74R10757 GGS-D
By Danburg, Madden, Denny, Hill, Jones of Dallas H.B. No. 1859
Substitute the following for H.B. No. 1859:
By Danburg C.S.H.B. No. 1859
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the form of the ballot and related procedures in
1-3 connection with certain voters voting on an affidavit; providing
1-4 criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.005, Election Code, is amended to read
1-7 as follows:
1-8 Sec. 51.005. Number of Ballots. (a) The authority
1-9 responsible for procuring the election supplies for an election
1-10 shall provide for each election precinct a number of ballots equal
1-11 to at least the percentage of voters who voted in that precinct in
1-12 the most recent corresponding election plus 25 percent of that
1-13 number, except that the number of ballots provided may not exceed
1-14 the total number of registered voters in the precinct.
1-15 (b) The secretary of state shall prescribe procedures for
1-16 determining the number of ballot stubs to be provided.
1-17 SECTION 2. Subchapter C, Chapter 52, Election Code, is
1-18 amended by adding Section 52.074 to read as follows:
1-19 Sec. 52.074. BALLOT STUB FOR CERTAIN VOTERS. (a) The
1-20 authority responsible for having the official ballot prepared shall
1-21 have a detached ballot stub prepared as provided by this section
1-22 for use by a voter who executes an affidavit in accordance with
1-23 Section 63.010.
1-24 (b) The ballot stub shall be in a form approved by the
2-1 secretary of state and must include:
2-2 (1) a space for entering the number matching the
2-3 corresponding ballot number;
2-4 (2) spaces for entering the designation of the nature
2-5 of the election and the date of the election;
2-6 (3) the instruction: "Sign ballot stub, enclose in
2-7 envelope, and give to election officer."; and
2-8 (4) a space for the voter's signature.
2-9 SECTION 3. Section 61.005, Election Code, is amended to read
2-10 as follows:
2-11 Sec. 61.005. Security of Ballots, <and> Ballot Boxes, Stubs,
2-12 and Envelopes. (a) From the time a presiding judge receives the
2-13 official ballots for an election until the precinct returns for
2-14 that election have been certified, the presiding judge shall take
2-15 the precautions necessary to prevent access to the ballots, <and>
2-16 ballot boxes, ballot stubs, and stub envelopes in a manner not
2-17 authorized by law.
2-18 (b) The ballots, <and> ballot boxes, ballot stubs, and stub
2-19 envelopes at a polling place shall be in plain view of at least one
2-20 election officer from the time the polls open for voting until the
2-21 precinct returns have been certified.
2-22 (c) A presiding election judge commits an offense if the
2-23 judge fails to prevent another person from handling a ballot box
2-24 containing voters' marked ballots or an envelope containing voters'
2-25 signed ballot stubs in an unauthorized manner or from making an
2-26 unauthorized entry into the ballot box or envelope. An offense
2-27 under this subsection is a Class A misdemeanor.
3-1 SECTION 4. Section 62.006, Election Code, is amended to read
3-2 as follows:
3-3 Sec. 62.006. PLACING BOX AND ENVELOPE FOR DEPOSIT OF MARKED
3-4 BALLOTS AND STUBS. The ballot box to be used by the voters to
3-5 deposit marked ballots shall be locked. The ballot box and
3-6 envelope no. 5 shall be <and> placed where they <it> will be in
3-7 plain view of the election officers, watchers, and persons waiting
3-8 to vote.
3-9 SECTION 5. Chapter 62, Election Code, is amended by adding
3-10 Section 62.0081 to read as follows:
3-11 Sec. 62.0081. Presiding Judge to Prepare Ballot Stubs. (a)
3-12 The presiding judge shall enter on each ballot stub to be used at
3-13 the polling place the same number that appears on the corresponding
3-14 ballot, the designation of the nature of the election, and the date
3-15 of the election.
3-16 (b) The preparation of ballot stubs need not be completed
3-17 before the polls open, but an unprepared stub may not be made
3-18 available for selection by the voters.
3-19 (c) The presiding judge shall clip the ballot stub and
3-20 envelope for its enclosure to the corresponding ballot.
3-21 SECTION 6. Section 62.009, Election Code, is amended by
3-22 adding Subsection (c) to read as follows:
3-23 (c) The ballots with stubs shall be placed separately from
3-24 the regular ballots.
