73R8674 GGS-D
By Danburg, et al. H.B. No. 75
Substitute the following for H.B. No. 75:
By Hirschi C.S.H.B. No. 75
A BILL TO BE ENTITLED
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. Subchapter A, Chapter 31, Election Code, is
1-12 amended by adding Sections 31.006 and 31.007 to read as follows:
1-13 Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. If,
1-14 after receiving a complaint alleging criminal conduct in connection
1-15 with an election, the secretary of state determines that there is
1-16 reasonable cause to suspect that the alleged criminal conduct
1-17 occurred, the secretary shall promptly refer the complaint to the
1-18 attorney general. The secretary shall deliver to the attorney
1-19 general all pertinent documents in the secretary's possession.
1-20 Sec. 31.007. GIFTS AND GRANTS. The secretary of state may
1-21 accept gifts, grants, and donations from any public or private
1-22 entity for the purpose of funding any duties or functions of the
1-23 secretary under this code or any election processes or procedures
1-24 authorized by law.
2-1 SECTION 3. Section 31.122, Election Code, is amended to read
2-2 as follows:
2-3 Sec. 31.122. Office Hours of Election Authority During
2-4 Election Period. Except as provided by Section 31.123, each county
2-5 clerk, city secretary, or secretary of the governing body of a
2-6 political subdivision other than a county or city or the authority
2-7 performing the duties of a secretary under this code shall keep
2-8 that officer's <his> office open for election duties for at least
2-9 three hours each day, during regular office hours, on regular
2-10 business days during the period:
2-11 (1) beginning not later than the 50th <40th> day
2-12 before the date of each general election of the political
2-13 subdivision or the third day after the date a special election is
2-14 ordered by an authority of the political subdivision; and
2-15 (2) ending not earlier than the 40th day after
2-16 election day.
2-17 SECTION 4. Subchapter C, Chapter 32, Election Code, is
2-18 amended by adding Section 32.0551 to read as follows:
2-19 Sec. 32.0551. INELIGIBILITY OF CAMPAIGN MANAGER. (a) A
2-20 person is ineligible to serve as an election judge or clerk in an
2-21 election if the person is a campaign manager of a candidate in that
2-22 election.
2-23 (b) In this section:
2-24 (1) "Campaign manager" means:
2-25 (A) the person who directs, with or without
2-26 compensation, the day-to-day operations of a candidate's election
2-27 campaign; or
3-1 (B) each person who directs, with or without
3-2 compensation, a substantial portion of the day-to-day operations of
3-3 a candidate's election campaign if no single person performs that
3-4 function.
3-5 (2) "Candidate" means a person who has taken
3-6 affirmative action, as described by the law regulating political
3-7 funds and campaigns, for the purpose of gaining nomination or
3-8 election.
3-9 SECTION 5. Section 32.091(a), Election Code, is amended to
3-10 read as follows:
3-11 (a) An election judge or clerk is entitled to compensation
3-12 for services rendered at a precinct polling place at an hourly rate
3-13 not to exceed $6 <$5>.
3-14 SECTION 6. Section 32.093, Election Code, is amended to read
3-15 as follows:
3-16 Sec. 32.093. Authority Fixing Compensation. The
3-17 compensation of election judges and clerks shall be fixed by the
3-18 following authority:
3-19 (1) for an election ordered by the governor or a
3-20 county authority, the commissioners court;
3-21 (2) for an election ordered by an authority of a
3-22 political subdivision other than a county, the political
3-23 subdivision's governing body; and
3-24 (3) for a primary election, the secretary of state
3-25 <county executive committee of the political party holding the
3-26 primary>.
3-27 SECTION 7. Section 33.006(b), Election Code, is amended to
4-1 read as follows:
4-2 (b) A certificate of appointment must:
4-3 (1) be in writing and signed by the appointing
4-4 authority or, for an appointment for a write-in candidate, by each
4-5 of the voters making the appointment;
4-6 (2) indicate the capacity in which the appointing
4-7 authority is acting;
4-8 (3) state the name, residence address, and voter
4-9 registration number of the appointee and be signed by the
4-10 appointee;
4-11 (4) identify the election and the precinct polling
4-12 place or other location at which the appointee is to serve; <and>
4-13 (5) in an election on a measure, identify the measure
4-14 if more than one is to be voted on and state which side of the
4-15 measure the appointee represents; and
4-16 (6) contain an affidavit executed by the appointee
4-17 stating that the appointee will not have possession of any
4-18 mechanical or electronic means of recording images or sound while
4-19 serving as a watcher.
4-20 SECTION 8. Section 33.051, Election Code, is amended by
4-21 amending Subsections (b), (c), and (d) to read as follows:
4-22 (b) The officer presented with a watcher's certificate of
4-23 appointment shall require the watcher to countersign the
4-24 certificate to ensure that the watcher is the same person who
4-25 signed the certificate. Except as provided by Subsection (c), a
4-26 <A> watcher who presents himself at the proper time with a
4-27 certificate of appointment shall be accepted for service unless the
5-1 person is ineligible to serve or the number of appointees to which
5-2 the appointing authority is entitled have already been accepted.
5-3 (c) A watcher may not be accepted for service if the watcher
5-4 has possession of any mechanical or electronic means of recording
5-5 images or sound. The presiding judge may inquire whether a watcher
5-6 has possession of any prohibited recording device before accepting
5-7 the watcher for service.
5-8 (d) The certificate of a watcher serving at an early voting
5-9 polling place shall be retained at the polling place until voting
5-10 at the polling place is concluded. At each subsequent time that
5-11 the watcher reports for service, he shall inform the clerk or
5-12 deputy in charge. The officer may require the watcher to sign his
5-13 name in the officer's presence, for comparison with the signature
5-14 on the certificate, if the officer is uncertain of the watcher's
5-15 identity.
5-16 (e) <(d)> If a watcher is not accepted for service, the
5-17 certificate of appointment shall be returned to the watcher with a
5-18 signed statement of the reason for the rejection.
5-19 SECTION 9. Section 34.001(c), Election Code, is amended to
5-20 read as follows:
5-21 (c) A request under Subsection (b) must be received by the
5-22 secretary of state not later than the fourth regular business
5-23 <fifth> day before the date of the election for which the
5-24 inspectors are requested.
5-25 SECTION 10. Subchapter A, Chapter 41, Election Code, is
5-26 amended by adding Section 41.0052 to read as follows:
5-27 Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) The
6-1 governing body of a political subdivision other than a county may,
6-2 not later than December 31, 1993, change the date on which it holds
6-3 its general election for officers to another authorized uniform
6-4 election date. An election on the new date may not be held before
6-5 1994.
6-6 (b) A governing body changing an election date under this
6-7 section shall adjust the terms of office to conform to the new
6-8 election date.
6-9 SECTION 11. Section 43.033(a), Election Code, is amended to
6-10 read as follows:
6-11 (a) No charge, including a charge for personnel, utilities,
6-12 or other expenses incurred before or after regular business hours,
6-13 may be made for the use of a public building for a polling place if
6-14 the day of the election is a day on which the building is normally
6-15 open for business. If the day of the election is a day on which
6-16 the building is not normally open for business, a charge may be
6-17 made only for reimbursement for the actual expenses resulting from
6-18 use of the building in the election.
6-19 SECTION 12. Section 52.0064, Election Code, is amended by
6-20 adding Subsection (d) to read as follows:
6-21 (d) The authority responsible for having the official ballot
6-22 prepared shall prepare a record of the incorrect ballots that are
6-23 destroyed. The authority shall preserve the record for the period
6-24 for preserving the precinct election records.
6-25 SECTION 13. Section 63.009, Election Code, is amended to
6-26 read as follows:
6-27 Sec. 63.009. Voter Without Certificate Who Is Not on List.
