H.B. No. 75
1-1 AN ACT
1-2 relating to certain election processes and procedures; providing
1-3 criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.012, Election Code, is amended by
1-6 adding Subsection (c) to read as follows:
1-7 (c) Except as otherwise provided by this code or the open
1-8 records law, Chapter 424, Acts of the 63rd Legislature, Regular
1-9 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
1-10 all election records are public information.
1-11 SECTION 2. Section 2.025, Election Code, is amended to read
1-12 as follows:
1-13 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as provided by
1-14 Subsection (b), a <A> runoff election shall be held not earlier
1-15 than the 20th <day> or later than the 30th day after the date the
1-16 final canvass of the main election is completed.
1-17 (b) A runoff election may be held after the period
1-18 prescribed by law but not later than the 45th day after the date
1-19 the final canvass of the main election is completed only to:
1-20 (1) permit a joint runoff election to be held with
1-21 another political subdivision in accordance with Chapter 271; or
1-22 (2) avoid holding the runoff on:
1-23 (A) a legal state or national holiday; or
1-24 (B) a weekend day within three days of a legal
2-1 state or national holiday.
2-2 (c) Subsection (b) supersedes a law outside this subchapter
2-3 to the extent of a conflict notwithstanding Section 2.022.
2-4 SECTION 3. Section 18.001(b), Election Code, is amended to
2-5 read as follows:
2-6 (b) On request of the authority responsible for procuring
2-7 election supplies for an election authorized by law to be held in
2-8 the county during the voting year for which the lists are prepared,
2-9 the registrar shall furnish to the authority a list for each county
2-10 election precinct wholly <or partly> in the territory covered by
2-11 the election. On request of the authority for an election in which
2-12 a county election precinct is partly in the political subdivision
2-13 or partly in a territorial unit of the political subdivision from
2-14 which a member of the subdivision's governing body is elected by
2-15 only the voters residing in that unit, the registrar shall furnish
2-16 for each partly included county election precinct a list that
2-17 contains only the names of voters who reside in the political
2-18 subdivision or territorial unit, as applicable. The request for
2-19 restricted lists must be accompanied by a description or map of the
2-20 applicable boundary of the political subdivision or territorial
2-21 unit that is in sufficient detail to enable the registrar to
2-22 prepare the requested lists. The request must be delivered early
2-23 enough to afford the registrar reasonable time to prepare timely
2-24 lists.
2-25 SECTION 4. Subchapter A, Chapter 31, Election Code, is
2-26 amended by adding Section 31.006 to read as follows:
2-27 Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. If,
3-1 after receiving a complaint alleging criminal conduct in connection
3-2 with an election, the secretary of state determines that there is
3-3 reasonable cause to suspect that the alleged criminal conduct
3-4 occurred, the secretary shall promptly refer the complaint to the
3-5 attorney general. The secretary shall deliver to the attorney
3-6 general all pertinent documents in the secretary's possession.
3-7 SECTION 5. Section 31.122, Election Code, is amended to read
3-8 as follows:
3-9 Sec. 31.122. Office Hours of Election Authority During
3-10 Election Period. Except as provided by Section 31.123, each county
3-11 clerk, city secretary, or secretary of the governing body of a
3-12 political subdivision other than a county or city or the authority
3-13 performing the duties of a secretary under this code shall keep
3-14 that officer's <his> office open for election duties for at least
3-15 three hours each day, during regular office hours, on regular
3-16 business days during the period:
3-17 (1) beginning not later than the 50th <40th> day
3-18 before the date of each general election of the political
3-19 subdivision or the third day after the date a special election is
3-20 ordered by an authority of the political subdivision; and
3-21 (2) ending not earlier than the 40th day after
3-22 election day.
3-23 SECTION 6. Subchapter C, Chapter 32, Election Code, is
3-24 amended by adding Section 32.0551 to read as follows:
3-25 Sec. 32.0551. INELIGIBILITY OF CAMPAIGN MANAGER. (a) A
3-26 person is ineligible to serve as an election judge or clerk in an
3-27 election if the person is a campaign manager of a candidate in that
4-1 election.
4-2 (b) In this section:
4-3 (1) "Campaign manager" means:
4-4 (A) the person who directs, with or without
4-5 compensation, the day-to-day operations of a candidate's election
4-6 campaign; or
4-7 (B) each person who directs, with or without
4-8 compensation, a substantial portion of the day-to-day operations of
4-9 a candidate's election campaign if no single person performs that
4-10 function.
4-11 (2) "Candidate" means a person who has taken
4-12 affirmative action, as described by the law regulating political
4-13 funds and campaigns, for the purpose of gaining nomination or
4-14 election.
4-15 SECTION 7. Section 32.091(a), Election Code, is amended to
4-16 read as follows:
4-17 (a) An election judge or clerk is entitled to compensation
4-18 for services rendered at a precinct polling place at an hourly rate
4-19 not to exceed $6 <$5>.
4-20 SECTION 8. Section 33.006(b), Election Code, is amended to
4-21 read as follows:
4-22 (b) A certificate of appointment must:
4-23 (1) be in writing and signed by the appointing
4-24 authority or, for an appointment for a write-in candidate, by each
4-25 of the voters making the appointment;
4-26 (2) indicate the capacity in which the appointing
4-27 authority is acting;
5-1 (3) state the name, residence address, and voter
5-2 registration number of the appointee and be signed by the
5-3 appointee;
5-4 (4) identify the election and the precinct polling
5-5 place or other location at which the appointee is to serve; <and>
5-6 (5) in an election on a measure, identify the measure
5-7 if more than one is to be voted on and state which side of the
5-8 measure the appointee represents; and
5-9 (6) contain an affidavit executed by the appointee
5-10 stating that the appointee will not have possession of any
5-11 mechanical or electronic means of recording images or sound while
5-12 serving as a watcher.
5-13 SECTION 9. Section 33.051, Election Code, is amended by
5-14 amending Subsections (b), (c), and (d) to read as follows:
5-15 (b) The officer presented with a watcher's certificate of
5-16 appointment shall require the watcher to countersign the
5-17 certificate to ensure that the watcher is the same person who
5-18 signed the certificate. Except as provided by Subsection (c), a
5-19 <A> watcher who presents himself at the proper time with a
5-20 certificate of appointment shall be accepted for service unless the
5-21 person is ineligible to serve or the number of appointees to which
5-22 the appointing authority is entitled have already been accepted.
5-23 (c) A watcher may not be accepted for service if the watcher
5-24 has possession of any mechanical or electronic means of recording
5-25 images or sound. The presiding judge may inquire whether a watcher
5-26 has possession of any prohibited recording device before accepting
5-27 the watcher for service.
6-1 (d) The certificate of a watcher serving at an early voting
6-2 polling place shall be retained at the polling place until voting
6-3 at the polling place is concluded. At each subsequent time that
6-4 the watcher reports for service, he shall inform the clerk or
6-5 deputy in charge. The officer may require the watcher to sign his
6-6 name in the officer's presence, for comparison with the signature
6-7 on the certificate, if the officer is uncertain of the watcher's
6-8 identity.
6-9 (e) <(d)> If a watcher is not accepted for service, the
6-10 certificate of appointment shall be returned to the watcher with a
6-11 signed statement of the reason for the rejection.
6-12 SECTION 10. Section 34.001(c), Election Code, is amended to
6-13 read as follows:
6-14 (c) A request under Subsection (b) must be received by the
6-15 secretary of state not later than the fourth regular business
6-16 <fifth> day before the date of the election for which the
6-17 inspectors are requested.
6-18 SECTION 11. Subchapter A, Chapter 41, Election Code, is
6-19 amended by adding Section 41.0052 to read as follows:
6-20 Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) The
6-21 governing body of a political subdivision other than a county may,
6-22 not later than December 31, 1993, change the date on which it holds
6-23 its general election for officers to another authorized uniform
6-24 election date. An election on the new date may not be held before
6-25 1994.
6-26 (b) A governing body changing an election date under this
6-27 section shall adjust the terms of office to conform to the new
7-1 election date.
