By Danburg, Staples, Jones of Dallas, H.B. No. 2241
Madden, Hill
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.012(c), Election Code, is amended to
1-5 read as follows:
1-6 (c) Except as otherwise provided by this code or the open
1-7 records law, Chapter 552, Government Code <424, Acts of the 63rd
1-8 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
1-9 Texas Civil Statutes)>, all election records are public
1-10 information.
1-11 SECTION 2. Subchapter D, Chapter 13, Election Code, is
1-12 amended by adding Section 13.104 to read as follows:
1-13 Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead of
1-14 keeping the original registration applications and supporting
1-15 documentation as required by this title, the registrar may record
1-16 the applications and documentation on an optical disk or other
1-17 computer storage medium approved by the secretary of state.
1-18 (b) The storage medium must allow for the creation of a copy
1-19 of an application or supporting documentation.
1-20 (c) The secretary of state shall prescribe any procedures
1-21 necessary to implement this section.
1-22 SECTION 3. Section 16.031(b), Election Code, is amended to
1-23 read as follows:
1-24 (b) The registrar shall cancel a voter's registration
2-1 immediately if the registrar:
2-2 (1) determines from information received under Section
2-3 16.001(c) that the voter is deceased;
2-4 (2) has personal knowledge that the voter is deceased;
2-5 or
2-6 (3) receives from a person related within the second
2-7 degree by consanguinity or affinity, as determined under
2-8 Subchapter B, Chapter 573, Government Code <Article 5996h, Revised
2-9 Statutes>, to the voter a sworn statement by that person indicating
2-10 that the voter is deceased.
2-11 SECTION 4. Section 31.002(a), Election Code, is amended to
2-12 read as follows:
2-13 (a) The secretary of state shall prescribe the design and
2-14 content, consistent with this code, of the forms necessary for the
2-15 administration of this code. The design and content must enhance
2-16 the ability of a person to understand the applicable requirements
2-17 and to physically furnish the required information in the space
2-18 provided.
2-19 SECTION 5. Section 31.0021(a), Election Code, is amended to
2-20 read as follows:
2-21 (a) On forms designed and furnished by the secretary of
2-22 state for an application for a place on the ballot or a designation
2-23 of a campaign treasurer, the secretary shall include a brief
2-24 summary of:
2-25 (1) the nepotism prohibition imposed by Chapter 573,
2-26 Government Code <Article 5996a, Revised Statutes>; and
2-27 (2) a list of the specific kinds of relatives that are
3-1 included within the prohibited degrees of relationship prescribed
3-2 by Chapter 573, Government Code <Article 5996a, Revised Statutes>.
3-3 SECTION 6. Section 31.045(e), Election Code, is amended to
3-4 read as follows:
3-5 (e) The secretary may, on 30 days' notice, adopt a rule
3-6 classifying a duty or function if the rule is needed in a shorter
3-7 time than provided by the regular rulemaking process. The rule is
3-8 considered an emergency rule for purposes of the administrative
3-9 procedure law, Chapter 2001, Government Code <Administrative
3-10 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-11 Civil Statutes)>. The secretary is not required to give notice of
3-12 the proposed rule under Subsection (c), but the secretary must give
3-13 notice of the rule's adoption under that subsection.
3-14 SECTION 7. Section 31.100(d), Election Code, is amended to
3-15 read as follows:
3-16 (d) The county election officer may not be personally
3-17 compensated for election services performed under an election
3-18 services contract. A fee charged by the officer for general
3-19 supervision of the election may not exceed 10 <five> percent of the
3-20 total amount of the contract, but may not be less than $75.
3-21 SECTION 8. Sections 32.002(c) and (d), Election Code, are
3-22 amended to read as follows:
3-23 (c) In counties where two or more political parties held a
3-24 primary election in more than 30 percent of the number of county
3-25 designated polling places, the presiding judge and alternate
3-26 presiding judge must be affiliated or aligned with different
3-27 political parties, subject to this subsection. Before July of each
4-1 year, the county chair of a political party whose candidate for
4-2 governor received the highest or second highest number of votes in
4-3 the county in the most recent gubernatorial general election shall
4-4 submit in writing to the commissioners court the name of a person
4-5 for each precinct who is eligible for appointment as an election
4-6 judge. The commissioners court shall appoint the person whose name
4-7 is submitted in compliance with this subsection by the party with
4-8 the highest number of votes in the precinct as the presiding judge
4-9 and the person whose name is submitted in compliance with this
4-10 subsection by the party with the second highest number of votes in
4-11 the precinct as the alternate presiding judge. If a name is not
4-12 submitted in compliance with this subsection, the commissioners
4-13 court shall appoint an eligible person who is affiliated or aligned
4-14 with the appropriate party, if available.
