1-1 By: Danburg, et al. (Senate Sponsor - Carriker) H.B. No. 75
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Subcommittee on
1-4 Elections and Ethics; May 22, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 4, Nays
1-6 0; May 22, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Carriker x
1-10 Harris of Dallas x
1-11 Ellis x
1-12 Henderson x
1-13 Luna x
1-14 Parker x
1-15 Wentworth x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 75 By: Carriker
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to certain election processes and procedures; providing
1-20 criminal penalties.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 1.012, Election Code, is amended by
1-23 adding Subsection (c) to read as follows:
1-24 (c) Except as otherwise provided by this code or the open
1-25 records law, Chapter 424, Acts of the 63rd Legislature, Regular
1-26 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
1-27 all election records are public information.
1-28 SECTION 2. Section 2.025, Election Code, is amended to read
1-29 as follows:
1-30 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as provided by
1-31 Subsection (b), a <A> runoff election shall be held not earlier
1-32 than the 20th <day> or later than the 30th day after the date the
1-33 final canvass of the main election is completed.
1-34 (b) A runoff election may be held after the period
1-35 prescribed by law but not later than the 45th day after the date
1-36 the final canvass of the main election is completed only to:
1-37 (1) permit a joint runoff election to be held with
1-38 another political subdivision in accordance with Chapter 271; or
1-39 (2) avoid holding the runoff on:
1-40 (A) a legal state or national holiday; or
1-41 (B) a weekend day within three days of a legal
1-42 state or national holiday.
1-43 (c) Subsection (b) supersedes a law outside this subchapter
1-44 to the extent of a conflict notwithstanding Section 2.022.
1-45 SECTION 3. Section 18.001(b), Election Code, is amended to
1-46 read as follows:
1-47 (b) On request of the authority responsible for procuring
1-48 election supplies for an election authorized by law to be held in
1-49 the county during the voting year for which the lists are prepared,
1-50 the registrar shall furnish to the authority a list for each county
1-51 election precinct wholly <or partly> in the territory covered by
1-52 the election. On request of the authority for an election in which
1-53 a county election precinct is partly in the political subdivision
1-54 or partly in a territorial unit of the political subdivision from
1-55 which a member of the subdivision's governing body is elected by
1-56 only the voters residing in that unit, the registrar shall furnish
1-57 for each partly included county election precinct a list that
1-58 contains only the names of voters who reside in the political
1-59 subdivision or territorial unit, as applicable. The request for
1-60 restricted lists must be accompanied by a description or map of the
1-61 applicable boundary of the political subdivision or territorial
1-62 unit that is in sufficient detail to enable the registrar to
1-63 prepare the requested lists. The request must be delivered early
1-64 enough to afford the registrar reasonable time to prepare timely
1-65 lists.
1-66 SECTION 4. Subchapter A, Chapter 31, Election Code, is
1-67 amended by adding Sections 31.006 and 31.007 to read as follows:
1-68 Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. If,
2-1 after receiving a complaint alleging criminal conduct in connection
2-2 with an election, the secretary of state determines that there is
2-3 reasonable cause to suspect that the alleged criminal conduct
2-4 occurred, the secretary shall promptly refer the complaint to the
2-5 attorney general. The secretary shall deliver to the attorney
2-6 general all pertinent documents in the secretary's possession.
2-7 Sec. 31.007. GIFTS AND GRANTS. The secretary of state may
2-8 accept gifts, grants, and donations from any public or private
2-9 entity for the purpose of funding any duties or functions of the
2-10 secretary under this code or any election processes or procedures
2-11 authorized by law.
2-12 SECTION 5. Section 31.122, Election Code, is amended to read
2-13 as follows:
2-14 Sec. 31.122. Office Hours of Election Authority During
2-15 Election Period. Except as provided by Section 31.123, each county
2-16 clerk, city secretary, or secretary of the governing body of a
2-17 political subdivision other than a county or city or the authority
2-18 performing the duties of a secretary under this code shall keep
2-19 that officer's <his> office open for election duties for at least
2-20 three hours each day, during regular office hours, on regular
2-21 business days during the period:
2-22 (1) beginning not later than the 50th <40th> day
2-23 before the date of each general election of the political
2-24 subdivision or the third day after the date a special election is
2-25 ordered by an authority of the political subdivision; and
2-26 (2) ending not earlier than the 40th day after
2-27 election day.
2-28 SECTION 6. Subchapter C, Chapter 32, Election Code, is
2-29 amended by adding Section 32.0551 to read as follows:
2-30 Sec. 32.0551. INELIGIBILITY OF CAMPAIGN MANAGER. (a) A
2-31 person is ineligible to serve as an election judge or clerk in an
2-32 election if the person is a campaign manager of a candidate in that
2-33 election.
2-34 (b) In this section:
2-35 (1) "Campaign manager" means:
2-36 (A) the person who directs, with or without
2-37 compensation, the day-to-day operations of a candidate's election
2-38 campaign; or
2-39 (B) each person who directs, with or without
2-40 compensation, a substantial portion of the day-to-day operations of
2-41 a candidate's election campaign if no single person performs that
2-42 function.
2-43 (2) "Candidate" means a person who has taken
2-44 affirmative action, as described by the law regulating political
2-45 funds and campaigns, for the purpose of gaining nomination or
2-46 election.
2-47 SECTION 7. Section 32.091(a), Election Code, is amended to
2-48 read as follows:
2-49 (a) An election judge or clerk is entitled to compensation
2-50 for services rendered at a precinct polling place at an hourly rate
2-51 not to exceed $6 <$5>.
2-52 SECTION 8. Section 33.006(b), Election Code, is amended to
2-53 read as follows:
2-54 (b) A certificate of appointment must:
2-55 (1) be in writing and signed by the appointing
2-56 authority or, for an appointment for a write-in candidate, by each
2-57 of the voters making the appointment;
2-58 (2) indicate the capacity in which the appointing
2-59 authority is acting;
2-60 (3) state the name, residence address, and voter
2-61 registration number of the appointee and be signed by the
2-62 appointee;
2-63 (4) identify the election and the precinct polling
2-64 place or other location at which the appointee is to serve; <and>
2-65 (5) in an election on a measure, identify the measure
2-66 if more than one is to be voted on and state which side of the
2-67 measure the appointee represents; and
2-68 (6) contain an affidavit executed by the appointee
2-69 stating that the appointee will not have possession of any
2-70 mechanical or electronic means of recording images or sound while
3-1 serving as a watcher.
3-2 SECTION 9. Section 33.051, Election Code, is amended by
3-3 amending Subsections (b), (c), and (d) to read as follows:
3-4 (b) The officer presented with a watcher's certificate of
3-5 appointment shall require the watcher to countersign the
3-6 certificate to ensure that the watcher is the same person who
3-7 signed the certificate. Except as provided by Subsection (c), a
3-8 <A> watcher who presents himself at the proper time with a
3-9 certificate of appointment shall be accepted for service unless the
3-10 person is ineligible to serve or the number of appointees to which
3-11 the appointing authority is entitled have already been accepted.
3-12 (c) A watcher may not be accepted for service if the watcher
3-13 has possession of any mechanical or electronic means of recording
3-14 images or sound. The presiding judge may inquire whether a watcher
3-15 has possession of any prohibited recording device before accepting
3-16 the watcher for service.
3-17 (d) The certificate of a watcher serving at an early voting
3-18 polling place shall be retained at the polling place until voting
3-19 at the polling place is concluded. At each subsequent time that
3-20 the watcher reports for service, he shall inform the clerk or
3-21 deputy in charge. The officer may require the watcher to sign his
3-22 name in the officer's presence, for comparison with the signature
3-23 on the certificate, if the officer is uncertain of the watcher's
3-24 identity.
3-25 (e) <(d)> If a watcher is not accepted for service, the
3-26 certificate of appointment shall be returned to the watcher with a
3-27 signed statement of the reason for the rejection.
3-28 SECTION 10. Section 34.001(c), Election Code, is amended to
3-29 read as follows:
3-30 (c) A request under Subsection (b) must be received by the
3-31 secretary of state not later than the fourth regular business
3-32 <fifth> day before the date of the election for which the
3-33 inspectors are requested.
3-34 SECTION 11. Subchapter A, Chapter 41, Election Code, is
3-35 amended by adding Section 41.0052 to read as follows:
3-36 Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) The
3-37 governing body of a political subdivision other than a county may,
3-38 not later than December 31, 1993, change the date on which it holds
3-39 its general election for officers to another authorized uniform
3-40 election date. An election on the new date may not be held before
3-41 1994.
