H.B. No. 2468
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, the
4-5 vacancy is created as of the later of the date of the judgment or
4-6 the first day of the term for which the contested election was
4-7 held. A person who occupies the office pending the outcome of the
4-8 new election, either as a constitutional holdover from the prior
4-9 term or through other law, is entitled to receive the emoluments of
4-10 office until the successor qualifies for the office after the new
4-11 election.
4-12 (e) The person elected at the new election must qualify for
4-13 the office as if no contest had occurred <This section applies to
4-14 a person appointed to fill a vacancy in the contested office>.
4-15 SECTION 6. Section 241.003, Election Code, is amended by
4-16 amending Subsection (b) and adding Subsection (d) to read as
4-17 follows:
4-18 (b) The contestant must file the petition with the secretary
4-19 of state not later than the seventh <10th> day after the date the
4-20 official result of the contested election is determined. The
4-21 contestant must deliver a copy of the petition to the contestee by
4-22 the same deadline.
4-23 (d) Section 1.006 does not apply to this section.
4-24 SECTION 7. Section 241.004, Election Code, is amended by
4-25 amending Subsection (b) and adding Subsection (c) to read as
4-26 follows:
4-27 (b) The contestee must file the answer with the secretary of
5-1 state not later than the seventh <10th> day after the date the
5-2 contestee receives the copy of the petition. The contestee must
5-3 deliver a copy of the answer to the contestant by the same
5-4 deadline.
5-5 (c) Section 1.006 does not apply to this section.
5-6 SECTION 8. Section 241.006(b), Election Code, is amended to
5-7 read as follows:
5-8 (b) The secretary of state shall deliver a petition to the
5-9 president of the senate or the speaker of the house of
5-10 representatives, as appropriate, as soon as possible but not later
5-11 than the <third> day after the date the petition is received. The
5-12 secretary shall deliver an answer to the appropriate presiding
5-13 officer as soon as possible but not later than the <third> day
5-14 after the date of its receipt.
5-15 SECTION 9. Chapter 241, Election Code, is amended by
5-16 amending Sections 241.009 and 241.011 and by adding Sections
5-17 241.0061 and 241.0091 to read as follows:
5-18 Sec. 241.0061. SECURITY FOR COSTS. (a) Not later than the
5-19 third day after the date the contestee's answer is received by the
5-20 presiding officer of the house having jurisdiction, the contestant
5-21 must file with the secretary of the senate or chief clerk of the
5-22 house of representatives, as appropriate:
5-23 (1) a cost bond payable to the appropriate house and
5-24 to the contestee in the amount of $5,000, having sufficient
5-25 sureties approved by the presiding officer, and conditioned that
5-26 the contestant will pay all costs of the contest assessed against
5-27 him;
6-1 (2) a cash deposit in lieu of bond; or
6-2 (3) an affidavit of inability to pay costs.
6-3 (b) Security for costs must be filed under Subsection (a),
6-4 and an affidavit of inability to pay costs may be contested, in the
6-5 manner generally applicable to a civil suit in the district court,
6-6 subject to any changes imposed by the master or by rules of the
6-7 house having jurisdiction.
6-8 Sec. 241.009. Master of Discovery. (a) As soon as
6-9 practicable <At any time> after receiving the contestee's answer,
6-10 the presiding officer of the house having jurisdiction shall <may>
6-11 appoint a master of discovery to supervise discovery proceedings
6-12 and the taking of depositions, to issue any necessary process, to
6-13 receive and report evidence, and to perform any other duties
6-14 assigned by the presiding officer or by the committee to which the
6-15 contest is referred.
6-16 (b) <If an appointment has not already been made, the
6-17 presiding officer shall appoint a master on request of the
6-18 committee to which the contest is referred or of any party to the
6-19 contest.>
6-20 <(c)> The master must be a member of the house in which the
6-21 contest is pending.
6-22 (c) <(d)> The presiding officer or the committee may limit
6-23 the master's authority in the same manner as a civil court in
6-24 appointing a master in chancery.
