By Danburg H.B. No. 1859
74R6351 GGS-D
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 ballots with stubs to be provided.
1-17 SECTION 2. Section 51.033, Election Code, is amended by
1-18 amending Subsection (a) and adding Subsection (f) to read as
1-19 follows:
1-20 (a) Five <Four> ballot boxes shall be used at each polling
1-21 place in an election and shall be marked as follows:
1-22 (1) "Ballot Box No. 1 for Election Precinct No.
1-23 ________";
1-24 (2) "Ballot Box No. 2 for Election Precinct No.
2-1 ________";
2-2 (3) "Ballot Box No. 3 for Election Precinct No.
2-3 ________"; <and>
2-4 (4) "Ballot Box No. 4 for Election Precinct No.
2-5 ________"; and
2-6 (5) "Ballot Box No. 5 for Election Precinct No.
2-7 ________".
2-8 (f) Ballot box no. 5 is used for depositing voters' signed
2-9 ballot stubs, delivering the stubs to their custodian after the
2-10 election, and storing the stubs during the preservation period.
2-11 SECTION 3. Section 51.034(b), Election Code, is amended to
2-12 read as follows:
2-13 (b) Ballot boxes no. 1, <and> no. 2, and no. 5 must each
2-14 have a slot in the top just large enough to receive a ballot.
2-15 Ballot boxes no. 3 and no. 4 are not required to have a slot, but
2-16 if a slot is provided, it may not be larger than that prescribed
2-17 for boxes no. 1, <and> no. 2, and no. 5.
2-18 SECTION 4. Subchapter C, Chapter 52, Election Code, is
2-19 amended by adding Section 52.074 to read as follows:
2-20 Sec. 52.074. BALLOT WITH STUB FOR CERTAIN VOTERS. (a) The
2-21 authority responsible for having the official ballot prepared shall
2-22 have a ballot prepared as provided by this section for use by a
2-23 voter who executes an affidavit in accordance with Section 63.010.
2-24 (b) The ballot shall be in a form approved by the secretary
2-25 of state and must include a detachable stub with a number that
2-26 corresponds to the number listed on the ballot.
2-27 (c) The stub must include:
3-1 (1) a designation of the nature of the election and
3-2 the date of the election;
3-3 (2) the instruction: "Detach stub, sign reverse side,
3-4 and deposit in stub box."; and
3-5 (3) a space for the voter's signature on the reverse
3-6 side of the stub.
3-7 SECTION 5. Section 62.006, Election Code, is amended to read
3-8 as follows:
3-9 Sec. 62.006. PLACING BOXES <BOX> FOR DEPOSIT OF MARKED
3-10 BALLOTS AND STUBS. The ballot boxes <box> to be used by the voters
3-11 to deposit marked ballots and ballot stubs shall be locked and
3-12 placed where they <it> will be in plain view of the election
3-13 officers, watchers, and persons waiting to vote.
3-14 SECTION 6. Section 62.009, Election Code, is amended by
3-15 adding Subsection (c) to read as follows:
3-16 (c) The ballots with stubs shall be placed separately from
3-17 the regular ballots.
3-18 SECTION 7. Section 63.010(d), Election Code, is amended to
3-19 read as follows:
3-20 (d) The presiding judge shall inform a voter of a challenge
3-21 and of the issues raised by the challenge. The presiding judge
3-22 shall <may> request the <a> voter to present proof of
3-23 identification in the form of a personal identification card or
3-24 other document bearing the voter's photograph. On presentation of
3-25 the required proof of identification, the presiding judge shall
3-26 determine the voter's identity. If the voter fails to present the
3-27 required proof of identification or the presiding judge cannot
4-1 verify the voter's identity from the proof presented, the voter may
4-2 not be accepted for voting, and "rejected" shall be entered on the
4-3 list of registered voters beside the voter's name. After
4-4 determining the voter's identity, the presiding judge shall return
4-5 the personal identification card or document to the voter<, if
4-6 available. A voter's failure to present proof of identification
4-7 does not affect the voter's right to vote under this section>.