4-15 (d) The commissioners court shall fill a vacancy in the
4-16 position of election judge for the remainder of the unexpired term.
4-17 An appointment to fill a vacancy may be made at any regular or
4-18 special term of court. Not later than the 30th day after the date
4-19 the vacancy occurs, the county chair of the same political party
4-20 with which the original judge was affiliated or aligned shall
4-21 submit to the commissioners court in writing the name of a person
4-22 who is eligible for the appointment. If a name is submitted in
4-23 compliance with this subsection, the commissioners court shall
4-24 appoint that person to the unexpired term. If a name is not
4-25 submitted in compliance with this subsection, the commissioners
4-26 court shall appoint an eligible person who is affiliated or aligned
4-27 with the same party, if available. <(d) The county clerk shall
5-1 recommend a presiding judge and an alternate judge for each
5-2 precinct and shall submit a list of the recommendations to the
5-3 commissioners court. The clerk shall also recommend an appointee
5-4 for each unexpired term. The court shall consider the clerk's
5-5 recommendation before making an appointment.>
5-6 SECTION 9. Sections 32.007(a) and (b), Election Code, are
5-7 amended to read as follows:
5-8 (a) If neither the presiding judge nor the alternate
5-9 presiding judge can serve in an election and their inability to
5-10 serve is discovered so late that it is impracticable to fill the
5-11 vacancy in the normal manner, the presiding officer of the
5-12 appointing authority or the authority if a single officer shall
5-13 appoint a replacement judge who is affiliated or aligned with the
5-14 same political party as was the original judge, if available, to
5-15 preside at the election. If the appointing authority is
5-16 unavailable, the authority responsible for distributing the
5-17 supplies for the election shall appoint the replacement judge.
5-18 (b) If a person authorized to act as presiding judge is not
5-19 present at the polling place at the time for opening the polls, on
5-20 receiving information of the absence, the authority authorized to
5-21 appoint a replacement under Subsection (a) shall investigate the
5-22 absence and appoint a replacement judge who is affiliated or
5-23 aligned with the same political party as was the original judge, if
5-24 available, unless the authority learns that a previously appointed
5-25 judge will immediately report for duty.
5-26 SECTION 10. Section 32.054(a), Election Code, is amended to
5-27 read as follows:
6-1 (a) A person is ineligible to serve as an election judge or
6-2 clerk in an election if the person is employed by or related within
6-3 the second degree by consanguinity or affinity, as determined under
6-4 Subchapter B, Chapter 573, Government Code <Article 5996h, Revised
6-5 Statutes>, to an opposed candidate for a public office or the party
6-6 office of county chair <chairman> in the election. For purposes of
6-7 this subsection, a candidate whose name appears on the ballot is
6-8 not considered to be opposed by a write-in candidate other than a
6-9 declared write-in candidate under Chapter 146.
6-10 SECTION 11. Subchapter C, Chapter 32, Election Code, is
6-11 amended by adding Section 32.057 to read as follows:
6-12 Sec. 32.057. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
6-13 OFFENSE. A person is ineligible to serve as an election judge or
6-14 clerk if the person has been finally convicted of an offense in
6-15 connection with conduct directly attributable to an election.
6-16 SECTION 12. Section 32.091, Election Code, is amended to
6-17 read as follows:
6-18 Sec. 32.091. Compensation for Services at Polling Place.
6-19 (a) An election judge or clerk is entitled to compensation for
6-20 services rendered at a precinct polling place at an hourly rate not
6-21 to exceed $6. A judge or clerk may be compensated at that rate for
6-22 services rendered under Section 62.014(c).
6-23 (b) A judge or clerk may not be paid for more than one hour
6-24 of work before the polls open, except for payment made for work
6-25 under Section 62.014(c). In a precinct in which voting machines
6-26 are used, a judge or clerk may not be paid for more than two hours
6-27 of work after the time for closing the polls or after the last
7-1 voter has voted, whichever is later.