7-2 SECTION 12. Section 43.033(a), Election Code, is amended to
7-3 read as follows:
7-4 (a) No charge, including a charge for personnel, utilities,
7-5 or other expenses incurred before or after regular business hours,
7-6 may be made for the use of a public building for a polling place if
7-7 the day of the election is a day on which the building is normally
7-8 open for business. If the day of the election is a day on which
7-9 the building is not normally open for business, a charge may be
7-10 made only for reimbursement for the actual expenses resulting from
7-11 use of the building in the election.
7-12 SECTION 13. Section 52.0064, Election Code, is amended by
7-13 adding Subsection (d) to read as follows:
7-14 (d) The authority responsible for having the official ballot
7-15 prepared shall prepare a record of the incorrect ballots that are
7-16 destroyed. The authority shall preserve the record for the period
7-17 for preserving the precinct election records.
7-18 SECTION 14. Section 63.009, Election Code, is amended to
7-19 read as follows:
7-20 Sec. 63.009. Voter Without Certificate Who is Not on List.
7-21 (a) A voter who does not present a voter registration certificate
7-22 when offering to vote, and whose name is not on the list of
7-23 registered voters for the precinct in which the voter <he> is
7-24 offering to vote, shall <may> be accepted for voting if:
7-25 (1) an election officer can determine from the voter
7-26 registrar that the person is a registered voter of the county,<;>
7-27 and
8-1 <(2)> the voter executes the affidavits required by
8-2 Sections 63.007 and 63.008; or
8-3 (2) the voter executes an affidavit in accordance with
8-4 Section 63.010.
8-5 (b) After the voter is accepted under Subsection (a)(1), an
8-6 election officer shall indicate beside the voter's name on the poll
8-7 list that the voter was accepted under this section.
8-8 SECTION 15. Sections 63.010(a) and (d), Election Code, are
8-9 amended to read as follows:
8-10 (a) The eligibility of a person offering to vote may be
8-11 challenged by an election officer, watcher, or any other person
8-12 lawfully in the polling place. An election officer may not refuse
8-13 to accept a voter without informing the voter of the voter's right
8-14 to vote under the challenge procedure prescribed by this section.
8-15 (d) The presiding judge shall inform a voter of a challenge
8-16 and of the issues raised by the challenge. The presiding judge may
8-17 request a voter to present proof of identification, if available.
8-18 A voter's failure to present proof of identification does not
8-19 affect the voter's right to vote under this section.
8-20 SECTION 16. Subsection (b), Section 64.002, Election Code,
8-21 is amended to read as follows:
8-22 (b) A child under 18 <10> years of age may accompany his
8-23 parent to a voting station.
8-24 SECTION 17. Section 65.007, Election Code, is amended by
8-25 amending Subsection (b) and adding Subsection (d) to read as
8-26 follows:
8-27 (b) Except as provided by Subsection (c) or (d), each
9-1 straight-party vote shall be tallied for the party receiving the
9-2 vote instead of being tallied for the individual candidates of the
9-3 party. The total number of straight-party votes tallied for each
9-4 party shall be added to the total votes received for each of the
9-5 party nominees individually.
9-6 (d) If a ballot indicates straight-party votes for more than
9-7 one party, those votes may not be tallied and a vote shall be
9-8 counted for each candidate receiving an individual vote if no other
9-9 individual votes are received in that race. If no candidate
9-10 receives an individual vote, the portion of the ballot for offices
9-11 may not be counted.
9-12 SECTION 18. Section 65.010(a), Election Code, is amended to
9-13 read as follows:
9-14 (a) The following ballots may not be counted:
9-15 (1) a ballot that is not provided to the voter at the
9-16 polling place; <or>
9-17 (2) two or more ballots that are folded together in a
9-18 manner indicating that they were folded together when deposited in
9-19 the ballot box;
9-20 (3) a write-in envelope containing a write-in vote
9-21 without an attached ballot; or
9-22 (4) a ballot that has not been deposited in the ballot
9-23 box used for the deposit of marked ballots.
9-24 SECTION 19. Section 65.011, Election Code, is amended to
9-25 read as follows:
9-26 Sec. 65.011. OVERVOTING. Except as provided by Section
9-27 65.007(c) or (d), if a voter marks the ballot for more candidates
10-1 for an office than the number of persons to be elected for that
10-2 office, none of the votes may be counted for that office.
10-3 SECTION 20. Section 66.026, Election Code, is amended to
10-4 read as follows:
10-5 Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
10-6 must contain:
10-7 (1) the original of the ballot register;
10-8 (2) the register of spoiled ballots;
10-9 (3) any spoiled ballots;
10-10 (4) any defectively printed ballots; <and>
10-11 (5) any envelope containing cancellation requests and
10-12 canceled ballots; and
10-13 (6) <(5)> any other unused ballots.
10-14 SECTION 21. Section 66.051(d), Election Code, is amended to
10-15 read as follows:
10-16 (d) The presiding judge shall deliver envelope no. 4 in
10-17 person to the voter registrar. If the voter registrar is
10-18 unavailable, the envelope shall be delivered to the general
10-19 custodian of election records, who shall deliver it to the voter
10-20 registrar on the next regular business day.
10-21 SECTION 22. Section 67.003, Election Code, is amended to
10-22 read as follows:
10-23 Sec. 67.003. TIME FOR LOCAL CANVASS. <(a)> Each local
10-24 canvassing authority shall convene to conduct the local canvass not
10-25 earlier than the second day or later than the sixth day after
10-26 election day at the time set by the canvassing authority's
10-27 presiding officer.
11-1 <(b) This section does not apply to a local option election
11-2 under the Alcoholic Beverage Code.>
11-3 SECTION 23. Section 67.004(a), Election Code, is amended to
11-4 read as follows:
11-5 (a) At the time set for convening the canvassing authority
11-6 for the local canvass, the presiding officer of the canvassing
11-7 authority shall deliver the sealed precinct returns to the
11-8 authority. The authority shall open the returns for each precinct
11-9 and canvass them as provided by this section. Two members of the
11-10 authority constitute a quorum for purposes of canvassing an
11-11 election.
11-12 SECTION 24. Section 67.011(b), Election Code, is amended to
11-13 read as follows:
11-14 (b) If a county's election returns are incomplete or
11-15 missing, the legislature may substitute the secretary of state's
11-16 tabulation for that county or may obtain the necessary information
11-17 from the county. On request of the legislature, the secretary of
11-18 state or the county shall promptly transmit the information to the
11-19 legislature by the most expeditious means available.
11-20 (c) On completion of the canvass, the speaker of the house
11-21 of representatives shall deliver the county returns to the
11-22 secretary of state, who shall retain them for the period for
11-23 preserving the precinct election records.
11-24 SECTION 25. Section 67.012, Election Code, is amended to
11-25 read as follows:
11-26 Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The
11-27 governor shall conduct the state canvass not earlier than the 15th
12-1 or later than the 30th day after election day at the time set by
12-2 the secretary of state.
12-3 (b) The secretary of state shall post, on the bulletin board
12-4 used for posting notice of meetings of state governmental bodies, a
12-5 notice of the date, hour, and place of the canvass at least 72
12-6 hours before the canvass is conducted.
12-7 SECTION 26. Section 84.007(b), Election Code, is amended to
12-8 read as follows:
12-9 (b) An application must be submitted to the early voting
12-10 clerk by:
12-11 (1) mail;
12-12 (2) common or contract carrier; or
12-13 (3) telephonic facsimile machine, if the applicant is
12-14 absent from the county and if a machine is available in the clerk's
12-15 office.
12-16 SECTION 27. Sections 84.032, 84.033, and 84.034, Election
12-17 Code, are amended to read as follows:
12-18 Sec. 84.032. Request for Cancellation. (a) A person
12-19 desiring to cancel the person's <his> application for a ballot to
12-20 be voted by mail must submit a request for the cancellation to an
12-21 election officer as provided by this section <the early voting
12-22 clerk>.
12-23 (b) A request must:
12-24 (1) be in writing and signed by the applicant;
12-25 (2) specify the election for which the application was
12-26 made; and
12-27 (3) except as provided by Subsection (c) or (d), be
13-1 received by the early voting clerk:
13-2 (A) not later than the third day before election
13-3 day; and
13-4 (B) if an early voting ballot sent to the
13-5 applicant is returned to the clerk as a marked ballot, before the
13-6 marked ballot's arrival at the address on the carrier envelope.
