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.