BILL ANALYSIS C.S.H.B. 4399 By: Hayes Elections Committee Report (Substituted) BACKGROUND AND PURPOSE The current requirements relating to the written plan for the operation of a counting station during an election are insufficient. While the secretary of state's office provides training on required and additional suggested elements of the plan, many such elements are not required to be included. As a result, some counties implement a plan with more details, but in many counties the plans are much more basic. C.S.H.B. 4399 seeks to address this issue by expanding the minimum requirements for the written plan for the operation of a counting station. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 4399 amends the Election Code to revise the provision requiring the written plan for the orderly operation of the central counting station, as established and implemented by the manager of the central counting station, to address the process for comparing the number of voters who signed the combination form with the number of votes cast for the entire election to specify instead that the plan must include information on that process and to specify further that the process includes comparing the number of voters who signed the electronic poll list with the number of votes cast for the entire election. Furthermore, the bill sets out the following additional information that must be included in the written plan: who will provide information and what information will be provided by each person to the presiding judge of the central counting station on each component of the process for the reconciliation of votes and voters conducted at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots; the date, time, and location of the second and third logic and accuracy tests to be conducted at the central counting station or regional tabulating center serving the central counting station; the procedures regarding an unsuccessful logic and accuracy test; the date, time, and place the central counting station will operate before, on, and after election day, as applicable; the number of people appointed to each area in the central counting station or regional tabulating center serving the central counting station; the minimum number of licensed peace officers serving at the central counting station; the procedures regarding ballot security, including ballot storage and chain of custody procedures; the procedures used to prevent obstruction of the watchers from performing their duties under the Election Code; information regarding the publicly available livestream, applicable to a county with a population of 100,000 or more that is required to have such a system, of the video surveillance system of all areas of the central counting station containing voted ballots; and a list with the date of any revision to the operation plan, the section revised. C.S.H.B. 4399 removes the requirement for the plan to be publicly available on request not later than 5 p.m. on the fifth day before the date of the election and requires the plan instead to be posted on the county's website, if the county maintains a website, not later than the fifth day before election day in the same location that the county clerk provides information on county elections. EFFECTIVE DATE September 1, 2023. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 4399 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute revises provisions in the introduced regarding the information that must be included in the written plan as follows: specifies the date, time, and location of the second and third logic and accuracy tests are to be included, whereas the introduced required that information to be included for any logic and accuracy test; requires the date, time, and place that a central counting station will operate before, on, and after election day to be included, as applicable, whereas the introduced did not require the plan to include that information on a central counting station's operation before election day; changes from a list of people appointed to each area in the central counting station or regional tabulating center, as in the introduced, to the number of such people; and omits the following as required information to be included: o the positions in which the persons appointed to the central counting station or the applicable regional tabulating center will serve; o in which rooms a peace officer will be stationed; o information on how, where, and when a poll watcher will be accepted for service at the central counting station; and o the initials of the individual who made any revision to the plan. The substitute changes the deadline for a county to post the plan online from not later than the 15th day before election day, as in the introduced, to not later than the fifth day before election day.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 4399
By: Hayes
Elections
Committee Report (Substituted)
C.S.H.B. 4399
By: Hayes
Elections
Committee Report (Substituted)
BACKGROUND AND PURPOSE The current requirements relating to the written plan for the operation of a counting station during an election are insufficient. While the secretary of state's office provides training on required and additional suggested elements of the plan, many such elements are not required to be included. As a result, some counties implement a plan with more details, but in many counties the plans are much more basic. C.S.H.B. 4399 seeks to address this issue by expanding the minimum requirements for the written plan for the operation of a counting station.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 4399 amends the Election Code to revise the provision requiring the written plan for the orderly operation of the central counting station, as established and implemented by the manager of the central counting station, to address the process for comparing the number of voters who signed the combination form with the number of votes cast for the entire election to specify instead that the plan must include information on that process and to specify further that the process includes comparing the number of voters who signed the electronic poll list with the number of votes cast for the entire election. Furthermore, the bill sets out the following additional information that must be included in the written plan: who will provide information and what information will be provided by each person to the presiding judge of the central counting station on each component of the process for the reconciliation of votes and voters conducted at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots; the date, time, and location of the second and third logic and accuracy tests to be conducted at the central counting station or regional tabulating center serving the central counting station; the procedures regarding an unsuccessful logic and accuracy test; the date, time, and place the central counting station will operate before, on, and after election day, as applicable; the number of people appointed to each area in the central counting station or regional tabulating center serving the central counting station; the minimum number of licensed peace officers serving at the central counting station; the procedures regarding ballot security, including ballot storage and chain of custody procedures; the procedures used to prevent obstruction of the watchers from performing their duties under the Election Code; information regarding the publicly available livestream, applicable to a county with a population of 100,000 or more that is required to have such a system, of the video surveillance system of all areas of the central counting station containing voted ballots; and a list with the date of any revision to the operation plan, the section revised. C.S.H.B. 4399 removes the requirement for the plan to be publicly available on request not later than 5 p.m. on the fifth day before the date of the election and requires the plan instead to be posted on the county's website, if the county maintains a website, not later than the fifth day before election day in the same location that the county clerk provides information on county elections.