13-7 (c) An applicant may submit a request after the close of
13-8 early voting by personal appearance by appearing in person and:
13-9 (1) returning the ballot to be voted by mail to the
13-10 early voting clerk; or
13-11 (2) executing an affidavit that the applicant has not
13-12 received the ballot to be voted by mail.
13-13 (d) An applicant may also submit a request on election day
13-14 by appearing in person at the applicant's precinct polling place
13-15 and returning the ballot to be voted by mail to the presiding
13-16 election judge.
13-17 Sec. 84.033. ACTION ON REQUEST <BY CLERK>. (a) The
13-18 election officer <early voting clerk> shall review each
13-19 cancellation request to determine whether it complies with Section
13-20 84.032.
13-21 (b) If the request complies, the early voting clerk shall
13-22 cancel the application and enter on the application "canceled" and
13-23 the date of cancellation.
13-24 (c) If the request complies, the presiding election judge
13-25 shall enter on the returned ballot "canceled," place it and the
13-26 request in an envelope, and deposit the envelope in ballot box no.
13-27 4. The applicant's application is considered to be canceled.
14-1 (d) If the request does not comply, the election officer
14-2 <clerk> shall deny the request and enter on the request "denied"
14-3 and the date of and reason for the denial. The presiding election
14-4 judge shall place the request in an envelope and deposit the
14-5 envelope in ballot box no. 4.
14-6 Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a
14-7 cancellation request, the election officer <early voting clerk>
14-8 shall notify the applicant of the denial. The notice must state
14-9 the reason for the denial.
14-10 SECTION 28. Section 88.004, Election Code, is amended to
14-11 read as follows:
14-12 Sec. 88.004. Notice of Outcome to Voter. (a) If as a
14-13 result of a challenge under this chapter a ballot is not accepted,
14-14 the presiding judge of the early voting ballot board <early voting
14-15 clerk> shall deliver written notice of the result of the challenge,
14-16 including the reason for the result, to the challenged voter.
14-17 (b) If the notice is delivered by mail, it shall be sent to
14-18 the voter's residence address.
14-19 (c) The notice shall be delivered not later than the 10th
14-20 <third> day after election day <the date the challenge is
14-21 determined>.
14-22 SECTION 29. Section 103.001(a), Election Code, is amended to
14-23 read as follows:
14-24 (a) A qualified voter is eligible to vote a late ballot as
14-25 provided by this chapter if:
14-26 (1) the voter will be absent from the county of
14-27 residence on election day because of the death of a person related
15-1 to the voter within the second <first> degree by consanguinity or
15-2 affinity, as determined under Article 5996h, Revised Statutes; and
15-3 (2) the death occurs on or after the day before the
15-4 last day of the period for early voting by personal appearance.
15-5 SECTION 30. Section 122.001(b), Election Code, is amended to
15-6 read as follows:
15-7 (b) A voting system may not be used in an election in which
15-8 straight-party voting is permitted unless the system permits or
15-9 prevents, as applicable, counting votes in accordance with Sections
15-10 <Section> 65.007(c) and (d).
15-11 SECTION 31. Subchapter A, Chapter 122, Election Code, is
15-12 amended by adding Section 122.005 to read as follows:
15-13 Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of
15-14 an offense under this chapter is in the county in which the offense
15-15 was committed.
15-16 SECTION 32. Section 122.031, Election Code, is amended by
15-17 adding Subsections (c) and (d) to read as follows:
15-18 (c) A person commits an offense if the person executes a
15-19 contract to sell, lease, or otherwise provide a voting system or
15-20 voting system equipment that the person knows has not been
15-21 approved. An offense under this subsection is a Class A
15-22 misdemeanor.
15-23 (d) This section does not prohibit a person from exhibiting
15-24 a voting system or unit of voting system equipment that has not
15-25 been approved.
15-26 SECTION 33. Section 122.034(c), Election Code, is amended to
15-27 read as follows:
16-1 (c) The secretary of state shall prescribe fees for the
16-2 submission of applications under this section in amounts reasonably
16-3 necessary to administer this subchapter and compensate examiners
16-4 appointed by the secretary.
16-5 SECTION 34. Section 122.035, Election Code, is amended to
16-6 read as follows:
16-7 Sec. 122.035. Appointment of Examiners. (a) On submission
16-8 of an application for approval of a voting system or voting system
16-9 equipment, the secretary of state shall appoint four <three>
16-10 persons as examiners, one of whom must be a full-time employee of
16-11 the secretary. The attorney general <or the general's designee>
16-12 shall appoint two persons as examiners, one of whom must be a
16-13 full-time employee of the general <also serve as an examiner>.
16-14 (b) Two of the secretary of state's appointees must have
16-15 demonstrated ability and experience in mechanics or electronics
16-16 appropriate to the system or equipment to be examined, and two of
16-17 the secretary's appointees <one appointee> must have demonstrated
16-18 knowledge of and experience in election law and procedure.
16-19 (c) Only one <A> person employed by the secretary of state
16-20 may be appointed <is ineligible for appointment>.
16-21 (d) A person who has a pecuniary interest in the
16-22 manufacturing or marketing of any part of a voting system or voting
16-23 system equipment is ineligible for appointment.
16-24 SECTION 35. Section 122.037, Election Code, is amended to
16-25 read as follows:
16-26 Sec. 122.037. COMPENSATION OF EXAMINERS. (a) Each examiner
16-27 appointed under this subchapter, other than an employee of the
17-1 secretary of state or attorney general, <by the secretary of state>
17-2 is entitled to compensation <in an amount set by the secretary of
17-3 state> for services rendered in connection with an application.
17-4 (b) The secretary of state shall set the amount of
17-5 compensation for examiners appointed by the secretary and shall use
17-6 the application fees collected under Section 122.034 to pay the
17-7 compensation <to examiners>.
17-8 (c) The attorney general shall set the amount of
17-9 compensation for an examiner appointed by the general and shall pay
17-10 the compensation from funds available to the general.
17-11 SECTION 36. Section 122.066(a), Election Code, is amended to
17-12 read as follows:
17-13 (a) The secretary of state shall prescribe an examination
17-14 fee or fee schedule to compensate examiners appointed by the
17-15 secretary under this subchapter.
17-16 SECTION 37. Section 122.067, Election Code, is amended to
17-17 read as follows:
17-18 Sec. 122.067. APPOINTMENT OF EXAMINERS. (a) If the
17-19 secretary of state requires an independent examination of the
17-20 modified system or equipment, the secretary shall appoint four
17-21 persons as <two or three> examiners, one of whom must be a
17-22 full-time employee of the secretary <for the examination, the
17-23 number to be determined by the secretary>. The attorney general
17-24 <or the general's designee> shall appoint two persons as examiners,
17-25 one of whom must be a full-time employee of the general <also serve
17-26 as an examiner>.
17-27 (b) To be eligible for appointment as an examiner under this
18-1 section, a person must be eligible for appointment as an examiner
18-2 for an application for initial approval of a system or equipment.
18-3 Only one employee of the secretary of state may be appointed.
18-4 (c) Two <One> of the secretary of state's appointees must
18-5 have demonstrated ability and experience in mechanics or
18-6 electronics appropriate to the system or equipment to be examined.
18-7 SECTION 38. Section 122.069, Election Code, is amended to
18-8 read as follows:
18-9 Sec. 122.069. COMPENSATION OF EXAMINERS. (a) Subject to
18-10 Subsections (b) and (c), an examiner appointed by the secretary of
18-11 state under this subchapter, other than the secretary's employee,
18-12 is entitled to compensation in an amount set by the secretary.
18-13 (b) The compensation rate for each examiner appointed by the
18-14 secretary of state for the same examination must be uniform.
18-15 (c) The total compensation paid to the examiners appointed
18-16 by the secretary of state for the same examination may not exceed
18-17 the examination fee.
18-18 (d) The secretary of state shall use the examination fees
18-19 collected under Section 122.066 to pay the compensation to
18-20 examiners appointed by the secretary.