6-25 (d) <(e)> The master acts under the direction of the
6-26 presiding officer before the case is referred to a committee and
6-27 acts under the direction of the committee after the referral.
7-1 (e) <(f)> The master's rulings are subject to review by the
7-2 committee to which the contest is referred unless otherwise
7-3 provided by rules of the house.
7-4 Sec. 241.0091. FRIVOLOUS PETITION. (a) The master may on
7-5 his own motion, or shall on the motion of the committee, determine
7-6 whether the contestant's petition is frivolous or otherwise does
7-7 not state the grounds necessary to maintain the contest.
7-8 (b) After making a determination under Subsection (a), the
7-9 master shall promptly deliver to the committee a report stating the
7-10 findings. The report to the committee may include any
7-11 recommendation the master considers appropriate.
7-12 Sec. 241.011. Referral of Contest to Committee; Hearing by
7-13 Committee. (a) As soon as practicable after receiving the
7-14 contestee's answer, the presiding officer of the house in which the
7-15 contest is pending shall refer the contest to a special committee,
7-16 a standing committee, or a committee of the whole, as provided by
7-17 rules of the house.
7-18 (b) The committee shall promptly set a time and place for
7-19 hearing the contest. After notice to the parties, the committee
7-20 shall investigate the issues raised by the contest, hearing all
7-21 legal evidence presented by the parties, except as provided by
7-22 Subsection (c).
7-23 (c) The committee may refuse to hear testimony or other
7-24 evidence presented in person by the parties if the master
7-25 determines under Section 241.0091 that the contestant's petition is
7-26 frivolous or otherwise groundless.
7-27 SECTION 10. Sections 242.002(b) and (c), Election Code, are
8-1 amended to read as follows:
8-2 (b) Two copies of the petition and answer must be filed with
8-3 the secretary of state. The secretary shall deliver one copy of
8-4 each document to the presiding officer of each house of the
8-5 legislature. Security for costs must be filed with the chief
8-6 clerk of the house of representatives. Any cost bond must be
8-7 payable to both houses.
8-8 (c) The presiding officers of the two houses of the
8-9 legislature shall act jointly in appointing a master of discovery
8-10 and in setting the amount of and approving the sureties on a cost
8-11 bond. The master may be a member of either house.
8-12 SECTION 11. Section 242.003, Election Code, is amended to
8-13 read as follows:
8-14 Sec. 242.003. Contest for Office of Governor or Lieutenant
8-15 Governor. (a) This section applies only to a contest for the
8-16 office of governor or lieutenant governor.
8-17 (b) For <Except as provided by Subsection (d), for> purposes
8-18 of a <conducting the> contest under this section, the date the
8-19 official result of the contested election is determined is the date
8-20 the governor completes the state canvass. The official result is
8-21 determined from the tabulation of the election returns prepared by
8-22 the secretary of state, except as provided by Subsection (d).
8-23 (c) The secretary of state shall deliver a certified copy of
8-24 the tabulation to each of the presiding officers <instead of a
8-25 certified statement of the votes cast as shown by the official
8-26 canvass>.
8-27 (d) The committee to which the contest is referred may treat
9-1 the tabulation as correct until the speaker of the house of
9-2 representatives opens and publishes the official election returns.
9-3 If a discrepancy exists between the tabulation and the speaker's
9-4 official count that might be material to a determination of the
9-5 contest, the committee shall investigate the discrepancy to
9-6 ascertain, if possible, the correct vote count.
9-7 <(e) The speaker may announce the result of the election as
9-8 shown by the election returns but may not declare the candidate
9-9 receiving the most votes, as shown by the returns, to be elected
9-10 unless the judgment in the contest warrants that action. No
9-11 candidate is entitled to take office until the outcome of the
9-12 contest is finally determined.>
9-13 SECTION 12. This Act takes effect September 1, 1993.
9-14 SECTION 13. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.