Monday, June 22, 2015

Election Law Bills Passed By The 2015 Texas Legislature

Updated Monday 06/22/15 at 10:00 p.m. The 2015 84th Texas Legislature regular session ended on Monday, June 1, 2015, the 140th day of the session. The following election related bills were passed and sent to Gov. Abbott to sign into law or veto. The governor had 20 days from June 1 to sign or veto bills passed by the legislature during the last 10 days of the session. Bills not already signed or vetoed by June 21, 2015 have become law with an effected date as noted by Last Action note.  Click the more jump.

Election related bills vetoed by Governor Abbott
 
 HB 2381 Author: Reynolds Sponsor: Rodríguez
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to the appointment and duties of election officers - how election judges are appointed for early voting in the primary and for counties using voting centers.
Companion: N/A
Commentary: Governor Abbott's Veto Statement: The Election Code allows the county chairs of each major political party to select election judges to represent the political party at polling places, subject only to the county commissioners court's review of the legal eligibility of the county chairs' selections. House Bill 2381 would enable partisan county clerks to override the selection of the party county chair in some cases. The selection of a political party's representative at a polling place should be left to party leadership and should not be subject to any influence by elected county clerks whose interests may not align with the party's interest. Other sections of House Bill 2381 contain reforms that would be worthy of reconsideration by the next Legislature.

Glen Maxey's Comment: This bill was negotiated between the Democratic and Republican Party and the County Clerk’s and Election Administrators. The “other sections” Abbott mentions in the final sentence is the meat of the bill: finally clarifying how Judges are balanced in early voting for primary elections, and for voting center counties on election days. With this veto, that is lost. So the Governor kills this bill because the section of the law about how the appointments of the Party get to the Commissioner’s Court gives the Clerks more power. No it does not. It just put it common sense order. Current law has the Party Chair send the list to the Commissioner’s Court. The Court sends it to the EA or Clerk to make sure everyone is legal to be a Judge, and that they have been trained, etc. Then the final list goes to the Court for appointment. Section One of this bill simply had the list go from the Chair to the EA or Clerk for them to review for eligibility and training and then to the Commissioner’s Court. Not a single new thing was going to happen in the scenario of HB 2381 than what happens now. But in this misunderstanding of reality, Abbot killed the more important sections of this bill that he seems not to have issues with.
 HB 2775 Author: Rodriguez, Eddie Sponsor: Zaffirini
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to a petition filed in connection with an application (petition) for a place on the ballot - putting Texas Supreme Court's  "Francis Decision" on petition for a place on the ballot filings into the Election Code.
Companion: N/A
Commentary: Governor Abbott's Veto Statement: The Election Code requires those seeking a place on the ballot for certain races to submit to the Secretary of State a petition containing signatures of registered voters who support the candidacy. House Blll 2775 would allow candidates who submit deficient petitions to update their petitions in a piecemeal fashion, rather than requiring the submission of a single, legally compliant petition. This could increase the risk of erroneous or fraudulent petitions. To the extent there are concerns about the Secretary of State's current policies on candidate petitions, the Legislature should work with the Secretary of State's office to address this issue in the next session.

Glen Maxey's Comment: Huh? There is no statutory language on how petitions are filed with Chairs. Every cycle candidates ask, “ Can I bring in more signatures?” or “Can I bring more signatures after the deadline?” There was never an answer in the law. Years ago, the Texas Republican Party kicked a Supreme Court candidate off the ballot. He sued (Francis decision) and that lawsuit’s findings by the Texas Supreme Court are our guidance. It says a candidate may file a petition and then add additional signatures to it until the filing date. No signatures can be added after the filing deadline. This bill simply wrote that into the code so everyone knew the answers by looking in the Election code. So it’s now vetoed, and nothing changes, other than TDP staff and County Chairs will tell candidates what they can or can’t do under the Supreme Court ruling. Abbott says this bill may cause “erroneous or fraudulent petitions”. Well, guess what? We still have to do what this bill says because of the Supreme Court decision. Lastly, it’s just not that hard to accept additional signatures: The chair staples them to the first submission and it’s done. 
 SB 1034 Author: Rodríguez | et al. Sponsor: Miller, Rick
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to voting by mail, including the cancellation of an application for a ballot to be voted by mail - allowing voters to submit 2016 vote by mail application during the fall 2015 on the  November application and fixing vote by mail envelopes
Companion: HB 2028 by Miller, Rick | et al., Similar, 04/30/2015 H Reported favorably w/o amendment(s)
Commentary: Governor Abbott's Veto Statement: The integrity of the vote-by-mail process must be strengthened, not called into question. Amendments added to Senate Bill 1034 late in the legislative process would create confusion as to how counties should administer mail-in ballot applications. To ensure this important matter is addressed with the clarity it deserves, the Legislature should reconsider the issue and eliminate the uncertainty and ambiguity contained in this bill.