18-21 (e) An examiner appointed by the attorney general under this
18-22 subchapter, other than an employee of the general, is entitled to
18-23 compensation in an amount set by the general. The attorney general
18-24 shall pay the compensation from funds available to the general.
18-25 SECTION 39. Section 122.091(c), Election Code, is amended to
18-26 read as follows:
18-27 (c) The secretary of state may prescribe fees in amounts
19-1 reasonably necessary to administer this subchapter and compensate
19-2 examiners appointed by the secretary.
19-3 SECTION 40. Subchapter D, Chapter 122, Election Code, is
19-4 amended by adding Section 122.0911 to read as follows:
19-5 Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE.
19-6 (a) If the secretary of state determines that the assistance of a
19-7 particular person is necessary for the proper and efficient
19-8 reexamination of a voting system or voting system equipment under
19-9 this subchapter, the secretary may require that person to provide
19-10 the necessary assistance as provided by this section.
19-11 (b) The secretary of state shall deliver written notice to a
19-12 person whose assistance is required not later than 72 hours before
19-13 the date the reexamination is scheduled to occur. The notice must
19-14 state:
19-15 (1) that the person is required to provide assistance
19-16 under Section 122.0911, Election Code;
19-17 (2) the nature of the assistance that is required; and
19-18 (3) the date, hour, and place of the reexamination.
19-19 (c) A person who, after proper notice, fails to provide the
19-20 assistance required by the secretary of state is civilly liable to
19-21 the state for $100 for each day that the person fails to comply.
19-22 The secretary of state shall notify the attorney general to
19-23 initiate suit to recover the penalty.
19-24 SECTION 41. Section 122.092, Election Code, is amended to
19-25 read as follows:
19-26 Sec. 122.092. APPOINTMENT OF EXAMINERS. (a) The secretary
19-27 of state shall appoint four <two> persons as examiners, one of whom
20-1 must be a full-time employee of the secretary, to assist in a
20-2 reexamination of an approved voting system or voting system
20-3 equipment. The attorney general <or the general's designee> shall
20-4 appoint two persons as examiners, one of whom must be a full-time
20-5 employee of the general <also serve as an examiner>.
20-6 (b) Two of the secretary of state's appointees <Each
20-7 appointee> must have demonstrated knowledge of and experience in
20-8 the operation of the system or equipment.
20-9 (c) Only one <A> person employed by the secretary of state
20-10 may be appointed <is ineligible for appointment>.
20-11 (d) A person who has a pecuniary interest in the
20-12 manufacturing or marketing of any part of a voting system or voting
20-13 system equipment is ineligible for appointment.
20-14 SECTION 42. Section 122.094, Election Code, is amended to
20-15 read as follows:
20-16 Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
20-17 appointed under this subchapter, other than an employee of <by> the
20-18 secretary of state or attorney general, is entitled to compensation
20-19 for services rendered in connection with a reexamination <in an
20-20 amount set by the secretary>.
20-21 (b) The secretary of state shall set the amount of
20-22 compensation for examiners appointed by the secretary and shall use
20-23 the fees collected under Section 122.091 to pay the compensation
20-24 <to examiners>.
20-25 (c) The attorney general shall set the amount of
20-26 compensation for an examiner appointed by the general and shall pay
20-27 the compensation from funds available to the general.
21-1 SECTION 43. Section 123.031(a), Election Code, is amended to
21-2 read as follows:
21-3 (a) A county may contract to acquire the equipment necessary
21-4 for operating a voting system by purchase, lease, or other means.
21-5 SECTION 44. Sections 123.032(a) and (b), Election Code, are
21-6 amended to read as follows:
21-7 (a) A political subdivision other than a county may contract
21-8 to acquire the equipment necessary for operating a voting system as
21-9 provided by this section.
21-10 (b) A political subdivision may <contract to> lease the
21-11 equipment from a county in which the political subdivision is
21-12 wholly or partly situated. If the desired equipment is not
21-13 available from the county, the political subdivision may acquire it
21-14 by purchase, lease, or other means from any other source.
21-15 SECTION 45. Subchapter B, Chapter 123, Election Code, is
21-16 amended by adding Sections 123.035 and 123.036 to read as follows:
21-17 Sec. 123.035. VOTING SYSTEM EQUIPMENT CONTRACT. (a) A
21-18 contract for the acquisition of voting system equipment under this
21-19 subchapter must be in writing and incorporate before execution:
21-20 (1) a letter from the secretary of state stating that
21-21 the voting system and voting system equipment being acquired
21-22 satisfy the applicable requirements for approval; and
21-23 (2) a certified copy of the written order issued by
21-24 the secretary under Section 122.038 or 122.070 approving the voting
21-25 system and voting system equipment for use in elections and, if
21-26 applicable, of the written order issued under Section 122.095
21-27 granting conditional approval of the system or equipment.
22-1 (b) A contract that does not comply with Subsection (a) is
22-2 void. The contract may not be ratified by either party and a
22-3 payment may not be made relating to the contract.
22-4 (c) A person commits an offense if the person executes a
22-5 voting system equipment contract that does not comply with
22-6 Subsection (a). An offense under this subsection is a Class B
22-7 misdemeanor.
22-8 Sec. 123.036. VENUE FOR OFFENSES. Venue for prosecution of
22-9 an offense under this chapter is in the county in which the offense
22-10 was committed.
22-11 SECTION 46. Chapter 123, Election Code, is amended by adding
22-12 Subchapter C to read as follows:
22-13 SUBCHAPTER C. ANNUAL VOTING SYSTEM REPORT
22-14 Sec. 123.061. ANNUAL REPORT REQUIRED. (a) Each authority
22-15 adopting a voting system for use in its elections shall file an
22-16 annual report as provided by this subchapter.
22-17 (b) The report must be filed with the secretary of state in
22-18 the form prescribed by the secretary.
22-19 Sec. 123.062. FILING PERIOD. The report must be filed on or
22-20 after July 1 and before July 15.
22-21 Sec. 123.063. CONTENTS OF REPORT. The report must contain:
22-22 (1) a description of the voting system currently used
22-23 by the authority;
22-24 (2) a copy of the written order issued by the
22-25 secretary of state under Section 122.038 or 122.070 approving the
22-26 voting system and voting system equipment for use in elections and,
22-27 if applicable, of the written order issued under Section 122.095
23-1 granting conditional approval of the system or equipment; and
23-2 (3) a statement that the voting system currently used
23-3 by the authority has not been modified since the date of filing of
23-4 the authority's previous report, or if modified, that approval of
23-5 the modified design has been sought under Subchapter C, Chapter
23-6 122.
23-7 Sec. 123.064. REVIEW OF REPORT. (a) The secretary of state
23-8 shall review each report filed under this subchapter not later than
23-9 the 30th day after the date of the filing deadline for the report.
23-10 (b) The secretary of state shall deliver a written
23-11 delinquency notice to each authority that filed a report covering
23-12 the previous reporting period but that fails to file a report
23-13 covering the current reporting period.
23-14 (c) The secretary of state may deliver to the attorney
23-15 general the name of each authority that fails to file a report
23-16 covering the current reporting period within 30 days after the date
23-17 of receipt of a delinquency notice.
23-18 Sec. 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney
23-19 general may seek a writ of mandamus to compel the filing of a
23-20 report by each authority that fails to comply with this subchapter.
23-21 Sec. 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
23-22 OF STATE. The secretary of state may prescribe any procedures
23-23 necessary to implement this subchapter.
23-24 SECTION 47. Section 124.063, Election Code, is amended by
23-25 adding a new Subsection (d) and by relettering the subsequent
23-26 subsections to read as follows:
23-27 (d) An electronic system ballot on which a voter indicates a
24-1 vote by punching a hole in the ballot must contain the following
24-2 instruction following the other required instructions: "Check your
24-3 ballot after voting to make sure that the holes are actually
24-4 punched through."
24-5 (e) <(d)> The electronic system ballot must contain
24-6 instructions for casting a write-in vote. The secretary of state
24-7 shall prescribe the wording of the instructions.
24-8 (f) <(e)> The electronic system ballot for an election in
24-9 which straight-party voting is allowed must contain the instruction
24-10 prescribed by Section 52.071(b) with the language relating to
24-11 placing an "X" in the party square changed as appropriate to
24-12 accommodate the method by which the voter indicates a vote.