7-1 (a) A voter who does not present a voter registration certificate
7-2 when offering to vote, and whose name is not on the list of
7-3 registered voters for the precinct in which the voter <he> is
7-4 offering to vote, shall <may> be accepted for voting if:
7-5 (1) an election officer can determine from the voter
7-6 registrar that the person is a registered voter of the county,<;>
7-7 and
7-8 <(2)> the voter executes the affidavits required by
7-9 Sections 63.007 and 63.008; or
7-10 (2) the voter executes an affidavit in accordance with
7-11 Section 63.010.
7-12 (b) After the voter is accepted under Subsection (a)(1), an
7-13 election officer shall indicate beside the voter's name on the poll
7-14 list that the voter was accepted under this section.
7-15 SECTION 14. Sections 63.010(a) and (d), Election Code, are
7-16 amended to read as follows:
7-17 (a) The eligibility of a person offering to vote may be
7-18 challenged by an election officer, watcher, or any other person
7-19 lawfully in the polling place. An election officer may not refuse
7-20 to accept a voter without informing the voter of the voter's right
7-21 to vote under the challenge procedure prescribed by this section.
7-22 (d) The presiding judge shall inform a voter of a challenge
7-23 and of the issues raised by the challenge. The presiding judge may
7-24 request a voter to present proof of identification, if available.
7-25 A voter's failure to present proof of identification does not
7-26 affect the voter's right to vote under this section.
7-27 SECTION 15. Section 65.007, Election Code, is amended by
8-1 amending Subsection (b) and adding Subsection (d) to read as
8-2 follows:
8-3 (b) Except as provided by Subsection (c) or (d), each
8-4 straight-party vote shall be tallied for the party receiving the
8-5 vote instead of being tallied for the individual candidates of the
8-6 party. The total number of straight-party votes tallied for each
8-7 party shall be added to the total votes received for each of the
8-8 party nominees individually.
8-9 (d) If a ballot indicates straight-party votes for more than
8-10 one party, those votes may not be tallied and a vote shall be
8-11 counted for each candidate receiving an individual vote if no other
8-12 individual votes are received in that race. If no candidate
8-13 receives an individual vote, the portion of the ballot for offices
8-14 may not be counted.
8-15 SECTION 16. Section 65.010(a), Election Code, is amended to
8-16 read as follows:
8-17 (a) The following ballots may not be counted:
8-18 (1) a ballot that is not provided to the voter at the
8-19 polling place; <or>
8-20 (2) two or more ballots that are folded together in a
8-21 manner indicating that they were folded together when deposited in
8-22 the ballot box;
8-23 (3) a write-in envelope containing a write-in vote
8-24 without an attached ballot; or
8-25 (4) a ballot that has not been deposited in the ballot
8-26 box used for the deposit of marked ballots.
8-27 SECTION 17. Section 65.011, Election Code, is amended to
9-1 read as follows:
9-2 Sec. 65.011. Overvoting. Except as provided by Section
9-3 65.007(c) or (d), if a voter marks the ballot for more candidates
9-4 for an office than the number of persons to be elected for that
9-5 office, none of the votes may be counted for that office.
9-6 SECTION 18. Section 66.026, Election Code, is amended to
9-7 read as follows:
9-8 Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
9-9 must contain:
9-10 (1) the original of the ballot register;
9-11 (2) the register of spoiled ballots;
9-12 (3) any spoiled ballots;
9-13 (4) any defectively printed ballots; <and>
9-14 (5) any envelope containing cancellation requests and
9-15 canceled ballots; and
9-16 (6) <(5)> any other unused ballots.
9-17 SECTION 19. Section 66.051(d), Election Code, is amended to
9-18 read as follows:
9-19 (d) The presiding judge shall deliver envelope no. 4 in
9-20 person to the voter registrar. If the voter registrar is
9-21 unavailable, the envelope shall be delivered to the general
9-22 custodian of election records, who shall deliver it to the voter
9-23 registrar on the next regular business day.
9-24 SECTION 20. Section 67.003, Election Code, is amended to
9-25 read as follows:
9-26 Sec. 67.003. Time for Local Canvass. <(a)> Each local
9-27 canvassing authority shall convene to conduct the local canvass not
10-1 earlier than the second day or later than the sixth day after
10-2 election day at the time set by the canvassing authority's
10-3 presiding officer.
10-4 <(b) This section does not apply to a local option election
10-5 under the Alcoholic Beverage Code.>
10-6 SECTION 21. Section 67.004(a), Election Code, is amended to
10-7 read as follows:
10-8 (a) At the time set for convening the canvassing authority
10-9 for the local canvass, the presiding officer of the canvassing
10-10 authority shall deliver the sealed precinct returns to the
10-11 authority. The authority shall open the returns for each precinct
10-12 and canvass them as provided by this section. Two members of the
10-13 authority constitute a quorum for purposes of canvassing an
10-14 election.
10-15 SECTION 22. Section 67.011(b), Election Code, is amended to
10-16 read as follows:
10-17 (b) If a county's election returns are incomplete or
10-18 missing, the legislature may substitute the secretary of state's
10-19 tabulation for that county or may obtain the necessary information
10-20 from the county. On request of the legislature, the secretary of
10-21 state or the county shall promptly transmit the information to the
10-22 legislature by the most expeditious means available.
10-23 (c) On completion of the canvass, the speaker of the house
10-24 of representatives shall deliver the county returns to the
10-25 secretary of state, who shall retain them for the period for
10-26 preserving the precinct election records.
10-27 SECTION 23. Section 67.012, Election Code, is amended to
11-1 read as follows:
11-2 Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The
11-3 governor shall conduct the state canvass not earlier than the 15th
11-4 or later than the 30th day after election day at the time set by
11-5 the secretary of state.
11-6 (b) The secretary of state shall post, on the bulletin board
11-7 used for posting notice of meetings of state governmental bodies, a
11-8 notice of the date, hour, and place of the canvass at least 72
11-9 hours before the canvass is conducted.
11-10 SECTION 24. Section 84.007(b), Election Code, is amended to
11-11 read as follows:
11-12 (b) An application must be submitted to the early voting
11-13 clerk by:
11-14 (1) mail;
11-15 (2) common or contract carrier; or
11-16 (3) telephonic facsimile machine, if the applicant is
11-17 absent from the county and if a machine is available in the clerk's
11-18 office.
11-19 SECTION 25. Sections 84.032, 84.033, and 84.034, Election
11-20 Code, are amended to read as follows:
11-21 Sec. 84.032. Request for Cancellation. (a) A person
11-22 desiring to cancel the person's <his> application for a ballot to
11-23 be voted by mail must submit a request for the cancellation to an
11-24 election officer as provided by this section <the early voting
11-25 clerk>.
11-26 (b) A request must:
11-27 (1) be in writing and signed by the applicant;
12-1 (2) specify the election for which the application was
12-2 made; and
12-3 (3) except as provided by Subsection (c) or (d), be
12-4 received by the early voting clerk:
12-5 (A) not later than the third day before election
12-6 day; and
12-7 (B) if an early voting ballot sent to the
12-8 applicant is returned to the clerk as a marked ballot, before the
12-9 marked ballot's arrival at the address on the carrier envelope.
12-10 (c) An applicant may submit a request after the close of
12-11 early voting by personal appearance by appearing in person and:
12-12 (1) returning the ballot to be voted by mail to the
12-13 early voting clerk; or
12-14 (2) executing an affidavit that the applicant has not
12-15 received the ballot to be voted by mail.
12-16 (d) An applicant may also submit a request on election day
12-17 by appearing in person at the applicant's precinct polling place
12-18 and returning the ballot to be voted by mail to the presiding
12-19 election judge.
12-20 Sec. 84.033. ACTION ON REQUEST <BY CLERK>. (a) The
12-21 election officer <early voting clerk> shall review each
12-22 cancellation request to determine whether it complies with Section
12-23 84.032.
12-24 (b) If the request complies, the early voting clerk shall
12-25 cancel the application and enter on the application "canceled" and
12-26 the date of cancellation.
12-27 (c) If the request complies, the presiding election judge
13-1 shall enter on the returned ballot "canceled," place it and the
13-2 request in an envelope, and deposit the envelope in ballot box no.