3-42 (b) A governing body changing an election date under this
3-43 section shall adjust the terms of office to conform to the new
3-44 election date.
3-45 SECTION 12. Section 43.033(a), Election Code, is amended to
3-46 read as follows:
3-47 (a) No charge, including a charge for personnel, utilities,
3-48 or other expenses incurred before or after regular business hours,
3-49 may be made for the use of a public building for a polling place if
3-50 the day of the election is a day on which the building is normally
3-51 open for business. If the day of the election is a day on which
3-52 the building is not normally open for business, a charge may be
3-53 made only for reimbursement for the actual expenses resulting from
3-54 use of the building in the election.
3-55 SECTION 13. Section 52.0064, Election Code, is amended by
3-56 adding Subsection (d) to read as follows:
3-57 (d) The authority responsible for having the official ballot
3-58 prepared shall prepare a record of the incorrect ballots that are
3-59 destroyed. The authority shall preserve the record for the period
3-60 for preserving the precinct election records.
3-61 SECTION 14. Section 63.009, Election Code, is amended to
3-62 read as follows:
3-63 Sec. 63.009. Voter Without Certificate Who is Not on List.
3-64 (a) A voter who does not present a voter registration certificate
3-65 when offering to vote, and whose name is not on the list of
3-66 registered voters for the precinct in which the voter <he> is
3-67 offering to vote, shall <may> be accepted for voting if:
3-68 (1) an election officer can determine from the voter
3-69 registrar that the person is a registered voter of the county,<;>
3-70 and
4-1 <(2)> the voter executes the affidavits required by
4-2 Sections 63.007 and 63.008; or
4-3 (2) the voter executes an affidavit in accordance with
4-4 Section 63.010.
4-5 (b) After the voter is accepted under Subsection (a)(1), an
4-6 election officer shall indicate beside the voter's name on the poll
4-7 list that the voter was accepted under this section.
4-8 SECTION 15. Sections 63.010(a) and (d), Election Code, are
4-9 amended to read as follows:
4-10 (a) The eligibility of a person offering to vote may be
4-11 challenged by an election officer, watcher, or any other person
4-12 lawfully in the polling place. An election officer may not refuse
4-13 to accept a voter without informing the voter of the voter's right
4-14 to vote under the challenge procedure prescribed by this section.
4-15 (d) The presiding judge shall inform a voter of a challenge
4-16 and of the issues raised by the challenge. The presiding judge may
4-17 request a voter to present proof of identification, if available.
4-18 A voter's failure to present proof of identification does not
4-19 affect the voter's right to vote under this section.
4-20 SECTION 16. Subsection (b), Section 64.002, Election Code,
4-21 is amended to read as follows:
4-22 (b) A child under 18 <10> years of age may accompany his
4-23 parent to a voting station.
4-24 SECTION 17. Section 65.007, Election Code, is amended by
4-25 amending Subsection (b) and adding Subsection (d) to read as
4-26 follows:
4-27 (b) Except as provided by Subsection (c) or (d), each
4-28 straight-party vote shall be tallied for the party receiving the
4-29 vote instead of being tallied for the individual candidates of the
4-30 party. The total number of straight-party votes tallied for each
4-31 party shall be added to the total votes received for each of the
4-32 party nominees individually.
4-33 (d) If a ballot indicates straight-party votes for more than
4-34 one party, those votes may not be tallied and a vote shall be
4-35 counted for each candidate receiving an individual vote if no other
4-36 individual votes are received in that race. If no candidate
4-37 receives an individual vote, the portion of the ballot for offices
4-38 may not be counted.
4-39 SECTION 18. Section 65.010(a), Election Code, is amended to
4-40 read as follows:
4-41 (a) The following ballots may not be counted:
4-42 (1) a ballot that is not provided to the voter at the
4-43 polling place; <or>
4-44 (2) two or more ballots that are folded together in a
4-45 manner indicating that they were folded together when deposited in
4-46 the ballot box;
4-47 (3) a write-in envelope containing a write-in vote
4-48 without an attached ballot; or
4-49 (4) a ballot that has not been deposited in the ballot
4-50 box used for the deposit of marked ballots.
4-51 SECTION 19. Section 65.011, Election Code, is amended to
4-52 read as follows:
4-53 Sec. 65.011. OVERVOTING. Except as provided by Section
4-54 65.007(c) or (d), if a voter marks the ballot for more candidates
4-55 for an office than the number of persons to be elected for that
4-56 office, none of the votes may be counted for that office.
4-57 SECTION 20. Section 66.026, Election Code, is amended to
4-58 read as follows:
4-59 Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
4-60 must contain:
4-61 (1) the original of the ballot register;
4-62 (2) the register of spoiled ballots;
4-63 (3) any spoiled ballots;
4-64 (4) any defectively printed ballots; <and>
4-65 (5) any envelope containing cancellation requests and
4-66 canceled ballots; and
4-67 (6) <(5)> any other unused ballots.
4-68 SECTION 21. Section 66.051(d), Election Code, is amended to
4-69 read as follows:
4-70 (d) The presiding judge shall deliver envelope no. 4 in
5-1 person to the voter registrar. If the voter registrar is
5-2 unavailable, the envelope shall be delivered to the general
5-3 custodian of election records, who shall deliver it to the voter
5-4 registrar on the next regular business day.
5-5 SECTION 22. Section 67.003, Election Code, is amended to
5-6 read as follows:
5-7 Sec. 67.003. TIME FOR LOCAL CANVASS. <(a)> Each local
5-8 canvassing authority shall convene to conduct the local canvass not
5-9 earlier than the second day or later than the sixth day after
5-10 election day at the time set by the canvassing authority's
5-11 presiding officer.
5-12 <(b) This section does not apply to a local option election
5-13 under the Alcoholic Beverage Code.>
5-14 SECTION 23. Section 67.004(a), Election Code, is amended to
5-15 read as follows:
5-16 (a) At the time set for convening the canvassing authority
5-17 for the local canvass, the presiding officer of the canvassing
5-18 authority shall deliver the sealed precinct returns to the
5-19 authority. The authority shall open the returns for each precinct
5-20 and canvass them as provided by this section. Two members of the
5-21 authority constitute a quorum for purposes of canvassing an
5-22 election.
5-23 SECTION 24. Section 67.011(b), Election Code, is amended to
5-24 read as follows:
5-25 (b) If a county's election returns are incomplete or
5-26 missing, the legislature may substitute the secretary of state's
5-27 tabulation for that county or may obtain the necessary information
5-28 from the county. On request of the legislature, the secretary of
5-29 state or the county shall promptly transmit the information to the
5-30 legislature by the most expeditious means available.
5-31 (c) On completion of the canvass, the speaker of the house
5-32 of representatives shall deliver the county returns to the
5-33 secretary of state, who shall retain them for the period for
5-34 preserving the precinct election records.
5-35 SECTION 25. Section 67.012, Election Code, is amended to
5-36 read as follows:
5-37 Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The
5-38 governor shall conduct the state canvass not earlier than the 15th
5-39 or later than the 30th day after election day at the time set by
5-40 the secretary of state.
5-41 (b) The secretary of state shall post, on the bulletin board
5-42 used for posting notice of meetings of state governmental bodies, a
5-43 notice of the date, hour, and place of the canvass at least 72
5-44 hours before the canvass is conducted.
5-45 SECTION 26. Section 84.007(b), Election Code, is amended to
5-46 read as follows:
5-47 (b) An application must be submitted to the early voting
5-48 clerk by:
5-49 (1) mail;
5-50 (2) common or contract carrier; or
5-51 (3) telephonic facsimile machine, if the applicant is
5-52 absent from the county and if a machine is available in the clerk's
5-53 office.
5-54 SECTION 27. Sections 84.032, 84.033, and 84.034, Election
5-55 Code, are amended to read as follows:
5-56 Sec. 84.032. Request for Cancellation. (a) A person
5-57 desiring to cancel the person's <his> application for a ballot to
5-58 be voted by mail must submit a request for the cancellation to an
5-59 election officer as provided by this section <the early voting
5-60 clerk>.
