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.