By: Seidlits H.B. No. 2468
73R4814 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures regarding recounts and election
1-3 contests.
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) If the recount changes the number of votes received for
1-17 a particular candidate or for or against a measure, the canvassing
1-18 authority shall conduct a canvass for the office or measure
1-19 involved using the recount committee's report in the recount
1-20 supervisor's possession, instead of the original precinct election
1-21 returns, for each precinct in which a recount was conducted. A
1-22 <If a canvass involving the office or measure is completed before
1-23 the recount begins, the previous> canvass for the office or measure
1-24 using the original precinct election returns is void, and the new
2-1 canvass is the official canvass for the election on that office or
2-2 measure. If no change occurs in the recount in the number of votes
2-3 received for a candidate or for or against a measure, the official
2-4 result of the election is determined from the original canvass.
2-5 SECTION 3. Chapter 241, Election Code, is amended by
2-6 amending Section 241.011 and by adding Section 241.0091 to read as
2-7 follows:
2-8 Sec. 241.0091. FRIVOLOUS PETITION. (a) The master may on
2-9 his own motion, or shall on the motion of the presiding officer of
2-10 the house having jurisdiction, the committee, or a party, determine
2-11 whether the contestant's petition is frivolous or otherwise does
2-12 not state the grounds necessary to maintain the contest.
2-13 (b) After making a determination under Subsection (a), the
2-14 master shall deliver promptly to the committee and to the parties a
2-15 report stating the findings. The report to the committee may
2-16 include any recommendation the master considers appropriate.
2-17 Sec. 241.011. Referral of Contest to Committee; Hearing by
2-18 Committee. (a) As soon as practicable after receiving the
2-19 contestee's answer, the presiding officer of the house having
2-20 jurisdiction <in which the contest is pending> shall refer the
2-21 contest to a special committee, a standing committee, or a
2-22 committee of the whole, as provided by rules of the house.
2-23 (b) The committee shall promptly set a time and place for
2-24 hearing the contest. After notice to the parties, the committee
2-25 shall investigate the issues raised by the contest, hearing all
2-26 legal evidence presented by the parties, except as provided by
2-27 Subsection (c).
3-1 (c) The committee may refuse to hear testimony or other
3-2 evidence presented in person by the parties if the master
3-3 determines under Section 241.0091 that the contestant's petition is
3-4 frivolous or otherwise groundless.
3-5 SECTION 4. Section 242.003, Election Code, is amended to
3-6 read as follows:
3-7 Sec. 242.003. Contest for Office of Governor or Lieutenant
3-8 Governor. (a) This section applies only to a contest for the
3-9 office of governor or lieutenant governor.
3-10 (b) For <Except as provided by Subsection (d), for> purposes
3-11 of a <conducting the> contest under this section, the date the
3-12 official result of the contested election is determined is the date
3-13 the governor completes the state canvass. The official result is
3-14 determined from the tabulation of the election returns prepared by
3-15 the secretary of state, except as provided by Subsection (d).
3-16 (c) The secretary of state shall deliver a certified copy of
3-17 the tabulation to each of the presiding officers <instead of a
3-18 certified statement of the votes cast as shown by the official
3-19 canvass>.
3-20 (d) The committee to which the contest is referred may treat
3-21 the tabulation as correct until the speaker of the house of
3-22 representatives opens and publishes the official election returns.
3-23 If a discrepancy exists between the tabulation and the speaker's
3-24 official count that might be material to a determination of the
3-25 contest, the committee shall investigate the discrepancy to
3-26 ascertain, if possible, the correct vote count.
3-27 <(e) The speaker may announce the result of the election as
4-1 shown by the election returns but may not declare the candidate
4-2 receiving the most votes, as shown by the returns, to be elected
4-3 unless the judgment in the contest warrants that action. No
4-4 candidate is entitled to take office until the outcome of the
4-5 contest is finally determined.>
4-6 SECTION 5. This Act takes effect September 1, 1993.
4-7 SECTION 6. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.