5-61 (b) A request must:
5-62 (1) be in writing and signed by the applicant;
5-63 (2) specify the election for which the application was
5-64 made; and
5-65 (3) except as provided by Subsection (c) or (d), be
5-66 received by the early voting clerk:
5-67 (A) not later than the third day before election
5-68 day; and
5-69 (B) if an early voting ballot sent to the
5-70 applicant is returned to the clerk as a marked ballot, before the
6-1 marked ballot's arrival at the address on the carrier envelope.
6-2 (c) An applicant may submit a request after the close of
6-3 early voting by personal appearance by appearing in person and:
6-4 (1) returning the ballot to be voted by mail to the
6-5 early voting clerk; or
6-6 (2) executing an affidavit that the applicant has not
6-7 received the ballot to be voted by mail.
6-8 (d) An applicant may also submit a request on election day
6-9 by appearing in person at the applicant's precinct polling place
6-10 and returning the ballot to be voted by mail to the presiding
6-11 election judge.
6-12 Sec. 84.033. ACTION ON REQUEST <BY CLERK>. (a) The
6-13 election officer <early voting clerk> shall review each
6-14 cancellation request to determine whether it complies with Section
6-15 84.032.
6-16 (b) If the request complies, the early voting clerk shall
6-17 cancel the application and enter on the application "canceled" and
6-18 the date of cancellation.
6-19 (c) If the request complies, the presiding election judge
6-20 shall enter on the returned ballot "canceled," place it and the
6-21 request in an envelope, and deposit the envelope in ballot box no.
6-22 4. The applicant's application is considered to be canceled.
6-23 (d) If the request does not comply, the election officer
6-24 <clerk> shall deny the request and enter on the request "denied"
6-25 and the date of and reason for the denial. The presiding election
6-26 judge shall place the request in an envelope and deposit the
6-27 envelope in ballot box no. 4.
6-28 Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a
6-29 cancellation request, the election officer <early voting clerk>
6-30 shall notify the applicant of the denial. The notice must state
6-31 the reason for the denial.
6-32 SECTION 28. Section 88.004, Election Code, is amended to
6-33 read as follows:
6-34 Sec. 88.004. Notice of Outcome to Voter. (a) If as a
6-35 result of a challenge under this chapter a ballot is not accepted,
6-36 the presiding judge of the early voting ballot board <early voting
6-37 clerk> shall deliver written notice of the result of the challenge,
6-38 including the reason for the result, to the challenged voter.
6-39 (b) If the notice is delivered by mail, it shall be sent to
6-40 the voter's residence address.
6-41 (c) The notice shall be delivered not later than the 10th
6-42 <third> day after election day <the date the challenge is
6-43 determined>.
6-44 SECTION 29. Section 103.001(a), Election Code, is amended to
6-45 read as follows:
6-46 (a) A qualified voter is eligible to vote a late ballot as
6-47 provided by this chapter if:
6-48 (1) the voter will be absent from the county of
6-49 residence on election day because of the death of a person related
6-50 to the voter within the second <first> degree by consanguinity or
6-51 affinity, as determined under Article 5996h, Revised Statutes; and
6-52 (2) the death occurs on or after the day before the
6-53 last day of the period for early voting by personal appearance.
6-54 SECTION 30. Section 122.001(b), Election Code, is amended to
6-55 read as follows:
6-56 (b) A voting system may not be used in an election in which
6-57 straight-party voting is permitted unless the system permits or
6-58 prevents, as applicable, counting votes in accordance with Sections
6-59 <Section> 65.007(c) and (d).
6-60 SECTION 31. Subchapter A, Chapter 122, Election Code, is
6-61 amended by adding Section 122.005 to read as follows:
6-62 Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of
6-63 an offense under this chapter is in the county in which the offense
6-64 was committed.
6-65 SECTION 32. Section 122.031, Election Code, is amended by
6-66 adding Subsections (c) and (d) to read as follows:
6-67 (c) A person commits an offense if the person executes a
6-68 contract to sell, lease, or otherwise provide a voting system or
6-69 voting system equipment that the person knows has not been
6-70 approved. An offense under this subsection is a Class A
7-1 misdemeanor.
7-2 (d) This section does not prohibit a person from exhibiting
7-3 a voting system or unit of voting system equipment that has not
7-4 been approved.
7-5 SECTION 33. Section 122.034(c), Election Code, is amended to
7-6 read as follows:
7-7 (c) The secretary of state shall prescribe fees for the
7-8 submission of applications under this section in amounts reasonably
7-9 necessary to administer this subchapter and compensate examiners
7-10 appointed by the secretary.
7-11 SECTION 34. Section 122.035, Election Code, is amended to
7-12 read as follows:
7-13 Sec. 122.035. Appointment of Examiners. (a) On submission
7-14 of an application for approval of a voting system or voting system
7-15 equipment, the secretary of state shall appoint four <three>
7-16 persons as examiners, one of whom must be a full-time employee of
7-17 the secretary. The attorney general <or the general's designee>
7-18 shall appoint two persons as examiners, one of whom must be a
7-19 full-time employee of the general <also serve as an examiner>.
7-20 (b) Two of the secretary of state's appointees must have
7-21 demonstrated ability and experience in mechanics or electronics
7-22 appropriate to the system or equipment to be examined, and two of
7-23 the secretary's appointees <one appointee> must have demonstrated
7-24 knowledge of and experience in election law and procedure.
7-25 (c) Only one <A> person employed by the secretary of state
7-26 may be appointed <is ineligible for appointment>.
7-27 (d) A person who has a pecuniary interest in the
7-28 manufacturing or marketing of any part of a voting system or voting
7-29 system equipment is ineligible for appointment.
7-30 SECTION 35. Section 122.037, Election Code, is amended to
7-31 read as follows:
7-32 Sec. 122.037. COMPENSATION OF EXAMINERS. (a) Each examiner
7-33 appointed under this subchapter, other than an employee of the
7-34 secretary of state or attorney general, <by the secretary of state>
7-35 is entitled to compensation <in an amount set by the secretary of
7-36 state> for services rendered in connection with an application.
7-37 (b) The secretary of state shall set the amount of
7-38 compensation for examiners appointed by the secretary and shall use
7-39 the application fees collected under Section 122.034 to pay the
7-40 compensation <to examiners>.
7-41 (c) The attorney general shall set the amount of
7-42 compensation for an examiner appointed by the general and shall pay
7-43 the compensation from funds available to the general.
7-44 SECTION 36. Section 122.066(a), Election Code, is amended to
7-45 read as follows:
7-46 (a) The secretary of state shall prescribe an examination
7-47 fee or fee schedule to compensate examiners appointed by the
7-48 secretary under this subchapter.
7-49 SECTION 37. Section 122.067, Election Code, is amended to
7-50 read as follows:
7-51 Sec. 122.067. APPOINTMENT OF EXAMINERS. (a) If the
7-52 secretary of state requires an independent examination of the
7-53 modified system or equipment, the secretary shall appoint four
7-54 persons as <two or three> examiners, one of whom must be a
7-55 full-time employee of the secretary <for the examination, the
7-56 number to be determined by the secretary>. The attorney general
7-57 <or the general's designee> shall appoint two persons as examiners,
7-58 one of whom must be a full-time employee of the general <also serve
7-59 as an examiner>.
7-60 (b) To be eligible for appointment as an examiner under this
7-61 section, a person must be eligible for appointment as an examiner
7-62 for an application for initial approval of a system or equipment.
7-63 Only one employee of the secretary of state may be appointed.
7-64 (c) Two <One> of the secretary of state's appointees must
7-65 have demonstrated ability and experience in mechanics or
7-66 electronics appropriate to the system or equipment to be examined.
7-67 SECTION 38. Section 122.069, Election Code, is amended to
7-68 read as follows:
7-69 Sec. 122.069. COMPENSATION OF EXAMINERS. (a) Subject to
7-70 Subsections (b) and (c), an examiner appointed by the secretary of
8-1 state under this subchapter, other than the secretary's employee,
8-2 is entitled to compensation in an amount set by the secretary.
8-3 (b) The compensation rate for each examiner appointed by the
8-4 secretary of state for the same examination must be uniform.
8-5 (c) The total compensation paid to the examiners appointed
8-6 by the secretary of state for the same examination may not exceed
8-7 the examination fee.
8-8 (d) The secretary of state shall use the examination fees
8-9 collected under Section 122.066 to pay the compensation to
8-10 examiners appointed by the secretary.
8-11 (e) An examiner appointed by the attorney general under this
8-12 subchapter, other than an employee of the general, is entitled to
8-13 compensation in an amount set by the general. The attorney general
8-14 shall pay the compensation from funds available to the general.