Glen Maxey's Comment: Nobody can be confused by this bill. It took away duplication of efforts and saves money. Clearly Republicans in Harris County, once again, want to put barriers in the way of seniors and disabled people instead of streamlining the access to the ballot. his bill simply said that a person filling out a vote by mail application this fall for the Constitutional Amendment/City of Houston Mayor & Council elections could request their 2016 primary ballot and 2016 General election ballot on the same application.

If not vetoed by Gov. Abbott, new law would have:
  1. Saved seniors and disabled folks from having to fill out a second application about 90 days after the November election. Less hassles for the voter.
  2. The Democratic Party and Republican party would not have to pay to send pre-populated applications to their voters in January before the primary if they were already on the list to get the ballots. This would have saved both parties money since those voters who vote in the November constitutional amendment election and the City of Houston elections will certainly vote in the primary.
  3. The County Clerk’s office in Harris County will have to reprocess what may be 40,000 duplicative applications a second time for 2016, costing the taxpayers thousands of dollars of staff time.
Bottom line: Cost the taxpayer’s more money AND make it more of a hassle for these people to vote.

Additionally, this bill required the SOS to fix ballot carrier envelopes so insure that seniors signed their ballot envelopes correctly so they wouldn't be discarded.
 HB 3511 Author: Davis, Sarah Sponsor: Huffman
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to the contents of financial statements filed by certain persons; adding a provision subject to criminal penalties.
Companion: N/A
Commentary: N/A
* Glen Maxey is the Texas Democratic Party's Legislative Affairs Director



Bills that have become law or will become law on a future effective date.