7-2 SECTION 13. Section 32.094(a), Election Code, is amended to
7-3 read as follows:
7-4 (a) After each election, each presiding judge serving in the
7-5 election shall prepare and sign, in duplicate, a statement
7-6 containing the following information:
7-7 (1) the name and address of the presiding judge and
7-8 each clerk who served under the judge <him>;
7-9 (2) the number of hours that each election officer
7-10 worked at the polling place or at another location under Section
7-11 62.014(c), excluding time for which payment may not be made; and
7-12 (3) the name of the election officer who delivered the
7-13 election records, keys, and unused supplies, and, if more than one
7-14 officer, the name of and the amount of compensation allocated to
7-15 each officer.
7-16 SECTION 14. Section 33.002(a), Election Code, is amended to
7-17 read as follows:
7-18 (a) Watchers may be appointed by each candidate whose name
7-19 appears on the ballot or the list of declared write-in candidates
7-20 in an election for:
7-21 (1) a public office other than the office of
7-22 vice-president of the United States; or
7-23 (2) an office of a political party.
7-24 SECTION 15. Section 33.004(a), Election Code, is amended to
7-25 read as follows:
7-26 (a) A group of registered voters may appoint watchers on
7-27 behalf of a write-in candidate in an election in which a
8-1 declaration of write-in candidacy is not required to be filed.
8-2 SECTION 16. Sections 33.006(b) and (c), Election Code, are
8-3 amended to read as follows:
8-4 (b) A certificate of appointment must:
8-5 (1) be in writing and signed by the appointing
8-6 authority or, for an appointment for a write-in candidate under
8-7 Section 33.004, by each of the voters making the appointment;
8-8 (2) indicate the capacity in which the appointing
8-9 authority is acting;
8-10 (3) state the name, residence address, and voter
8-11 registration number of the appointee and be signed by the
8-12 appointee;
8-13 (4) identify the election and the precinct polling
8-14 place or other location at which the appointee is to serve;
8-15 (5) in an election on a measure, identify the measure
8-16 if more than one is to be voted on and state which side of the
8-17 measure the appointee represents; and
8-18 (6) contain an affidavit executed by the appointee
8-19 stating that the appointee will not have possession of any
8-20 mechanical or electronic means of recording images or sound while
8-21 serving as a watcher.
8-22 (c) In addition to complying with Subsection (b), a
8-23 certificate issued to a watcher appointed for a write-in candidate
8-24 under Section 33.004 must:
8-25 (1) include the residence address and voter
8-26 registration number of eligible signers in the required number;
8-27 (2) include the signed statement of the candidate, or
9-1 a person who would be authorized to make appointments on the
9-2 candidate's behalf if the candidate's name appeared on the ballot,
9-3 that the appointment is made with the signer's consent; and
9-4 (3) state the residence or office address of the
9-5 signer under Subdivision (2) and the capacity in which the signer
9-6 <he> signs, if the statement is not signed by the candidate.
9-7 SECTION 17. Section 33.033(a), Election Code, is amended to
9-8 read as follows:
9-9 (a) A person is ineligible to serve as a watcher at a
9-10 particular location if the person is the employer of or is employed
9-11 by or related within the second degree by consanguinity or
9-12 affinity, as determined under Subchapter B, Chapter 573, Government
9-13 Code <Article 5996h, Revised Statutes>, to an election judge, an
9-14 election clerk, an early voting clerk, or a deputy clerk serving at
9-15 that location.
9-16 SECTION 18. Section 34.001(c), Election Code, is amended to
9-17 read as follows:
9-18 (c) A request under Subsection (b) must be received by the
9-19 secretary of state not later than the fourth regular business day
9-20 before the date of the election for which the inspectors are
9-21 requested. The request is not available for public inspection
9-22 until the day after election day.
9-23 SECTION 19. Section 52.061(a), Election Code, is amended to
9-24 read as follows:
9-25 (a) The ballot shall be printed in black ink on white or
9-26 light-colored paper, but the ballot may not be the same color as
9-27 sample ballots.
10-1 SECTION 20. Section 62.014, Election Code, is amended by
10-2 adding Subsection (c) to read as follows:
10-3 (c) An election officer may make the changes to the list of
10-4 registered voters required by this section at a location other than
10-5 the polling place before it is opened for voting.