8-15 SECTION 39. Section 122.091(c), Election Code, is amended to
8-16 read as follows:
8-17 (c) The secretary of state may prescribe fees in amounts
8-18 reasonably necessary to administer this subchapter and compensate
8-19 examiners appointed by the secretary.
8-20 SECTION 40. Subchapter D, Chapter 122, Election Code, is
8-21 amended by adding Section 122.0911 to read as follows:
8-22 Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE.
8-23 (a) If the secretary of state determines that the assistance of a
8-24 particular person is necessary for the proper and efficient
8-25 reexamination of a voting system or voting system equipment under
8-26 this subchapter, the secretary may require that person to provide
8-27 the necessary assistance as provided by this section.
8-28 (b) The secretary of state shall deliver written notice to a
8-29 person whose assistance is required not later than 72 hours before
8-30 the date the reexamination is scheduled to occur. The notice must
8-31 state:
8-32 (1) that the person is required to provide assistance
8-33 under Section 122.0911, Election Code;
8-34 (2) the nature of the assistance that is required; and
8-35 (3) the date, hour, and place of the reexamination.
8-36 (c) A person who, after proper notice, fails to provide the
8-37 assistance required by the secretary of state is civilly liable to
8-38 the state for $100 for each day that the person fails to comply.
8-39 The secretary of state shall notify the attorney general to
8-40 initiate suit to recover the penalty.
8-41 SECTION 41. Section 122.092, Election Code, is amended to
8-42 read as follows:
8-43 Sec. 122.092. APPOINTMENT OF EXAMINERS. (a) The secretary
8-44 of state shall appoint four <two> persons as examiners, one of whom
8-45 must be a full-time employee of the secretary, to assist in a
8-46 reexamination of an approved voting system or voting system
8-47 equipment. The attorney general <or the general's designee> shall
8-48 appoint two persons as examiners, one of whom must be a full-time
8-49 employee of the general <also serve as an examiner>.
8-50 (b) Two of the secretary of state's appointees <Each
8-51 appointee> must have demonstrated knowledge of and experience in
8-52 the operation of the system or equipment.
8-53 (c) Only one <A> person employed by the secretary of state
8-54 may be appointed <is ineligible for appointment>.
8-55 (d) A person who has a pecuniary interest in the
8-56 manufacturing or marketing of any part of a voting system or voting
8-57 system equipment is ineligible for appointment.
8-58 SECTION 42. Section 122.094, Election Code, is amended to
8-59 read as follows:
8-60 Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
8-61 appointed under this subchapter, other than an employee of <by> the
8-62 secretary of state or attorney general, is entitled to compensation
8-63 for services rendered in connection with a reexamination <in an
8-64 amount set by the secretary>.
8-65 (b) The secretary of state shall set the amount of
8-66 compensation for examiners appointed by the secretary and shall use
8-67 the fees collected under Section 122.091 to pay the compensation
8-68 <to examiners>.
8-69 (c) The attorney general shall set the amount of
8-70 compensation for an examiner appointed by the general and shall pay
9-1 the compensation from funds available to the general.
9-2 SECTION 43. Section 123.031(a), Election Code, is amended to
9-3 read as follows:
9-4 (a) A county may contract to acquire the equipment necessary
9-5 for operating a voting system by purchase, lease, or other means.
9-6 SECTION 44. Sections 123.032(a) and (b), Election Code, are
9-7 amended to read as follows:
9-8 (a) A political subdivision other than a county may contract
9-9 to acquire the equipment necessary for operating a voting system as
9-10 provided by this section.
9-11 (b) A political subdivision may <contract to> lease the
9-12 equipment from a county in which the political subdivision is
9-13 wholly or partly situated. If the desired equipment is not
9-14 available from the county, the political subdivision may acquire it
9-15 by purchase, lease, or other means from any other source.
9-16 SECTION 45. Subchapter B, Chapter 123, Election Code, is
9-17 amended by adding Sections 123.035 and 123.036 to read as follows:
9-18 Sec. 123.035. VOTING SYSTEM EQUIPMENT CONTRACT. (a) A
9-19 contract for the acquisition of voting system equipment under this
9-20 subchapter must be in writing and incorporate before execution:
9-21 (1) a letter from the secretary of state stating that
9-22 the voting system and voting system equipment being acquired
9-23 satisfy the applicable requirements for approval; and
9-24 (2) a certified copy of the written order issued by
9-25 the secretary under Section 122.038 or 122.070 approving the voting
9-26 system and voting system equipment for use in elections and, if
9-27 applicable, of the written order issued under Section 122.095
9-28 granting conditional approval of the system or equipment.
9-29 (b) A contract that does not comply with Subsection (a) is
9-30 void. The contract may not be ratified by either party and a
9-31 payment may not be made relating to the contract.
9-32 (c) A person commits an offense if the person executes a
9-33 voting system equipment contract that does not comply with
9-34 Subsection (a). An offense under this subsection is a Class B
9-35 misdemeanor.
9-36 Sec. 123.036. VENUE FOR OFFENSES. Venue for prosecution of
9-37 an offense under this chapter is in the county in which the offense
9-38 was committed.
9-39 SECTION 46. Chapter 123, Election Code, is amended by adding
9-40 Subchapter C to read as follows:
9-41 SUBCHAPTER C. ANNUAL VOTING SYSTEM REPORT
9-42 Sec. 123.061. ANNUAL REPORT REQUIRED. (a) Each authority
9-43 adopting a voting system for use in its elections shall file an
9-44 annual report as provided by this subchapter.
9-45 (b) The report must be filed with the secretary of state in
9-46 the form prescribed by the secretary.
9-47 Sec. 123.062. FILING PERIOD. The report must be filed on or
9-48 after July 1 and before July 15.
9-49 Sec. 123.063. CONTENTS OF REPORT. The report must contain:
9-50 (1) a description of the voting system currently used
9-51 by the authority;
9-52 (2) a copy of the written order issued by the
9-53 secretary of state under Section 122.038 or 122.070 approving the
9-54 voting system and voting system equipment for use in elections and,
9-55 if applicable, of the written order issued under Section 122.095
9-56 granting conditional approval of the system or equipment; and
9-57 (3) a statement that the voting system currently used
9-58 by the authority has not been modified since the date of filing of
9-59 the authority's previous report, or if modified, that approval of
9-60 the modified design has been sought under Subchapter C, Chapter
9-61 122.
9-62 Sec. 123.064. REVIEW OF REPORT. (a) The secretary of state
9-63 shall review each report filed under this subchapter not later than
9-64 the 30th day after the date of the filing deadline for the report.
9-65 (b) The secretary of state shall deliver a written
9-66 delinquency notice to each authority that filed a report covering
9-67 the previous reporting period but that fails to file a report
9-68 covering the current reporting period.
9-69 (c) The secretary of state may deliver to the attorney
9-70 general the name of each authority that fails to file a report
10-1 covering the current reporting period within 30 days after the date
10-2 of receipt of a delinquency notice.
10-3 Sec. 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney
10-4 general may seek a writ of mandamus to compel the filing of a
10-5 report by each authority that fails to comply with this subchapter.
10-6 Sec. 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
10-7 OF STATE. The secretary of state may prescribe any procedures
10-8 necessary to implement this subchapter.
10-9 SECTION 47. Section 124.062, Election Code, is amended by
10-10 adding Subsection (d) to read as follows:
10-11 (d) In an election in which a punch-card ballot is used and
10-12 straight-party voting is permitted, the secretary of state shall
10-13 assign a uniform number position on the ballot to each political
10-14 party to correspond to a straight-party vote.
10-15 SECTION 48. Section 124.063, Election Code, is amended by
10-16 adding a new Subsection (d) and by relettering the subsequent
10-17 subsections to read as follows:
10-18 (d) An electronic system ballot on which a voter indicates a
10-19 vote by punching a hole in the ballot must contain the following
10-20 instruction following the other required instructions: "Check your
10-21 ballot after voting to make sure that the holes are actually
10-22 punched through."
10-23 (e) <(d)> The electronic system ballot must contain
10-24 instructions for casting a write-in vote. The secretary of state
10-25 shall prescribe the wording of the instructions.
10-26 (f) <(e)> The electronic system ballot for an election in
10-27 which straight-party voting is allowed must contain the instruction
10-28 prescribed by Section 52.071(b) with the language relating to
10-29 placing an "X" in the party square changed as appropriate to
10-30 accommodate the method by which the voter indicates a vote.