HB 157 Author: Larson | et al. Sponsor: Eltife
Last Action 06/20/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the rates of sales and use taxes imposed by municipalities; authorizing an increase or decrease in the rate of those taxes.
 HB 389 Author: Bell | et al. Sponsor: Nichols
Last Action 05/28/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the Montgomery County Hospital District.
HB 484 Author: Capriglione | et al. Sponsor: Hancock
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the eligibility of a person to be a candidate for or holder of certain public elective offices.
HB 621 Author: Lozano | et al. Sponsor: Burton
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the termination of a volunteer deputy registrar appointment.
HB 1026 Author: Thompson, Ed Sponsor: Garcia
Last Action 06/17/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to eligibility for appointment as a tabulation supervisor in an election.
HB 1114 Author: Gonzales, Larry Sponsor: Bettencourt
Last Action 06/17/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the authority with whom certain political committees must file reports of political contributions and expenditures.
HB 1246 Author: Koop | et al. Sponsor: Hall
Last Action 05/29/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the methods of delivery for required financial statement forms sent to certain municipal officeholders and candidates for municipal office.
HB 1690 Author: King, Phil | et al. Sponsor: Huffman | et al.
Last Action 06/18/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the investigation and prosecution of offenses against public administration, including ethics offenses.
HB 1819 Author: Miller, Doug Sponsor: Fraser
Last Action 06/10/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to the date for the election of directors of the Hill Country Underground Water Conservation District.
HB 1927 Author: Bonnen, Greg | et al. Sponsor: Huffman | et al.
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the procedures for applying for a ballot to be voted by mail; creating a criminal offense.
HB 2027 Author: Bonnen, Greg | et al. Sponsor: Hancock | et al.
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to establishing precincts for elections held on a uniform election date by certain political subdivisions.
HB 2050 Author: Rodriguez, Eddie Sponsor: Zaffirini
Last Action 06/01/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to voter information provided by a voter registrar to the secretary of state.
HB 2160 Author: Paul Sponsor: Bettencourt
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the release of election judges' and clerks' contact information.
HB 2354 Author: Farney | et al. Sponsor: Schwertner
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to changing the date of the May uniform election.
HB 2366 Author: Goldman | et al. Sponsor: Hancock
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the notation on the precinct list of registered voters that a voter voted early.
HB 2381 Author: Reynolds Sponsor: Rodríguez
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to the appointment and duties of election officers.
HB 2721 Author: Blanco Sponsor: Rodríguez
Last Action 06/19/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to public notice of the time for voting during an early voting period.
HB 2775 Author: Rodriguez, Eddie Sponsor: Zaffirini
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to a petition filed in connection with an application for a place on the ballot.
HB 2778 Author: Elkins Sponsor: Bettencourt
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the elections for which federal postcard applicant voters may be sent ballots by e-mail.
HB 2883 Author: Simmons Sponsor: Nelson
Last Action 06/19/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to the addition of territory to a crime control and prevention district and to a fire control, prevention, and emergency medical services district.
HB 2900 Author: Goldman Sponsor: Creighton
Last Action 06/01/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to compliance with federal voting system standards.
HB 3157 Author: Faircloth Sponsor: Huffman
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to notice of cancellation of elections.
HB 3456 Author: Paul | et al. Sponsor: Estes
Last Action 06/17/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the composition of a district executive committee of a political party.
HB 3511 Author: Davis, Sarah Sponsor: Huffman
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to the contents of financial statements filed by certain persons; adding a provision subject to criminal penalties.
HB 3680 Author: Geren Sponsor: Zaffirini
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the confidentiality of certain information stored as part of the preparation of reports and personal financial statements required to be filed with the Texas Ethics Commission.
HB 4130 Author: Gonzales, Larry Sponsor: Schwertner
Last Action 06/18/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the qualifications and method of electing directors of the Jonah Water Special Utility District.
SB 142 Author: Garcia | et al. Sponsor: Klick
Last Action 06/20/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to the appointment and training of volunteer deputy registrars.
SB 383 Author: Uresti | et al. Sponsor: Bernal
Last Action 05/29/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the time of delivery to the early voting ballot board for ballots voted by mail in certain counties.
SB 431 Author: Seliger Sponsor: Phelan
Last Action 05/29/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the deadline for filing a candidate's personal financial statement.
SB 733 Author: Fraser Sponsor: Workman
Last Action 06/19/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to the authority of certain political subdivisions to change the date of their general elections.
SB 795 Author: Perry | et al. Sponsor: Klick
Last Action 06/15/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to establishing an interstate voter registration crosscheck program.
SB 983 Author: Bettencourt | et al. Sponsor: Schofield
Last Action 05/27/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to restrictions on the assessment of the fee charged for issuance of certain birth records.
SB 1034 Author: Rodríguez | et al. Sponsor: Miller, Rick
Last Action 06/20/2015 E Vetoed by the Governor
Caption Version: Enrolled
Caption: Relating to voting by mail, including the cancellation of an application for a ballot to be voted by mail.
SB 1072 Author: Zaffirini Sponsor: Rodriguez, Eddie
Last Action 05/23/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the removal of a precinct or county chair for abandonment of office.
SB 1073 Author: Zaffirini Sponsor: Rodriguez, Eddie
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the requirements for a candidate's application or nomination for a place on the ballot and related procedures.
SB 1115 Author: Campbell Sponsor: White, James
Last Action 06/15/2015 E Effective immediately
Caption Version: Enrolled
Caption: Relating to a program allowing certain military voters on active duty overseas to cast a ballot electronically.
SB 1336 Author: Perry Sponsor: Keffer
Last Action 06/19/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the powers and duties, the construction of laws, and the election dates of certain groundwater conservation districts.
SB 1448 Author: Ellis Sponsor: Miller, Rick
Last Action 05/29/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to holding a primary election for a political party in a county without party leadership.
SB 1703 Author: Huffman Sponsor: Laubenberg
Last Action 05/22/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the deadlines for certain processes and procedures involving an election.
SB 1779 Author: Menéndez Sponsor: Minjarez
Last Action 05/29/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the order of candidate names on a runoff expedited election ballot.
SB 2030 Author: Seliger Sponsor: Price
Last Action 06/16/2015 E Effective on 9/1/15
Caption Version: Enrolled
Caption: Relating to the election date of the North Plains Groundwater Conservation District.
SCR 3 Author: Whitmire Sponsor: Kuempel
Last Action 02/05/2015 E Signed by the Governor
Caption Version: Introduced
Caption: Providing for procedures for the canvass of votes for the governor and lieutenant governor and the inauguration of the governor and lieutenant governor, and inviting the governor to address a joint session of the legislature on January 15, 2015.

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