13-3 4. The applicant's application is considered to be canceled.
13-4 (d) If the request does not comply, the election officer
13-5 <clerk> shall deny the request and enter on the request "denied"
13-6 and the date of and reason for the denial. The presiding election
13-7 judge shall place the request in an envelope and deposit the
13-8 envelope in ballot box no. 4.
13-9 Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a
13-10 cancellation request, the election officer <early voting clerk>
13-11 shall notify the applicant of the denial. The notice must state
13-12 the reason for the denial.
13-13 SECTION 26. Section 88.004, Election Code, is amended to
13-14 read as follows:
13-15 Sec. 88.004. NOTICE OF OUTCOME TO VOTER. (a) If as a
13-16 result of a challenge under this chapter a ballot is not accepted,
13-17 the presiding judge of the early voting ballot board <early voting
13-18 clerk> shall deliver written notice of the result of the challenge,
13-19 including the reason for the result, to the challenged voter.
13-20 (b) If the notice is delivered by mail, it shall be sent to
13-21 the voter's residence address.
13-22 (c) The notice shall be delivered not later than the 10th
13-23 <third> day after election day <the date the challenge is
13-24 determined>.
13-25 SECTION 27. Section 103.001(a), Election Code, is amended to
13-26 read as follows:
13-27 (a) A qualified voter is eligible to vote a late ballot as
14-1 provided by this chapter if:
14-2 (1) the voter will be absent from the county of
14-3 residence on election day because of the death of a person related
14-4 to the voter within the second <first> degree by consanguinity or
14-5 affinity, as determined under Article 5996h, Revised Statutes; and
14-6 (2) the death occurs on or after the day before the
14-7 last day of the period for early voting by personal appearance.
14-8 SECTION 28. Section 122.001(b), Election Code, is amended to
14-9 read as follows:
14-10 (b) A voting system may not be used in an election in which
14-11 straight-party voting is permitted unless the system permits or
14-12 prevents, as applicable, counting votes in accordance with Sections
14-13 <Section> 65.007(c) and (d).
14-14 SECTION 29. Subchapter A, Chapter 122, Election Code, is
14-15 amended by adding Section 122.005 to read as follows:
14-16 Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of
14-17 an offense under this chapter is in the county in which the offense
14-18 was committed.
14-19 SECTION 30. Section 122.031, Election Code, is amended by
14-20 adding Subsections (c) and (d) to read as follows:
14-21 (c) A person commits an offense if the person executes a
14-22 contract to sell, lease, or otherwise provide a voting system or
14-23 voting system equipment that the person knows has not been
14-24 approved. An offense under this subsection is a Class A
14-25 misdemeanor.
14-26 (d) This section does not prohibit a person from exhibiting
14-27 a voting system or unit of voting system equipment that has not
15-1 been approved.
15-2 SECTION 31. Section 122.034(c), Election Code, is amended to
15-3 read as follows:
15-4 (c) The secretary of state shall prescribe fees for the
15-5 submission of applications under this section in amounts reasonably
15-6 necessary to administer this subchapter and compensate examiners
15-7 appointed by the secretary.
15-8 SECTION 32. Section 122.035, Election Code, is amended to
15-9 read as follows:
15-10 Sec. 122.035. Appointment of Examiners. (a) On submission
15-11 of an application for approval of a voting system or voting system
15-12 equipment, the secretary of state shall appoint four <three>
15-13 persons as examiners, one of whom must be a full-time employee of
15-14 the secretary. The attorney general <or the general's designee>
15-15 shall appoint two persons as examiners, one of whom must be a
15-16 full-time employee of the general <also serve as an examiner>.
15-17 (b) Two of the secretary of state's appointees must have
15-18 demonstrated ability and experience in mechanics or electronics
15-19 appropriate to the system or equipment to be examined, and two of
15-20 the secretary's appointees <one appointee> must have demonstrated
15-21 knowledge of and experience in election law and procedure.
15-22 (c) Only one <A> person employed by the secretary of state
15-23 may be appointed <is ineligible for appointment>.
15-24 (d) A person who has a pecuniary interest in the
15-25 manufacturing or marketing of any part of a voting system or voting
15-26 system equipment is ineligible for appointment.
15-27 SECTION 33. Section 122.037, Election Code, is amended to
16-1 read as follows:
16-2 Sec. 122.037. Compensation of Examiners. (a) Each examiner
16-3 appointed under this subchapter, other than an employee of the
16-4 secretary of state or attorney general, <by the secretary of state>
16-5 is entitled to compensation <in an amount set by the secretary of
16-6 state> for services rendered in connection with an application.
16-7 (b) The secretary of state shall set the amount of
16-8 compensation for examiners appointed by the secretary and shall use
16-9 the application fees collected under Section 122.034 to pay the
16-10 compensation <to examiners>.
16-11 (c) The attorney general shall set the amount of
16-12 compensation for an examiner appointed by the general and shall pay
16-13 the compensation from funds available to the general.
16-14 SECTION 34. Section 122.066(a), Election Code, is amended to
16-15 read as follows:
16-16 (a) The secretary of state shall prescribe an examination
16-17 fee or fee schedule to compensate examiners appointed by the
16-18 secretary under this subchapter.
16-19 SECTION 35. Section 122.067, Election Code, is amended to
16-20 read as follows:
16-21 Sec. 122.067. Appointment of Examiners. (a) If the
16-22 secretary of state requires an independent examination of the
16-23 modified system or equipment, the secretary shall appoint four
16-24 persons as <two or three> examiners, one of whom must be a
16-25 full-time employee of the secretary <for the examination, the
16-26 number to be determined by the secretary>. The attorney general
16-27 <or the general's designee> shall appoint two persons as examiners,
17-1 one of whom must be a full-time employee of the general <also serve
17-2 as an examiner>.
17-3 (b) To be eligible for appointment as an examiner under this
17-4 section, a person must be eligible for appointment as an examiner
17-5 for an application for initial approval of a system or equipment.
17-6 Only one employee of the secretary of state may be appointed.
17-7 (c) Two <One> of the secretary of state's appointees must
17-8 have demonstrated ability and experience in mechanics or
17-9 electronics appropriate to the system or equipment to be examined.
17-10 SECTION 36. Section 122.069, Election Code, is amended to
17-11 read as follows:
17-12 Sec. 122.069. Compensation of Examiners. (a) Subject to
17-13 Subsections (b) and (c), an examiner appointed by the secretary of
17-14 state under this subchapter, other than the secretary's employee,
17-15 is entitled to compensation in an amount set by the secretary.
17-16 (b) The compensation rate for each examiner appointed by the
17-17 secretary of state for the same examination must be uniform.
17-18 (c) The total compensation paid to the examiners appointed
17-19 by the secretary of state for the same examination may not exceed
17-20 the examination fee.
17-21 (d) The secretary of state shall use the examination fees
17-22 collected under Section 122.066 to pay the compensation to
17-23 examiners appointed by the secretary.
17-24 (e) An examiner appointed by the attorney general under this
17-25 subchapter, other than an employee of the general, is entitled to
17-26 compensation in an amount set by the general. The attorney general
17-27 shall pay the compensation from funds available to the general.
18-1 SECTION 37. Subchapter D, Chapter 122, Election Code, is
18-2 amended by adding Section 122.0911 to read as follows:
18-3 Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE.
18-4 (a) If the secretary of state determines that the assistance of a
18-5 particular person is necessary for the proper and efficient
18-6 reexamination of a voting system or voting system equipment under
18-7 this subchapter, the secretary may require that person to provide
18-8 the necessary assistance as provided by this section.
18-9 (b) The secretary of state shall deliver written notice to a
18-10 person whose assistance is required not later than the seventh day
18-11 before the date the reexamination is scheduled to occur. The
18-12 notice must state:
18-13 (1) that the person is required to provide assistance
18-14 under Section 122.0911, Election Code;
18-15 (2) the nature of the assistance that is required; and
18-16 (3) the date, hour, and place of the reexamination.
