1-1 By: Danburg, et al. (Senate Sponsor - Armbrister) H.B. No. 1859
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on State
1-4 Affairs; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the form of the ballot and related procedures in
1-9 connection with certain voters voting on an affidavit; providing
1-10 criminal penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 51.005, Election Code, is amended to read
1-13 as follows:
1-14 Sec. 51.005. Number of Ballots. (a) The authority
1-15 responsible for procuring the election supplies for an election
1-16 shall provide for each election precinct a number of ballots equal
1-17 to at least the percentage of voters who voted in that precinct in
1-18 the most recent corresponding election plus 25 percent of that
1-19 number, except that the number of ballots provided may not exceed
1-20 the total number of registered voters in the precinct.
1-21 (b) The secretary of state shall prescribe procedures for
1-22 determining the number of ballot stubs to be provided.
1-23 SECTION 2. Subchapter C, Chapter 52, Election Code, is
1-24 amended by adding Section 52.074 to read as follows:
1-25 Sec. 52.074. BALLOT STUB FOR CERTAIN VOTERS. (a) The
1-26 authority responsible for having the official ballot prepared shall
1-27 have a detached ballot stub prepared as provided by this section
1-28 for use by a voter who executes an affidavit in accordance with
1-29 Section 63.010.
1-30 (b) The ballot stub shall be in a form approved by the
1-31 secretary of state and must include:
1-32 (1) a space for entering the number matching the
1-33 corresponding ballot number;
1-34 (2) spaces for entering the designation of the nature
1-35 of the election and the date of the election;
1-36 (3) the instruction: "Sign ballot stub, enclose in
1-37 envelope, and give to election officer."; and
1-38 (4) a space for the voter's signature.
1-39 SECTION 3. Section 61.005, Election Code, is amended to read
1-40 as follows:
1-41 Sec. 61.005. Security of Ballots, <and> Ballot Boxes, Stubs,
1-42 and Envelopes. (a) From the time a presiding judge receives the
1-43 official ballots for an election until the precinct returns for
1-44 that election have been certified, the presiding judge shall take
1-45 the precautions necessary to prevent access to the ballots, <and>
1-46 ballot boxes, ballot stubs, and stub envelopes in a manner not
1-47 authorized by law.
1-48 (b) The ballots, <and> ballot boxes, ballot stubs, and stub
1-49 envelopes at a polling place shall be in plain view of at least one
1-50 election officer from the time the polls open for voting until the
1-51 precinct returns have been certified.
1-52 (c) A presiding election judge commits an offense if the
1-53 judge fails to prevent another person from handling a ballot box
1-54 containing voters' marked ballots or an envelope containing voters'
1-55 signed ballot stubs in an unauthorized manner or from making an
1-56 unauthorized entry into the ballot box or envelope. An offense
1-57 under this subsection is a Class A misdemeanor.
1-58 SECTION 4. Section 62.006, Election Code, is amended to read
1-59 as follows:
1-60 Sec. 62.006. PLACING BOX AND ENVELOPE FOR DEPOSIT OF MARKED
1-61 BALLOTS AND STUBS. The ballot box to be used by the voters to
1-62 deposit marked ballots shall be locked. The ballot box and
1-63 envelope no. 5 shall be <and> placed where they <it> will be in
1-64 plain view of the election officers, watchers, and persons waiting
1-65 to vote.
1-66 SECTION 5. Chapter 62, Election Code, is amended by adding
1-67 Section 62.0081 to read as follows:
1-68 Sec. 62.0081. Presiding Judge to Prepare Ballot Stubs. (a)
2-1 The presiding judge shall enter on each ballot stub to be used at
2-2 the polling place the same number that appears on the corresponding
2-3 ballot, the designation of the nature of the election, and the date
2-4 of the election.
2-5 (b) The preparation of ballot stubs need not be completed
2-6 before the polls open, but an unprepared stub may not be made
2-7 available for selection by the voters.
2-8 (c) The presiding judge shall clip the ballot stub and
2-9 envelope for its enclosure to the corresponding ballot.
2-10 SECTION 6. Section 62.009, Election Code, is amended by
2-11 adding Subsection (c) to read as follows:
2-12 (c) The ballots with stubs shall be placed separately from
2-13 the regular ballots.