4-8 SECTION 8. Section 64.001, Election Code, is amended to read
4-9 as follows:
4-10 Sec. 64.001. Voter to Select and Prepare Ballot. (a) After
4-11 a voter is accepted for voting, the voter shall select a ballot, go
4-12 to a voting station, and prepare the ballot.
4-13 (b) A voter who executes an affidavit in accordance with
4-14 Section 63.010 shall select a ballot with a stub.
4-15 SECTION 9. Section 64.008, Election Code, is amended to read
4-16 as follows:
4-17 Sec. 64.008. Depositing Ballot. (a) Except as provided by
4-18 Subsection (b), after <After> a voter has marked the ballot, the
4-19 voter shall fold the ballot to conceal the way it is marked but to
4-20 expose the presiding judge's signature, and shall deposit it in the
4-21 ballot box used for the deposit of marked ballots.
4-22 (b) Before folding and depositing a ballot with a stub, the
4-23 voter shall detach the stub from the ballot, sign the back of the
4-24 stub, and deposit the stub in ballot box no. 5.
4-25 SECTION 10. Section 64.035, Election Code, is amended to
4-26 read as follows:
4-27 Sec. 64.035. Depositing Ballot. After assistance has been
5-1 provided in marking a ballot, the ballot shall be folded and
5-2 deposited in the ballot box, and the stub shall be deposited in the
5-3 stub box, if applicable, by the voter or, on the voter's request,
5-4 by the person assisting the voter.
5-5 SECTION 11. Section 65.005, Election Code, is amended by
5-6 adding Subsection (d) to read as follows:
5-7 (d) If a ballot contains a signed, undetached stub, the stub
5-8 shall be detached and deposited in ballot box no. 5 before the
5-9 ballot is examined.
5-10 SECTION 12. Section 65.010(a), Election Code, is amended to
5-11 read as follows:
5-12 (a) The following ballots may not be counted:
5-13 (1) a ballot that is not provided to the voter at the
5-14 polling place;
5-15 (2) two or more ballots that are folded together in a
5-16 manner indicating that they were folded together when deposited in
5-17 the ballot box;
5-18 (3) a write-in envelope containing a write-in vote
5-19 without an attached ballot; <or>
5-20 (4) a ballot that has not been deposited in the ballot
5-21 box used for the deposit of marked ballots; or
5-22 (5) a ballot with an unsigned, undetached stub.
5-23 SECTION 13. Section 66.021(b), Election Code, is amended to
5-24 read as follows:
5-25 (b) The judge shall seal envelopes no. 1, no. 2, and no. 4
5-26 and lock ballot boxes no. 3, <and> no. 4, and no. 5 as soon as they
5-27 are ready for distribution.
6-1 SECTION 14. Subchapter B, Chapter 66, Election Code, is
6-2 amended by adding Section 66.027 to read as follows:
6-3 Sec. 66.027. CONTENTS OF BALLOT BOX NO. 5. Ballot box no. 5
6-4 must contain the ballot stubs.
6-5 SECTION 15. Section 66.051(b), Election Code, is amended to
6-6 read as follows:
6-7 (b) The presiding judge shall deliver envelope no. 2, ballot
6-8 box no. 3, <and> ballot box no. 4 and its key, and ballot box no. 5
6-9 in person to the general custodian of election records.
6-10 SECTION 16. Sections 66.058(b), (c), and (d), Election Code,
6-11 are amended to read as follows:
6-12 (b) The voted ballots and ballot stubs shall be preserved
6-13 securely in a locked room in the locked ballot box in which they
6-14 are delivered to the general custodian of election records. Except
6-15 as permitted by this code, a ballot box containing voted ballots or
6-16 ballot stubs may not be opened during the preservation period.