18-17 (c) A person who, after proper notice, fails to provide the
18-18 assistance required by the secretary of state is civilly liable to
18-19 the state for $100 for each day that the person fails to comply.
18-20 The secretary of state may notify the attorney general to initiate
18-21 suit to recover the penalty.
18-22 SECTION 38. Section 122.091(c), Election Code, is amended to
18-23 read as follows:
18-24 (c) The secretary of state may prescribe fees in amounts
18-25 reasonably necessary to administer this subchapter and compensate
18-26 examiners appointed by the secretary.
18-27 SECTION 39. Section 122.092, Election Code, is amended to
19-1 read as follows:
19-2 Sec. 122.092. Appointment of Examiners. (a) The secretary
19-3 of state shall appoint four <two> persons as examiners, one of whom
19-4 must be a full-time employee of the secretary, to assist in a
19-5 reexamination of an approved voting system or voting system
19-6 equipment. The attorney general <or the general's designee> shall
19-7 appoint two persons as examiners, one of whom must be a full-time
19-8 employee of the general <also serve as an examiner>.
19-9 (b) Two of the secretary of state's appointees <Each
19-10 appointee> must have demonstrated knowledge of and experience in
19-11 the operation of the system or equipment.
19-12 (c) Only one <A> person employed by the secretary of state
19-13 may be appointed <is ineligible for appointment>.
19-14 (d) A person who has a pecuniary interest in the
19-15 manufacturing or marketing of any part of a voting system or voting
19-16 system equipment is ineligible for appointment.
19-17 SECTION 40. Section 122.094, Election Code, is amended to
19-18 read as follows:
19-19 Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
19-20 appointed under this subchapter, other than an employee of <by> the
19-21 secretary of state or attorney general, is entitled to compensation
19-22 for services rendered in connection with a reexamination <in an
19-23 amount set by the secretary>.
19-24 (b) The secretary of state shall set the amount of
19-25 compensation for examiners appointed by the secretary and shall use
19-26 the fees collected under Section 122.091 to pay the compensation
19-27 <to examiners>.
20-1 (c) The attorney general shall set the amount of
20-2 compensation for an examiner appointed by the general and shall pay
20-3 the compensation from funds available to the general.
20-4 SECTION 41. Section 123.031(a), Election Code, is amended to
20-5 read as follows:
20-6 (a) A county may contract to acquire the equipment necessary
20-7 for operating a voting system by purchase, lease, or other means.
20-8 SECTION 42. Sections 123.032(a) and (b), Election Code, are
20-9 amended to read as follows:
20-10 (a) A political subdivision other than a county may contract
20-11 to acquire the equipment necessary for operating a voting system as
20-12 provided by this section.
20-13 (b) A political subdivision may <contract to> lease the
20-14 equipment from a county in which the political subdivision is
20-15 wholly or partly situated. If the desired equipment is not
20-16 available from the county, the political subdivision may acquire it
20-17 by purchase, lease, or other means from any other source.
20-18 SECTION 43. Subchapter B, Chapter 123, Election Code, is
20-19 amended by adding Sections 123.035 and 123.036 to read as follows:
20-20 Sec. 123.035. VOTING SYSTEM EQUIPMENT CONTRACT. (a) A
20-21 contract for the acquisition of voting system equipment under this
20-22 subchapter must be in writing and incorporate before execution:
20-23 (1) a letter from the secretary of state stating that
20-24 the voting system and voting system equipment being acquired
20-25 satisfy the applicable requirements for approval; and
20-26 (2) a certified copy of the written order issued by
20-27 the secretary under Section 122.038 or 122.070 approving the voting
21-1 system and voting system equipment for use in elections and, if
21-2 applicable, of the written order issued under Section 122.095
21-3 granting conditional approval of the system or equipment.
21-4 (b) A contract that does not comply with Subsection (a) is
21-5 void. The contract may not be ratified by either party and a
21-6 payment may not be made relating to the contract.
21-7 (c) A person commits an offense if the person executes a
21-8 voting system equipment contract that does not comply with
21-9 Subsection (a). An offense under this subsection is a Class B
21-10 misdemeanor.
21-11 Sec. 123.036. VENUE FOR OFFENSES. Venue for prosecution of
21-12 an offense under this chapter is in the county in which the offense
21-13 was committed.
21-14 SECTION 44. Chapter 123, Election Code, is amended by adding
21-15 Subchapter C to read as follows:
21-16 SUBCHAPTER C. ANNUAL VOTING SYSTEM REPORT
21-17 Sec. 123.061. ANNUAL REPORT REQUIRED. (a) Each authority
21-18 adopting a voting system for use in its elections shall file an
21-19 annual report as provided by this subchapter.
21-20 (b) The report must be filed with the secretary of state in
21-21 the form prescribed by the secretary.
21-22 Sec. 123.062. FILING PERIOD. The report must be filed on or
21-23 after January 1 and before January 15.
21-24 Sec. 123.063. CONTENTS OF REPORT. The report must contain:
21-25 (1) a description of the voting system currently used
21-26 by the authority;
21-27 (2) a copy of the written order issued by the
22-1 secretary of state under Section 122.038 or 122.070 approving the
22-2 voting system and voting system equipment for use in elections and,
22-3 if applicable, of the written order issued under Section 122.095
22-4 granting conditional approval of the system or equipment; and
22-5 (3) a statement that the voting system currently used
22-6 by the authority has not been modified since the date of filing of
22-7 the authority's previous report, or if modified, that approval of
22-8 the modified design has been sought under Subchapter C, Chapter
22-9 122.
22-10 Sec. 123.064. REVIEW OF REPORT. (a) The secretary of state
22-11 shall review each report filed under this subchapter not later than
22-12 the 30th day after the date of the filing deadline for the report.
22-13 (b) The secretary of state shall deliver a written
22-14 delinquency notice to each authority that filed a report covering
22-15 the previous reporting period but that fails to file a report
22-16 covering the current reporting period.
22-17 (c) The secretary of state may deliver to the attorney
22-18 general the name of each authority that fails to file a report
22-19 covering the current reporting period within 30 days after the date
22-20 of receipt of a delinquency notice.
22-21 Sec. 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney
22-22 general may seek a writ of mandamus to compel the filing of a
22-23 report by each authority that fails to comply with this subchapter.
22-24 Sec. 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
22-25 OF STATE. The secretary of state may prescribe any procedures
22-26 necessary to implement this subchapter.
22-27 SECTION 45. Section 124.062, Election Code, is amended by
23-1 adding Subsection (d) to read as follows:
23-2 (d) In an election in which a punch-card ballot is used and
23-3 straight-party voting is permitted, the secretary of state shall
23-4 assign a uniform number position on the ballot to each political
23-5 party to correspond to a straight-party vote.
23-6 SECTION 46. Section 124.063, Election Code, is amended by
23-7 adding a new Subsection (d) and by relettering the subsequent
23-8 subsections to read as follows:
23-9 (d) An electronic system ballot on which a voter indicates a
23-10 vote by punching a hole in the ballot must contain the following
23-11 instruction following the other required instructions: "Check your
23-12 ballot after voting to make sure that the holes are actually
23-13 punched through."
23-14 (e) <(d)> The electronic system ballot must contain
23-15 instructions for casting a write-in vote. The secretary of state
23-16 shall prescribe the wording of the instructions.
23-17 (f) <(e)> The electronic system ballot for an election in
23-18 which straight-party voting is allowed must contain the instruction
23-19 prescribed by Section 52.071(b) with the language relating to
23-20 placing an "X" in the party square changed as appropriate to
23-21 accommodate the method by which the voter indicates a vote.
23-22 (g) <(f)> The instructions required by this section may be
23-23 placed on the punch-card ballot label instead of on the punch-card
23-24 ballot.
23-25 SECTION 47. Section 127.002(d), Election Code, is amended to
23-26 read as follows:
23-27 (d) The general custodian of election records is eligible
24-1 for appointment notwithstanding the custodian's status as a
24-2 candidate or officeholder.
