By Madden H.B. No. 261
74R108 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. The <Except as provided by Subsection (b),
1-14 the> custodian shall select the precincts at random and shall begin
1-15 the count not later than 72 hours after the polls close. The count
1-16 shall be completed not later than the 21st day after election day.
1-17 Subsection (b) supersedes this subsection to the extent of a
1-18 conflict.
1-19 (b) In a general election for state and county officers,
1-20 primary election, or election on a proposed amendment to the state
1-21 constitution or other statewide measure submitted by the
1-22 legislature, the secretary of state shall select, in accordance
1-23 with rules adopted by the secretary, the precincts to be counted
1-24 under Subsection (a). The secretary shall designate not more than
2-1 three offices and not more than three propositions to be counted in
2-2 the selected precincts. The secretary shall notify the general
2-3 custodian of election records of the precincts, offices, and
2-4 propositions selected under this subsection not earlier than the
2-5 day after election day.
2-6 (c) On selection or notification, as applicable, of the
2-7 precincts to be counted, the general custodian of election records
2-8 shall post in the custodian's office a notice of the date, hour,
2-9 and place of the count.
2-10 (d) <(c)> Each candidate in the election is entitled to be
2-11 present at the count and is entitled to have a representative
2-12 present. A representative must deliver a certificate of
2-13 appointment to the general custodian at the time the representative
2-14 reports for service. The certificate must be in writing and must
2-15 include:
2-16 (1) the printed name and signature of the
2-17 representative;
2-18 (2) the election subject to the count; and
2-19 (3) the printed name and signature of the candidate
2-20 making the appointment.
2-21 (e) <(d)> Not later than the third day after the date the
2-22 count is completed, the general custodian of election records shall
2-23 deliver a written report of the results of the count to the
2-24 secretary of state.
2-25 (f) <(e)> The secretary of state at any time may waive or
2-26 reinstate the requirements of this section for a particular
2-27 political subdivision.
3-1 SECTION 2. This Act takes effect September 1, 1995.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.