Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
The Office of the Secretary of State, Elections Division, proposes
the repeal of §§81.1, 81.8, 81.10, 81.72, 81.73, 81.74, 81.75, 81.81,
81.82, and 81.401 concerning elections. The repeals are a result of the Rule
Review required by the General Appropriations Act of 1997.
The proposed repeals will allow the Office of the Secretary of State to
delete rules which have become outdated or codified (81.1, 81.8, 81.10, 81.401),
and rewrite and relocate the other rules (81.72, 81.73, 81.74, 81.75, 81.81,
and 81.82) contained in this chapter.
In addition, the Elections Division proposes to change the title of Subchapter
E from "Miscellaneous" to "Election Day Procedures." The reason for this proposed
title change is to reflect more accurately the contents of Subchapter E.
Jeffrey H. Eubank, Assistant Secretary of State, has determined that for
the first five-year period the repeals are in effect there will be no fiscal
implications to the state or local governments as a result of enforcing or
administering the repeals.
Mr. Eubank has also determined that for the first five-year period the
repeals are in effect the public benefits expected as a result of adoption
of the proposed repeals will be that the rules contained in Chapter 81 will
be current and presented in a more logical manner. There will be no effect
on small businesses or micro-businesses. There will be no anticipated economic
cost to the state or local governments.
Comments on the proposed rules may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director for Elections, P.O. Box 12060, Austin, Texas
78711.
Subchapter A. VOTER REGISTRATION
1 TAC §§81.1, 81.8, 81.10
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Election Code, §31.003
(Vernon 2000), which authorizes the agency to amend, adopt, and repeal rules
deemed necessary or advisable to effectuate the Code.
No other article, statute, or code is affected by these proposed repeals.
§81.1.Application Forms Used by Volunteer Deputies.
§81.8.Submission of Lists to the Secretary of State.
§81.10.Voter Registration Transactions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 19, 2000.
TRD-200002800
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
1 TAC §§81.72 - 81.75, 81.81, 81.82
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Election Code, §31.003
(Vernon 2000), which authorizes the agency to amend, adopt, and repeal rules
deemed necessary or advisable to effectuate the Code.
No other article, statute, or code is affected by these proposed repeals.
§81.72.Late Convening of Early Voting Ballot Board in Elections Other Than a General Election for State and County Officers and Primary Elections.
§81.73.Late Convening of Early Voting Ballot Board.
§81.74.Security of Early Voting Ballots under Election Code, §85.032(f).
§81.75.Voting from Space.
§81.81.Supplementation of Voter Registration Application.
§81.82.Documentation Establishing Citizenship.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 19, 2000.
TRD-200002801
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
1 TAC §81.401
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Election Code, §31.003
(Vernon 2000), which authorizes the agency to amend, adopt, and repeal rules
deemed necessary or advisable to effectuate the Code.
No other article, statute, or code is affected by this proposed repeal.
§81.401.Implementation of the National Voter Registration Act (NVRA).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 19, 2000.
TRD-200002802
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
Subchapter A. VOTER REGISTRATION
1 TAC §81.1
The Office of the Secretary of State, Elections Division,
proposes new §81.1 concerning supplementation of voter registration applications.
This new rule is the result of the Rule Review required by the General Appropriations
Act of 1997.
Proposed new §81.1 will allow old §81.81 to be relocated to the
voter registration subchapter.
Jeffrey H. Eubank, Assistant Secretary of State, has determined that for
the first five-year period the new rule is in effect there will be no fiscal
implications to the state or local governments as a result of enforcing or
administering the new rule.
Mr. Eubank has also determined that for the first five-year period the
new rule is in effect the public benefit expected as a result of adoption
of the proposed new rule will be that the new rule is located in the voter
registration subchapter, which is its most logical location, and should be
easier for the public to reference. There will be no effect on small businesses
or micro-businesses. There will be no anticipated economic cost to the state
or local governments.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director for Elections, P.O. Box 12060, Austin, Texas
78711.
The new rule is proposed under Texas Election Code, §31.003,
which authorizes the Office of the Secretary of State to obtain and maintain
uniformity in the application, interpretation, and operation of provisions
under the Texas Election Code and other election laws.
No other article, statute, or code is affected by this proposed new rule.
§81.1. Supplementation of Voter Registration Application.
(a)
"Required information" in §13.072(e) shall mean the
subsequent submission of a fully completed voter registration application.
(b)
In order to proceed with the review of the application,
the voter registrar must receive the required information not later than 10
days after notifying the applicant that a voter registration application is
incomplete.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 19, 2000.
TRD-200002794
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
1 TAC §81.8
The Office of the Secretary of State, Elections Division,
proposes new §81.8 concerning documentation establishing citizenship
for voter registration challenges. This new rule is the result of the Rule
Review required by Rider 167 of the General Appropriations Act of 1997.
Proposed new §81.8 will allow old §81.82 to be relocated to the
voter registration subchapter.
Jeffrey H. Eubank, Assistant Secretary of State, has determined that for
the first five-year period the new rule is in effect there will be no fiscal
implications to the state or local governments as a result of enforcing or
administering the new rule.