24-3 SECTION 48. Section 127.005(b), Election Code, is amended to
24-4 read as follows:
24-5 (b) Except as otherwise provided by this section, the
24-6 eligibility requirements prescribed by this code for precinct
24-7 presiding judges apply to a presiding judge of a central counting
24-8 station. To be eligible to serve as a judge under this section, a
24-9 person must be a qualified voter of the political subdivision
24-10 served by the authority adopting the voting system. The general
24-11 custodian of election records and employees of the custodian are
24-12 eligible to serve as a judge under this section notwithstanding the
24-13 custodian's status as a candidate or officeholder.
24-14 SECTION 49. Section 127.096(a), Election Code, is amended to
24-15 read as follows:
24-16 (a) The custodian of the automatic tabulating equipment
24-17 <presiding judge of the central counting station> shall publish
24-18 notice of the date, hour, <time> and place of the test conducted
24-19 under Section 127.093(b) in a newspaper, as provided by general law
24-20 for official publications by political subdivisions, at least 48
24-21 hours before the date of the test.
24-22 SECTION 50. Sections 127.126(d) and (e), Election Code, are
24-23 amended to read as follows:
24-24 (d) A procedure other than duplication may not be used to
24-25 process a ballot subject to this section unless the procedure is
24-26 expressly authorized by the secretary of state.
24-27 (e) Each duplicate ballot must be clearly labeled
25-1 "Duplicate" and must bear the serial number of the original ballot.
25-2 (f) <(e)> The duplicate shall be substituted for the
25-3 original ballot in the ballots prepared for automatic counting.
25-4 The original shall be preserved with the other voted ballots for
25-5 the same period.
25-6 SECTION 51. Section 127.130, Election Code, is amended by
25-7 adding Subsections (d) and (e) to read as follows:
25-8 (d) Subject to Subsection (e), in any manual count conducted
25-9 under this code, a vote on a ballot on which a voter indicates a
25-10 vote by punching a hole in the ballot may not be counted unless:
25-11 (1) at least two corners of the chad are detached;
25-12 (2) light is visible through the hole;
25-13 (3) an indentation on the chad from the stylus or
25-14 other object is present and indicates a clearly ascertainable
25-15 intent of the voter to vote; or
25-16 (4) the chad reflects by other means a clearly
25-17 ascertainable intent of the voter to vote.
25-18 (e) Subsection (d) does not supersede any clearly
25-19 ascertainable intent of the voter.
25-20 SECTION 52. Section 127.201, Election Code, is amended to
25-21 read as follows:
25-22 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
25-23 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
25-24 tabulation of electronic voting system results, the general
25-25 custodian of election records shall conduct a manual count of all
25-26 the races in at least one percent of the election precincts or in
25-27 three precincts, whichever is greater, in which the electronic
26-1 voting system was used. Except as provided by Subsection (b), the
26-2 <The> custodian shall select the precincts at random and shall
26-3 begin the count not later than 72 hours after the polls close.
26-4 (b) In a general election for state and county officers,
26-5 primary election, or election on a proposed amendment to the state
26-6 constitution or other statewide measure submitted by the
26-7 legislature, the secretary of state may select, in accordance with
26-8 rules adopted by the secretary, the precincts to be counted under
26-9 Subsection (a). The secretary may designate particular offices or
26-10 measures to be counted in the selected precincts. The secretary
26-11 shall notify the general custodian of election records of the
26-12 precincts, offices, and measures selected under this subsection not
26-13 earlier than the day after election day.
26-14 (c) <(b)> Each candidate in the election is entitled to be
26-15 present at the count and is entitled to have a representative
26-16 present.
26-17 (d) <(c)> Not later than the third day after the date the
26-18 count is completed, the general custodian of election records shall
26-19 deliver a written report of the results of the count to the
26-20 secretary of state.
26-21 (e) <(d)> The secretary of state at any time may waive or
26-22 reinstate the requirements of this section for a particular
26-23 political subdivision.
26-24 SECTION 53. Section 141.032, Election Code, is amended by
26-25 adding Subsection (f) to read as follows:
26-26 (f) This section does not apply to a determination of a
26-27 candidate's eligibility.
27-1 SECTION 54. Section 141.034, Election Code, is amended to
27-2 read as follows:
27-3 Sec. 141.034. Limitation on Challenge of Application. (a)
27-4 An application for a place on the ballot may not be challenged for
27-5 compliance with the applicable requirements as to form, content,
27-6 and procedure after the day before the beginning of early voting by
27-7 personal appearance for the election for which the application is
27-8 made.
27-9 (b) This section does not apply to a determination of a
27-10 candidate's eligibility.
27-11 SECTION 55. Section 145.003, Election Code, is amended to
27-12 read as follows:
27-13 Sec. 145.003. Administrative Declaration of Ineligibility.
27-14 (a) Except for a judicial action in which a candidate's
27-15 eligibility is in issue, a candidate may be declared ineligible
27-16 only as provided by this section.
27-17 (b) A candidate in the general election for state and county
27-18 officers may be declared ineligible before the 30th day preceding
27-19 election day by:
27-20 (1) the party officer responsible for certifying the
27-21 candidate's name for placement on the general election ballot, in
27-22 the case of a candidate who is a political party's nominee; or
27-23 (2) the authority with whom the candidate's
27-24 application for a place on the ballot is required to be filed, in
27-25 the case of an independent candidate.
27-26 (c) A candidate in an election other than the general
27-27 election for state and county officers may be declared ineligible
28-1 before the beginning of early voting by personal appearance by the
28-2 authority with whom an application for a place on the ballot for
28-3 the office sought by the candidate is required to be filed.
28-4 (d) The presiding officer of the final canvassing authority
28-5 for the office sought by a candidate may declare the candidate
28-6 ineligible after the polls close on election day and, except as
28-7 provided by Subsection (e), before a certificate of election is
28-8 issued.
28-9 (e) In the case of a candidate for governor or lieutenant
28-10 governor, a declaration of ineligibility by the final canvassing
28-11 authority's presiding officer may not be made after the final
28-12 canvass for that office is completed.
28-13 (f) A candidate may be declared ineligible only if:
28-14 (1) the information on the candidate's application for
28-15 a place on the ballot indicates that the candidate is ineligible
28-16 for the office; or
28-17 (2) facts indicating that the candidate is ineligible
28-18 are conclusively established by another public record.
28-19 (g) When presented with an application for a place on the
28-20 ballot or another public record containing information pertinent to
28-21 a candidate's eligibility, the appropriate authority shall promptly
28-22 review the record. If the authority determines that the record
28-23 establishes ineligibility as provided by Subsection (f), the
28-24 authority shall declare the candidate ineligible.
28-25 (h) <(g)> If a candidate is declared ineligible after the
28-26 deadline for omitting an ineligible candidate's name from the
28-27 ballot, the authority making the declaration shall promptly certify
29-1 in writing the declaration of ineligibility to the canvassing
29-2 authority for the election.
29-3 (i) <(h)> If a candidate is declared ineligible, the
29-4 authority making the declaration shall promptly give written notice
29-5 of the declaration of ineligibility to the candidate.
29-6 SECTION 56. Subchapter A, Chapter 145, Election Code, is
29-7 amended by adding Section 145.006 to read as follows:
29-8 Sec. 145.006. INELIGIBILITY DEADLINE EXTENDED BY WEEKEND OR
29-9 HOLIDAY. Section 1.006 applies to the last day on which a
29-10 candidate may be declared ineligible to cause the candidate's name
29-11 to be omitted from the ballot.
29-12 SECTION 57. Section 146.023(c), Election Code, is amended to
29-13 read as follows:
29-14 (c) A candidate may not file a declaration of write-in
29-15 candidacy for more than one office. If a person files more than
29-16 one declaration of write-in candidacy in violation of this
29-17 subsection, each declaration filed subsequent to the first one
29-18 filed is invalid.