10-6 SECTION 21. Section 67.004(c), Election Code, is amended to
10-7 read as follows:
10-8 (c) The canvassing authority may prepare the tabulation as a
10-9 separate document or may enter the tabulation directly in the local
10-10 election register maintained for the authority. The authority
10-11 shall attach or include as part of the tabulation the report of
10-12 early voting votes by precinct <and by early voting polling place
10-13 location> received under Section 87.1231.
10-14 SECTION 22. Section 87.1231, Election Code, is amended to
10-15 read as follows:
10-16 Sec. 87.1231. Early Voting Votes Reported by Precinct <and
10-17 Polling Place Location>. Not later than the time of the local
10-18 canvass, the early voting clerk shall deliver to the local
10-19 canvassing authority a report of the total number of early voting
10-20 votes for each candidate or measure by election precinct <and by
10-21 early voting polling place location>. The report may reflect the
10-22 total for votes by mail and the total for votes by personal
10-23 appearance.
10-24 SECTION 23. Section 102.003(c), Election Code, is amended to
10-25 read as follows:
10-26 (c) To be eligible to serve as an applicant's
10-27 representative, a person:
11-1 (1) must be at least 18 years of age;
11-2 (2) must not be employed by or related within the
11-3 third degree by consanguinity or affinity, as determined under
11-4 Subchapter B, Chapter 573, Government Code <Article 5996h, Revised
11-5 Statutes>, to a candidate whose name appears on the ballot; and
11-6 (3) must not have served in the election as the
11-7 representative for another applicant.
11-8 SECTION 24. Section 103.001(a), Election Code, is amended to
11-9 read as follows:
11-10 (a) A qualified voter is eligible to vote a late ballot as
11-11 provided by this chapter if:
11-12 (1) the voter will be absent from the county of
11-13 residence on election day because of the death of a person related
11-14 to the voter within the second degree by consanguinity or affinity,
11-15 as determined under Subchapter B, Chapter 573, Government Code
11-16 <Article 5996h, Revised Statutes>; and
11-17 (2) the death occurs on or after the day before the
11-18 last day of the period for early voting by personal appearance.
11-19 SECTION 25. Section 127.201, Election Code, is amended to
11-20 read as follows:
11-21 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
11-22 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
11-23 tabulation of electronic voting system results, the general
11-24 custodian of election records shall conduct a manual count of all
11-25 the races in at least one percent of the election precincts or in
11-26 three precincts, whichever is greater, in which the electronic
11-27 voting system was used. The <Except as provided by Subsection (b),
12-1 the> custodian shall select the precincts at random and shall begin
12-2 the count not later than 72 hours after the polls close. The count
12-3 shall be completed not later than the 21st day after election day.
12-4 Subsection (b) supersedes this subsection to the extent of a
12-5 conflict.
12-6 (b) In a general election for state and county officers,
12-7 primary election, or election on a proposed amendment to the state
12-8 constitution or other statewide measure submitted by the
12-9 legislature, the secretary of state shall select, in accordance
12-10 with rules adopted by the secretary, the precincts to be counted
12-11 under Subsection (a). The secretary shall designate not more than
12-12 three offices and not more than three propositions to be counted in
12-13 the selected precincts. The secretary shall notify the general
12-14 custodian of election records of the precincts, offices, and
12-15 propositions selected under this subsection not earlier than the
12-16 day after election day.
12-17 (c) On selection or notification, as applicable, of the
12-18 precincts to be counted, the general custodian of election records
12-19 shall post in the custodian's office a notice of the date, hour,
12-20 and place of the count.
12-21 (d) <(c)> Each candidate in the election is entitled to be
12-22 present at the count and is entitled to have a representative
12-23 present. A representative must deliver a certificate of
12-24 appointment to the general custodian at the time the representative
12-25 reports for service. The certificate must be in writing and must
12-26 include:
12-27 (1) the printed name and signature of the
13-1 representative;
13-2 (2) the election subject to the count; and
13-3 (3) the printed name and signature of the candidate
13-4 making the appointment.
13-5 (e) <(d)> Not later than the third day after the date the
13-6 count is completed, the general custodian of election records shall
13-7 deliver a written report of the results of the count to the
13-8 secretary of state.
13-9 (f) <(e)> The secretary of state at any time may waive or
13-10 reinstate the requirements of this section for a particular
13-11 political subdivision.