24-13 (g) <(f)> The instructions required by this section may be
24-14 placed on the punch-card ballot label instead of on the punch-card
24-15 ballot.
24-16 SECTION 48. Section 127.002(d), Election Code, is amended to
24-17 read as follows:
24-18 (d) The general custodian of election records is eligible
24-19 for appointment notwithstanding the custodian's status as a
24-20 candidate or officeholder.
24-21 SECTION 49. Section 127.005(b), Election Code, is amended to
24-22 read as follows:
24-23 (b) Except as otherwise provided by this section, the
24-24 eligibility requirements prescribed by this code for precinct
24-25 presiding judges apply to a presiding judge of a central counting
24-26 station. To be eligible to serve as a judge under this section, a
24-27 person must be a qualified voter of the political subdivision
25-1 served by the authority adopting the voting system. The general
25-2 custodian of election records and employees of the custodian are
25-3 eligible to serve as a judge under this section notwithstanding the
25-4 custodian's status as a candidate or officeholder.
25-5 SECTION 50. Section 127.096(a), Election Code, is amended to
25-6 read as follows:
25-7 (a) The custodian of the automatic tabulating equipment
25-8 <presiding judge of the central counting station> shall publish
25-9 notice of the date, hour, <time> and place of the test conducted
25-10 under Section 127.093(b) in a newspaper, as provided by general law
25-11 for official publications by political subdivisions, at least 48
25-12 hours before the date of the test.
25-13 SECTION 51. Sections 127.126(d) and (e), Election Code, are
25-14 amended to read as follows:
25-15 (d) A procedure other than duplication may not be used to
25-16 process a ballot subject to this section unless the procedure is
25-17 expressly authorized by the secretary of state.
25-18 (e) Each duplicate ballot must be clearly labeled
25-19 "Duplicate" and must bear the serial number of the original ballot.
25-20 (f) <(e)> The duplicate shall be substituted for the
25-21 original ballot in the ballots prepared for automatic counting.
25-22 The original shall be preserved with the other voted ballots for
25-23 the same period.
25-24 SECTION 52. Section 127.130, Election Code, is amended by
25-25 adding Subsections (d) and (e) to read as follows:
25-26 (d) Subject to Subsection (e), in any manual count conducted
25-27 under this code, a vote on a ballot on which a voter indicates a
26-1 vote by punching a hole in the ballot may not be counted unless:
26-2 (1) at least two corners of the chad are detached;
26-3 (2) light is visible through the hole;
26-4 (3) an indentation on the chad from the stylus or
26-5 other object is present and indicates a clearly ascertainable
26-6 intent of the voter to vote; or
26-7 (4) the chad reflects by other means a clearly
26-8 ascertainable intent of the voter to vote.
26-9 (e) Subsection (d) does not supersede any clearly
26-10 ascertainable intent of the voter.
26-11 SECTION 53. Section 127.201, Election Code, is amended to
26-12 read as follows:
26-13 Sec. 127.201. Partial Count of Electronic Voting System
26-14 Ballots by General Custodian. (a) To ensure the accuracy of the
26-15 tabulation of electronic voting system results, the general
26-16 custodian of election records shall conduct a manual count of all
26-17 the races in at least one percent of the election precincts or in
26-18 three precincts, whichever is greater, in which the electronic
26-19 voting system was used. Except as provided by Subsection (b), the
26-20 <The> custodian shall select the precincts at random and shall
26-21 begin the count not later than 72 hours after the polls close.
26-22 (b) In a general election for state and county officers,
26-23 primary election, or election on a proposed amendment to the state
26-24 constitution or other statewide measure submitted by the
26-25 legislature, the secretary of state shall select, in accordance
26-26 with rules adopted by the secretary, the precincts to be counted
26-27 under Subsection (a). The secretary shall notify the general
27-1 custodian of election records of the precincts selected under this
27-2 subsection not earlier than the day after election day.
27-3 (c) <(b)> Each candidate in the election is entitled to be
27-4 present at the count and is entitled to have a representative
27-5 present.
27-6 (d) <(c)> Not later than the third day after the date the
27-7 count is completed, the general custodian of election records shall
27-8 deliver a written report of the results of the count to the
27-9 secretary of state.
27-10 (e) <(d)> The secretary of state at any time may waive or
27-11 reinstate the requirements of this section for a particular
27-12 political subdivision.
27-13 SECTION 54. Section 141.032, Election Code, is amended by
27-14 adding Subsection (f) to read as follows:
27-15 (f) This section does not apply to a determination of a
27-16 candidate's eligibility.
27-17 SECTION 55. Section 141.034, Election Code, is amended to
27-18 read as follows:
27-19 Sec. 141.034. LIMITATION ON CHALLENGE OF APPLICATION.
27-20 (a) An application for a place on the ballot may not be challenged
27-21 for compliance with the applicable requirements as to form,
27-22 content, and procedure after the day before the beginning of early
27-23 voting by personal appearance for the election for which the
27-24 application is made.
27-25 (b) This section does not apply to a determination of a
27-26 candidate's eligibility.
27-27 SECTION 56. Section 145.003, Election Code, is amended to
28-1 read as follows:
28-2 Sec. 145.003. Administrative Declaration of Ineligibility.
28-3 (a) Except for a judicial action in which a candidate's
28-4 eligibility is in issue, a candidate may be declared ineligible
28-5 only as provided by this section.
28-6 (b) A candidate in the general election for state and county
28-7 officers may be declared ineligible before the 30th day preceding
28-8 election day by:
28-9 (1) the party officer responsible for certifying the
28-10 candidate's name for placement on the general election ballot, in
28-11 the case of a candidate who is a political party's nominee; or
28-12 (2) the authority with whom the candidate's
28-13 application for a place on the ballot is required to be filed, in
28-14 the case of an independent candidate.
28-15 (c) A candidate in an election other than the general
28-16 election for state and county officers may be declared ineligible
28-17 before the beginning of early voting by personal appearance by the
28-18 authority with whom an application for a place on the ballot for
28-19 the office sought by the candidate is required to be filed.
28-20 (d) The presiding officer of the final canvassing authority
28-21 for the office sought by a candidate may declare the candidate
28-22 ineligible after the polls close on election day and, except as
28-23 provided by Subsection (e), before a certificate of election is
28-24 issued.
28-25 (e) In the case of a candidate for governor or lieutenant
28-26 governor, a declaration of ineligibility by the final canvassing
28-27 authority's presiding officer may not be made after the final
29-1 canvass for that office is completed.
29-2 (f) A candidate may be declared ineligible only if:
29-3 (1) the information on the candidate's application for
29-4 a place on the ballot indicates that the candidate is ineligible
29-5 for the office; or
29-6 (2) facts indicating that the candidate is ineligible
29-7 are conclusively established by another public record.
29-8 (g) When presented with an application for a place on the
29-9 ballot or another public record containing information pertinent to
29-10 a candidate's eligibility, the appropriate authority shall promptly
29-11 review the record. If the authority determines that the record
29-12 establishes ineligibility as provided by Subsection (f), the
29-13 authority shall declare the candidate ineligible.
29-14 (h) <(g)> If a candidate is declared ineligible after the
29-15 deadline for omitting an ineligible candidate's name from the
29-16 ballot, the authority making the declaration shall promptly certify
29-17 in writing the declaration of ineligibility to the canvassing
29-18 authority for the election.
29-19 (i) <(h)> If a candidate is declared ineligible, the
29-20 authority making the declaration shall promptly give written notice
29-21 of the declaration of ineligibility to the candidate.
29-22 SECTION 57. Subchapter A, Chapter 145, Election Code, is
29-23 amended by adding Section 145.006 to read as follows:
29-24 Sec. 145.006. INELIGIBILITY DEADLINE EXTENDED BY WEEKEND OR
29-25 HOLIDAY. Section 1.006 applies to the last day on which a
29-26 candidate may be declared ineligible to cause the candidate's name
29-27 to be omitted from the ballot.
30-1 SECTION 58. Section 146.023(c), Election Code, is amended to
30-2 read as follows:
30-3 (c) A candidate may not file a declaration of write-in
30-4 candidacy for more than one office. If a person files more than
30-5 one declaration of write-in candidacy in violation of this
30-6 subsection, each declaration filed subsequent to the first one
30-7 filed is invalid.
30-8 (d) A declaration of write-in candidacy is public
30-9 information immediately on its filing.
30-10 SECTION 59. Section 146.025, Election Code, is amended to
30-11 read as follows:
30-12 Sec. 146.025. FILING PERIOD <DEADLINE>. (a) A declaration
30-13 of write-in candidacy must be filed not later than 5 p.m. of the
30-14 60th day before general election day, except as otherwise provided
30-15 by this code. A declaration may not be filed earlier than the 30th
30-16 day before the date of the regular filing deadline.
30-17 (b) If a candidate whose name is to appear on the general
30-18 election ballot dies or is declared ineligible after the third day
30-19 before the date of the filing deadline prescribed by Subsection
30-20 (a), a declaration of write-in candidacy for the office sought by
30-21 the deceased or ineligible candidate may be filed not later than 5
30-22 p.m. of the 57th day before election day.
30-23 (c) A declaration of write-in candidacy filed by mail is
30-24 considered to be filed at the time of its receipt by the
30-25 appropriate authority.
30-26 SECTION 60. Section 146.030, Election Code, is amended to
30-27 read as follows:
31-1 Sec. 146.030. <INELIGIBLE> CANDIDATE NOT CERTIFIED. A
31-2 write-in candidate may not be certified for placement on the list
31-3 of write-in candidates if:
31-4 (1) the information on the candidate's declaration of
31-5 write-in candidacy indicates that the candidate is ineligible for
31-6 the office;
31-7 (2) facts indicating that the candidate is ineligible
31-8 are conclusively established by another public record; <or>
31-9 (3) the candidate is determined ineligible by a final
31-10 judgment of a court;
31-11 (4) the candidate's declaration of write-in candidacy
31-12 is invalid for the office under Section 146.023(c); or
31-13 (5) the certifying authority learns that the
31-14 candidate's name is to be omitted from the list under Section
31-15 146.0301.
31-16 SECTION 61. Subchapter B, Chapter 146, Election Code, is
31-17 amended by adding Section 146.0301 to read as follows:
31-18 Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE. (a) A
31-19 write-in candidate may not withdraw from the election after the
31-20 46th day before election day.
31-21 (b) To withdraw from the election, a write-in candidate must
31-22 file a written withdrawal request, signed and acknowledged by the
31-23 candidate, with the authority with whom the candidate's declaration
31-24 of write-in candidacy is required to be filed.
31-25 (c) A withdrawal request filed by mail is considered to be
31-26 filed at the time of its receipt by the appropriate authority.
31-27 (d) A candidate's name shall be omitted from the list of
32-1 write-in candidates if the candidate withdraws on or before the
32-2 46th day before election day.
32-3 (e) Not later than the day after the date the withdrawal
32-4 request is received, the appropriate authority shall deliver a
32-5 written notice of the withdrawal of any candidate previously
32-6 certified under Section 146.029 to the same authority to whom the
32-7 certification was delivered.
32-8 SECTION 62. Sections 146.031(b), (c), and (d), Election
32-9 Code, are amended to read as follows:
32-10 (b) A write-in candidate's name may not appear more than
32-11 once on the list.
32-12 (c) Copies of the list shall be distributed to the counting
32-13 officers in the election for use in counting write-in votes.
32-14 (d) <(c)> Copies of the list shall be distributed to each
32-15 presiding election judge with the other election supplies. A copy
32-16 of the list shall be posted in each polling place at each place
32-17 where an instruction poster is required to be posted.
32-18 (e) <(d)> The authority responsible for having the official
32-19 ballot prepared shall retain a copy of the list and preserve it for
32-20 the period for preserving the precinct election records.
32-21 SECTION 63. Section 171.022(a), Election Code, is amended to
32-22 read as follows:
32-23 (a) A county executive committee consists of:
32-24 (1) a county chairman, who is the presiding officer,
32-25 elected at the general primary election by majority vote of the
32-26 qualified voters of the county who vote in the primary on that
32-27 office or appointed by the county executive committee as provided
33-1 by this subchapter; and
33-2 (2) a precinct chairman from each county election
33-3 precinct, elected at the general primary by majority vote of the
33-4 qualified voters of the precinct who vote in the primary on that
33-5 office or appointed by the county executive committee as provided
33-6 by this subchapter.
33-7 SECTION 64. Section 172.021, Election Code, is amended by
33-8 adding Subsection (f) to read as follows:
33-9 (f) A political party's state executive committee by rule
33-10 may require that an application for the office of county chairman
33-11 be accompanied by a nominating petition containing the signatures
33-12 of at least 10 percent of the incumbent precinct chairmen serving
33-13 on the county executive committee.
33-14 SECTION 65. Section 172.022(b), Election Code, is amended to
33-15 read as follows:
33-16 (b) Not later than the day before the last day of the filing
33-17 period, the county chairman shall post on the bulletin board used
33-18 for posting notice of meetings of the commissioners court a notice
33-19 of the address at which the county chairman or secretary will be
33-20 available to receive applications on the last day of the filing
33-21 period. Section 1.006 does not apply to this subsection.
33-22 SECTION 66. Section 172.116(b), Election Code, is amended to
33-23 read as follows:
33-24 (b) The committee shall convene to conduct the local canvass
33-25 at the county seat not earlier than 6 p.m. on the first Thursday or
33-26 later than 1 p.m. on the first Friday after election day at the
33-27 hour specified by the county chairman.
34-1 SECTION 67. Subchapter E, Chapter 172, Election Code, is
34-2 amended by adding Section 172.125 to read as follows:
34-3 Sec. 172.125. ADDITIONAL PROCEDURE FOR ACCEPTING VOTERS IN
34-4 RUNOFF. (a) For a runoff primary election, the voter registrar
34-5 shall enter on the list of registered voters a notation beside each
34-6 voter's name indicating the preceding party primary for which the
34-7 voter was accepted for voting, if any.
34-8 (b) An election officer at a runoff primary election polling
34-9 place shall determine whether the name of a voter offering to vote
34-10 is noted on the list as having been accepted for voting in another
34-11 party's primary. If the voter's name is so noted, the voter may
34-12 not be accepted for voting at the runoff unless the voter executes
34-13 an affidavit stating that the voter did not vote in the primary or
34-14 participate in a convention of another party during the same voting
34-15 year.
34-16 SECTION 68. Subchapter D, Chapter 173, Election Code, is
34-17 amended by adding Section 173.0831 to read as follows:
34-18 Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS.
34-19 (a) Not later than the 30th day before the beginning date of the
34-20 regular filing period for public offices in the general primary
34-21 election, a county chairman may submit to the secretary of state a
34-22 written statement of estimated primary election expenses.
34-23 (b) Not later than the 10th day after the date the statement
34-24 is received, the secretary of state shall have disbursed to the
34-25 county chairman start-up funds in an amount equal to 10 percent of
34-26 the amount approved for and expended by the county chairman and
34-27 executive committee in the preceding general primary election.
35-1 SECTION 69. Section 173.084, Election Code, is amended by
35-2 amending Subsection (b) and adding Subsection (d) to read as
35-3 follows:
35-4 (b) The authority preparing the report shall file it with
35-5 the secretary of state not later than the 30th <20th> day after
35-6 runoff primary election day or not later than the 30th <20th> day
35-7 after general primary election day if no runoff primary is held in
35-8 the county, in the case of the county chairman's report, or if no
35-9 runoff primary is held for a statewide or district office, in the
35-10 case of the state chairman's report. The secretary for good cause
35-11 may extend the filing deadline.
35-12 (d) Any compensation claimed under Section 173.004 may be
35-13 forfeited on the failure of a county chairman to file a timely
35-14 report.
35-15 SECTION 70. Subchapter A, Chapter 181, Election Code, is
35-16 amended by adding Section 181.0041 to read as follows:
35-17 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
35-18 party that intends to make nominations under this chapter for the
35-19 general election for state and county officers must register with
35-20 the secretary of state, in the manner prescribed by the secretary,
35-21 not later than January 2 of the election year.