3-25 SECTION 7. Sections 63.010(d) and (e), Election Code, are
3-26 amended to read as follows:
3-27 (d) The presiding judge shall inform a voter of a challenge
4-1 and of the issues raised by the challenge. The presiding judge
4-2 shall <may> request the <a> voter to present proof of
4-3 identification in the form of a personal identification card or
4-4 other document bearing the voter's photograph and to execute an
4-5 affidavit that states the facts necessary to support the voter's
4-6 eligibility to vote. On presentation of the required proof of
4-7 identification and affidavit, the presiding judge shall determine
4-8 the voter's identity. If the voter fails to present the required
4-9 proof of identification, the presiding judge cannot verify the
4-10 voter's identity from the proof presented, or the voter refuses to
4-11 execute an affidavit, the voter may not be accepted for voting, and
4-12 "rejected" shall be entered on the affidavit or, if none, on a
4-13 written statement containing the voter's name and any known
4-14 residence address, and, if applicable, on the list of registered
4-15 voters beside the voter's name. After determining the voter's
4-16 identity, the presiding judge shall return the personal
4-17 identification card or document to the voter<, if available. A
4-18 voter's failure to present proof of identification does not affect
4-19 the voter's right to vote under this section>.
4-20 (e) If a <the> challenged voter whose identity is verified
4-21 executes an affidavit that states the facts necessary to support
4-22 the voter's eligibility to vote, the voter shall be accepted, and
4-23 "sworn" shall be entered on the poll list beside the voter's name.
4-24 If the voter's <challenged voter does not execute an> affidavit
4-25 does not state <that states> the facts necessary to support the
4-26 voter's eligibility to vote, the voter may not be accepted for
4-27 voting, and "rejected" shall be entered on the affidavit and, if
5-1 applicable, on the list of registered voters beside the voter's
5-2 name.
5-3 SECTION 8. Section 64.001, Election Code, is amended to read
5-4 as follows:
5-5 Sec. 64.001. Voter to Select and Prepare Ballot; Deposit of
5-6 Stub. (a) After a voter is accepted for voting, the voter shall
5-7 select a ballot, go to a voting station, and prepare the ballot,
5-8 except as provided by Subsection (b).
5-9 (b) A voter who executes an affidavit in accordance with
5-10 Section 63.010 shall select a ballot with a stub and, before going
5-11 to a voting station:
5-12 (1) unclip the stub and envelope from the ballot;
5-13 (2) sign the stub and enclose it in the envelope; and
5-14 (3) seal the envelope and give it to an election
5-15 officer.
5-16 (c) The election officer shall deposit the ballot stub
5-17 enclosed in its envelope in envelope no. 5.
5-18 SECTION 9. Section 65.005, Election Code, is amended by
5-19 adding Subsection (d) to read as follows:
5-20 (d) If a ballot with a signed stub is found, the stub shall
5-21 be enclosed and sealed in an envelope and deposited in envelope no.
5-22 5 before the ballot is examined.
5-23 SECTION 10. Section 65.010(a), Election Code, is amended to
5-24 read as follows:
5-25 (a) The following ballots may not be counted:
5-26 (1) a ballot that is not provided to the voter at the
5-27 polling place;
6-1 (2) two or more ballots that are folded together in a
6-2 manner indicating that they were folded together when deposited in
6-3 the ballot box;
6-4 (3) a write-in envelope containing a write-in vote
6-5 without an attached ballot; <or>
6-6 (4) a ballot that has not been deposited in the ballot
6-7 box used for the deposit of marked ballots; or
6-8 (5) a ballot with an unsigned stub.
6-9 SECTION 11. Section 66.003, Election Code, is amended to
6-10 read as follows:
6-11 Sec. 66.003. Envelopes for Distribution of Records.
6-12 (a) Five <Four> envelopes shall be furnished to each polling place
6-13 for use in assembling and distributing the precinct election
6-14 records.
6-15 (b) The envelopes shall be labeled and addressed as follows:
6-16 (1) "Envelope No. 1," addressed to the presiding
6-17 officer of the local canvassing authority;
6-18 (2) "Envelope No. 2," addressed to the general
6-19 custodian of election records;
6-20 (3) "Envelope No. 3," addressed to the presiding
6-21 judge; <and>
6-22 (4) "Envelope No. 4," addressed to the voter
6-23 registrar; and
6-24 (5) "Envelope No. 5," addressed to the general
6-25 custodian of election records.
6-26 SECTION 12. Section 66.021(b), Election Code, is amended to
6-27 read as follows:
7-1 (b) The judge shall seal envelopes no. 1, no. 2, <and> no.
7-2 4, and no. 5 and lock ballot boxes no. 3 and no. 4 as soon as they
7-3 are ready for distribution.
7-4 SECTION 13. Subchapter B, Chapter 66, Election Code, is
7-5 amended by adding Section 66.0242 to read as follows:
7-6 Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Envelope no. 5
7-7 must contain the ballot stubs.
7-8 SECTION 14. Section 66.051(b), Election Code, is amended to
7-9 read as follows:
7-10 (b) The presiding judge shall deliver envelope no. 2,
7-11 envelope no. 5, ballot box no. 3, and ballot box no. 4 and its key
7-12 in person to the general custodian of election records.