13-12 SECTION 26. Section 141.031, Election Code, is amended to
13-13 read as follows:
13-14 Sec. 141.031. General Requirements for Application. (a) A
13-15 candidate's application for a place on the ballot that is required
13-16 by this code must:
13-17 (1) be in writing;
13-18 (2) be signed and sworn to by the candidate and
13-19 indicate the date that the candidate swears to the application;
13-20 (3) be timely filed with the appropriate authority;
13-21 and
13-22 (4) include:
13-23 (A) the candidate's name;
13-24 (B) the candidate's occupation;
13-25 (C) the office sought, including any place
13-26 number or other distinguishing number;
13-27 (D) an indication of whether the office sought
14-1 is to be filled for a full or unexpired term if the office sought
14-2 and another office to be voted on have the same title but do not
14-3 have place numbers or other distinguishing numbers;
14-4 (E) a statement that the candidate is a United
14-5 States citizen;
14-6 (F) a statement that the candidate has not been
14-7 determined mentally incompetent by a final judgment of a court;
14-8 (G) a statement that the candidate has not been
14-9 finally convicted of a felony from which the candidate has not been
14-10 pardoned or otherwise released from the resulting disabilities;
14-11 (H) the candidate's date of birth;
14-12 (I) the candidate's residence address or, if the
14-13 residence has no address, the address at which the candidate
14-14 receives mail and a concise description of the location of the
14-15 candidate's residence;
14-16 (J) the candidate's length of continuous
14-17 residence in the state and in the territory from which the office
14-18 sought is elected as of the date the candidate swears to the
14-19 application;
14-20 (K) the statement: "I, __________, of
14-21 __________ County, Texas, being a candidate for the office of
14-22 __________, swear that I will support and defend the constitution
14-23 and laws of the United States and of the State of Texas"; and
14-24 (L) a statement that the candidate is aware of
14-25 the nepotism law, Chapter 573, Government Code <Articles 5996a et
14-26 seq., Revised Statutes>.
14-27 (b) The residence indicated on the application must
15-1 correspond to any residence homestead that the candidate has for
15-2 purposes of Section 11.13, Tax Code, unless the candidate has
15-3 conveyed the property since qualifying for the exemption for that
15-4 property and has not qualified for the exemption for a new
15-5 residence.
15-6 SECTION 27. Sections 141.032(c) and (d), Election Code, are
15-7 amended to read as follows:
15-8 (c) If an application is accompanied by a petition, the
15-9 petition is considered part of the application, and the review
15-10 shall be completed as soon as practicable after the date the
15-11 application is received by the authority. However, the petition is
15-12 not considered part of the application for purposes of determining
15-13 compliance with the requirements applicable to each document, and a
15-14 deficiency in the requirements for one document may not be remedied
15-15 by the contents of the other document.
15-16 (d) A determination under this section that an application
15-17 complies with the applicable requirements does not preclude a
15-18 subsequent determination that the application does not comply,
15-19 subject to Section 141.034.
15-20 SECTION 28. Section 141.063, Election Code, is amended to
15-21 read as follows:
15-22 Sec. 141.063. VALIDITY OF SIGNATURE. (a) A signature on a
15-23 petition is valid if:
15-24 (1) except as otherwise provided by this code, the
15-25 signer, at the time of signing, is a registered voter of the
15-26 territory from which the office sought is elected or has been
15-27 issued a registration certificate for a registration that will
16-1 become effective in that territory on or before the date of the
16-2 applicable election;
16-3 (2) the petition includes the following information
16-4 with respect to each signer:
16-5 (A) the signer's residence address;
16-6 (B) the signer's voter registration number and,
16-7 if the territory from which signatures must be obtained is situated
16-8 in more than one county, the county of registration;
16-9 (C) the date of signing; and
16-10 (D) the signer's printed name;
16-11 (3) the part of the petition in which the signature
16-12 appears contains the affidavit required by Section 141.065;
16-13 (4) each statement that is required by this code to
16-14 appear on each page of the petition appears, at the time of
16-15 signing, on the page on which the signature is entered; and
16-16 (5) any other applicable requirements prescribed by
16-17 this code for a signature's validity are complied with.
16-18 (b) The signature is the only information that is required
16-19 to appear on the petition in the signer's own handwriting.