10-31 (g) <(f)> The instructions required by this section may be
10-32 placed on the punch-card ballot label instead of on the punch-card
10-33 ballot.
10-34 SECTION 49. Section 127.002(d), Election Code, is amended to
10-35 read as follows:
10-36 (d) The general custodian of election records is eligible
10-37 for appointment notwithstanding the custodian's status as a
10-38 candidate or officeholder.
10-39 SECTION 50. Section 127.005(b), Election Code, is amended to
10-40 read as follows:
10-41 (b) Except as otherwise provided by this section, the
10-42 eligibility requirements prescribed by this code for precinct
10-43 presiding judges apply to a presiding judge of a central counting
10-44 station. To be eligible to serve as a judge under this section, a
10-45 person must be a qualified voter of the political subdivision
10-46 served by the authority adopting the voting system. The general
10-47 custodian of election records and employees of the custodian are
10-48 eligible to serve as a judge under this section notwithstanding the
10-49 custodian's status as a candidate or officeholder.
10-50 SECTION 51. Section 127.096(a), Election Code, is amended to
10-51 read as follows:
10-52 (a) The custodian of the automatic tabulating equipment
10-53 <presiding judge of the central counting station> shall publish
10-54 notice of the date, hour, <time> and place of the test conducted
10-55 under Section 127.093(b) in a newspaper, as provided by general law
10-56 for official publications by political subdivisions, at least 48
10-57 hours before the date of the test.
10-58 SECTION 52. Sections 127.126(d) and (e), Election Code, are
10-59 amended to read as follows:
10-60 (d) A procedure other than duplication may not be used to
10-61 process a ballot subject to this section unless the procedure is
10-62 expressly authorized by the secretary of state.
10-63 (e) Each duplicate ballot must be clearly labeled
10-64 "Duplicate" and must bear the serial number of the original ballot.
10-65 (f) <(e)> The duplicate shall be substituted for the
10-66 original ballot in the ballots prepared for automatic counting.
10-67 The original shall be preserved with the other voted ballots for
10-68 the same period.
10-69 SECTION 53. Section 127.130, Election Code, is amended by
10-70 adding Subsections (d) and (e) to read as follows:
11-1 (d) Subject to Subsection (e), in any manual count conducted
11-2 under this code, a vote on a ballot on which a voter indicates a
11-3 vote by punching a hole in the ballot may not be counted unless:
11-4 (1) at least two corners of the chad are detached;
11-5 (2) light is visible through the hole;
11-6 (3) an indentation on the chad from the stylus or
11-7 other object is present and indicates a clearly ascertainable
11-8 intent of the voter to vote; or
11-9 (4) the chad reflects by other means a clearly
11-10 ascertainable intent of the voter to vote.
11-11 (e) Subsection (d) does not supersede any clearly
11-12 ascertainable intent of the voter.
11-13 SECTION 54. Section 127.201, Election Code, is amended to
11-14 read as follows:
11-15 Sec. 127.201. Partial Count of Electronic Voting System
11-16 Ballots by General Custodian. (a) To ensure the accuracy of the
11-17 tabulation of electronic voting system results, the general
11-18 custodian of election records shall conduct a manual count of all
11-19 the races in at least one percent of the election precincts or in
11-20 three precincts, whichever is greater, in which the electronic
11-21 voting system was used. Except as provided by Subsection (b), the
11-22 <The> custodian shall select the precincts at random and shall
11-23 begin the count not later than 72 hours after the polls close.
11-24 (b) In a general election for state and county officers,
11-25 primary election, or election on a proposed amendment to the state
11-26 constitution or other statewide measure submitted by the
11-27 legislature, the secretary of state shall select, in accordance
11-28 with rules adopted by the secretary, the precincts to be counted
11-29 under Subsection (a). The secretary shall notify the general
11-30 custodian of election records of the precincts selected under this
11-31 subsection not earlier than the day after election day.
11-32 (c) <(b)> Each candidate in the election is entitled to be
11-33 present at the count and is entitled to have a representative
11-34 present.
11-35 (d) <(c)> Not later than the third day after the date the
11-36 count is completed, the general custodian of election records shall
11-37 deliver a written report of the results of the count to the
11-38 secretary of state.
11-39 (e) <(d)> The secretary of state at any time may waive or
11-40 reinstate the requirements of this section for a particular
11-41 political subdivision.
11-42 SECTION 55. Section 141.032, Election Code, is amended by
11-43 adding Subsection (f) to read as follows:
11-44 (f) This section does not apply to a determination of a
11-45 candidate's eligibility.
11-46 SECTION 56. Section 141.034, Election Code, is amended to
11-47 read as follows:
11-48 Sec. 141.034. LIMITATION ON CHALLENGE OF APPLICATION.
11-49 (a) An application for a place on the ballot may not be challenged
11-50 for compliance with the applicable requirements as to form,
11-51 content, and procedure after the day before the beginning of early
11-52 voting by personal appearance for the election for which the
11-53 application is made.
11-54 (b) This section does not apply to a determination of a
11-55 candidate's eligibility.
11-56 SECTION 57. Section 145.003, Election Code, is amended to
11-57 read as follows:
11-58 Sec. 145.003. Administrative Declaration of Ineligibility.
11-59 (a) Except for a judicial action in which a candidate's
11-60 eligibility is in issue, a candidate may be declared ineligible
11-61 only as provided by this section.
11-62 (b) A candidate in the general election for state and county
11-63 officers may be declared ineligible before the 30th day preceding
11-64 election day by:
11-65 (1) the party officer responsible for certifying the
11-66 candidate's name for placement on the general election ballot, in
11-67 the case of a candidate who is a political party's nominee; or
11-68 (2) the authority with whom the candidate's
11-69 application for a place on the ballot is required to be filed, in
11-70 the case of an independent candidate.
12-1 (c) A candidate in an election other than the general
12-2 election for state and county officers may be declared ineligible
12-3 before the beginning of early voting by personal appearance by the
12-4 authority with whom an application for a place on the ballot for
12-5 the office sought by the candidate is required to be filed.
12-6 (d) The presiding officer of the final canvassing authority
12-7 for the office sought by a candidate may declare the candidate
12-8 ineligible after the polls close on election day and, except as
12-9 provided by Subsection (e), before a certificate of election is
12-10 issued.
12-11 (e) In the case of a candidate for governor or lieutenant
12-12 governor, a declaration of ineligibility by the final canvassing
12-13 authority's presiding officer may not be made after the final
12-14 canvass for that office is completed.
12-15 (f) A candidate may be declared ineligible only if:
12-16 (1) the information on the candidate's application for
12-17 a place on the ballot indicates that the candidate is ineligible
12-18 for the office; or
12-19 (2) facts indicating that the candidate is ineligible
12-20 are conclusively established by another public record.
12-21 (g) When presented with an application for a place on the
12-22 ballot or another public record containing information pertinent to
12-23 a candidate's eligibility, the appropriate authority shall promptly
12-24 review the record. If the authority determines that the record
12-25 establishes ineligibility as provided by Subsection (f), the
12-26 authority shall declare the candidate ineligible.
12-27 (h) <(g)> If a candidate is declared ineligible after the
12-28 deadline for omitting an ineligible candidate's name from the
12-29 ballot, the authority making the declaration shall promptly certify
12-30 in writing the declaration of ineligibility to the canvassing
12-31 authority for the election.
12-32 (i) <(h)> If a candidate is declared ineligible, the
12-33 authority making the declaration shall promptly give written notice
12-34 of the declaration of ineligibility to the candidate.
12-35 SECTION 58. Subchapter A, Chapter 145, Election Code, is
12-36 amended by adding Section 145.006 to read as follows:
12-37 Sec. 145.006. INELIGIBILITY DEADLINE EXTENDED BY WEEKEND OR
12-38 HOLIDAY. Section 1.006 applies to the last day on which a
12-39 candidate may be declared ineligible to cause the candidate's name
12-40 to be omitted from the ballot.
12-41 SECTION 59. Section 146.023(c), Election Code, is amended to
12-42 read as follows:
12-43 (c) A candidate may not file a declaration of write-in
12-44 candidacy for more than one office. If a person files more than
12-45 one declaration of write-in candidacy in violation of this
12-46 subsection, each declaration filed subsequent to the first one
12-47 filed is invalid.
