74R11621 GGS-D
By Danburg H.B. No. 2241
Substitute the following for H.B. No. 2241:
By Staples C.S.H.B. No. 2241
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) The presiding judge and alternate presiding judge must
3-24 be affiliated or aligned with different political parties, subject
3-25 to this subsection. Before July of each year, the county chair of
3-26 a political party whose candidate for governor received the highest
3-27 or second highest number of votes in the county in the most recent
4-1 gubernatorial general election shall submit in writing to the
4-2 commissioners court the name of a person for each precinct who is
4-3 eligible for appointment as an election judge. The commissioners
4-4 court shall appoint the person whose name is submitted in
4-5 compliance with this subsection by the party with the highest
4-6 number of votes in the precinct as the presiding judge and the
4-7 person whose name is submitted in compliance with this subsection
4-8 by the party with the second highest number of votes in the
4-9 precinct as the alternate presiding judge. If a name is not
4-10 submitted in compliance with this subsection, the commissioners
4-11 court shall appoint an eligible person who is affiliated or aligned
4-12 with the appropriate party, if available.
4-13 (d) The commissioners court shall fill a vacancy in the
4-14 position of election judge for the remainder of the unexpired term.
4-15 An appointment to fill a vacancy may be made at any regular or
4-16 special term of court. Not later than the 30th day after the date
4-17 the vacancy occurs, the county chair of the same political party
4-18 with which the original judge was affiliated or aligned shall
4-19 submit to the commissioners court in writing the name of a person
4-20 who is eligible for the appointment. If a name is submitted in
4-21 compliance with this subsection, the commissioners court shall
4-22 appoint that person to the unexpired term. If a name is not
4-23 submitted in compliance with this subsection, the commissioners
4-24 court shall appoint an eligible person who is affiliated or aligned
4-25 with the same party, if available. <(d) The county clerk shall
4-26 recommend a presiding judge and an alternate judge for each
4-27 precinct and shall submit a list of the recommendations to the
5-1 commissioners court. The clerk shall also recommend an appointee
5-2 for each unexpired term. The court shall consider the clerk's
5-3 recommendation before making an appointment.>
5-4 SECTION 9. Sections 32.007(a) and (b), Election Code, are
5-5 amended to read as follows:
5-6 (a) If neither the presiding judge nor the alternate
5-7 presiding judge can serve in an election and their inability to
5-8 serve is discovered so late that it is impracticable to fill the
5-9 vacancy in the normal manner, the presiding officer of the
5-10 appointing authority or the authority if a single officer shall
5-11 appoint a replacement judge who is affiliated or aligned with the
5-12 same political party as was the original judge, if available, to
5-13 preside at the election. If the appointing authority is
5-14 unavailable, the authority responsible for distributing the
5-15 supplies for the election shall appoint the replacement judge.
5-16 (b) If a person authorized to act as presiding judge is not
5-17 present at the polling place at the time for opening the polls, on
5-18 receiving information of the absence, the authority authorized to
5-19 appoint a replacement under Subsection (a) shall investigate the
5-20 absence and appoint a replacement judge who is affiliated or
5-21 aligned with the same political party as was the original judge, if
5-22 available, unless the authority learns that a previously appointed
5-23 judge will immediately report for duty.
5-24 SECTION 10. Section 32.054(a), Election Code, is amended to
5-25 read as follows:
5-26 (a) A person is ineligible to serve as an election judge or
5-27 clerk in an election if the person is employed by or related within
6-1 the second degree by consanguinity or affinity, as determined under
6-2 Subchapter B, Chapter 573, Government Code <Article 5996h, Revised
6-3 Statutes>, to an opposed candidate for a public office or the party
6-4 office of county chair <chairman> in the election. For purposes of
6-5 this subsection, a candidate whose name appears on the ballot is
6-6 not considered to be opposed by a write-in candidate other than a
6-7 declared write-in candidate under Chapter 146.
6-8 SECTION 11. Section 32.091, Election Code, is amended to
6-9 read as follows:
6-10 Sec. 32.091. Compensation for Services at Polling Place.
6-11 (a) An election judge or clerk is entitled to compensation for
6-12 services rendered at a precinct polling place at an hourly rate not
6-13 to exceed $6. A judge or clerk may be compensated at that rate for
6-14 services rendered under Section 62.014(c).
