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.