35-22 SECTION 71. Section 201.027, Election Code, is amended to
35-23 read as follows:
35-24 Sec. 201.027. New Office. If a new office is created, a
35-25 vacancy occurs on the effective date of the Act of the legislature
35-26 <statute> creating the office or on the date the order creating the
35-27 office is adopted.
36-1 SECTION 72. Section 202.003, Election Code, is amended to
36-2 read as follows:
36-3 Sec. 202.003. New Office. (a) Subject to Subsection (b),
36-4 an <An> election for the first full term of an office for which no
36-5 previous election has been held is governed by the same provisions
36-6 as an election for the remainder of an unexpired term, and for that
36-7 purpose, references in this chapter to an unexpired term include a
36-8 full term in the case of those offices.
36-9 (b) If an Act of the legislature creating an office
36-10 prescribes a date of creation that is later than the effective date
36-11 of the Act, and if an authority authorized to create the office at
36-12 an earlier date has not done so, the office shall appear on the
36-13 ballot as follows:
36-14 (1) if the date of creation occurs in an even-numbered
36-15 year, the office appears on the ballot in that even-numbered year;
36-16 (2) if the date of creation occurs on or before March
36-17 1 of an odd-numbered year, the office appears on the ballot in the
36-18 preceding even-numbered year; and
36-19 (3) if the date of creation occurs after March 1 of an
36-20 odd-numbered year, the office appears on the ballot in the
36-21 subsequent even-numbered year.
36-22 SECTION 73. Sections 203.012(b) and (c), Election Code, are
36-23 amended to read as follows:
36-24 (b) The governor shall conduct the state canvass not later
36-25 than the seventh day after election day.
36-26 (c) The secretary of state shall post, on the bulletin board
36-27 used for posting notice of meetings of state governmental bodies, a
37-1 notice of the date, hour, and place of the canvass at least 24
37-2 hours before the canvass is conducted.
37-3 (d) Section 1.006 does not apply to this section.
37-4 SECTION 74. Section 213.005(a), Election Code, is amended to
37-5 conform to Section 3, Chapter 288, Acts of the 71st Legislature,
37-6 Regular Session, 1989, to read as follows:
37-7 (a) A recount committee in a recount other than a recount on
37-8 automatic tabulating equipment shall function as one or more
37-9 counting teams composed of three members each. The recount
37-10 coordinator may <shall> appoint one member of each team.
37-11 SECTION 75. Section 213.013(i), Election Code, is amended to
37-12 read as follows:
37-13 (i) No mechanical or electronic means of recording images or
37-14 sound are allowed inside the room in which the recount is
37-15 conducted, or in any hallway or corridor in the building in which
37-16 the recount is conducted within 30 feet of the entrance to the
37-17 room, while the recount is in progress. However, on request of a
37-18 person entitled to appoint representatives to serve at the recount,
37-19 the recount committee chairman shall permit the person to photocopy
37-20 under the chairman's supervision any ballot, including any
37-21 supporting materials, challenged by the person or person's
37-22 representative. The person must pay a reasonable charge for making
37-23 the copies and, if no photocopying equipment is available, may
37-24 supply that equipment at the person's expense. The person shall
37-25 provide a copy on request to another person entitled to appoint
37-26 representatives to serve at the recount.
37-27 SECTION 76. Section 214.002(b), Election Code, is amended to
38-1 read as follows:
38-2 (b) The count shall be made, and the correctness of the
38-3 tally lists shall be certified, in the same manner as an original
38-4 count of regular paper ballots, except that:
38-5 (1) only two tally lists are prepared; and
38-6 (2) Section 127.130(d) applies to a count of
38-7 punch-card ballots.
38-8 SECTION 77. Section 271.006(b), Election Code, is amended to
38-9 read as follows:
38-10 (b) The joint early voting shall be conducted at the early
38-11 voting polling place or places at which and during the hours,
38-12 including any extended or weekend hours, that the early voting
38-13 clerk regularly conducts early voting for the clerk's political
38-14 subdivision.
38-15 SECTION 78. Section 273.001, Election Code, is amended by
38-16 amending Subsection (b) and adding Subsection (d) to read as
38-17 follows:
38-18 (b) A district or county attorney having jurisdiction or the
38-19 attorney general may conduct an investigation on the officer's
38-20 <his> own initiative to determine if criminal conduct occurred in
38-21 connection with an election. <The attorney general may conduct
38-22 such an investigation in connection with an election covering
38-23 territory in more than one county.>
38-24 (d) On referral of a complaint from the secretary of state
38-25 under Section 31.006, the attorney general may investigate the
38-26 allegations.
38-27 SECTION 79. Section 273.021(a), Election Code, is amended to
39-1 read as follows:
39-2 (a) The attorney general may prosecute a criminal offense
39-3 prescribed by the election laws of this state <if the offense
39-4 occurs in connection with an election covering territory in more
39-5 than one county>.
39-6 SECTION 80. Sections 276.004(a) and (b), Election Code, are
39-7 amended to read as follows:
39-8 (a) A person commits an offense if, with respect to another
39-9 person over whom the person has authority in the scope of
39-10 employment, the person knowingly:
39-11 (1) refuses to permit the other person to be absent
39-12 from work on election day for the purpose of attending the polls to
39-13 vote; or
39-14 (2) subjects or threatens to subject the other person
39-15 to a penalty for attending the polls on election day to vote.
39-16 (b) It is an exception to the application of this section
39-17 that the person's conduct occurs in connection with an election in
39-18 which the polls are open on election day for voting for two
39-19 consecutive hours outside of the voter's working hours.
39-20 SECTION 81. Section 277.001, Election Code, is amended to
39-21 read as follows:
39-22 Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
39-23 applies to a petition authorized or required to be filed under a
39-24 law outside this code in connection with an election, except a
39-25 petition for<:>
39-26 <(1)> a local option election held under the Alcoholic
39-27 Beverage Code<; or>
40-1 <(2) an election held under Section 26.07 or 26.08,
40-2 Tax Code>.
40-3 SECTION 82. Section 277.002, Election Code, is amended by
40-4 amending Subsection (b) and adding Subsections (c), (d), and (e) to
40-5 read as follows:
40-6 (b) The signature is the only information that <A voter
40-7 registration number> is <not> required to appear on the petition in
40-8 the signer's own handwriting.
40-9 (c) The use of ditto marks or abbreviations does not
40-10 invalidate a signature if the required information is reasonably
40-11 ascertainable.
40-12 (d) The omission of the state from the signer's residence
40-13 address does not invalidate a signature unless the political
40-14 subdivision from which the signature is obtained is situated in
40-15 more than one state.
40-16 (e) A petition signature is invalid if the signer signed the
40-17 petition earlier than the 180th day before the date the petition is
40-18 filed.
40-19 SECTION 83. Chapter 277, Election Code, is amended by adding
40-20 Sections 277.0022 and 277.0023 to read as follows:
40-21 Sec. 277.0022. WITHDRAWAL OF SIGNATURE. (a) A signer may
40-22 not withdraw the signature from a petition on or after the date the
40-23 petition is received by the authority with whom it is required to
40-24 be filed. Before that date, a signer may withdraw the signature by
40-25 deleting the signature from the petition or by filing with the
40-26 authority with whom the petition is required to be filed an
40-27 affidavit requesting that the signature be withdrawn from the
41-1 petition.
41-2 (b) A withdrawal affidavit filed by mail is considered to be
41-3 filed at the time of its receipt by the appropriate authority.
41-4 (c) The withdrawal of a signature nullifies the signature on
41-5 the petition and places the signer in the same position as if the
41-6 signer had not signed the petition.
41-7 Sec. 277.0023. SUPPLEMENTING PETITION. (a) Except as
41-8 provided by Subsection (b), a petition may not be supplemented,
41-9 modified, or amended on or after the date it is received by the
41-10 authority with whom it is required to be filed unless expressly
41-11 authorized by law.