12-48 (d) A declaration of write-in candidacy is public
12-49 information immediately on its filing.
12-50 SECTION 60. Section 146.025, Election Code, is amended to
12-51 read as follows:
12-52 Sec. 146.025. FILING PERIOD <DEADLINE>. (a) A declaration
12-53 of write-in candidacy must be filed not later than 5 p.m. of the
12-54 60th day before general election day, except as otherwise provided
12-55 by this code. A declaration may not be filed earlier than the 30th
12-56 day before the date of the regular filing deadline.
12-57 (b) If a candidate whose name is to appear on the general
12-58 election ballot dies or is declared ineligible after the third day
12-59 before the date of the filing deadline prescribed by Subsection
12-60 (a), a declaration of write-in candidacy for the office sought by
12-61 the deceased or ineligible candidate may be filed not later than 5
12-62 p.m. of the 57th day before election day.
12-63 (c) A declaration of write-in candidacy filed by mail is
12-64 considered to be filed at the time of its receipt by the
12-65 appropriate authority.
12-66 SECTION 61. Section 146.030, Election Code, is amended to
12-67 read as follows:
12-68 Sec. 146.030. <INELIGIBLE> CANDIDATE NOT CERTIFIED. A
12-69 write-in candidate may not be certified for placement on the list
12-70 of write-in candidates if:
13-1 (1) the information on the candidate's declaration of
13-2 write-in candidacy indicates that the candidate is ineligible for
13-3 the office;
13-4 (2) facts indicating that the candidate is ineligible
13-5 are conclusively established by another public record; <or>
13-6 (3) the candidate is determined ineligible by a final
13-7 judgment of a court;
13-8 (4) the candidate's declaration of write-in candidacy
13-9 is invalid for the office under Section 146.023(c); or
13-10 (5) the certifying authority learns that the
13-11 candidate's name is to be omitted from the list under Section
13-12 146.0301.
13-13 SECTION 62. Subchapter B, Chapter 146, Election Code, is
13-14 amended by adding Section 146.0301 to read as follows:
13-15 Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE. (a) A
13-16 write-in candidate may not withdraw from the election after the
13-17 46th day before election day.
13-18 (b) To withdraw from the election, a write-in candidate must
13-19 file a written withdrawal request, signed and acknowledged by the
13-20 candidate, with the authority with whom the candidate's declaration
13-21 of write-in candidacy is required to be filed.
13-22 (c) A withdrawal request filed by mail is considered to be
13-23 filed at the time of its receipt by the appropriate authority.
13-24 (d) A candidate's name shall be omitted from the list of
13-25 write-in candidates if the candidate withdraws on or before the
13-26 46th day before election day.
13-27 (e) Not later than the day after the date the withdrawal
13-28 request is received, the appropriate authority shall deliver a
13-29 written notice of the withdrawal of any candidate previously
13-30 certified under Section 146.029 to the same authority to whom the
13-31 certification was delivered.
13-32 SECTION 63. Sections 146.031(b), (c), and (d), Election
13-33 Code, are amended to read as follows:
13-34 (b) A write-in candidate's name may not appear more than
13-35 once on the list.
13-36 (c) Copies of the list shall be distributed to the counting
13-37 officers in the election for use in counting write-in votes.
13-38 (d) <(c)> Copies of the list shall be distributed to each
13-39 presiding election judge with the other election supplies. A copy
13-40 of the list shall be posted in each polling place at each place
13-41 where an instruction poster is required to be posted.
13-42 (e) <(d)> The authority responsible for having the official
13-43 ballot prepared shall retain a copy of the list and preserve it for
13-44 the period for preserving the precinct election records.
13-45 SECTION 64. Section 171.022(a), Election Code, is amended to
13-46 read as follows:
13-47 (a) A county executive committee consists of:
13-48 (1) a county chairman, who is the presiding officer,
13-49 elected at the general primary election by majority vote of the
13-50 qualified voters of the county who vote in the primary on that
13-51 office or appointed by the county executive committee as provided
13-52 by this subchapter; and
13-53 (2) a precinct chairman from each county election
13-54 precinct, elected at the general primary by majority vote of the
13-55 qualified voters of the precinct who vote in the primary on that
13-56 office or appointed by the county executive committee as provided
13-57 by this subchapter.
13-58 SECTION 65. Section 172.021, Election Code, is amended by
13-59 adding Subsection (f) to read as follows:
13-60 (f) A political party's state executive committee by rule
13-61 may require that an application for the office of county chairman
13-62 be accompanied by a nominating petition containing the signatures
13-63 of at least 10 percent of the incumbent precinct chairmen serving
13-64 on the county executive committee.
13-65 SECTION 66. Section 172.022(b), Election Code, is amended to
13-66 read as follows:
13-67 (b) Not later than the day before the last day of the filing
13-68 period, the county chairman shall post on the bulletin board used
13-69 for posting notice of meetings of the commissioners court a notice
13-70 of the address at which the county chairman or secretary will be
14-1 available to receive applications on the last day of the filing
14-2 period. Section 1.006 does not apply to this subsection.
14-3 SECTION 67. Section 172.116(b), Election Code, is amended to
14-4 read as follows:
14-5 (b) The committee shall convene to conduct the local canvass
14-6 at the county seat not earlier than 6 p.m. on the first Thursday or
14-7 later than 1 p.m. on the first Friday after election day at the
14-8 hour specified by the county chairman.
14-9 SECTION 68. Subchapter E, Chapter 172, Election Code, is
14-10 amending by adding Section 172.125 to read as follows:
14-11 Sec. 172.125. ADDITIONAL PROCEDURE FOR ACCEPTING VOTERS IN
14-12 RUNOFF. (a) For a runoff primary election, the voter registrar
14-13 shall enter on the list of registered voters a notation besides
14-14 each voter's name indicating the preceding party primary for which
14-15 the voter was accepted for voting, if any.
14-16 (b) An election officer at a runoff primary election polling
14-17 place shall determine whether the name of a voter offering to vote
14-18 is noted on the list as having been accepted for voting in another
14-19 party's primary. If the voter's name is so noted, the voter may
14-20 not be accepted for voting at the runoff unless the voter executes
14-21 an affidavit stating that the voter did not vote in the primary or
14-22 participate in a convention of another party during the same voting
14-23 year.
14-24 SECTION 69. Subchapter D, Chapter 173, Election Code, is
14-25 amended by adding Section 173.0831 to read as follows:
14-26 Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS.
14-27 (a) Not later than the 30th day before the beginning date of the
14-28 regular filing period for public offices in the general primary
14-29 election, a county chairman may submit to the secretary of state a
14-30 written statement of estimated primary election expenses.
14-31 (b) Not later than the 10th day after the date the statement
14-32 is received, the secretary of state shall have disbursed to the
14-33 county chairman start-up funds in an amount equal to 10 percent of
14-34 the amount approved for and expended by the county chairman and
14-35 executive committee in the preceding general primary election.
14-36 SECTION 70. Section 173.084, Election Code, is amended by
14-37 amending Subsection (b) and adding Subsection (d) to read as
14-38 follows:
14-39 (b) The authority preparing the report shall file it with
14-40 the secretary of state not later than the 30th <20th> day after
14-41 runoff primary election day or not later than the 30th <20th> day
14-42 after general primary election day if no runoff primary is held in
14-43 the county, in the case of the county chairman's report, or if no
14-44 runoff primary is held for a statewide or district office, in the
14-45 case of the state chairman's report. The secretary for good cause
14-46 may extend the filing deadline.
14-47 (d) Any compensation claimed under Section 173.004 may be
14-48 forfeited on the failure of a county chairman to file a timely
14-49 report.
14-50 SECTION 71. Subchapter A, Chapter 181, Election Code, is
14-51 amended by adding Section 181.0041 to read as follows:
14-52 Sec. 181.0041 REGISTRATION OF PARTY REQUIRED. A political
14-53 party that intends to make nominations under this chapter for the
14-54 general election for state and county officers must register with
14-55 the secretary of state, in the manner prescribed by the secretary,
14-56 not later than January 2 of the election year.
14-57 SECTION 72. Section 201.027, Election Code, is amended to
14-58 read as follows:
14-59 Sec. 201.027. New Office. If a new office is created, a
14-60 vacancy occurs on the effective date of the Act of the legislature
14-61 <statute> creating the office or on the date the order creating the
14-62 office is adopted.
