BILL ANALYSIS

C.S.H.B. 246

By: Swanson

Elections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the integrity of elections conducted in Texas, particularly with regard to fraudulent activity potentially occurring in ballot counting rooms. There have been calls to ensure that ballot counting activity is aboveboard and held accountable at all times. While the 87th Legislature passed legislation during its 2nd Called Session that required video surveillance of areas where ballots are being counted in counties with a population greater than 100,000, there are few existing mechanisms to effectively run the surveillance in these areas. Furthermore, the population threshold for this requirement excludes many Texas counties. Some observers have also noticed that the distance between camera placements and ballot counting activity in current surveillance practices often inhibits a viewer's ability to observe details of the process. C.S.H.B. 246 seeks to optimize the surveillance of ballot counting activities statewide by requiring the secretary of state to establish a pilot program for recording activity in certain counties.

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. 246 amends the Election Code to require the secretary of state to establish a pilot program requiring a county to use a video recording device to record the following:

·         all areas containing voted ballots in:

o   each central counting station in the requisite manner; or

o   if the county has not established a central counting station, not less than 20 percent of precincts in the county; and

·         ballot counting activity performed by the early voting ballot board after the polls close on election day, including the processing of:

o   early voting ballots voted by mail;

o   early voting ballots voted by mail that have had a defect corrected; and

o   provisional ballots.

C.S.H.B. 246 requires the secretary of state to do the following:

·         select six counties with specified populations to take part in the pilot program as follows:

o   two counties with a population of more than 100,000 but not more than 500,000;

o   two counties with a population of not less than 50,000 and not more than 100,000; and

o   two counties with a population of not more than 5,000;

·         adopt procedures to implement the program, which may not violate provisions restricting the use of certain devices within 100 feet of a voting station, but must include procedures to determine which counties may participate in the program;

·         operate the program until January 1, 2025;

·         file a report with the legislature not later than that date stating the following:

o   which counties participated in the program;

o   the number of precincts and central counting stations that recorded video;

o   any best practices for placement and use of the video recording devices, including best angles for visibility, best distance between device and counting station, and best devices for clarity; and

o   any other information and recommendations considered necessary; and

·         the cost and availability of broadband Internet connectivity required to implement the program.

The bill's provisions expire January 1, 2025.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 246 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.

Whereas the introduced required a county participating in the pilot program to use a video recording device to record ballot counting activity in not less than 20 percent of precincts in a participating county, the substitute requires the use of the video recording device to record all areas containing voted ballots in each central counting station, or if the county has not established a central counting station, not less than 20 percent of precincts in the county, and to record ballot counting activity performed by the early voting ballot board after the polls close on election day.

The substitute revises the population thresholds for participating counties established in the introduced by requiring two such counties to have a population of more than 100,000 and not more than 500,000, whereas the introduced required two counties to have a population of not less than 500,000.

The substitute includes a provision absent from the introduced establishing that the secretary of state's adopted procedures for implementing the pilot program may not violate provisions restricting the use of certain devices within 100 feet of voting stations.

The substitute contains provisions absent from the introduced that require the secretary of state's report on the program to include the number of central counting stations that recorded video and the cost and availability of broadband Internet required to implement the program.

Whereas the introduced established January 31, 2025, as the date until which the secretary of state must operate the pilot program, the deadline by which the secretary must submit the report, and the date on which the bill's provisions expire, the substitute changes that date to January 1, 2025.