6-15 (b) A judge or clerk may not be paid for more than one hour
6-16 of work before the polls open, except for payment made for work
6-17 under Section 62.014(c). In a precinct in which voting machines
6-18 are used, a judge or clerk may not be paid for more than two hours
6-19 of work after the time for closing the polls or after the last
6-20 voter has voted, whichever is later.
6-21 SECTION 12. Section 32.094(a), Election Code, is amended to
6-22 read as follows:
6-23 (a) After each election, each presiding judge serving in the
6-24 election shall prepare and sign, in duplicate, a statement
6-25 containing the following information:
6-26 (1) the name and address of the presiding judge and
6-27 each clerk who served under the judge <him>;
7-1 (2) the number of hours that each election officer
7-2 worked at the polling place or at another location under Section
7-3 62.014(c), excluding time for which payment may not be made; and
7-4 (3) the name of the election officer who delivered the
7-5 election records, keys, and unused supplies, and, if more than one
7-6 officer, the name of and the amount of compensation allocated to
7-7 each officer.
7-8 SECTION 13. Section 33.002(a), Election Code, is amended to
7-9 read as follows:
7-10 (a) Watchers may be appointed by each candidate whose name
7-11 appears on the ballot or the list of declared write-in candidates
7-12 in an election for:
7-13 (1) a public office other than the office of
7-14 vice-president of the United States; or
7-15 (2) an office of a political party.
7-16 SECTION 14. Section 33.004(a), Election Code, is amended to
7-17 read as follows:
7-18 (a) A group of registered voters may appoint watchers on
7-19 behalf of a write-in candidate in an election in which a
7-20 declaration of write-in candidacy is not required to be filed.
7-21 SECTION 15. Sections 33.006(b) and (c), Election Code, are
7-22 amended to read as follows:
7-23 (b) A certificate of appointment must:
7-24 (1) be in writing and signed by the appointing
7-25 authority or, for an appointment for a write-in candidate under
7-26 Section 33.004, by each of the voters making the appointment;
7-27 (2) indicate the capacity in which the appointing
8-1 authority is acting;
8-2 (3) state the name, residence address, and voter
8-3 registration number of the appointee and be signed by the
8-4 appointee;
8-5 (4) identify the election and the precinct polling
8-6 place or other location at which the appointee is to serve;
8-7 (5) in an election on a measure, identify the measure
8-8 if more than one is to be voted on and state which side of the
8-9 measure the appointee represents; and
8-10 (6) contain an affidavit executed by the appointee
8-11 stating that the appointee will not have possession of any
8-12 mechanical or electronic means of recording images or sound while
8-13 serving as a watcher.
8-14 (c) In addition to complying with Subsection (b), a
8-15 certificate issued to a watcher appointed for a write-in candidate
8-16 under Section 33.004 must:
8-17 (1) include the residence address and voter
8-18 registration number of eligible signers in the required number;
8-19 (2) include the signed statement of the candidate, or
8-20 a person who would be authorized to make appointments on the
8-21 candidate's behalf if the candidate's name appeared on the ballot,
8-22 that the appointment is made with the signer's consent; and
8-23 (3) state the residence or office address of the
8-24 signer under Subdivision (2) and the capacity in which the signer
8-25 <he> signs, if the statement is not signed by the candidate.
8-26 SECTION 16. Section 33.033(a), Election Code, is amended to
8-27 read as follows:
9-1 (a) A person is ineligible to serve as a watcher at a
9-2 particular location if the person is the employer of or is employed
9-3 by or related within the second degree by consanguinity or
9-4 affinity, as determined under Subchapter B, Chapter 573, Government
9-5 Code <Article 5996h, Revised Statutes>, to an election judge, an
9-6 election clerk, an early voting clerk, or a deputy clerk serving at
9-7 that location.
9-8 SECTION 17. Section 34.001(c), Election Code, is amended to
9-9 read as follows:
9-10 (c) A request under Subsection (b) must be received by the
9-11 secretary of state not later than the fourth regular business day
9-12 before the date of the election for which the inspectors are
9-13 requested. The request is not available for public inspection
9-14 until the day after election day.
