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F I S C A L I M P A C T R E P O R T
SPONSOR Martínez
DATE TYPED 3/4/05
HB 898
SHORT TITLE Signed Statements for Provisional Ballots
SB
ANALYST Medina
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to the Election Code
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General (AG)
Secretary of State
SUMMARY
Synopsis of Bill
House Bill 898 amends the Election Code as it relates to provisional voting and provisional bal-
lots to require that a person who votes on a provisional ballot in accordance with the provisions
to allow a person who votes on a provisional ballot to be allowed to execute a statement swear-
ing or affirming that a person is a qualified elector, has registered to vote in the county and has
not cast a ballot or voted in that election. If the person signs the statement and the person has
registered to vote with the county clerk and is only required to submit identification because the
person registered by mail, the person’s provisional ballot must be counted.
Significant Issues
According to the Secretary of State, this bill corrects the problem, which arises when a voter pre-
sents himself to a precinct judge and finds out someone else has signed the signature roster and
voted in his place. Although the affected voter is given a provisional ballot in this case, the can-
vassing board disqualifies the provisional ballot cast by the person because someone else signed
pg_0002
House Bill 898 -- Page 2
the signature roster in the space provided for the rightful voter. The Secretary of State argues
that without this bill, such provisional ballots will continue to be disqualified.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
House Bills 25, 29 and 686 relate to provisional ballots.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
The Secretary of State contends that if this bill does not pass, the affected voters will be disen-
franchised.
DXM/lg