16-20 (c) The use of ditto marks or abbreviations does not
16-21 invalidate a signature if the required information is reasonably
16-22 ascertainable.
16-23 (d) The omission of the state from the signer's residence
16-24 address does not invalidate a signature unless the political
16-25 subdivision from which the signature is obtained is situated in
16-26 more than one state. The omission of the zip code from the address
16-27 does not invalidate a signature.
17-1 SECTION 29. Chapter 142, Election Code, is amended by adding
17-2 Section 142.0021 to read as follows:
17-3 Sec. 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN
17-4 ONE OFFICE PROHIBITED. (a) A candidate may not file declarations
17-5 of intent for two or more offices that:
17-6 (1) are not permitted by law to be held by the same
17-7 person; and
17-8 (2) are to be voted on at one or more elections held
17-9 on the same day.
17-10 (b) If a person files more than one declaration of intent in
17-11 violation of this section, each declaration filed subsequent to the
17-12 first one filed is invalid.
17-13 SECTION 30. Section 142.010(c), Election Code, is amended to
17-14 read as follows:
17-15 (c) A candidate's name may not be certified:
17-16 (1) if, before delivering the certification, the
17-17 certifying authority learns that the name is to be omitted from the
17-18 ballot under Section 145.064; or
17-19 (2) for an office for which the candidate's
17-20 declaration or application is invalid under Section 142.0021 or
17-21 141.033, as applicable.
17-22 SECTION 31. Section 162.008(a), Election Code, is amended to
17-23 read as follows:
17-24 (a) This section applies only to a person desiring to
17-25 affiliate with a political party during that part of a voting year
17-26 in which the general election for state and county officers is held
17-27 that follows:
18-1 (1) the date of the precinct conventions held under
18-2 this title, for a party nominating by convention; or
18-3 (2) 7 p.m. on general primary election day, for a
18-4 party holding a primary election.
18-5 SECTION 32. Section 171.022, Election Code, is amended by
18-6 amending Subsection (b) and adding Subsection (d) to read as
18-7 follows:
18-8 (b) Except as provided by Subsection (d), if <If> no
18-9 candidate receives a majority of the votes, a runoff to determine
18-10 the office is conducted in the same manner as a runoff primary
18-11 election to determine a nomination for public office. The
18-12 candidates to be in a runoff are determined in the same manner as
18-13 candidates in a runoff for a nomination.
18-14 (d) The state executive committee by rule may provide for
18-15 the election of the county chair or precinct chairs of a particular
18-16 county by plurality vote.
18-17 SECTION 33. Subchapter B, Chapter 171, Election Code, is
18-18 amended by adding Section 171.0221 to read as follows:
18-19 Sec. 171.0221. ACCEPTANCE OF OFFICE BY WRITE-IN CANDIDATE.
18-20 (a) Not later than the third day after the date the local canvass
18-21 is completed, the county executive committee shall deliver by
18-22 registered or certified mail, return receipt requested, to a
18-23 write-in candidate who receives the vote required for election to
18-24 the office of county or precinct chair a written notice of that
18-25 fact.
18-26 (b) To be entitled to assume the office of county or
18-27 precinct chair, a write-in candidate who receives the vote required
19-1 for election must file a written declaration of acceptance of the
19-2 office with the county executive committee not later than the third
19-3 day after the date of receipt of the notice under Subsection (a).
19-4 SECTION 34. Section 212.005, Election Code, is amended by
19-5 amending Subsection (c) and adding Subsection (d) to read as
19-6 follows:
19-7 (c) Except as provided by Subsection (d), if <If> more than
19-8 one petition or application is approved, the recount requested by
19-9 each person shall be conducted at the same time.
19-10 (d) If different counting methods are chosen under Section
19-11 214.042(a) among multiple requests for a recount of electronic
19-12 voting system results, only one method may be used in the recount.
19-13 A manual recount shall be conducted in preference to an electronic
19-14 recount and an electronic recount using a corrected program shall
19-15 be conducted in preference to an electronic recount using the same
19-16 program as the original count.
19-17 SECTION 35. Section 212.0241, Election Code, is amended to
19-18 read as follows:
19-19 Sec. 212.0241. No Ground Required for Electronic Voting
19-20 System Recount. (a) A ground for obtaining an initial recount as
19-21 prescribed by this subchapter is not required to obtain an initial
19-22 recount of electronic voting system results, subject to Subsection
19-23 (b).