29-19 (d) A declaration of write-in candidacy is public
29-20 information immediately on its filing.
29-21 SECTION 58. Section 146.025, Election Code, is amended to
29-22 read as follows:
29-23 Sec. 146.025. FILING PERIOD <DEADLINE>. (a) A declaration
29-24 of write-in candidacy must be filed not later than 5 p.m. of the
29-25 60th day before general election day, except as otherwise provided
29-26 by this code. A declaration may not be filed earlier than the 30th
29-27 day before the date of the regular filing deadline.
30-1 (b) If a candidate whose name is to appear on the general
30-2 election ballot dies or is declared ineligible after the third day
30-3 before the date of the filing deadline prescribed by Subsection
30-4 (a), a declaration of write-in candidacy for the office sought by
30-5 the deceased or ineligible candidate may be filed not later than 5
30-6 p.m. of the 57th day before election day.
30-7 (c) A declaration of write-in candidacy filed by mail is
30-8 considered to be filed at the time of its receipt by the
30-9 appropriate authority.
30-10 SECTION 59. Section 146.030, Election Code, is amended to
30-11 read as follows:
30-12 Sec. 146.030. <INELIGIBLE> CANDIDATE NOT CERTIFIED. A
30-13 write-in candidate may not be certified for placement on the list
30-14 of write-in candidates if:
30-15 (1) the information on the candidate's declaration of
30-16 write-in candidacy indicates that the candidate is ineligible for
30-17 the office;
30-18 (2) facts indicating that the candidate is ineligible
30-19 are conclusively established by another public record; <or>
30-20 (3) the candidate is determined ineligible by a final
30-21 judgment of a court;
30-22 (4) the candidate's declaration of write-in candidacy
30-23 is invalid for the office under Section 146.023(c); or
30-24 (5) the certifying authority learns that the
30-25 candidate's name is to be omitted from the list under Section
30-26 146.0301.
30-27 SECTION 60. Subchapter B, Chapter 146, Election Code, is
31-1 amended by adding Section 146.0301 to read as follows:
31-2 Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE. (a) A
31-3 write-in candidate may not withdraw from the election after the
31-4 46th day before election day.
31-5 (b) To withdraw from the election, a write-in candidate must
31-6 file a written withdrawal request, signed and acknowledged by the
31-7 candidate, with the authority with whom the candidate's declaration
31-8 of write-in candidacy is required to be filed.
31-9 (c) A withdrawal request filed by mail is considered to be
31-10 filed at the time of its receipt by the appropriate authority.
31-11 (d) A candidate's name shall be omitted from the list of
31-12 write-in candidates if the candidate withdraws on or before the
31-13 46th day before election day.
31-14 (e) Not later than the day after the date the withdrawal
31-15 request is received, the appropriate authority shall deliver a
31-16 written notice of the withdrawal of any candidate previously
31-17 certified under Section 146.029 to the same authority to whom the
31-18 certification was delivered.
31-19 SECTION 61. Sections 146.031(b), (c), and (d), Election
31-20 Code, are amended to read as follows:
31-21 (b) A write-in candidate's name may not appear more than
31-22 once on the list.
31-23 (c) Copies of the list shall be distributed to the counting
31-24 officers in the election for use in counting write-in votes.
31-25 (d) <(c)> Copies of the list shall be distributed to each
31-26 presiding election judge with the other election supplies. A copy
31-27 of the list shall be posted in each polling place at each place
32-1 where an instruction poster is required to be posted.
32-2 (e) <(d)> The authority responsible for having the official
32-3 ballot prepared shall retain a copy of the list and preserve it for
32-4 the period for preserving the precinct election records.
32-5 SECTION 62. Section 171.022(a), Election Code, is amended to
32-6 read as follows:
32-7 (a) A county executive committee consists of:
32-8 (1) a county chairman, who is the presiding officer,
32-9 elected at the general primary election by majority vote of the
32-10 qualified voters of the county who vote in the primary on that
32-11 office or appointed by the county executive committee as provided
32-12 by this subchapter; and
32-13 (2) a precinct chairman from each county election
32-14 precinct, elected at the general primary by majority vote of the
32-15 qualified voters of the precinct who vote in the primary on that
32-16 office or appointed by the county executive committee as provided
32-17 by this subchapter.
32-18 SECTION 63. Section 172.021, Election Code, is amended by
32-19 adding Subsection (f) to read as follows:
32-20 (f) A political party's state executive committee by rule
32-21 may require that an application for the office of county chairman
32-22 be accompanied by a nominating petition containing the signatures
32-23 of at least 10 percent of the incumbent precinct chairmen serving
32-24 on the county executive committee.
32-25 SECTION 64. Section 172.022(b), Election Code, is amended to
32-26 read as follows:
32-27 (b) Not later than the day before the last day of the filing
33-1 period, the county chairman shall post on the bulletin board used
33-2 for posting notice of meetings of the commissioners court a notice
33-3 of the address at which the county chairman or secretary will be
33-4 available to receive applications on the last day of the filing
33-5 period. Section 1.006 does not apply to this subsection.
33-6 SECTION 65. Section 172.116(b), Election Code, is amended to
33-7 read as follows:
33-8 (b) The committee shall convene to conduct the local canvass
33-9 at the county seat not earlier than 6 p.m. on the first Thursday or
33-10 later than 1 p.m. on the first Friday after election day at the
33-11 hour specified by the county chairman.
33-12 SECTION 66. Subchapter E, Chapter 172, Election Code, is
33-13 amended by adding Section 172.125 to read as follows:
33-14 Sec. 172.125. ADDITIONAL PROCEDURE FOR ACCEPTING VOTERS IN
33-15 RUNOFF. (a) For a runoff primary election, the voter registrar
33-16 shall enter on the list of registered voters a notation beside each
33-17 voter's name indicating the preceding party primary for which the
33-18 voter was accepted for voting, if any.
33-19 (b) An election officer at a runoff primary election polling
33-20 place shall determine whether the name of a voter offering to vote
33-21 is noted on the list as having been accepted for voting in another
33-22 party's primary. If the voter's name is so noted, the voter may
33-23 not be accepted for voting at the runoff unless the voter executes
33-24 an affidavit stating that the voter did not vote in the primary or
33-25 participate in a convention of another party during the same voting
33-26 year.
33-27 SECTION 67. Subchapter D, Chapter 173, Election Code, is
34-1 amended by adding Section 173.0831 to read as follows:
34-2 Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS. (a)
34-3 Not later than the 30th day before the beginning date of the
34-4 regular filing period for public offices in the general primary
34-5 election, a county chairman may submit to the secretary of state a
34-6 written statement of estimated primary election expenses.
34-7 (b) Not later than the 10th day after the date the statement
34-8 is received, the secretary of state shall have disbursed to the
34-9 county chairman start-up funds in an amount equal to 10 percent of
34-10 the amount approved for and expended by the county chairman and
34-11 executive committee in the preceding general primary election.
34-12 SECTION 68. Section 173.084, Election Code, is amended by
34-13 amending Subsection (b) and adding Subsection (d) to read as
34-14 follows:
34-15 (b) The authority preparing the report shall file it with
34-16 the secretary of state not later than the 30th <20th> day after
34-17 runoff primary election day or not later than the 30th <20th> day
34-18 after general primary election day if no runoff primary is held in
34-19 the county, in the case of the county chairman's report, or if no
34-20 runoff primary is held for a statewide or district office, in the
34-21 case of the state chairman's report. The secretary for good cause
34-22 may extend the filing deadline.
34-23 (d) Any compensation claimed under Section 173.004 may be
34-24 forfeited on the failure of a county chairman to file a timely
34-25 report.
34-26 SECTION 69. Subchapter A, Chapter 181, Election Code, is
34-27 amended by adding Section 181.0041 to read as follows:
35-1 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
35-2 party that intends to make nominations under this chapter for the
35-3 general election for state and county officers must register with
35-4 the secretary of state, in the manner prescribed by the secretary,
35-5 not later than January 2 of the election year.