14-63 SECTION 73. Section 202.003, Election Code, is amended to
14-64 read as follows:
14-65 Sec. 202.003. New Office. (a) Subject to Subsection (b),
14-66 an <An> election for the first full term of an office for which no
14-67 previous election has been held is governed by the same provisions
14-68 as an election for the remainder of an unexpired term, and for that
14-69 purpose, references in this chapter to an unexpired term include a
14-70 full term in the case of those offices.
15-1 (b) If an Act of the legislature creating an office
15-2 prescribes a date of creation that is later than the effective date
15-3 of the Act, and if an authority authorized to create the office at
15-4 an earlier date has not done so, the office shall appear on the
15-5 ballot as follows:
15-6 (1) if the date of creation occurs in an even-numbered
15-7 year, the office appears on the ballot in that even-numbered year;
15-8 (2) if the date of creation occurs on or before March
15-9 1 of an odd-numbered year, the office appears on the ballot in the
15-10 preceding even-numbered year; and
15-11 (3) if the date of creation occurs after March 1 of an
15-12 odd-numbered year, the office appears on the ballot in the
15-13 subsequent even-numbered year.
15-14 SECTION 74. Sections 203.012(b) and (c), Election Code, are
15-15 amended to read as follows:
15-16 (b) The governor shall conduct the state canvass not later
15-17 than the seventh day after election day.
15-18 (c) The secretary of state shall post, on the bulletin board
15-19 used for posting notice of meetings of state governmental bodies, a
15-20 notice of the date, hour, and place of the canvass at least 24
15-21 hours before the canvass is conducted.
15-22 (d) Section 1.006 does not apply to this section.
15-23 SECTION 75. Section 213.005(a), Election Code, is amended to
15-24 conform to Section 3, Chapter 288, Acts of the 71st Legislature,
15-25 Regular Session, 1989, to read as follows:
15-26 (a) A recount committee in a recount other than a recount on
15-27 automatic tabulating equipment shall function as one or more
15-28 counting teams composed of three members each. The recount
15-29 coordinator may <shall> appoint one member of each team.
15-30 SECTION 76. Section 213.013(i), Election Code, is amended to
15-31 read as follows:
15-32 (i) No mechanical or electronic means of recording images or
15-33 sound are allowed inside the room in which the recount is
15-34 conducted, or in any hallway or corridor in the building in which
15-35 the recount is conducted within 30 feet of the entrance to the
15-36 room, while the recount is in progress. However, on request of a
15-37 person entitled to appoint representatives to serve at the recount,
15-38 the recount committee chairman shall permit the person to photocopy
15-39 under the chairman's supervision any ballot, including any
15-40 supporting materials, challenged by the person or person's
15-41 representative. The person must pay a reasonable charge for making
15-42 the copies and, if no photocopying equipment is available, may
15-43 supply that equipment at the person's expense. The person shall
15-44 provide a copy on request to another person entitled to appoint
15-45 representatives to serve at the recount.
15-46 SECTION 77. Section 214.002(b), Election Code, is amended to
15-47 read as follows:
15-48 (b) The count shall be made, and the correctness of the
15-49 tally lists shall be certified, in the same manner as an original
15-50 count of regular paper ballots, except that:
15-51 (1) only two tally lists are prepared; and
15-52 (2) Section 127.130(d) applies to a count of
15-53 punch-card ballots.
15-54 SECTION 78. Section 271.006(b), Election Code, is amended to
15-55 read as follows:
15-56 (b) The joint early voting shall be conducted at the early
15-57 voting polling place or places at which and during the hours,
15-58 including any extended or weekend hours, that the early voting
15-59 clerk regularly conducts early voting for the clerk's political
15-60 subdivision.
15-61 SECTION 79. Section 273.001, Election Code, is amended by
15-62 amending Subsection (b) and adding Subsection (d) to read as
15-63 follows:
15-64 (b) A district or county attorney having jurisdiction or the
15-65 attorney general may conduct an investigation on the officer's
15-66 <his> own initiative to determine if criminal conduct occurred in
15-67 connection with an election. <The attorney general may conduct
15-68 such an investigation in connection with an election covering
15-69 territory in more than one county.>
15-70 (d) On referral of a complaint from the secretary of state
16-1 under Section 31.006, the attorney general may investigate the
16-2 allegations.
16-3 SECTION 80. Section 273.021(a), Election Code, is amended to
16-4 read as follows:
16-5 (a) The attorney general may prosecute a criminal offense
16-6 prescribed by the election laws of this state <if the offense
16-7 occurs in connection with an election covering territory in more
16-8 than one county>.
16-9 SECTION 81. Sections 276.004(a) and (b), Election Code, are
16-10 amended to read as follows:
16-11 (a) A person commits an offense if, with respect to another
16-12 person over whom the person has authority in the scope of
16-13 employment, the person knowingly:
16-14 (1) refuses to permit the other person to be absent
16-15 from work on election day for the purpose of attending the polls to
16-16 vote; or
16-17 (2) subjects or threatens to subject the other person
16-18 to a penalty for attending the polls on election day to vote.
16-19 (b) It is an exception to the application of this section
16-20 that the person's conduct occurs in connection with an election in
16-21 which the polls are open on election day for voting for two
16-22 consecutive hours outside of the voter's working hours.
16-23 SECTION 82. Section 277.001, Election Code, is amended to
16-24 read as follows:
16-25 Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
16-26 applies to a petition authorized or required to be filed under a
16-27 law outside this code in connection with an election, except a
16-28 petition for<:>
16-29 <(1)> a local option election held under the Alcoholic
16-30 Beverage Code<; or>
16-31 <(2) an election held under Section 26.07 or 26.08,
16-32 Tax Code>.
16-33 SECTION 83. Section 277.002, Election Code, is amended by
16-34 amending Subsection (b) and adding Subsections (c), (d), and (e) to
16-35 read as follows:
16-36 (b) The signature is the only information that <A voter
16-37 registration number> is <not> required to appear on the petition in
16-38 the signer's own handwriting.
16-39 (c) The use of ditto marks or abbreviations does not
16-40 invalidate a signature if the required information is reasonably
16-41 ascertainable.
16-42 (d) The omission of the state from the signer's residence
16-43 address does not invalidate a signature unless the political
16-44 subdivision from which the signature is obtained is situated in
16-45 more than one state.
16-46 (e) A petition signature is invalid if the signer signed the
16-47 petition earlier than the 180th day before the date the petition is
16-48 filed.
16-49 SECTION 84. Chapter 277, Election Code, is amended by adding
16-50 Sections 277.0022 and 277.0023 to read as follows:
16-51 Sec. 277.0022. WITHDRAWAL OF SIGNATURE. (a) A signer may
16-52 not withdraw the signature from a petition on or after the date the
16-53 petition is received by the authority with whom it is required to
16-54 be filed. Before that date, a signer may withdraw the signature by
16-55 deleting the signature from the petition or by filing with the
16-56 authority with whom the petition is required to be filed an
16-57 affidavit requesting that the signature be withdrawn from the
16-58 petition.
16-59 (b) A withdrawal affidavit filed by mail is considered to be
16-60 filed at the time of its receipt by the appropriate authority.
16-61 (c) The withdrawal of a signature nullifies the signature on
16-62 the petition and places the signer in the same position as if the
16-63 signer had not signed the petition.
16-64 Sec. 277.0023. SUPPLEMENTING PETITION. (a) Except as
16-65 provided by Subsection (b), a petition may not be supplemented,
16-66 modified, or amended on or after the date it is received by the
16-67 authority with whom it is required to be filed unless expressly
16-68 authorized by law.
16-69 (b) If a petition is required to be filed by a specified
16-70 deadline, the petitioner may file one supplementary petition by
17-1 that deadline if the original petition contains a number of
17-2 signatures that exceeds the required minimum number by 10 percent
17-3 or more and is received by the authority with whom it is required
17-4 to be filed not later than the 10th day before the date of the
17-5 deadline. The authority shall notify the petitioner as to the
17-6 sufficiency of the petition not later than the fifth regular
17-7 business day after the date of its receipt.