EFFECTIVE DATE September 1, 2023.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 4399 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute revises provisions in the introduced regarding the information that must be included in the written plan as follows: specifies the date, time, and location of the second and third logic and accuracy tests are to be included, whereas the introduced required that information to be included for any logic and accuracy test; requires the date, time, and place that a central counting station will operate before, on, and after election day to be included, as applicable, whereas the introduced did not require the plan to include that information on a central counting station's operation before election day; changes from a list of people appointed to each area in the central counting station or regional tabulating center, as in the introduced, to the number of such people; and omits the following as required information to be included: o the positions in which the persons appointed to the central counting station or the applicable regional tabulating center will serve; o in which rooms a peace officer will be stationed; o information on how, where, and when a poll watcher will be accepted for service at the central counting station; and o the initials of the individual who made any revision to the plan. The substitute changes the deadline for a county to post the plan online from not later than the 15th day before election day, as in the introduced, to not later than the fifth day before election day.
BACKGROUND AND PURPOSE
The current requirements relating to the written plan for the operation of a counting station during an election are insufficient. While the secretary of state's office provides training on required and additional suggested elements of the plan, many such elements are not required to be included. As a result, some counties implement a plan with more details, but in many counties the plans are much more basic. C.S.H.B. 4399 seeks to address this issue by expanding the minimum requirements for the written plan for the operation of a counting station.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 4399 amends the Election Code to revise the provision requiring the written plan for the orderly operation of the central counting station, as established and implemented by the manager of the central counting station, to address the process for comparing the number of voters who signed the combination form with the number of votes cast for the entire election to specify instead that the plan must include information on that process and to specify further that the process includes comparing the number of voters who signed the electronic poll list with the number of votes cast for the entire election. Furthermore, the bill sets out the following additional information that must be included in the written plan:
who will provide information and what information will be provided by each person to the presiding judge of the central counting station on each component of the process for the reconciliation of votes and voters conducted at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots;
the date, time, and location of the second and third logic and accuracy tests to be conducted at the central counting station or regional tabulating center serving the central counting station;
the procedures regarding an unsuccessful logic and accuracy test;
the date, time, and place the central counting station will operate before, on, and after election day, as applicable;
the number of people appointed to each area in the central counting station or regional tabulating center serving the central counting station;
the minimum number of licensed peace officers serving at the central counting station;
the procedures regarding ballot security, including ballot storage and chain of custody procedures;
the procedures used to prevent obstruction of the watchers from performing their duties under the Election Code;
information regarding the publicly available livestream, applicable to a county with a population of 100,000 or more that is required to have such a system, of the video surveillance system of all areas of the central counting station containing voted ballots; and
a list with the date of any revision to the operation plan, the section revised.
C.S.H.B. 4399 removes the requirement for the plan to be publicly available on request not later than 5 p.m. on the fifth day before the date of the election and requires the plan instead to be posted on the county's website, if the county maintains a website, not later than the fifth day before election day in the same location that the county clerk provides information on county elections.
EFFECTIVE DATE
September 1, 2023.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 4399 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute revises provisions in the introduced regarding the information that must be included in the written plan as follows:
specifies the date, time, and location of the second and third logic and accuracy tests are to be included, whereas the introduced required that information to be included for any logic and accuracy test;
requires the date, time, and place that a central counting station will operate before, on, and after election day to be included, as applicable, whereas the introduced did not require the plan to include that information on a central counting station's operation before election day;
changes from a list of people appointed to each area in the central counting station or regional tabulating center, as in the introduced, to the number of such people; and
omits the following as required information to be included:
o the positions in which the persons appointed to the central counting station or the applicable regional tabulating center will serve;
o in which rooms a peace officer will be stationed;
o information on how, where, and when a poll watcher will be accepted for service at the central counting station; and
o the initials of the individual who made any revision to the plan.
The substitute changes the deadline for a county to post the plan online from not later than the 15th day before election day, as in the introduced, to not later than the fifth day before election day.