6-17 (c) If during the preservation period an authorized entry is
6-18 made into a ballot box containing voted ballots or ballot stubs,
6-19 when the purpose for the entry is fulfilled, the box shall be
6-20 relocked and the box and key returned to the custodian.
6-21 (d) A custodian of a ballot box containing voted ballots or
6-22 ballot stubs commits an offense if, during the preservation period
6-23 prescribed by Subsection (a), the custodian:
6-24 (1) makes an unauthorized entry into the box; or
6-25 (2) fails to prevent another person from handling the
6-26 box in an unauthorized manner or from making an unauthorized entry
6-27 into the box.
7-1 SECTION 17. Section 66.059(a), Election Code, is amended to
7-2 read as follows:
7-3 (a) On written application by the presiding officer of the
7-4 local canvassing authority or the presiding judge of the election
7-5 precinct, a district judge of the county in which a ballot box
7-6 containing voted ballots or ballot stubs is in custody may order
7-7 the box opened to retrieve an election record that was erroneously
7-8 placed in the box.
7-9 SECTION 18. Section 66.060, Election Code, is amended to
7-10 read as follows:
7-11 Sec. 66.060. Delivery and Preservation of KEYS <Key> to
7-12 Ballot BOXES <Box> No. 3 AND NO. 5. (a) The presiding judge shall
7-13 deliver the keys <key> to ballot boxes <box> no. 3 and no. 5 in
7-14 person to the following authority:
7-15 (1) the sheriff, for an election ordered by the
7-16 governor or a county authority or for a primary election, except
7-17 that in a year in which the office of sheriff is regularly on the
7-18 ballot the presiding judge shall deliver the keys <key> to the
7-19 county judge, and if both those offices are on the same ballot
7-20 because of the filling of an unexpired term the keys <key> shall be
7-21 delivered to the county auditor or to a designated member of the
7-22 commissioners court who is not on the ballot and who is appointed
7-23 by the court if the county does not have a county auditor;
7-24 (2) the chief of police or city marshal, for an
7-25 election ordered by a city authority; or
7-26 (3) the constable of the justice precinct in which the
7-27 office of the political subdivision's governing body is located, or
8-1 if the office of constable is vacant, the sheriff of the county in
8-2 which the governing body's office is located, for an election
8-3 ordered by an authority of a political subdivision other than a
8-4 county or city.
8-5 (b) The ballot box keys <key> shall be delivered at the same
8-6 time as the precinct election records.
8-7 (c) The custodian of the keys <key> to ballot boxes <box>
8-8 no. 3 and no. 5 shall keep the keys <key> for the period for
8-9 preserving the precinct election records except for the time the
8-10 keys are <key is> temporarily out of the custodian's <his> custody
8-11 in accordance with this code.
8-12 (d) A person commits an offense if the person is the
8-13 custodian of the key to a ballot box containing voted ballots or
8-14 ballot stubs and, during the period for keeping the key, the person
8-15 knowingly relinquishes custody of the key except as permitted by
8-16 law. An offense under this subsection is a Class B misdemeanor.
8-17 (e) After the period for keeping a key to ballot box no. 3
8-18 or no. 5 expires, the key's custodian shall return the key to the
8-19 custodian of the ballot box.
8-20 SECTION 19. Subchapter A, Chapter 124, Election Code, is
8-21 amended by adding Section 124.006 to read as follows:
8-22 Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. The
8-23 secretary of state shall prescribe the form of a ballot and the
8-24 necessary procedures to implement the ballot stub system prescribed
8-25 by Section 52.074 for use with each voting system used in this
8-26 state.
8-27 SECTION 20. The secretary of state by rule shall prescribe
9-1 any procedures necessary to implement this Act.
9-2 SECTION 21. This Act takes effect September 1, 1995.
9-3 SECTION 22. The importance of this legislation and the
9-4 crowded condition of the calendars in both houses create an
9-5 emergency and an imperative public necessity that the
9-6 constitutional rule requiring bills to be read on three several
9-7 days in each house be suspended, and this rule is hereby suspended.