By:  Madden                                           H.B. No. 2615
       73R6809 GGS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an additional count of electronic voting system ballots
    1-3  after an election.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 127.201, Election Code, is amended to
    1-6  read as follows:
    1-7        Sec. 127.201.  PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
    1-8  BALLOTS BY GENERAL CUSTODIAN.  (a)  To ensure the accuracy of the
    1-9  tabulation of electronic voting system results, the general
   1-10  custodian of election records shall conduct a manual count of all
   1-11  the races in at least one percent of the election precincts or in
   1-12  three precincts, whichever is greater, in which the electronic
   1-13  voting system was used.  Except as provided by Subsection (b), the
   1-14  <The> custodian shall select the precincts at random and shall
   1-15  begin the count not later than 72 hours after the polls close.  The
   1-16  count shall be completed not later than the 21st day after election
   1-17  day.
   1-18        (b)  In a general election for state and county officers,
   1-19  primary election, or election on a proposed amendment to the state
   1-20  constitution or other statewide measure submitted by the
   1-21  legislature, the secretary of state shall select, in accordance
   1-22  with rules adopted by the secretary, the precincts to be counted
   1-23  under Subsection (a).  The secretary shall notify the general
   1-24  custodian of election records of the precincts selected under this
    2-1  subsection not earlier than the day after election day.
    2-2        (c)  On selection or notification, as applicable, of the
    2-3  precincts to be counted, the general custodian of election records
    2-4  shall post in the custodian's office a notice of the date, hour,
    2-5  and place of the count.
    2-6        (d) <(b)>  Each candidate in the election is entitled to be
    2-7  present at the count and is entitled to have a representative
    2-8  present.  A representative must deliver a certificate of
    2-9  appointment to the general custodian at the time the representative
   2-10  reports for service.  The certificate must be in writing and must
   2-11  include:
   2-12              (1)  the printed name and signature of the
   2-13  representative;
   2-14              (2)  the election subject to the count; and
   2-15              (3)  the printed name and signature of the candidate
   2-16  making the appointment.
   2-17        (e)  During the count, the general custodian of election
   2-18  records shall retain the ballots securely as provided by Section
   2-19  66.058.
   2-20        (f) <(c)>  Not later than the third day after the date the
   2-21  count is completed, the general custodian of election records shall
   2-22  deliver a written report of the results of the count to the
   2-23  secretary of state.
   2-24        (g) <(d)>  The secretary of state at any time may waive or
   2-25  reinstate the requirements of this section for a particular
   2-26  political subdivision.
   2-27        SECTION 2.  This Act takes effect September 1, 1993.
    3-1        SECTION 3.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.