9-15 SECTION 18. Section 52.061(a), Election Code, is amended to
9-16 read as follows:
9-17 (a) The ballot shall be printed in black ink on white or
9-18 light-colored paper, but the ballot may not be the same color as
9-19 sample ballots.
9-20 SECTION 19. Section 62.014, Election Code, is amended by
9-21 adding Subsection (c) to read as follows:
9-22 (c) An election officer may make the changes to the list of
9-23 registered voters required by this section at a location other than
9-24 the polling place before it is opened for voting.
9-25 SECTION 20. Section 67.004(c), Election Code, is amended to
9-26 read as follows:
9-27 (c) The canvassing authority may prepare the tabulation as a
10-1 separate document or may enter the tabulation directly in the local
10-2 election register maintained for the authority. The authority
10-3 shall attach or include as part of the tabulation the report of
10-4 early voting votes by precinct <and by early voting polling place
10-5 location> received under Section 87.1231.
10-6 SECTION 21. Section 87.1231, Election Code, is amended to
10-7 read as follows:
10-8 Sec. 87.1231. Early Voting Votes Reported by Precinct <and
10-9 Polling Place Location>. Not later than the time of the local
10-10 canvass, the early voting clerk shall deliver to the local
10-11 canvassing authority a report of the total number of early voting
10-12 votes for each candidate or measure by election precinct <and by
10-13 early voting polling place location>. The report may reflect the
10-14 total for votes by mail and the total for votes by personal
10-15 appearance.
10-16 SECTION 22. Section 102.003(c), Election Code, is amended to
10-17 read as follows:
10-18 (c) To be eligible to serve as an applicant's
10-19 representative, a person:
10-20 (1) must be at least 18 years of age;
10-21 (2) must not be employed by or related within the
10-22 third degree by consanguinity or affinity, as determined under
10-23 Subchapter B, Chapter 573, Government Code <Article 5996h, Revised
10-24 Statutes>, to a candidate whose name appears on the ballot; and
10-25 (3) must not have served in the election as the
10-26 representative for another applicant.
10-27 SECTION 23. Section 103.001(a), Election Code, is amended to
11-1 read as follows:
11-2 (a) A qualified voter is eligible to vote a late ballot as
11-3 provided by this chapter if:
11-4 (1) the voter will be absent from the county of
11-5 residence on election day because of the death of a person related
11-6 to the voter within the second degree by consanguinity or affinity,
11-7 as determined under Subchapter B, Chapter 573, Government Code
11-8 <Article 5996h, Revised Statutes>; and
11-9 (2) the death occurs on or after the day before the
11-10 last day of the period for early voting by personal appearance.
11-11 SECTION 24. Section 127.201, Election Code, is amended to
11-12 read as follows:
11-13 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
11-14 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
11-15 tabulation of electronic voting system results, the general
11-16 custodian of election records shall conduct a manual count of all
11-17 the races in at least one percent of the election precincts or in
11-18 three precincts, whichever is greater, in which the electronic
11-19 voting system was used. The <Except as provided by Subsection (b),
11-20 the> custodian shall select the precincts at random and shall begin
11-21 the count not later than 72 hours after the polls close. The count
11-22 shall be completed not later than the 21st day after election day.
11-23 Subsection (b) supersedes this subsection to the extent of a
11-24 conflict.
11-25 (b) In a general election for state and county officers,
11-26 primary election, or election on a proposed amendment to the state
11-27 constitution or other statewide measure submitted by the
12-1 legislature, the secretary of state shall select, in accordance
12-2 with rules adopted by the secretary, the precincts to be counted
12-3 under Subsection (a). The secretary shall designate not more than
12-4 three offices and not more than three propositions to be counted in
12-5 the selected precincts. The secretary shall notify the general
12-6 custodian of election records of the precincts, offices, and
12-7 propositions selected under this subsection not earlier than the
12-8 day after election day.
12-9 (c) On selection or notification, as applicable, of the
12-10 precincts to be counted, the general custodian of election records
12-11 shall post in the custodian's office a notice of the date, hour,
12-12 and place of the count.