41-12 (b) If a petition is required to be filed by a specified
41-13 deadline, the petitioner may file one supplementary petition by
41-14 that deadline if the original petition contains a number of
41-15 signatures that exceeds the required minimum number by 10 percent
41-16 or more and is received by the authority with whom it is required
41-17 to be filed not later than the 10th day before the date of the
41-18 deadline. The authority shall notify the petitioner as to the
41-19 sufficiency of the petition not later than the fifth regular
41-20 business day after the date of its receipt.
41-21 SECTION 84. Section 26.07(b), Tax Code, is amended to read
41-22 as follows:
41-23 (b) A petition is valid only if:
41-24 (1) it states that it is intended to require an
41-25 election in the taxing unit on the question of reducing the tax
41-26 rate for the current year;
41-27 (2) it is signed by a number of registered <qualified>
42-1 voters of the taxing unit equal to at least 10 percent of the
42-2 number of registered <qualified> voters of the taxing unit
42-3 according to the most recent official list of registered
42-4 <qualified> voters <not counting the signatures of voters gathered
42-5 by a person who received compensation for circulating the
42-6 petition>; and
42-7 (3) it is submitted to the governing body on or before
42-8 the 90th day after the date on which the governing body adopted the
42-9 tax rate for the current year.
42-10 SECTION 85. Section 26.08(b), Tax Code, is amended to read
42-11 as follows:
42-12 (b) A petition is valid only if:
42-13 (1) it states that it is intended to require an
42-14 election in the school district on the question of limiting the tax
42-15 rate for the following year;
42-16 (2) it is signed by a number of registered <qualified>
42-17 voters of the school district equal to at least 10 percent of the
42-18 number of registered <qualified> voters of the district according
42-19 to the most recent official list of registered <qualified> voters
42-20 <not counting the signatures of voters gathered by a person who
42-21 received compensation for circulating the petition>; and
42-22 (3) it is submitted to the governing body on or before
42-23 the 90th day after the date on which the governing body adopted the
42-24 tax rate for the current year.
42-25 SECTION 86. Section 26.085(b), Tax Code, is amended to read
42-26 as follows:
42-27 (b) A petition is valid only if:
43-1 (1) it states that it is intended to require an
43-2 election on the question of limiting the amount of school district
43-3 tax funds to be dedicated to the junior college district for the
43-4 current year;
43-5 (2) it is signed by a number of registered <qualified>
43-6 voters of the school district equal to at least 10 percent of the
43-7 number of registered <qualified> voters of the school district
43-8 according to the most recent official list of registered
43-9 <qualified> voters<, not counting the signatures of voters gathered
43-10 by a person who received compensation for circulating the
43-11 petition>; and
43-12 (3) it is submitted to the governing body on or before
43-13 the 90th day after the date on which the governing body made the
43-14 dedication to the junior college district.
43-15 SECTION 87. Sections 130.033(b), (c), and (d), Education
43-16 Code, are amended to read as follows:
43-17 (b) In the case of a union junior college district, the
43-18 petition shall be signed by not fewer than 10 percent of the
43-19 registered voters <qualified taxpaying electors> of each of the
43-20 school districts within the territory of the proposed junior
43-21 college district and shall be presented to the county school board
43-22 or county school boards of the respective counties if the territory
43-23 encompasses more than one county; but if there is no county school
43-24 board, the petition shall be presented to the commissioners court
43-25 of the county or counties involved.
43-26 (c) In the case of a county junior college district, the
43-27 petition shall be signed by not fewer than 10 percent of the
44-1 registered voters <qualified taxpaying electors> of the proposed
44-2 college district and shall be presented to the county school board
44-3 of the county; but if there is no county school board, the petition
44-4 shall be presented to the commissioners court of the county.
44-5 (d) In case of a joint-county junior college district, the
44-6 petition shall be signed by not fewer than 10 percent of the
44-7 registered voters <qualified taxpaying electors> of each of the
44-8 proposed counties and shall be presented to the respective county
44-9 school boards of the counties to be included in the proposed
44-10 district; in case there is no county school board, the petition
44-11 shall be presented to the commissioners court of the county or
44-12 counties involved.
44-13 SECTION 88. Sections 130.062(b) and (c), Education Code, are
44-14 amended to read as follows:
44-15 (b) A petition requesting that such territory be added to
44-16 the junior college district signed by a majority of the registered
44-17 <qualified property taxpaying> voters of the territory may be
44-18 presented to the governing board of the junior college district.
44-19 (c) The board shall determine whether the petition is signed
44-20 by the required majority<, based upon the latest approved tax rolls
44-21 of the independent school district,> and if such determination is
44-22 affirmative and if the board shall also determine that the
44-23 facilities of the junior college district may be extended to cover
44-24 adequately the scholastics of the added territory, the board shall
44-25 pass an order admitting such territory. The order shall describe
44-26 by metes and bounds the junior college district as extended; and a
44-27 copy of the order shall be filed with the county superintendent.
45-1 Thereafter, the territory shall be a part of the junior college
45-2 district for all intents and purposes.
45-3 SECTION 89. Section 130.065(a), Education Code, is amended
45-4 to read as follows:
45-5 (a) If the annexation is by election, a petition signed by
45-6 five percent of the registered voters <property taxpaying electors>
45-7 in the territory seeking to be annexed shall be presented to the
45-8 county school board of the county, or to the commissioners court of
45-9 the county in case there is no county school board.
45-10 SECTION 90. Section 130.070(b), Education Code, is amended
45-11 to read as follows:
45-12 (b) The proposed disannexation and creation of a separate
45-13 junior college district shall be initiated by a petition signed by
45-14 not less than five percent (5%) of the registered voters <qualified
45-15 taxpaying electors> of the independent school district seeking
45-16 disannexation. The petition shall be presented to the board of
45-17 trustees of the independent school district seeking to be
45-18 disannexed, which shall pass upon the legality and genuineness of
45-19 the petition and forward the petition, if approved, to the
45-20 coordinating board.
45-21 SECTION 91. Section 251.51(a), Alcoholic Beverage Code, is
45-22 amended to read as follows:
45-23 (a) The <On the fifth day after the election, or as soon
45-24 after the fifth day as practicable, the> commissioners court shall
45-25 <meet in special session to> canvass the returns in accordance with
45-26 Chapter 67, Election Code. On completing the canvass, the
45-27 commissioners court shall make an order declaring the result and
46-1 cause the clerk of the commissioners court to record the order as
46-2 provided by law.
46-3 SECTION 92. (a) Any authority that acquired the equipment
46-4 necessary for operating a voting system before the effective date
46-5 of this Act shall promptly obtain the documents required by Section
46-6 123.035, Election Code, as added by this Act.
46-7 (b) An authority that fails to obtain the documents before
46-8 September 1, 1994, may not use the voting system in a future
46-9 election.
46-10 (c) The attorney general may seek a writ of injunction to
46-11 prevent a violation of Subsection (b) of this section. The
46-12 injunction shall be granted unless the authority:
46-13 (1) produces the necessary documentation in court; or
46-14 (2) proves that it submitted a written request for the
46-15 necessary documentation from the secretary of state not later than
46-16 three months after the effective date of this Act and that the
46-17 secretary has failed to respond to that request.
46-18 (d) If a writ of injunction is denied under Subsection
46-19 (c)(2) of this section, the attorney general shall seek a writ of
46-20 mandamus to compel the secretary of state to respond to the request
46-21 made by the authority.
46-22 (e) The changes in law made by this Act apply only to a
46-23 voting system equipment contract that is executed or renewed on or
46-24 after the effective date of this Act. A contract that was executed
46-25 and in force before that date is governed by the law as it existed
46-26 on the date of execution, and that law is continued in effect for
46-27 that purpose.
47-1 SECTION 93. For the primary election held in 1994, a written
47-2 statement may be submitted under Section 173.0831, as added by this
47-3 Act, not later than the 10th day after the effective date of this
47-4 Act.
47-5 SECTION 94. Section 276.002, Election Code, is repealed.
47-6 SECTION 95. This Act takes effect September 1, 1993.
47-7 SECTION 96. The importance of this legislation and the
47-8 crowded condition of the calendars in both houses create an
47-9 emergency and an imperative public necessity that the
47-10 constitutional rule requiring bills to be read on three several
47-11 days in each house be suspended, and this rule is hereby suspended.