By: Danburg H.B. No. 2152
73R991 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compelling a voter to reveal a vote in an election
1-3 contest.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 221.009, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 221.009. COMPELLING VOTER TO REVEAL VOTE. (a) A voter
1-8 who cast an illegal vote may be compelled, after the illegality has
1-9 been established to the satisfaction of the tribunal hearing the
1-10 contest, to disclose the name of the candidate for whom he voted or
1-11 how he voted on a measure if the issue is relevant to the election
1-12 contest.
1-13 (b) A voter may be compelled to disclose his vote only in
1-14 the presence of the tribunal, each party's attorney or his agent,
1-15 and a shorthand reporter, who may not disclose to any person how
1-16 the voter voted.
1-17 (c) The notes of the shorthand reporter shall be sealed as
1-18 confidential information and may be opened only by the tribunal or
1-19 by a court with jurisdiction to review the tribunal's action on the
1-20 contest.
1-21 (d) If the number of illegal votes is equal to or greater
1-22 than the number of votes necessary to change the outcome of an
1-23 election, the tribunal may declare the election void without
1-24 attempting to determine how individual voters voted.
2-1 SECTION 2. This Act takes effect September 1, 1993, and
2-2 applies only to an election contest instituted on or after that
2-3 date. An election contest instituted before September 1, 1993, is
2-4 governed by the law in effect on the date the contest was
2-5 instituted, and that law is continued in effect for that purpose.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.