17-8 SECTION 85. Section 26.07(b), Tax Code, is amended to read
17-9 as follows:
17-10 (b) A petition is valid only if:
17-11 (1) it states that it is intended to require an
17-12 election in the taxing unit on the question of reducing the tax
17-13 rate for the current year;
17-14 (2) it is signed by a number of registered <qualified>
17-15 voters of the taxing unit equal to at least 10 percent of the
17-16 number of registered <qualified> voters of the taxing unit
17-17 according to the most recent official list of registered
17-18 <qualified> voters <not counting the signatures of voters gathered
17-19 by a person who received compensation for circulating the
17-20 petition>; and
17-21 (3) it is submitted to the governing body on or before
17-22 the 90th day after the date on which the governing body adopted the
17-23 tax rate for the current year.
17-24 SECTION 86. Section 26.08(b), Tax Code, is amended to read
17-25 as follows:
17-26 (b) A petition is valid only if:
17-27 (1) it states that it is intended to require an
17-28 election in the school district on the question of limiting the tax
17-29 rate for the following year;
17-30 (2) it is signed by a number of registered <qualified>
17-31 voters of the school district equal to at least 10 percent of the
17-32 number of registered <qualified> voters of the district according
17-33 to the most recent official list of registered <qualified> voters
17-34 <not counting the signatures of voters gathered by a person who
17-35 received compensation for circulating the petition>; and
17-36 (3) it is submitted to the governing body on or before
17-37 the 90th day after the date on which the governing body adopted the
17-38 tax rate for the current year.
17-39 SECTION 87. Section 26.085(b), Tax Code, is amended to read
17-40 as follows:
17-41 (b) A petition is valid only if:
17-42 (1) it states that it is intended to require an
17-43 election on the question of limiting the amount of school district
17-44 tax funds to be dedicated to the junior college district for the
17-45 current year;
17-46 (2) it is signed by a number of registered <qualified>
17-47 voters of the school district equal to at least 10 percent of the
17-48 number of registered <qualified> voters of the school district
17-49 according to the most recent official list of registered
17-50 <qualified> voters<, not counting the signatures of voters gathered
17-51 by a person who received compensation for circulating the
17-52 petition>; and
17-53 (3) it is submitted to the governing body on or before
17-54 the 90th day after the date on which the governing body made the
17-55 dedication to the junior college district.
17-56 SECTION 88. Sections 130.033(b), (c), and (d), Education
17-57 Code, are amended to read as follows:
17-58 (b) In the case of a union junior college district, the
17-59 petition shall be signed by not fewer than 10 percent of the
17-60 registered voters <qualified taxpaying electors> of each of the
17-61 school districts within the territory of the proposed junior
17-62 college district and shall be presented to the county school board
17-63 or county school boards of the respective counties if the territory
17-64 encompasses more than one county; but if there is no county school
17-65 board, the petition shall be presented to the commissioners court
17-66 of the county or counties involved.
17-67 (c) In the case of a county junior college district, the
17-68 petition shall be signed by not fewer than 10 percent of the
17-69 registered voters <qualified taxpaying electors> of the proposed
17-70 college district and shall be presented to the county school board
18-1 of the county; but if there is no county school board, the petition
18-2 shall be presented to the commissioners court of the county.
18-3 (d) In case of a joint-county junior college district, the
18-4 petition shall be signed by not fewer than 10 percent of the
18-5 registered voters <qualified taxpaying electors> of each of the
18-6 proposed counties and shall be presented to the respective county
18-7 school boards of the counties to be included in the proposed
18-8 district; in case there is no county school board, the petition
18-9 shall be presented to the commissioners court of the county or
18-10 counties involved.
18-11 SECTION 89. Sections 130.062(b) and (c), Education Code, are
18-12 amended to read as follows:
18-13 (b) A petition requesting that such territory be added to
18-14 the junior college district signed by a majority of the registered
18-15 <qualified property taxpaying> voters of the territory may be
18-16 presented to the governing board of the junior college district.
18-17 (c) The board shall determine whether the petition is signed
18-18 by the required majority<, based upon the latest approved tax rolls
18-19 of the independent school district,> and if such determination is
18-20 affirmative and if the board shall also determine that the
18-21 facilities of the junior college district may be extended to cover
18-22 adequately the scholastics of the added territory, the board shall
18-23 pass an order admitting such territory. The order shall describe
18-24 by metes and bounds the junior college district as extended; and a
18-25 copy of the order shall be filed with the county superintendent.
18-26 Thereafter, the territory shall be a part of the junior college
18-27 district for all intents and purposes.
18-28 SECTION 90. Section 130.065(a), Education Code, is amended
18-29 to read as follows:
18-30 (a) If the annexation is by election, a petition signed by
18-31 five percent of the registered voters <property taxpaying electors>
18-32 in the territory seeking to be annexed shall be presented to the
18-33 county school board of the county, or to the commissioners court of
18-34 the county in case there is no county school board.
18-35 SECTION 91. Section 130.070(b), Education Code, is amended
18-36 to read as follows:
18-37 (b) The proposed disannexation and creation of a separate
18-38 junior college district shall be initiated by a petition signed by
18-39 not less than five percent (5%) of the registered voters <qualified
18-40 taxpaying electors> of the independent school district seeking
18-41 disannexation. The petition shall be presented to the board of
18-42 trustees of the independent school district seeking to be
18-43 disannexed, which shall pass upon the legality and genuineness of
18-44 the petition and forward the petition, if approved, to the
18-45 coordinating board.
18-46 SECTION 92. Section 251.51(a), Alcoholic Beverage Code, is
18-47 amended to read as follows:
18-48 (a) The <On the fifth day after the election, or as soon
18-49 after the fifth day as practicable, the> commissioners court shall
18-50 <meet in special session to> canvass the returns in accordance with
18-51 Chapter 67, Election Code. On completing the canvass, the
18-52 commissioners court shall make an order declaring the result and
18-53 cause the clerk of the commissioners court to record the order as
18-54 provided by law.
18-55 SECTION 93. (a) Any authority that acquired the equipment
18-56 necessary for operating a voting system before the effective date
18-57 of this Act shall promptly obtain the documents required by Section
18-58 123.035, Election Code, as added by this Act.
18-59 (b) An authority that fails to obtain the documents before
18-60 September 1, 1994, may not use the voting system in a future
18-61 election.
18-62 (c) The attorney general may seek a writ of injunction to
18-63 prevent a violation of Subsection (b) of this section. The
18-64 injunction shall be granted unless the authority:
18-65 (1) produces the necessary documentation in court; or
18-66 (2) proves that it submitted a written request for the
18-67 necessary documentation from the secretary of state not later than
18-68 three months after the effective date of this Act and that the
18-69 secretary has failed to respond to that request.
18-70 (d) If a writ of injunction is denied under Subsection
19-1 (c)(2) of this section, the attorney general shall seek a writ of
19-2 mandamus to compel the secretary of state to respond to the request
19-3 made by the authority.
19-4 (e) The changes in law made by this Act apply only to a
19-5 voting system equipment contract that is executed or renewed on or
19-6 after the effective date of this Act. A contract that was executed
19-7 and in force before that date is governed by the law as it existed
19-8 on the date of execution, and that law is continued in effect for
19-9 that purpose.
19-10 SECTION 94. For the primary election held in 1994, a written
19-11 statement may be submitted under Section 173.0831, as added by this
19-12 Act, not later than the 10th day after the effective date of this
19-13 Act.
19-14 SECTION 95. Section 276.002, Election Code, is repealed.
19-15 SECTION 96. This Act takes effect September 1, 1993.
19-16 SECTION 97. The importance of this legislation and the
19-17 crowded condition of the calendars in both houses create an
19-18 emergency and an imperative public necessity that the
19-19 constitutional rule requiring bills to be read on three several
19-20 days in each house be suspended, and this rule is hereby suspended.
19-21 * * * * *
19-22 Austin,
19-23 Texas
19-24 May 22, 1993
19-25 Hon. Bob Bullock
19-26 President of the Senate
19-27 Sir:
19-28 We, your Subcommittee on Elections and Ethics to which was referred
19-29 H.B. No. 75, have had the same under consideration, and I am
19-30 instructed to report it back to the Senate with the recommendation
19-31 that it do not pass, but that the Committee Substitute adopted in
19-32 lieu thereof do pass and be printed.
19-33 Carriker,
19-34 Chairman
19-35 * * * * *
19-36 WITNESSES
19-37 FOR AGAINST ON
19-38 ___________________________________________________________________
19-39 FOR AGAINST ON
19-40 ___________________________________________________________________
19-41 Name: Ann McGeehan x
19-42 Representing: Sec. of State John Hannah, Jr.
19-43 City: Austin
19-44 -------------------------------------------------------------------