Mr. Eubank has also determined that for the first five-year period the
new rule is in effect the public benefit expected as a result of adoption
of the proposed new rule will be that the new rule is located in the voter
registration subchapter, which is its most logical location, and should be
easier for the public to reference. There will be no effect on small businesses
or micro-businesses. There will be no anticipated economic cost to the state
or local governments.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director for Elections, P.O. Box 12060, Austin, Texas
78711.
The new rule is proposed under Texas Election Code, §31.003,
which authorizes the Office of the Secretary of State to obtain and maintain
uniformity in the application, interpretation, and operation of provisions
under the Texas Election Code and other election laws.
No other article, statute, or code is affected by this proposed new rule.
§81.8. Documentation Establishing Citizenship.
(a)
"Proof of citizenship" may take the form of a certified
copy of the voter's passport, birth certificate, or certificate of naturalization
papers.
(b)
If a voter fails to provide proof of citizenship within
the required 30 days, the voter registrar shall promptly send the voter a
notice of cancellation that includes the date of and the reason for cancellation.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 19, 2000.
TRD-200002795
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
1 TAC §81.32
The Office of the Secretary of State, Elections Division,
proposes new §81.32, concerning late convening of the early-voting ballot
board in elections other than the general election for state and county officers.
This new rule is the result of the Rule Review required by Rider 167 of the
General Appropriations Act of 1997.
Proposed new §81.32 will allow old §81.72 to be relocated from
the miscellaneous subchapter to the early-voting subchapter.
Jeffrey H. Eubank, Assistant Secretary of State, has determined that for
the first five-year period the new rule is in effect there will be no fiscal
implications to the state or local governments as a result of enforcing or
administering the new rule.
Mr. Eubank has also determined that for the first five-year period the
new rule is in effect the public benefit expected as a result of adoption
of the proposed new rule will be that the new rule is located in the early-voting
subchapter, which is its most logical location, and should be easier for the
public to reference. There will be no effect on small businesses or micro-businesses.
There will be no anticipated economic cost to the state or local governments.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director for Elections, P.O. Box 12060, Austin, Texas
78711.
The new rule is proposed under Texas Election Code, §31.003,
which authorizes the Office of the Secretary of State to obtain and maintain
uniformity in the application, interpretation, and operation of provisions
under the Texas Election Code and other election laws.
No other article, statute, or code is affected by this proposed new rule.
§81.32. Late Convening of Early-Voting Ballot Board in Elections Other than General Election for State and County Officers.
The presiding judge of the early-voting ballot board shall convene
the board between the third and fifth day after election day to count late
early-voted ballots cast from outside the country and placed in delivery by
7:00 p.m. on election day, so that the governing body of the territory conducting
the election can timely canvass the election returns no earlier than the third
day or later than the sixth day after election day.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 19, 2000.
TRD-200002796
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
1 TAC §81.33
The Office of the Secretary of State, Elections Division,
proposes new §81.33 concerning late convening of the early-voting ballot
board in primary elections. This new rule is the result of the Rule Review
required by the General Appropriations Act of 1997.
Proposed new §81.33 will allow old §81.73 to be relocated from
the miscellaneous subchapter to the early-voting subchapter. The language
of the rule has been amended to clarify that it applies only to primary elections.
Jeffrey H. Eubank, Assistant Secretary of State, has determined that for
the first five-year period the new rule is in effect there will be no fiscal
implications to the state or local governments as a result of enforcing or
administering the new rule.
Mr. Eubank has also determined that for the first five-year period the
new rule is in effect the public benefit expected as a result of adoption
of the proposed new rule will be that the new rule is located in the early-voting
subchapter, which is its most logical location, and should be easier for the
public to reference. There will be no effect on small businesses or micro-businesses.
There will be no anticipated economic cost to the state or local governments.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Ann McGeehan, Director for Elections, P.O. Box 12060, Austin, Texas
78711.
The new rule is proposed under Texas Election Code, §31.003,
which authorizes the Office of the Secretary of State to obtain and maintain
uniformity in the application, interpretation, and operation of provisions
under the Texas Election Code and other election laws.
No other article, statute, or code is affected by this proposed new rule.
§81.33. Late Convening of Early-Voting Ballot Board in Primary Elections.
The presiding judge of the early-voting ballot board shall convene
the board to count late early-voted ballots cast from outside the country
and placed in delivery by 7:00 p.m. on election day, at any time after the
last mail delivery occurring two days after the election, or when the early
voting clerk certifies that all early-voting ballots mailed from outside the
United States have been received, whichever is earlier. The precise time for
the convening of the board shall be within the discretion of the presiding
judge, with a view toward allowing ample time for the board and the central
counting station personnel (if applicable) to discharge its duties so that
the county executive committee can timely convene at no later than 1:00 p.m.
on the third day after election day.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 19, 2000.
TRD-200002797
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-5561
Subchapter E. ELECTION DAY PROCEDURES
Subchapter K. IMPLEMENTATION OF THE NATIONAL VOTER REGISTRATION ACT
Chapter 81.
ELECTIONS
Subchapter B. EARLY VOTING