By Seidlits                                           H.B. No. 2468
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain procedures regarding election contests and
    1-3  recounts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 213.0111(a), Election Code, is amended to
    1-6  read as follows:
    1-7        (a)  On receipt of an affidavit executed by any recount
    1-8  committee member alleging that legal votes were not counted or
    1-9  illegal votes were counted during the initial recount, the recount
   1-10  coordinator may order a new recount of the disputed ballots.  For a
   1-11  county or precinct office in a primary election, the county
   1-12  chairman may order the new recount only on the approval of the
   1-13  state chairman.
   1-14        SECTION 2.  Section 213.033(a), Election Code, is amended to
   1-15  read as follows:
   1-16        (a)  As soon as practicable after completion of a  <If the>
   1-17  recount that changes the number of votes received for a particular
   1-18  candidate or for or against a measure, the canvassing authority
   1-19  shall conduct a canvass for the office or measure involved using
   1-20  the recount committee's report in the recount supervisor's
   1-21  possession, instead of the original precinct election returns, for
   1-22  each precinct in which a recount was conducted.   An original  <If
   1-23  a canvass involving the office or measure is completed before the
   1-24  recount begins, the previous> canvass for the office or measure is
    2-1  void, and the new canvass is the official canvass for the election
    2-2  on that office or measure.  If no change occurs in the recount in
    2-3  the number of votes received for a candidate or for or against a
    2-4  measure, the official result of the election is determined from the
    2-5  original canvass.
    2-6        SECTION 3.  Section 213.057, Election Code, is amended to
    2-7  read as follows:
    2-8        Sec. 213.057.  Canvass Following Recount.  As soon as
    2-9  practicable after completion of a recount that changes the number
   2-10  of votes received for a particular candidate or for or against a
   2-11  measure <result of an election>, the final canvassing authority
   2-12  shall conduct a canvass for the office or measure involved using
   2-13  the recount supervisor's report, instead of the original county
   2-14  election returns, for each county in which a recount was conducted.
   2-15  An original  <If the final canvass involving the office or measure
   2-16  is completed before the recount begins, the previous> final canvass
   2-17  for the office or measure is void, and the new final canvass is the
   2-18  official final canvass for the election on that office or measure.
   2-19  If no change occurs in the recount in the number of votes received
   2-20  for a candidate or for or against a measure, the official result of
   2-21  the election is determined from the original final canvass.
   2-22        SECTION 4.  Section 213.058(a), Election Code, is amended to
   2-23  read as follows:
   2-24        (a)  Unless a person entitled to notice under Section 213.056
   2-25  makes an objection to the recount coordinator before the canvass
   2-26  resulting from a recount <that changed the result of the election>,
   2-27  the final canvassing authority may use results reported to the
    3-1  recount coordinator by telephone or telegraph under Section 213.054
    3-2  as the basis for its canvass following an expedited recount if the
    3-3  orderly conduct of a runoff election would be disrupted by delaying
    3-4  the canvass until the recount supervisors' written reports are
    3-5  received.
    3-6        SECTION 5.  Section 221.015, Election Code, is amended to
    3-7  read as follows:
    3-8        Sec. 221.015.  Right to Occupy Office Involved in Contest.
    3-9  (a)  If the official result of a contested election shows that the
   3-10  contestee won, on qualifying as provided by law the contestee is
   3-11  entitled to occupy the office after the beginning of the term for
   3-12  which the election was held, pending the determination of the
   3-13  contest <rightful holder of the office>.
   3-14        <(b)>  If the final judgment does not change the official
   3-15  result, the <of a contested election, a> contestee <occupying the
   3-16  office under Subsection (a)> is entitled to continue in office
   3-17  without again qualifying for the office<.  If the judgment declares
   3-18  the election void and the occupant is elected at the new election,
   3-19  the occupant must again qualify for the office as if no contest had
   3-20  occurred>.
   3-21        (b) <(c)>  If a final judgment declaring the contestant
   3-22  elected is rendered after the beginning of the term for which the
   3-23  contested election was held, on qualifying as provided by law the
   3-24  contestant shall assume office as soon as practicable after the
   3-25  judgment becomes final.
   3-26        (c)  A contestee occupying the office <(d)  An officeholder
   3-27  under Subsection (a)> is entitled to the emoluments of the office
    4-1  that accrue during the period of occupancy.  A contestant who gains
    4-2  the office is not entitled to emoluments for any period before the
    4-3  contestant assumes office.
