Legislative Blog

J.B. Williams, J.D.

4 bills that modify the Election Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 246 - Pilot program for recording ballot counting activity

HB 315 - Personal information on an application for a ballot to be voted by mail

HB 357 - Requirements for access to online tracker of an applicant for ballot to be voted by mail

HB 1217 - Early voting by personal appearance

4 bills that modify the Election Code

Published: 2025-02-12

HB 246

Pilot program for recording ballot counting activity

The Secretary of State is to establish a pilot program requiring counties to use video recording for:

1. all areas containing voted ballots where there is central counting station or if not, then not less than 20% of the precincts; and
2. the ballot counting for early voting ballots after the polls close, including:
   • early voting ballots by mail;
   • early voting ballots voted by mail tha have defect corrected; and
   • provisional ballots

Six counties need to be included in the pilot program. Two counties with a population of more than 100,000 but less than 500,000. Two counties with a population of not less than 50,000 and not more than 100,000. Two counties with a population of not more than 5,000. This program was to be in effect through January 1, 2025.

On January 1, 2025, a report was to be filed stating which counties participated; the number of precincts and central counting stations that recorded video; the best practices for placement and use of the recording equipment; the cost of broadband Internet connectivity required to implement the program; and any other information and recommendations. The best practices for placement and use needed to include the best angles for visibility; best distance between device and counting station; and best devices for clarity.

HB 315

Personal information on an application for a ballot to be voted by mail

Ensuring that applicants understand the offenses for providing false information. A space is included to list the date after which an applicant, who will be absent during voting, can receive the mail at an address outside the county. A space to provide a contact number and how that information can assist the early voting clerk.

HB 357

Requirements for access to online tracker of an applicant for ballot to be voted by mail

Runoff elections are designated by the secretary of state on a Saturday, and must be no sooner than 30 days post elections and not later than 45 days post election. It may not be set on a national or state holiday; or have early voting that includes a national or state holiday.

And no this section does not affect on line tracking but at least it does affect the election code.

To track ballot applications, the voter must provide their name, date of birth (not previously required) and last 4 of their social security number. They must also provide either their driver's license number or personal identification number used by the Department of Public Safety.

In Texas, an identification card does have a fee but may be waived if the individual cannot pay it. Appointments to get one are now scheduled on line, and while they are a pain to get scheduled in short order at a location close to you; scheduling in advance close to you is easier. So plan ahead, don't do the I can apply on line for renewal because the system said so; and then find out when you start to do it, that you must go in person.

HB 357

Early voting by personal appearance

State funds for elections may only be used to defray expenses of the registrar's office in connection with voter registration. If the county is less than 55,000 in population, then it may also be used to keep polling places open during early voting for the specific required times.

Early voting locations must be open at least 12 consecutive hours on each weekday of the last week of early voting, and for special elections for at least 12 consecutive hours on the last 2 days of the early voting period. Early voting on the last Saturday in early voting must be at least 12 consecutive hours, and on the last Sunday at least 6 consecutive hours.

There use to be special rules for counties under 55,000 but those have been struck.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.