BILL ANALYSIS C.S.H.B. 3775 By: Paul Elections Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that an individual affiliated with an election integrity group reported election officials in a large county opening accepted mail-in ballots on the seventh day before election day, in violation of current law. The bill author has also informed the committee that access to opened paper ballots for more days than the law allows could open the door for fraud. C.S.H.B. 3775 seeks to address this issue by clarifying when the carrier envelope containing a ballot voted by mail may be opened. 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. 3775 amends the Election Code to prohibit an early voting ballot board from opening a ballot envelope of an accepted voter until: the polls open on election day; in an election conducted by an authority of a county with a population of at least 100,000 but less than 1 million, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance; or in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, 7 a.m. on the sixth day before election day. The bill prohibits such a board from counting early voting ballots until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the bill revises the prohibition against such a board from counting early voting ballots in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, until the end of the period for early voting by personal appearance by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million. C.S.H.B. 3775, with regard to the requirement for the board to remove an accepted ballot from a carrier envelope, specifies that the board must do so without opening the ballot envelope. The bill authorizes an accepted ballot that was not returned in the official ballot envelope to be placed in an empty envelope. The bill requires the board to maintain chain of custody paperwork that accounts for the correct number of accepted ballots and envelopes placed into the ballot box or container as required by provisions relating to the disposition of accepted ballots and applications for ballots, as applicable. When the container is sealed, the paperwork must be signed by the following individuals: the presiding judge; a member of the board who is a member of a different political party from the presiding judge; and at least one poll watcher, if present during the session. C.S.H.B. 3775 applies only to an election held on or after the bill's effective date. An election held before the bill's effective date is governed by the law in effect when the election was held, and that law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3775 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 includes a provision absent from the introduced prohibiting an early voting ballot board from opening a ballot envelope of an accepted voter until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the substitute revises the prohibition against such a board from counting early voting ballots until the end of the period for early voting by personal appearance in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million. The introduced did not revise the prohibition in this manner.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 3775
By: Paul
Elections
Committee Report (Substituted)
C.S.H.B. 3775
By: Paul
Elections
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that an individual affiliated with an election integrity group reported election officials in a large county opening accepted mail-in ballots on the seventh day before election day, in violation of current law. The bill author has also informed the committee that access to opened paper ballots for more days than the law allows could open the door for fraud. C.S.H.B. 3775 seeks to address this issue by clarifying when the carrier envelope containing a ballot voted by mail may be opened.
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. 3775 amends the Election Code to prohibit an early voting ballot board from opening a ballot envelope of an accepted voter until: the polls open on election day; in an election conducted by an authority of a county with a population of at least 100,000 but less than 1 million, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance; or in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, 7 a.m. on the sixth day before election day. The bill prohibits such a board from counting early voting ballots until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the bill revises the prohibition against such a board from counting early voting ballots in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, until the end of the period for early voting by personal appearance by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million. C.S.H.B. 3775, with regard to the requirement for the board to remove an accepted ballot from a carrier envelope, specifies that the board must do so without opening the ballot envelope. The bill authorizes an accepted ballot that was not returned in the official ballot envelope to be placed in an empty envelope. The bill requires the board to maintain chain of custody paperwork that accounts for the correct number of accepted ballots and envelopes placed into the ballot box or container as required by provisions relating to the disposition of accepted ballots and applications for ballots, as applicable. When the container is sealed, the paperwork must be signed by the following individuals: the presiding judge; a member of the board who is a member of a different political party from the presiding judge; and at least one poll watcher, if present during the session. C.S.H.B. 3775 applies only to an election held on or after the bill's effective date. An election held before the bill's effective date is governed by the law in effect when the election was held, and that law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3775 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 includes a provision absent from the introduced prohibiting an early voting ballot board from opening a ballot envelope of an accepted voter until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the substitute revises the prohibition against such a board from counting early voting ballots until the end of the period for early voting by personal appearance in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million. The introduced did not revise the prohibition in this manner.
BACKGROUND AND PURPOSE
The bill author has informed the committee that an individual affiliated with an election integrity group reported election officials in a large county opening accepted mail-in ballots on the seventh day before election day, in violation of current law. The bill author has also informed the committee that access to opened paper ballots for more days than the law allows could open the door for fraud. C.S.H.B. 3775 seeks to address this issue by clarifying when the carrier envelope containing a ballot voted by mail may be opened.
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. 3775 amends the Election Code to prohibit an early voting ballot board from opening a ballot envelope of an accepted voter until:
the polls open on election day;
in an election conducted by an authority of a county with a population of at least 100,000 but less than 1 million, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance; or
in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, 7 a.m. on the sixth day before election day.
The bill prohibits such a board from counting early voting ballots until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the bill revises the prohibition against such a board from counting early voting ballots in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, until the end of the period for early voting by personal appearance by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million.
C.S.H.B. 3775, with regard to the requirement for the board to remove an accepted ballot from a carrier envelope, specifies that the board must do so without opening the ballot envelope. The bill authorizes an accepted ballot that was not returned in the official ballot envelope to be placed in an empty envelope. The bill requires the board to maintain chain of custody paperwork that accounts for the correct number of accepted ballots and envelopes placed into the ballot box or container as required by provisions relating to the disposition of accepted ballots and applications for ballots, as applicable. When the container is sealed, the paperwork must be signed by the following individuals:
the presiding judge;
a member of the board who is a member of a different political party from the presiding judge; and
at least one poll watcher, if present during the session.
C.S.H.B. 3775 applies only to an election held on or after the bill's effective date. An election held before the bill's effective date is governed by the law in effect when the election was held, and that law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3775 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 includes a provision absent from the introduced prohibiting an early voting ballot board from opening a ballot envelope of an accepted voter until 7 a.m. on the sixth day before election day in an election conducted by an authority of a county with a population of 1 million or more, or conducted jointly with such a county or conducted with such a county through a contract for election services. Accordingly, the substitute revises the prohibition against such a board from counting early voting ballots until the end of the period for early voting by personal appearance in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, by changing the population bracket of the applicable county from 100,000 or more to at least 100,000 but less than 1 million. The introduced did not revise the prohibition in this manner.