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.