    4-4        (d)  If the final judgment declares the election void, a
    4-5  vacancy is created as of the first day of the term for which the
    4-6  contested election was held.  A person who occupies the office
    4-7  pending the outcome of the new election is entitled to receive the
    4-8  emoluments of office until the successor qualifies for the office
    4-9  after the new election.
   4-10        (e)  The person elected at the new election must qualify for
   4-11  the office as if no contest had occurred  <This section applies to
   4-12  a person appointed to fill a vacancy in the contested office>.
   4-13        SECTION 6.  Section 241.003, Election Code, is amended by
   4-14  amending Subsection (b) and adding Subsection (d) to read as
   4-15  follows:
   4-16        (b)  The contestant must file the petition with the secretary
   4-17  of state not later than the seventh <10th> day after the date the
   4-18  official result of the contested election is determined.  The
   4-19  contestant must deliver a copy of the petition to the contestee by
   4-20  the same deadline.
   4-21        (d)  Section 1.006 does not apply to this section.
   4-22        SECTION 7.  Section 241.004, Election Code, is amended by
   4-23  amending Subsection (b) and adding Subsection (c) to read as
   4-24  follows:
   4-25        (b)  The contestee must file the answer with the secretary of
   4-26  state not later than the seventh <10th> day after the date the
   4-27  contestee receives the copy of the petition.  The contestee must
    5-1  deliver a copy of the answer to the contestant by the same
    5-2  deadline.
    5-3        (c)  Section 1.006 does not apply to this section.
    5-4        SECTION 8.  Section 241.006(b), Election Code, is amended to
    5-5  read as follows:
    5-6        (b)  The secretary of state shall deliver a petition to the
    5-7  president of the senate or the speaker of the house of
    5-8  representatives, as appropriate, as soon as possible but not later
    5-9  than the <third> day after the date the petition is received.  The
   5-10  secretary shall deliver an answer to the appropriate presiding
   5-11  officer as soon as possible but not later than the <third> day
   5-12  after the date of its receipt.
   5-13        SECTION 9.  Chapter 241, Election Code, is amended by
   5-14  amending Sections 241.009 and 241.011 and by adding Sections
   5-15  241.0061 and 241.0091 to read as follows:
   5-16        Sec. 241.0061.  SECURITY FOR COSTS.  (a)  Not later than the
   5-17  third day after the date the contestee's answer is received by the
   5-18  presiding officer of the house having jurisdiction, the contestant
   5-19  must file with the secretary of the senate or chief clerk of the
   5-20  house of representatives, as appropriate:
   5-21              (1)  a cost bond payable to the appropriate house and
   5-22  to the contestee in the amount of $5,000, having sufficient
   5-23  sureties approved by the presiding officer, and conditioned that
   5-24  the contestant will pay all costs of the contest assessed against
   5-25  him;
   5-26              (2)  a cash deposit in lieu of bond; or
   5-27              (3)  an affidavit of inability to pay costs.
    6-1        (b)  Security for costs must be filed under Subsection (a),
    6-2  and an affidavit of inability to pay costs may be contested, in the
    6-3  manner generally applicable to a civil suit in the district court,
    6-4  subject to any changes imposed by the master or by rules of the
    6-5  house having jurisdiction.
    6-6        Sec. 241.009.  Master of Discovery.  (a)  As soon as
    6-7  practicable <At any time> after receiving the contestee's answer,
    6-8  the presiding officer of the house having jurisdiction shall <may>
    6-9  appoint a master of discovery to supervise discovery proceedings
   6-10  and the taking of depositions, to issue any necessary process, to
   6-11  receive and report evidence, and to perform any other duties
   6-12  assigned by the presiding officer or by the committee to which the
   6-13  contest is referred.
   6-14        (b)  <If an appointment has not already been made, the
   6-15  presiding officer shall appoint a master on request of the
   6-16  committee to which the contest is referred or of any party to the
   6-17  contest.>
   6-18        <(c)>  The master must be a member of the house in which the
   6-19  contest is pending.
   6-20        (c) <(d)>  The presiding officer or the committee may limit
   6-21  the master's authority in the same manner as a civil court in
   6-22  appointing a master in chancery.