19-24 (b) A candidate for nomination or election to an office may
19-25 obtain an initial recount of electronic voting system results in an
19-26 election in which the person was a candidate only if the candidate
19-27 is shown by the election returns not to be nominated or elected.
20-1 (c) The secretary of state shall prescribe any procedures
20-2 necessary to accommodate the authorization to obtain a recount of
20-3 electronic voting system results without a specific ground.
20-4 (d) This section does not affect the scope of a recount as
20-5 governed by Subchapter F.
20-6 SECTION 36. Sections 212.081, 212.083, and 212.085, Election
20-7 Code, are amended to read as follows:
20-8 Sec. 212.081. Applicability of Subchapter. This subchapter
20-9 applies to a recount in an election on an office in which:
20-10 (1) a majority vote is required for nomination or
20-11 election; and
20-12 (2) votes were cast for more than two candidates<; and>
20-13 <(3) a regularly scheduled runoff for another office
20-14 that was voted on at the same election, or at an election held
20-15 jointly with the election for which a recount is desired, is to be
20-16 held in any part of the territory covered by the election on the
20-17 office for which a recount is desired>.
20-18 Sec. 212.083. Deadline for Submitting Petition. The
20-19 <(a) If the date for the regularly scheduled runoff may not be
20-20 earlier than the 25th day after the date of the election in which
20-21 the recount is desired, the> deadline for submitting a recount
20-22 petition under this subchapter is the later of:
20-23 (1) 2 p.m. of the third day after election day; or
20-24 (2) 2 p.m. of the first day after the date of the
20-25 local canvass.
20-26 <(b) If the date for the regularly scheduled runoff may be
20-27 earlier than the 25th day after the date of the election, the
21-1 deadline for submitting the petition is 2 p.m. of the second day
21-2 after election day.>
21-3 Sec. 212.085. Deadline for Amending Petition. <(a)> The
21-4 deadline for amending a petition under this subchapter <governed by
21-5 Section 212.083(a)> is:
21-6 (1) 10 a.m. of the day after the date notice of defect
21-7 is received, if received at or after 12 midnight and before 12
21-8 noon; or
21-9 (2) 4 p.m. of the day after the date notice of defect
21-10 is received, if received at or after 12 noon and before 12
21-11 midnight.
21-12 <(b) The deadline for amending a petition governed by
21-13 Section 212.083(b) is:>
21-14 <(1) 4 p.m. of the day notice of defect is received,
21-15 if received at or after 12 midnight and before 10 a.m.;>
21-16 <(2) 10 a.m. of the day after the date notice of
21-17 defect is received, if received at or after 10 a.m. and before 5
21-18 p.m.; or>
21-19 <(3) 2 p.m. of the day after the date notice of defect
21-20 is received, if received at or after 5 p.m. and before 12
21-21 midnight.>
21-22 SECTION 37. Section 212.113, Election Code, is amended to
21-23 read as follows:
21-24 Sec. 212.113. Return of Deposit. (a) On rejection of a
21-25 recount document, the recount coordinator shall return the recount
21-26 deposit to the person who submitted the document.
21-27 (b) On the timely withdrawal of a recount document, the
22-1 recount coordinator shall return to the person who submitted the
22-2 document the recount deposit less any necessary expenditures made
22-3 toward the conduct of the recount before the request for withdrawal
22-4 was received.
22-5 (c) The recount coordinator shall return to each person
22-6 requesting a recount whose chosen counting method is not used under
22-7 Section 212.005(d) the recount deposit less any necessary
22-8 expenditures made toward the conduct of the recount before the
22-9 other counting method was determined to be the preferential method.
22-10 SECTION 38. Section 232.008, Election Code, is amended by
22-11 adding Subsection (d) to read as follows:
22-12 (d) A contestant must deliver a copy of the petition to the
22-13 secretary of state by the same deadline prescribed for the filing
22-14 of the petition.
22-15 SECTION 39. Section 233.006, Election Code, is amended by
22-16 adding Subsection (c) to read as follows:
22-17 (c) The contestant must deliver a copy of the petition to
22-18 the secretary of state by the same deadline prescribed for the
22-19 filing of the petition.
22-20 SECTION 40. Section 243.007(b), Election Code, is amended to
22-21 read as follows:
22-22 (b) The master must be a resident of the state who:
22-23 (1) is not employed by or related within the third
22-24 degree by consanguinity or affinity, as determined under Subchapter
22-25 B, Chapter 573, Government Code <Article 5996h, Revised Statutes>,
22-26 to a party to the contest; and
22-27 (2) is not an officer of a political party that had a
23-1 presidential nominee on the ballot of the contested election.
23-2 SECTION 41. Section 243.011(c), Election Code, is amended to
23-3 read as follows:
23-4 (c) Compliance with process issued under this chapter may be
23-5 enforced in the manner provided for enforcement of process issued
23-6 under the administrative procedure law, Chapter 2001, Government
23-7 Code <Administrative Procedure and Texas Register Act (Article
23-8 6252-13a, Vernon's Texas Civil Statutes)>.
23-9 SECTION 42. Chapter 271, Election Code, is amended by adding
23-10 Section 271.0071 to read as follows:
23-11 Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
23-12 restrictions on multiple methods of voting at the same polling
23-13 place or in early voting prescribed by Sections 123.005-123.007 do
23-14 not apply to a joint election as if the joint election were a
23-15 single election but rather apply independently to the election of
23-16 each participating political subdivision in the joint election.
23-17 SECTION 43. Section 277.002, Election Code, is amended to
23-18 read as follows:
23-19 Sec. 277.002. VALIDITY OF PETITION SIGNATURES. (a) For a
23-20 petition signature to be valid, a petition must:
23-21 (1) contain in addition to the signature:
23-22 (A) the signer's printed name;
23-23 (B) the signer's voter registration number and,
23-24 if the territory from which signatures must be obtained is situated
23-25 in more than one county, the county of registration;
23-26 (C) the signer's residence address; and
23-27 (D) the date of signing; and
24-1 (2) comply with any other applicable requirements
24-2 prescribed by law.
24-3 (b) The signature is the only information that is required
24-4 to appear on the petition in the signer's own handwriting.
24-5 (c) The use of ditto marks or abbreviations does not
24-6 invalidate a signature if the required information is reasonably
24-7 ascertainable.
24-8 (d) The omission of the state from the signer's residence
24-9 address does not invalidate a signature unless the political
24-10 subdivision from which the signature is obtained is situated in
24-11 more than one state. The omission of the zip code from the address
24-12 does not invalidate a signature.
24-13 (e) A petition signature is invalid if the signer signed the
24-14 petition earlier than the 180th day before the date the petition is
24-15 filed.
24-16 SECTION 44. Subtitle B, Title 2, Local Government Code, is
24-17 amended by adding Chapter 27 to read as follows:
24-18 CHAPTER 27. ALTERNATE FORMS OF ELECTING GOVERNING
24-19 BODIES OF CERTAIN MUNICIPALITIES
24-20 Sec. 27.001. APPLICATION. This chapter applies only to a
24-21 general-law municipality.
24-22 Sec. 27.002. TOWN MEETING. (a) Instead of an election
24-23 using election precincts and polling places to choose the members
24-24 of its governing body, a municipality may elect the members of the
24-25 governing body at a town meeting if a majority of the qualified
24-26 voters of the municipality are present at the meeting.
24-27 (b) The secretary of state shall adopt rules that govern the
25-1 procedure a municipality must use to elect its governing body under
25-2 this section.
25-3 SECTION 45. Subchapter A, Chapter 23, Education Code, is
25-4 amended by adding Section 23.026 to read as follows:
25-5 Sec. 23.026. ELECTING TRUSTEES BY TOWN MEETING IN CERTAIN
25-6 INDEPENDENT SCHOOL DISTRICTS. (a) Instead of an election using
25-7 election precincts and polling places to choose its trustees, an
25-8 independent school district with 1,600 or fewer students in average
25-9 daily attendance may elect its trustees at a town meeting if a
25-10 majority of the qualified voters of the district are present at the
25-11 meeting.
25-12 (b) The secretary of state shall adopt rules that govern the
25-13 procedure a district must use to elect its governing body under
25-14 this section.
25-15 SECTION 46. This Act takes effect September 1, 1995.
25-16 SECTION 47. The importance of this legislation and the
25-17 crowded condition of the calendars in both houses create an
25-18 emergency and an imperative public necessity that the
25-19 constitutional rule requiring bills to be read on three several
25-20 days in each house be suspended, and this rule is hereby suspended.