12-13 (d) <(c)> Each candidate in the election is entitled to be
12-14 present at the count and is entitled to have a representative
12-15 present. A representative must deliver a certificate of
12-16 appointment to the general custodian at the time the representative
12-17 reports for service. The certificate must be in writing and must
12-18 include:
12-19 (1) the printed name and signature of the
12-20 representative;
12-21 (2) the election subject to the count; and
12-22 (3) the printed name and signature of the candidate
12-23 making the appointment.
12-24 (e) <(d)> Not later than the third day after the date the
12-25 count is completed, the general custodian of election records shall
12-26 deliver a written report of the results of the count to the
12-27 secretary of state.
13-1 (f) <(e)> The secretary of state at any time may waive or
13-2 reinstate the requirements of this section for a particular
13-3 political subdivision.
13-4 SECTION 25. Section 141.031, Election Code, is amended to
13-5 read as follows:
13-6 Sec. 141.031. General Requirements for Application. A
13-7 candidate's application for a place on the ballot that is required
13-8 by this code must:
13-9 (1) be in writing;
13-10 (2) be signed and sworn to by the candidate and
13-11 indicate the date that the candidate swears to the application;
13-12 (3) be timely filed with the appropriate authority;
13-13 and
13-14 (4) include:
13-15 (A) the candidate's name;
13-16 (B) the candidate's occupation;
13-17 (C) the office sought, including any place
13-18 number or other distinguishing number;
13-19 (D) an indication of whether the office sought
13-20 is to be filled for a full or unexpired term if the office sought
13-21 and another office to be voted on have the same title but do not
13-22 have place numbers or other distinguishing numbers;
13-23 (E) a statement that the candidate is a United
13-24 States citizen;
13-25 (F) a statement that the candidate has not been
13-26 determined mentally incompetent by a final judgment of a court;
13-27 (G) a statement that the candidate has not been
14-1 finally convicted of a felony from which the candidate has not been
14-2 pardoned or otherwise released from the resulting disabilities;
14-3 (H) the candidate's date of birth;
14-4 (I) the candidate's residence address or, if the
14-5 residence has no address, the address at which the candidate
14-6 receives mail and a concise description of the location of the
14-7 candidate's residence;
14-8 (J) the candidate's length of continuous
14-9 residence in the state and in the territory from which the office
14-10 sought is elected as of the date the candidate swears to the
14-11 application;
14-12 (K) the statement: "I, __________, of
14-13 __________ County, Texas, being a candidate for the office of
14-14 __________, swear that I will support and defend the constitution
14-15 and laws of the United States and of the State of Texas"; and
14-16 (L) a statement that the candidate is aware of
14-17 the nepotism law, Chapter 573, Government Code <Articles 5996a et
14-18 seq., Revised Statutes>.
14-19 SECTION 26. Sections 141.032(c) and (d), Election Code, are
14-20 amended to read as follows:
14-21 (c) If an application is accompanied by a petition, the
14-22 petition is considered part of the application, and the review
14-23 shall be completed as soon as practicable after the date the
14-24 application is received by the authority. However, the petition is
14-25 not considered part of the application for purposes of determining
14-26 compliance with the requirements applicable to each document, and a
14-27 deficiency in the requirements for one document may not be remedied
15-1 by the contents of the other document.
15-2 (d) A determination under this section that an application
15-3 complies with the applicable requirements does not preclude a
15-4 subsequent determination that the application does not comply,
15-5 subject to Section 141.034.
15-6 SECTION 27. Section 141.063, Election Code, is amended to
15-7 read as follows:
15-8 Sec. 141.063. VALIDITY OF SIGNATURE. (a) A signature on a
15-9 petition is valid if:
15-10 (1) except as otherwise provided by this code, the
15-11 signer, at the time of signing, is a registered voter of the
15-12 territory from which the office sought is elected or has been
15-13 issued a registration certificate for a registration that will
15-14 become effective in that territory on or before the date of the
15-15 applicable election;
15-16 (2) the petition includes the following information
15-17 with respect to each signer:
15-18 (A) the signer's residence address;
15-19 (B) the signer's voter registration number and,
15-20 if the territory from which signatures must be obtained is situated
15-21 in more than one county, the county of registration;
15-22 (C) the date of signing; and
15-23 (D) the signer's printed name;
15-24 (3) the part of the petition in which the signature
15-25 appears contains the affidavit required by Section 141.065;
15-26 (4) each statement that is required by this code to
15-27 appear on each page of the petition appears, at the time of
16-1 signing, on the page on which the signature is entered; and
16-2 (5) any other applicable requirements prescribed by
16-3 this code for a signature's validity are complied with.
16-4 (b) The signature is the only information that is required
16-5 to appear on the petition in the signer's own handwriting.
16-6 (c) The use of ditto marks or abbreviations does not
16-7 invalidate a signature if the required information is reasonably
16-8 ascertainable.
16-9 (d) The omission of the state from the signer's residence
16-10 address does not invalidate a signature unless the political
16-11 subdivision from which the signature is obtained is situated in
16-12 more than one state. The omission of the zip code from the address
16-13 does not invalidate a signature.
16-14 SECTION 28. Chapter 142, Election Code, is amended by adding
16-15 Section 142.0021 to read as follows:
16-16 Sec. 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN
16-17 ONE OFFICE PROHIBITED. (a) A candidate may not file declarations
16-18 of intent for two or more offices that:
16-19 (1) are not permitted by law to be held by the same
16-20 person; and
16-21 (2) are to be voted on at one or more elections held
16-22 on the same day.
16-23 (b) If a person files more than one declaration of intent in
16-24 violation of this section, each declaration filed subsequent to the
16-25 first one filed is invalid.
16-26 SECTION 29. Section 142.010(c), Election Code, is amended to
16-27 read as follows:
17-1 (c) A candidate's name may not be certified:
17-2 (1) if, before delivering the certification, the
17-3 certifying authority learns that the name is to be omitted from the
17-4 ballot under Section 145.064; or
17-5 (2) for an office for which the candidate's
17-6 declaration or application is invalid under Section 142.0021 or
17-7 141.033, as applicable.
17-8 SECTION 30. Section 162.008(a), Election Code, is amended to
17-9 read as follows:
17-10 (a) This section applies only to a person desiring to
17-11 affiliate with a political party during that part of a voting year
17-12 in which the general election for state and county officers is held
17-13 that follows:
17-14 (1) the date of the precinct conventions held under
17-15 this title, for a party nominating by convention; or
17-16 (2) 7 p.m. on general primary election day, for a
17-17 party holding a primary election.
17-18 SECTION 31. Section 171.022, Election Code, is amended by
17-19 amending Subsection (b) and adding Subsection (d) to read as
17-20 follows:
17-21 (b) Except as provided by Subsection (d), if <If> no
17-22 candidate receives a majority of the votes, a runoff to determine
17-23 the office is conducted in the same manner as a runoff primary
17-24 election to determine a nomination for public office. The
17-25 candidates to be in a runoff are determined in the same manner as
17-26 candidates in a runoff for a nomination.
17-27 (d) The state executive committee by rule may provide for
18-1 the election of the county chair or precinct chairs of a particular
18-2 county by plurality vote.
18-3 SECTION 32. Subchapter B, Chapter 171, Election Code, is
18-4 amended by adding Section 171.0221 to read as follows:
18-5 Sec. 171.0221. ACCEPTANCE OF OFFICE BY WRITE-IN CANDIDATE.
18-6 (a) Not later than the third day after the date the local canvass
18-7 is completed, the county executive committee shall deliver by
18-8 registered or certified mail, return receipt requested, to a
18-9 write-in candidate who receives the vote required for election to
18-10 the office of county or precinct chair a written notice of that
18-11 fact.
18-12 (b) To be entitled to assume the office of county or
18-13 precinct chair, a write-in candidate who receives the vote required
18-14 for election must file a written declaration of acceptance of the
18-15 office with the county executive committee not later than the third
18-16 day after the date of receipt of the notice under Subsection (a).
18-17 SECTION 33. Section 212.005, Election Code, is amended by
18-18 amending Subsection (c) and adding Subsection (d) to read as
18-19 follows:
18-20 (c) Except as provided by Subsection (d), if <If> more than
18-21 one petition or application is approved, the recount requested by
18-22 each person shall be conducted at the same time.
18-23 (d) If different counting methods are chosen under Section
18-24 214.042(a) among multiple requests for a recount of electronic
18-25 voting system results, only one method may be used in the recount.