7-13 SECTION 15. Section 66.058, Election Code, is amended by
7-14 amending Subsections (b), (c), and (d) and adding Subsection (h) to
7-15 read as follows:
7-16 (b) The voted ballots and ballot stubs shall be preserved
7-17 securely in a locked room in the locked ballot box or sealed
7-18 envelope, as applicable, in which they are delivered to the general
7-19 custodian of election records. Except as permitted by this code, a
7-20 ballot box containing voted ballots or an envelope containing
7-21 ballot stubs may not be opened during the preservation period.
7-22 (c) If during the preservation period an authorized entry is
7-23 made into a ballot box containing voted ballots or an envelope
7-24 containing ballot stubs, when the purpose for the entry is
7-25 fulfilled, the box or envelope shall be relocked or resealed, as
7-26 applicable, and the box and key or envelope returned to the
7-27 custodian.
8-1 (d) A custodian of a ballot box containing voted ballots or
8-2 an envelope containing ballot stubs commits an offense if, during
8-3 the preservation period prescribed by Subsection (a), the
8-4 custodian:
8-5 (1) makes an unauthorized entry into the box or
8-6 envelope; or
8-7 (2) fails to prevent another person from handling the
8-8 box or envelope in an unauthorized manner or from making an
8-9 unauthorized entry into the box or envelope.
8-10 (h) The ballot stubs shall be destroyed after expiration of
8-11 the prescribed preservation period, subject to an extension of the
8-12 period under Section 1.013. The ballot stubs are confidential
8-13 information and are not subject to public inspection before they
8-14 are destroyed.
8-15 SECTION 16. Section 66.059, Election Code, is amended to
8-16 read as follows:
8-17 Sec. 66.059. Retrieving Erroneously Placed Election Records.
8-18 (a) On written application by the presiding officer of the local
8-19 canvassing authority or the presiding judge of the election
8-20 precinct, a district judge of the county in which a ballot box
8-21 containing voted ballots or an envelope containing ballot stubs is
8-22 in custody may order the box or envelope opened to retrieve an
8-23 election record that was erroneously placed in the box or envelope.
8-24 (b) The district judge shall post a notice of the date,
8-25 hour, and place for opening the box or envelope on the bulletin
8-26 board used for posting notices of the meetings of the governing
8-27 body of the political subdivision served by the general custodian
9-1 of election records. The notice must remain posted continuously
9-2 for the 24 hours immediately preceding the hour set for opening the
9-3 box or envelope.
9-4 (c) Any interested person may observe the opening of the box
9-5 or envelope.
9-6 (d) The district judge shall issue the orders necessary to
9-7 safeguard the contents of a ballot box or envelope opened under
9-8 this section.
9-9 SECTION 17. Subchapter A, Chapter 124, Election Code, is
9-10 amended by adding Section 124.006 to read as follows:
9-11 Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. The
9-12 secretary of state by rule shall prescribe the form of a ballot
9-13 stub and ballot for use with a stub and the necessary procedures to
9-14 implement the ballot stub system prescribed by Section 52.074 for
9-15 use with each voting system used in this state.
9-16 SECTION 18. Section 221.008, Election Code, is amended to
9-17 read as follows:
9-18 Sec. 221.008. Examination of Secured Ballots and Equipment.
9-19 A tribunal hearing an election contest may cause secured ballot
9-20 boxes, envelopes, voting machines, voting devices, or other
9-21 equipment used in the election to be unsecured to determine the
9-22 correct vote count or any other fact that the tribunal considers
9-23 pertinent to a fair and just disposition of the contest.
9-24 SECTION 19. Sections 273.041, 273.042, and 273.043, Election
9-25 Code, are amended to read as follows:
9-26 Sec. 273.041. Request to Examine Ballots. In the
9-27 investigation of criminal conduct in connection with an election, a
10-1 grand jury, on finding probable cause to believe an offense was
10-2 committed, may request a district judge of the county served by the
10-3 grand jury to order an examination of the voted ballots and the
10-4 ballot stubs <voted> in the election.
10-5 Sec. 273.042. Order by District Judge. On request of a
10-6 grand jury for an examination of voted ballots and ballot stubs, a
10-7 district judge may order the custodian of the <voted> ballots and
10-8 ballot stubs and the custodian of the keys to the ballot boxes to
10-9 deliver the ballot boxes, <and the> keys, and envelopes to the
10-10 grand jury.
10-11 Sec. 273.043. Conduct of Examination. The examination of
10-12 ballots and ballot stubs under this subchapter shall be conducted
10-13 in secret before the grand jury.
10-14 SECTION 20. The secretary of state by rule shall prescribe
10-15 any procedures necessary to implement this Act.
10-16 SECTION 21. This Act takes effect September 1, 1995.
10-17 SECTION 22. The importance of this legislation and the
10-18 crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended.