Friday, May 8, 2009

Blog # 12 Paper Ballots & Ballot Access, and Peace Officers taking blood?

April 27, 2009




Another trip to the Elections Committee

HB 282  Anchia | Maldonado - Relating to the designation of certain election days as state holidays.  

Companion bill:  SB 138 by Ellis, Very Similar


HB 820 Ortiz, Jr. | Herrero - Relating to certain ballot access requirements.  

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB820


All new political parties are interested in getting this bill passed:  It would lower the necessary signatures on a petition to get a candidate on the ballot from 50,000 + (of likely registered voters) down to 500!  Support has been from the Libertarian Party, Constitution Party, Independent Texans, Green Party, and others looking to make it easier to get on the ballot in Texas and therefore be able to focus on the election, just like the Democrats and Republicans can (except they don't have to get any signatures to get on the ballot!).

This bill is still pending in committee - YOUR calls and FAXes to your Representatives on the Elections Committee are strongly encouraged!

http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=81R&CmteCode=C240



HB 1821 Davis, John - Relating to requiring a voter to be affiliated with a political party to vote in that party's primary election or otherwise participate in that party's affairs.

The simplified explanation for this bill is that in primary elections there have been cases where members of another political party have "jumped" affiliation at the last minute in order to vote for the weaker candidate or one that is closer related views to their own party in order to add additional votes against the candidate, and therefore attempt to defeat him/her in the primary election, that is potentially the stronger candidate with the result of electing out of the Primary the weaker opposing candidate to run against their "home" party in the general election.  The designation of a political party would be visible on the voter registration card. 


HB 4653 Howard, Donna - Relating to certain election practices and procedures relating to the conduct of elections; providing penaltiesTHE "TX HAND-COUNTED PAPER BALLOT BILL OF 2009,"  

http://www.voterescue.org/VRNewsArticles/HB4653Followup1.htm

http://coalition4visibleballots.homestead.com/index.html




Public Safety Committee


HB 823  Turner, Sylvester | Rodriguez | Edwards  - Relating to the authority of a peace officer to take a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.

YES, in Favor:   Restrict a peace officer from taking blood!  Below is the bill analysis by the Texas Legislative Service:


BACKGROUND AND PURPOSE 

Currently in Texas there is an increasing trend of law enforcement agencies implementing "no 

refusal" policies in an effort to increase conviction rates for suspected DWI violations. A "no 

refusal" policy results in an arresting officer obtaining a search warrant to obtain a blood 

specimen when a suspect refuses to give a breath specimen. Often these search warrants contain 

predrafted, boilerplate language so that the officer can obtain a blood specimen as close to the 

time of arrest as possible.  

 

The current law states that only a physician, qualified technician, chemist, registered 

professional nurse, or licensed vocational nurse may take a blood specimen. One method law 

enforcement agencies who have implemented "no refusal" policies have used is taking suspects 

to local hospitals and having nurses draw the blood specimens. Many hospitals have expressed 

concerns with liability, lack of resources, and inappropriate use of emergency room facilities and 

staff, and in some instances have asked the law enforcement agencies to stop bringing suspects 

to their emergency rooms. This has led some law enforcement agencies to train their officers in 

phlebotomy, or the practice of drawing blood. Sometimes all that is needed for such training is a 

20-hour course. Once this training is complete, the agencies are claiming that their officers are 

qualified technicians under the current law.  

 

A law enforcement agency's goal is to protect and serve. This task is often accomplished with 

little resources. Asking officers to draw blood keeps them from performing their primary duties. 

Police officers are not properly trained in medicine even if they complete phlebotomy training. 

This policy undermines public safety, diminishes community trust in law enforcement, and could 

expose police departments to increased liability. 

 

H.B. 823 prohibits a peace officer from taking a blood specimen from a motor vehicle operator 

to test for alcohol concentration or other intoxicating substances regardless of whether the officer 

is a member of the medical profession a chemist, or a qualified technician authorized to take a 

blood specimen in such a situation.


The bill passed out of committee by vote 7-0 and was referred favorably to Calendars Committee!

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