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
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