35-6 SECTION 70. Section 201.027, Election Code, is amended to
35-7 read as follows:
35-8 Sec. 201.027. New Office. If a new office is created, a
35-9 vacancy occurs on the effective date of the Act of the legislature
35-10 <statute> creating the office or on the date the order creating the
35-11 office is adopted.
35-12 SECTION 71. Section 202.003, Election Code, is amended to
35-13 read as follows:
35-14 Sec. 202.003. New Office. (a) Subject to Subsection (b),
35-15 an <An> election for the first full term of an office for which no
35-16 previous election has been held is governed by the same provisions
35-17 as an election for the remainder of an unexpired term, and for that
35-18 purpose, references in this chapter to an unexpired term include a
35-19 full term in the case of those offices.
35-20 (b) If an Act of the legislature creating an office
35-21 prescribes a date of creation that is later than the effective date
35-22 of the Act, and if an authority authorized to create the office at
35-23 an earlier date has not done so, the office shall appear on the
35-24 ballot as follows:
35-25 (1) if the date of creation occurs in an even-numbered
35-26 year, the office appears on the ballot in that even-numbered year;
35-27 (2) if the date of creation occurs on or before March
36-1 1 of an odd-numbered year, the office appears on the ballot in the
36-2 preceding even-numbered year; and
36-3 (3) if the date of creation occurs after March 1 of an
36-4 odd-numbered year, the office appears on the ballot in the
36-5 subsequent even-numbered year.
36-6 SECTION 72. Sections 203.012(b) and (c), Election Code, are
36-7 amended to read as follows:
36-8 (b) The governor shall conduct the state canvass not later
36-9 than the seventh day after election day.
36-10 (c) The secretary of state shall post, on the bulletin board
36-11 used for posting notice of meetings of state governmental bodies, a
36-12 notice of the date, hour, and place of the canvass at least 24
36-13 hours before the canvass is conducted.
36-14 (d) Section 1.006 does not apply to this section.
36-15 SECTION 73. Section 213.005(a), Election Code, is amended to
36-16 conform to Section 3, Chapter 288, Acts of the 71st Legislature,
36-17 Regular Session, 1989, to read as follows:
36-18 (a) A recount committee in a recount other than a recount on
36-19 automatic tabulating equipment shall function as one or more
36-20 counting teams composed of three members each. The recount
36-21 coordinator may <shall> appoint one member of each team.
36-22 SECTION 74. Section 213.013(i), Election Code, is amended to
36-23 read as follows:
36-24 (i) No mechanical or electronic means of recording images or
36-25 sound are allowed inside the room in which the recount is
36-26 conducted, or in any hallway or corridor in the building in which
36-27 the recount is conducted within 30 feet of the entrance to the
37-1 room, while the recount is in progress. However, on request of a
37-2 person entitled to appoint representatives to serve at the recount,
37-3 the recount committee chairman shall permit the person to photocopy
37-4 under the chairman's supervision any ballot, including any
37-5 supporting materials, challenged by the person or person's
37-6 representative. The person must pay a reasonable charge for making
37-7 the copies and, if no photocopying equipment is available, may
37-8 supply that equipment at the person's expense. The person shall
37-9 provide a copy on request to another person entitled to appoint
37-10 representatives to serve at the recount.
37-11 SECTION 75. Section 214.002(b), Election Code, is amended to
37-12 read as follows:
37-13 (b) The count shall be made, and the correctness of the
37-14 tally lists shall be certified, in the same manner as an original
37-15 count of regular paper ballots, except that:
37-16 (1) only two tally lists are prepared; and
37-17 (2) Section 127.130(d) applies to a count of
37-18 punch-card ballots.
37-19 SECTION 76. Section 271.006(b), Election Code, is amended to
37-20 read as follows:
37-21 (b) The joint early voting shall be conducted at the early
37-22 voting polling place or places at which and during the hours,
37-23 including any extended or weekend hours, that the early voting
37-24 clerk regularly conducts early voting for the clerk's political
37-25 subdivision.
37-26 SECTION 77. Section 273.001, Election Code, is amended by
37-27 amending Subsection (b) and adding Subsection (d) to read as
38-1 follows:
38-2 (b) A district or county attorney having jurisdiction or the
38-3 attorney general may conduct an investigation on the officer's
38-4 <his> own initiative to determine if criminal conduct occurred in
38-5 connection with an election. <The attorney general may conduct
38-6 such an investigation in connection with an election covering
38-7 territory in more than one county.>
38-8 (d) On referral of a complaint from the secretary of state
38-9 under Section 31.006, the attorney general may investigate the
38-10 allegations.
38-11 SECTION 78. Section 273.021(a), Election Code, is amended to
38-12 read as follows:
38-13 (a) The attorney general may prosecute a criminal offense
38-14 prescribed by the election laws of this state <if the offense
38-15 occurs in connection with an election covering territory in more
38-16 than one county>.
38-17 SECTION 79. Sections 276.004(a) and (b), Election Code, are
38-18 amended to read as follows:
38-19 (a) A person commits an offense if, with respect to another
38-20 person over whom the person has authority in the scope of
38-21 employment, the person knowingly:
38-22 (1) refuses to permit the other person to be absent
38-23 from work on election day for the purpose of attending the polls to
38-24 vote; or
38-25 (2) subjects or threatens to subject the other person
38-26 to a penalty for attending the polls on election day to vote.
38-27 (b) It is an exception to the application of this section
39-1 that the person's conduct occurs in connection with an election in
39-2 which the polls are open on election day for voting for two
39-3 consecutive hours outside of the voter's working hours.
39-4 SECTION 80. Section 277.001, Election Code, is amended to
39-5 read as follows:
39-6 Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
39-7 applies to a petition authorized or required to be filed under a
39-8 law outside this code in connection with an election, except a
39-9 petition for<:>
39-10 <(1)> a local option election held under the Alcoholic
39-11 Beverage Code<; or>
39-12 <(2) an election held under Section 26.07 or 26.08,
39-13 Tax Code>.
39-14 SECTION 81. Section 277.002, Election Code, is amended by
39-15 amending Subsection (b) and adding Subsections (c), (d), and (e) to
39-16 read as follows:
39-17 (b) The signature is the only information that <A voter
39-18 registration number> is <not> required to appear on the petition in
39-19 the signer's own handwriting.
39-20 (c) The use of ditto marks or abbreviations does not
39-21 invalidate a signature if the required information is reasonably
39-22 ascertainable.
39-23 (d) The omission of the state from the signer's residence
39-24 address does not invalidate a signature unless the political
39-25 subdivision from which the signature is obtained is situated in
39-26 more than one state.
39-27 (e) A petition signature is invalid if the signer signed the
40-1 petition earlier than the 180th day before the date the petition is
40-2 filed.
40-3 SECTION 82. Chapter 277, Election Code, is amended by adding
40-4 Sections 277.0022 and 277.0023 to read as follows:
40-5 Sec. 277.0022. WITHDRAWAL OF SIGNATURE. (a) A signer may
40-6 not withdraw the signature from a petition on or after the date the
40-7 petition is received by the authority with whom it is required to
40-8 be filed. Before that date, a signer may withdraw the signature by
40-9 deleting the signature from the petition or by filing with the
40-10 authority with whom the petition is required to be filed an
40-11 affidavit requesting that the signature be withdrawn from the
40-12 petition.
40-13 (b) A withdrawal affidavit filed by mail is considered to be
40-14 filed at the time of its receipt by the appropriate authority.
40-15 (c) The withdrawal of a signature nullifies the signature on
40-16 the petition and places the signer in the same position as if the
40-17 signer had not signed the petition.
40-18 Sec. 277.0023. SUPPLEMENTING PETITION. (a) Except as
40-19 provided by Subsection (b), a petition may not be supplemented,
40-20 modified, or amended on or after the date it is received by the
40-21 authority with whom it is required to be filed unless expressly
40-22 authorized by law.