   6-23        (d) <(e)>  The master acts under the direction of the
   6-24  presiding officer before the case is referred to a committee and
   6-25  acts under the direction of the committee after the referral.
   6-26        (e) <(f)>  The master's rulings are subject to review by the
   6-27  committee to which the contest is referred unless otherwise
    7-1  provided by rules of the house.
    7-2        Sec. 241.0091.  FRIVOLOUS PETITION.  (a)  The master may on
    7-3  his own motion, or shall on the motion of the committee, determine
    7-4  whether the contestant's petition is frivolous or otherwise does
    7-5  not state the grounds necessary to maintain the contest.
    7-6        (b)  After making a determination under Subsection (a), the
    7-7  master shall promptly deliver to the committee a report stating the
    7-8  findings.  The report to the committee may include any
    7-9  recommendation the master considers appropriate.
   7-10        Sec. 241.011.  Referral of Contest to Committee; Hearing by
   7-11  Committee.  (a)  As soon as practicable after receiving the
   7-12  contestee's answer, the presiding officer of the house in which the
   7-13  contest is pending shall refer the contest to a special committee,
   7-14  a standing committee, or a committee of the whole, as provided by
   7-15  rules of the house.
   7-16        (b)  The committee shall promptly set a time and place for
   7-17  hearing the contest.  After notice to the parties, the committee
   7-18  shall investigate the issues raised by the contest, hearing all
   7-19  legal evidence presented by the parties, except as provided by
   7-20  Subsection (c).
   7-21        (c)  The committee may refuse to hear testimony or other
   7-22  evidence presented in person by the parties if the master
   7-23  determines under Section 241.0091 that the contestant's petition is
   7-24  frivolous or otherwise groundless.
   7-25        SECTION 10.  Sections 242.002(b) and (c), Election Code, are
   7-26  amended to read as follows:
   7-27        (b)  Two copies of the petition and answer must be filed with
    8-1  the secretary of state.  The secretary shall deliver one copy of
    8-2  each document to the presiding officer of each house of the
    8-3  legislature.  Security for costs must be filed  with the chief
    8-4  clerk of the house of representatives.  Any cost bond must be
    8-5  payable to both houses.
    8-6        (c)  The presiding officers of the two houses of the
    8-7  legislature shall act jointly in appointing a master of discovery
    8-8  and in setting the amount of and approving the sureties on a cost
    8-9  bond.  The master may be a member of either house.
   8-10        SECTION 11.  Section 242.003, Election Code, is amended to
   8-11  read as follows:
   8-12        Sec. 242.003.  Contest for Office of Governor or Lieutenant
   8-13  Governor.  (a)  This section applies only to a contest for the
   8-14  office of governor or lieutenant governor.
   8-15        (b)  For <Except as provided by Subsection (d), for> purposes
   8-16  of a <conducting the> contest under this section, the date the
   8-17  official result of the contested election is determined is the date
   8-18  the governor completes the state canvass.  The official result is
   8-19  determined from the tabulation of the election returns prepared by
   8-20  the secretary of state, except as provided by Subsection (d).
   8-21        (c)  The secretary of state shall deliver a certified copy of
   8-22  the tabulation to each of the presiding officers <instead of a
   8-23  certified statement of the votes cast as shown by the official
   8-24  canvass>.
   8-25        (d)  The committee to which the contest is referred may treat
   8-26  the tabulation as correct until the speaker of the house of
   8-27  representatives opens and publishes the official election returns.
    9-1  If a discrepancy exists between the tabulation and the speaker's
    9-2  official count that might be material to a determination of the
    9-3  contest, the committee shall investigate the discrepancy to
    9-4  ascertain, if possible, the correct vote count.
    9-5        <(e)  The speaker may announce the result of the election as
    9-6  shown by the election returns but may not declare the candidate
    9-7  receiving the most votes, as shown by the returns, to be elected
    9-8  unless the judgment in the contest warrants that action.  No
    9-9  candidate is entitled to take office until the outcome of the
   9-10  contest is finally determined.>
   9-11        SECTION 12.  This Act takes effect September 1, 1993.
   9-12        SECTION 13.  The importance of this legislation and the
   9-13  crowded condition of the calendars in both houses create an
   9-14  emergency and an imperative public necessity that the
   9-15  constitutional rule requiring bills to be read on three several
   9-16  days in each house be suspended, and this rule is hereby suspended.