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Legislative Year: 2019 Change
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Bill Detail: HB19-1108

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Title Nonresident Electors And Special Districts
Status Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/06/2019)
Bill Subjects
  • Elections & Redistricting
  • Local Government
House Sponsors L. Liston (R)
E. Hooton (D)
Senate Sponsors J. Tate (R)
House Committee State, Veterans, and Military Affairs
Senate Committee State, Veterans and Military Affairs
Date Introduced 01/14/2019
Description


Section 1 of the bill expands the definition of eligible elector, as
used in reference of persons voting in special district elections, to include
a natural person who owns, or whose spouse or civil union partner owns,
taxable real or personal property situated within the boundaries of the
special district or the area to be included in the special district and who
has satisfied all other requirements in the bill for registering to vote in an
election of a special district but who is not a resident of the state.
Section 2 prohibits a person from voting in a special district
election unless that person is an eligible elector as defined by the bill. The
section also requires any natural person desiring to vote at any election as
an eligible elector to sign a self-affirmation that the person is an elector
of the special district. The bill specifies the form the affirmation must
take.
Section 3 specifies procedures by which the eligible elector who
is an eligible elector in another state becomes registered to be able to vote
in the special district election. This section also contains an affirmation
to be executed by the voter upon completing his or her application for
registration. The oath or affirmation must be notarized by the elector.
Section 3 also permits any special district organized under the laws
of the state, upon passage of a resolution by the board of the district
(board), to allow an elector whose eligibility has been established through
the procedures specified in the bill to vote for candidates for the board of
directors of the special district. The bill makes clear that no person who
is designated as an eligible elector is permitted to cast a ballot at any
special district election without first having been registered within the
time and in the manner required by the bill. The bill only applies to a
special district whose board, by resolution, permits an eligible elector
who is not a resident of the state to vote in elections of the special district.
A person who is designated as an eligible elector in accordance
with the bill is only permitted to vote in an election of the special district
with which the person has registered and for a candidate for the board of
directors of the special district who is listed on the ballot of the special
district with which the elector is registered. A person who is designated
as an eligible elector in accordance with the bill is only permitted to vote
for candidates for the board and is not authorized to vote for any other
candidates or ballot issues or ballot questions that may appear on the
regular ballot of the special district.
The bill describes procedures by which an eligible elector who is
a resident of another state registers to vote with the special district.
The form used to register an eligible elector under the bill must
contain a question asking the elector to confirm that he or she desires to
receive a ballot from the special district. Unless the elector has executed
the form to indicate that he or she desires to receive a ballot from the
special district, the designated election official is not required to send a
ballot to the elector. The special district is solely responsible for
maintaining the list of nonresident owners of property within the special
district who are eligible to vote in an election of the special district.
Section 4 authorizes each special district board to select, in an
exercise of its own discretion and by majority vote of the board's voting
members, one or more additional board members, each of whom shall
serve as a nonvoting member of the board. A member of the board
appointed for this purpose must be a person who is a nonresident of the
state but is otherwise eligible to cast a ballot in elections of the special
district in accordance with the bill. A board with 3 members may appoint
no more than one nonvoting member of the board. A board with 5
members may appoint no more than 2 nonvoting members of the board.
The term of such board members is 4 years subject to renewal of one or
more additional 4-year terms in the discretion of a majority of the voting
members of the board. Any board member appointed for this purpose may
be removed for cause at any time by a majority of the voting members of
the board.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (09/04/2019) (most recent)  
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