40-23 (b) If a petition is required to be filed by a specified
40-24 deadline, the petitioner may file one supplementary petition by
40-25 that deadline if the original petition contains a number of
40-26 signatures that exceeds the required minimum number by 10 percent
40-27 or more and is received by the authority with whom it is required
41-1 to be filed not later than the 10th day before the date of the
41-2 deadline. The authority shall notify the petitioner as to the
41-3 sufficiency of the petition not later than the fifth regular
41-4 business day after the date of its receipt.
41-5 SECTION 83. Section 26.07(b), Tax Code, is amended to read
41-6 as follows:
41-7 (b) A petition is valid only if:
41-8 (1) it states that it is intended to require an
41-9 election in the taxing unit on the question of reducing the tax
41-10 rate for the current year;
41-11 (2) it is signed by a number of registered <qualified>
41-12 voters of the taxing unit equal to at least 10 percent of the
41-13 number of registered <qualified> voters of the taxing unit
41-14 according to the most recent official list of registered
41-15 <qualified> voters <not counting the signatures of voters gathered
41-16 by a person who received compensation for circulating the
41-17 petition>; and
41-18 (3) it is submitted to the governing body on or before
41-19 the 90th day after the date on which the governing body adopted the
41-20 tax rate for the current year.
41-21 SECTION 84. Section 26.08(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 school district on the question of limiting the tax
41-26 rate for the following year;
41-27 (2) it is signed by a number of registered <qualified>
42-1 voters of the school district equal to at least 10 percent of the
42-2 number of registered <qualified> voters of the district according
42-3 to the most recent official list of registered <qualified> voters
42-4 <not counting the signatures of voters gathered by a person who
42-5 received compensation for circulating the petition>; and
42-6 (3) it is submitted to the governing body on or before
42-7 the 90th day after the date on which the governing body adopted the
42-8 tax rate for the current year.
42-9 SECTION 85. Section 26.085(b), Tax Code, is amended to read
42-10 as follows:
42-11 (b) A petition is valid only if:
42-12 (1) it states that it is intended to require an
42-13 election on the question of limiting the amount of school district
42-14 tax funds to be dedicated to the junior college district for the
42-15 current 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 school district
42-19 according to the most recent official list of registered
42-20 <qualified> voters<, not counting the signatures of voters gathered
42-21 by a person who received compensation for circulating the
42-22 petition>; and
42-23 (3) it is submitted to the governing body on or before
42-24 the 90th day after the date on which the governing body made the
42-25 dedication to the junior college district.
42-26 SECTION 86. Sections 130.033(b), (c), and (d), Education
42-27 Code, are amended to read as follows:
43-1 (b) In the case of a union junior college district, the
43-2 petition shall be signed by not fewer than 10 percent of the
43-3 registered voters <qualified taxpaying electors> of each of the
43-4 school districts within the territory of the proposed junior
43-5 college district and shall be presented to the county school board
43-6 or county school boards of the respective counties if the territory
43-7 encompasses more than one county; but if there is no county school
43-8 board, the petition shall be presented to the commissioners court
43-9 of the county or counties involved.
43-10 (c) In the case of a county junior college district, the
43-11 petition shall be signed by not fewer than 10 percent of the
43-12 registered voters <qualified taxpaying electors> of the proposed
43-13 college district and shall be presented to the county school board
43-14 of the county; but if there is no county school board, the petition
43-15 shall be presented to the commissioners court of the county.
43-16 (d) In case of a joint-county junior college district, the
43-17 petition shall be signed by not fewer than 10 percent of the
43-18 registered voters <qualified taxpaying electors> of each of the
43-19 proposed counties and shall be presented to the respective county
43-20 school boards of the counties to be included in the proposed
43-21 district; in case there is no county school board, the petition
43-22 shall be presented to the commissioners court of the county or
43-23 counties involved.
43-24 SECTION 87. Sections 130.062(b) and (c), Education Code, are
43-25 amended to read as follows:
43-26 (b) A petition requesting that such territory be added to
43-27 the junior college district signed by a majority of the registered
44-1 <qualified property taxpaying> voters of the territory may be
44-2 presented to the governing board of the junior college district.
44-3 (c) The board shall determine whether the petition is signed
44-4 by the required majority<, based upon the latest approved tax rolls
44-5 of the independent school district,> and if such determination is
44-6 affirmative and if the board shall also determine that the
44-7 facilities of the junior college district may be extended to cover
44-8 adequately the scholastics of the added territory, the board shall
44-9 pass an order admitting such territory. The order shall describe
44-10 by metes and bounds the junior college district as extended; and a
44-11 copy of the order shall be filed with the county superintendent.
44-12 Thereafter, the territory shall be a part of the junior college
44-13 district for all intents and purposes.
44-14 SECTION 88. Section 130.065(a), Education Code, is amended
44-15 to read as follows:
44-16 (a) If the annexation is by election, a petition signed by
44-17 five percent of the registered voters <property taxpaying electors>
44-18 in the territory seeking to be annexed shall be presented to the
44-19 county school board of the county, or to the commissioners court of
44-20 the county in case there is no county school board.
44-21 SECTION 89. Section 130.070(b), Education Code, is amended
44-22 to read as follows:
44-23 (b) The proposed disannexation and creation of a separate
44-24 junior college district shall be initiated by a petition signed by
44-25 not less than five percent (5%) of the registered voters <qualified
44-26 taxpaying electors> of the independent school district seeking
44-27 disannexation. The petition shall be presented to the board of
45-1 trustees of the independent school district seeking to be
45-2 disannexed, which shall pass upon the legality and genuineness of
45-3 the petition and forward the petition, if approved, to the
45-4 coordinating board.
45-5 SECTION 90. Section 251.51(a), Alcoholic Beverage Code, is
45-6 amended to read as follows:
45-7 (a) The <On the fifth day after the election, or as soon
45-8 after the fifth day as practicable, the> commissioners court shall
45-9 <meet in special session to> canvass the returns in accordance with
45-10 Chapter 67, Election Code. On completing the canvass, the
45-11 commissioners court shall make an order declaring the result and
45-12 cause the clerk of the commissioners court to record the order as
45-13 provided by law.
45-14 SECTION 91. (a) Any authority that acquired the equipment
45-15 necessary for operating a voting system before the effective date
45-16 of this Act shall promptly obtain the documents required by Section
45-17 123.035, Election Code, as added by this Act.
45-18 (b) An authority that fails to obtain the documents before
45-19 September 1, 1994, may not use the voting system in a future
45-20 election.
45-21 (c) The attorney general may seek a writ of injunction to
45-22 prevent a violation of Subsection (b) of this section. The
45-23 injunction shall be granted unless the authority:
45-24 (1) produces the necessary documentation in court; or
45-25 (2) proves that it submitted a written request for the
45-26 necessary documentation from the secretary of state not later than
45-27 three months after the effective date of this Act and that the
46-1 secretary has failed to respond to that request.
46-2 (d) If a writ of injunction is denied under Subsection
46-3 (c)(2) of this section, the attorney general shall seek a writ of
46-4 mandamus to compel the secretary of state to respond to the request
46-5 made by the authority.
46-6 (e) The changes in law made by this Act apply only to a
46-7 voting system equipment contract that is executed or renewed on or
46-8 after the effective date of this Act. A contract that was executed
46-9 and in force before that date is governed by the law as it existed
46-10 on the date of execution, and that law is continued in effect for
46-11 that purpose.
46-12 SECTION 92. For the primary election held in 1994, a written
46-13 statement may be submitted under Section 173.0831, as added by this
46-14 Act, not later than the 10th day after the effective date of this
46-15 Act.
46-16 SECTION 93. Section 276.002, Election Code, is repealed.
46-17 SECTION 94. This Act takes effect September 1, 1993.
46-18 SECTION 95. The importance of this legislation and the
46-19 crowded condition of the calendars in both houses create an
46-20 emergency and an imperative public necessity that the
46-21 constitutional rule requiring bills to be read on three several
46-22 days in each house be suspended, and this rule is hereby suspended.