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F I S C A L I M P A C T R E P O R T

SPONSOR HVEC

ORIGINAL DATE

LAST UPDATED

2/6/08

HB 191/HVECS

SHORT TITLE Automatic Absentee Ballot Requests

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Association of County Clerks (ACC)

No Responses Received From

Secretary of State (SOS)

SUMMARY

Synopsis of Bill

House Bill 191 adds a new section to the Election Code that allows a voter to request that an

absentee ballot be sent to the voter automatically for all elections. A voter may request, in

writing to be included on a permanent list of voters to receive an absentee ballot all elections.

The county clerk must maintain the list, including verification of signature on the request with

the voter’s registration form. The county clerk shall mail an absentee ballot to eligible voters on

the permanent absentee voter list. If the he voter has not notified the election officer forty-five

days prior to an election that the voter does not wish to receive an absentee ballot, the ballot will

automatically be mailed. Voter’s may be removed from the permanent early voting list if the

voter requests it in writing; the voter’s status is moved to inactive or canceled as provided by

law; or the absentee ballot sent is returned undeliverable. If a voter fails to vote an absentee

ballot, it does not constitute grounds to remove the voter from the permanent early voting list.

SIGNIFICANT ISSUES

The substitute bill addresses the concerns that the Association of County Clerks and Secretary of

State referenced in their analysis of the original bill.

House Bill 191/HVECS – Page

2

TECHNICAL ISSUES

The Association of County Clerks’ would like know if the statewide voter file has the ability to

create a permanent absentee class of voters, without spending an excessive amount of money to

do include this feature in the system.

OTHER SUBSTANTIVE ISSUES

ACC, expressed concern that the permanent absentee voters are required to get their ballots

mailed first when all absentee voters are supposed to be treated the same.

Additionally, the majority of voters do not notify county clerks when they move, so it is unlikely

voters will tell county clerks 45 days before an election that they don’t want a ballot. Therefore,

if they fail to follow the 45 day procedure they is no alternative and they must use the ballot they

were sent. If they admit to destroying their absentee ballot, they cannot be issued a replacement,

nor may they vote at the polling place. As a result, a voter may be disenfranchised from the

voting process. There is also potential for absentee ballot fraud.

EO/mt:bb