2-14 SECTION 7. Sections 63.010(d) and (e), Election Code, are
2-15 amended to read as follows:
2-16 (d) The presiding judge shall inform a voter of a challenge
2-17 and of the issues raised by the challenge. The presiding judge
2-18 shall <may> request the <a> voter to present proof of
2-19 identification in the form of a personal identification card or
2-20 other document bearing the voter's photograph and to execute an
2-21 affidavit that states the facts necessary to support the voter's
2-22 eligibility to vote. On presentation of the required proof of
2-23 identification and affidavit, the presiding judge shall determine
2-24 the voter's identity. If the voter fails to present the required
2-25 proof of identification, the presiding judge cannot verify the
2-26 voter's identity from the proof presented, or the voter refuses to
2-27 execute an affidavit, the voter may not be accepted for voting, and
2-28 "rejected" shall be entered on the affidavit or, if none, on a
2-29 written statement containing the voter's name and any known
2-30 residence address, and, if applicable, on the list of registered
2-31 voters beside the voter's name. After determining the voter's
2-32 identity, the presiding judge shall return the personal
2-33 identification card or document to the voter<, if available. A
2-34 voter's failure to present proof of identification does not affect
2-35 the voter's right to vote under this section>.
2-36 (e) If a <the> challenged voter whose identity is verified
2-37 executes an affidavit that states the facts necessary to support
2-38 the voter's eligibility to vote, the voter shall be accepted, and
2-39 "sworn" shall be entered on the poll list beside the voter's name.
2-40 If the voter's <challenged voter does not execute an> affidavit
2-41 does not state <that states> the facts necessary to support the
2-42 voter's eligibility to vote, the voter may not be accepted for
2-43 voting, and "rejected" shall be entered on the affidavit and, if
2-44 applicable, on the list of registered voters beside the voter's
2-45 name.
2-46 SECTION 8. Section 64.001, Election Code, is amended to read
2-47 as follows:
2-48 Sec. 64.001. Voter to Select and Prepare Ballot; Deposit of
2-49 Stub. (a) After a voter is accepted for voting, the voter shall
2-50 select a ballot, go to a voting station, and prepare the ballot,
2-51 except as provided by Subsection (b).
2-52 (b) A voter who executes an affidavit in accordance with
2-53 Section 63.010 shall select a ballot with a stub and, before going
2-54 to a voting station:
2-55 (1) unclip the stub and envelope from the ballot;
2-56 (2) sign the stub and enclose it in the envelope; and
2-57 (3) seal the envelope and give it to an election
2-58 officer.
2-59 (c) The election officer shall deposit the ballot stub
2-60 enclosed in its envelope in envelope no. 5.
2-61 SECTION 9. Section 65.005, Election Code, is amended by
2-62 adding Subsection (d) to read as follows:
2-63 (d) If a ballot with a signed stub is found, the stub shall
2-64 be enclosed and sealed in an envelope and deposited in envelope no.
2-65 5 before the ballot is examined.
2-66 SECTION 10. Section 65.010(a), Election Code, is amended to
2-67 read as follows:
2-68 (a) The following ballots may not be counted:
2-69 (1) a ballot that is not provided to the voter at the
2-70 polling place;
3-1 (2) two or more ballots that are folded together in a
3-2 manner indicating that they were folded together when deposited in
3-3 the ballot box;
3-4 (3) a write-in envelope containing a write-in vote
3-5 without an attached ballot; <or>
3-6 (4) a ballot that has not been deposited in the ballot
3-7 box used for the deposit of marked ballots; or
3-8 (5) a ballot with an unsigned stub.
3-9 SECTION 11. Section 66.003, Election Code, is amended to
3-10 read as follows:
3-11 Sec. 66.003. Envelopes for Distribution of Records.
3-12 (a) Five <Four> envelopes shall be furnished to each polling place
3-13 for use in assembling and distributing the precinct election
3-14 records.
3-15 (b) The envelopes shall be labeled and addressed as follows:
3-16 (1) "Envelope No. 1," addressed to the presiding
3-17 officer of the local canvassing authority;
3-18 (2) "Envelope No. 2," addressed to the general
3-19 custodian of election records;
3-20 (3) "Envelope No. 3," addressed to the presiding
3-21 judge; <and>
3-22 (4) "Envelope No. 4," addressed to the voter
3-23 registrar; and
3-24 (5) "Envelope No. 5," addressed to the general
3-25 custodian of election records.
3-26 SECTION 12. Section 66.021(b), Election Code, is amended to
3-27 read as follows:
3-28 (b) The judge shall seal envelopes no. 1, no. 2, <and> no.
3-29 4, and no. 5 and lock ballot boxes no. 3 and no. 4 as soon as they
3-30 are ready for distribution.
3-31 SECTION 13. Subchapter B, Chapter 66, Election Code, is
3-32 amended by adding Section 66.0242 to read as follows:
3-33 Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Envelope no. 5
3-34 must contain the ballot stubs.
3-35 SECTION 14. Section 66.051(b), Election Code, is amended to
3-36 read as follows:
3-37 (b) The presiding judge shall deliver envelope no. 2,
3-38 envelope no. 5, ballot box no. 3, and ballot box no. 4 and its key
3-39 in person to the general custodian of election records.
