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A BILL TO BE ENTITLED
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AN ACT
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relating to automatic recounts of certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 216.001, Election Code, is amended to |
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read as follows: |
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Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to an election that results in: |
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(1) a tie vote as provided by Sections 2.002(i), |
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2.023(b) and (c), and 2.028; |
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(2) a candidate defeated or eliminated by one-half of |
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one percent or less of the votes cast for that office; or |
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(3) a measure submitted to voters that is approved or |
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defeated by one-half of one percent or less of the votes cast on |
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that measure. |
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SECTION 2. Section 216.004, Election Code, is amended to |
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read as follows: |
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Sec. 216.004. COUNTING PROCEDURES. (a) The method of |
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counting votes in an automatic recount consists of using a |
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generally accepted sampling technique to sample the following for |
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discrepancies: |
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(1) 100 percent of electronic ballots; |
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(2) five percent of early voting ballots voted by |
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mail; |
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(3) five percent of the polling place locations |
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established for early voting; and |
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(4) five percent of the polling place locations |
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established for election day [is the same method of counting used in |
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the election that resulted in the tie vote]. |
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(b) If the authority designated under Section 212.026 |
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determines there are discrepancies of 0.5 percent or greater for |
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any of the four categories based on the statistical sample under |
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Subsection (a), the authority shall order a recount under Section |
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216.003. |
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(c) The secretary of state shall adopt rules and procedures |
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for the implementation of this section. |
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SECTION 3. This Act takes effect September 1, 2023. |