3-40 SECTION 15. Section 66.058, Election Code, is amended by
3-41 amending Subsections (b), (c), and (d) and adding Subsection (h) to
3-42 read as follows:
3-43 (b) The voted ballots and ballot stubs shall be preserved
3-44 securely in a locked room in the locked ballot box or sealed
3-45 envelope, as applicable, in which they are delivered to the general
3-46 custodian of election records. Except as permitted by this code, a
3-47 ballot box containing voted ballots or an envelope containing
3-48 ballot stubs may not be opened during the preservation period.
3-49 (c) If during the preservation period an authorized entry is
3-50 made into a ballot box containing voted ballots or an envelope
3-51 containing ballot stubs, when the purpose for the entry is
3-52 fulfilled, the box or envelope shall be relocked or resealed, as
3-53 applicable, and the box and key or envelope returned to the
3-54 custodian.
3-55 (d) A custodian of a ballot box containing voted ballots or
3-56 an envelope containing ballot stubs commits an offense if, during
3-57 the preservation period prescribed by Subsection (a), the
3-58 custodian:
3-59 (1) makes an unauthorized entry into the box or
3-60 envelope; or
3-61 (2) fails to prevent another person from handling the
3-62 box or envelope in an unauthorized manner or from making an
3-63 unauthorized entry into the box or envelope.
3-64 (h) The ballot stubs shall be destroyed after expiration of
3-65 the prescribed preservation period, subject to an extension of the
3-66 period under Section 1.013. The ballot stubs are confidential
3-67 information and are not subject to public inspection before they
3-68 are destroyed.
3-69 SECTION 16. Section 66.059, Election Code, is amended to
3-70 read as follows:
4-1 Sec. 66.059. Retrieving Erroneously Placed Election Records.
4-2 (a) On written application by the presiding officer of the local
4-3 canvassing authority or the presiding judge of the election
4-4 precinct, a district judge of the county in which a ballot box
4-5 containing voted ballots or an envelope containing ballot stubs is
4-6 in custody may order the box or envelope opened to retrieve an
4-7 election record that was erroneously placed in the box or envelope.
4-8 (b) The district judge shall post a notice of the date,
4-9 hour, and place for opening the box or envelope on the bulletin
4-10 board used for posting notices of the meetings of the governing
4-11 body of the political subdivision served by the general custodian
4-12 of election records. The notice must remain posted continuously
4-13 for the 24 hours immediately preceding the hour set for opening the
4-14 box or envelope.
4-15 (c) Any interested person may observe the opening of the box
4-16 or envelope.
4-17 (d) The district judge shall issue the orders necessary to
4-18 safeguard the contents of a ballot box or envelope opened under
4-19 this section.
4-20 SECTION 17. Subchapter A, Chapter 124, Election Code, is
4-21 amended by adding Section 124.006 to read as follows:
4-22 Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. The
4-23 secretary of state by rule shall prescribe the form of a ballot
4-24 stub and ballot for use with a stub and the necessary procedures to
4-25 implement the ballot stub system prescribed by Section 52.074 for
4-26 use with each voting system used in this state.
4-27 SECTION 18. Section 221.008, Election Code, is amended to
4-28 read as follows:
4-29 Sec. 221.008. Examination of Secured Ballots and Equipment.
4-30 A tribunal hearing an election contest may cause secured ballot
4-31 boxes, envelopes, voting machines, voting devices, or other
4-32 equipment used in the election to be unsecured to determine the
4-33 correct vote count or any other fact that the tribunal considers
4-34 pertinent to a fair and just disposition of the contest.
4-35 SECTION 19. Sections 273.041, 273.042, and 273.043, Election
4-36 Code, are amended to read as follows:
4-37 Sec. 273.041. Request to Examine Ballots. In the
4-38 investigation of criminal conduct in connection with an election, a
4-39 grand jury, on finding probable cause to believe an offense was
4-40 committed, may request a district judge of the county served by the
4-41 grand jury to order an examination of the voted ballots and the
4-42 ballot stubs <voted> in the election.
4-43 Sec. 273.042. Order by District Judge. On request of a
4-44 grand jury for an examination of voted ballots and ballot stubs, a
4-45 district judge may order the custodian of the <voted> ballots and
4-46 ballot stubs and the custodian of the keys to the ballot boxes to
4-47 deliver the ballot boxes, <and the> keys, and envelopes to the
4-48 grand jury.
4-49 Sec. 273.043. Conduct of Examination. The examination of
4-50 ballots and ballot stubs under this subchapter shall be conducted
4-51 in secret before the grand jury.
4-52 SECTION 20. The secretary of state by rule shall prescribe
4-53 any procedures necessary to implement this Act.
4-54 SECTION 21. This Act takes effect September 1, 1995.
4-55 SECTION 22. The importance of this legislation and the
4-56 crowded condition of the calendars in both houses create an
4-57 emergency and an imperative public necessity that the
4-58 constitutional rule requiring bills to be read on three several
4-59 days in each house be suspended, and this rule is hereby suspended.
4-60 * * * * *