18-26 A manual recount shall be conducted in preference to an electronic
18-27 recount and an electronic recount using a corrected program shall
19-1 be conducted in preference to an electronic recount using the same
19-2 program as the original count.
19-3 SECTION 34. Section 212.0241, Election Code, is amended to
19-4 read as follows:
19-5 Sec. 212.0241. No Ground Required for Electronic Voting
19-6 System Recount. (a) A ground for obtaining an initial recount as
19-7 prescribed by this subchapter is not required to obtain an initial
19-8 recount of electronic voting system results, subject to Subsection
19-9 (b).
19-10 (b) A candidate for nomination or election to an office may
19-11 obtain an initial recount of electronic voting system results in an
19-12 election in which the person was a candidate only if the candidate
19-13 is shown by the election returns not to be nominated or elected.
19-14 (c) The secretary of state shall prescribe any procedures
19-15 necessary to accommodate the authorization to obtain a recount of
19-16 electronic voting system results without a specific ground.
19-17 (d) This section does not affect the scope of a recount as
19-18 governed by Subchapter F.
19-19 SECTION 35. Sections 212.081, 212.083, and 212.085, Election
19-20 Code, are amended to read as follows:
19-21 Sec. 212.081. Applicability of Subchapter. This subchapter
19-22 applies to a recount in an election on an office in which:
19-23 (1) a majority vote is required for nomination or
19-24 election; and
19-25 (2) votes were cast for more than two candidates<; and>
19-26 <(3) a regularly scheduled runoff for another office
19-27 that was voted on at the same election, or at an election held
20-1 jointly with the election for which a recount is desired, is to be
20-2 held in any part of the territory covered by the election on the
20-3 office for which a recount is desired>.
20-4 Sec. 212.083. Deadline for Submitting Petition. The
20-5 <(a) If the date for the regularly scheduled runoff may not be
20-6 earlier than the 25th day after the date of the election in which
20-7 the recount is desired, the> deadline for submitting a recount
20-8 petition under this subchapter is the later of:
20-9 (1) 2 p.m. of the third day after election day; or
20-10 (2) 2 p.m. of the first day after the date of the
20-11 local canvass.
20-12 <(b) If the date for the regularly scheduled runoff may be
20-13 earlier than the 25th day after the date of the election, the
20-14 deadline for submitting the petition is 2 p.m. of the second day
20-15 after election day.>
20-16 Sec. 212.085. Deadline for Amending Petition. <(a)> The
20-17 deadline for amending a petition under this subchapter <governed by
20-18 Section 212.083(a)> is:
20-19 (1) 10 a.m. of the day after the date notice of defect
20-20 is received, if received at or after 12 midnight and before 12
20-21 noon; or
20-22 (2) 4 p.m. of the day after the date notice of defect
20-23 is received, if received at or after 12 noon and before 12
20-24 midnight.
20-25 <(b) The deadline for amending a petition governed by
20-26 Section 212.083(b) is:>
20-27 <(1) 4 p.m. of the day notice of defect is received,
21-1 if received at or after 12 midnight and before 10 a.m.;>
21-2 <(2) 10 a.m. of the day after the date notice of
21-3 defect is received, if received at or after 10 a.m. and before 5
21-4 p.m.; or>
21-5 <(3) 2 p.m. of the day after the date notice of defect
21-6 is received, if received at or after 5 p.m. and before 12
21-7 midnight.>
21-8 SECTION 36. Section 212.113, Election Code, is amended to
21-9 read as follows:
21-10 Sec. 212.113. Return of Deposit. (a) On rejection of a
21-11 recount document, the recount coordinator shall return the recount
21-12 deposit to the person who submitted the document.
21-13 (b) On the timely withdrawal of a recount document, the
21-14 recount coordinator shall return to the person who submitted the
21-15 document the recount deposit less any necessary expenditures made
21-16 toward the conduct of the recount before the request for withdrawal
21-17 was received.
21-18 (c) The recount coordinator shall return to each person
21-19 requesting a recount whose chosen counting method is not used under
21-20 Section 212.005(d) the recount deposit less any necessary
21-21 expenditures made toward the conduct of the recount before the
21-22 other counting method was determined to be the preferential method.
21-23 SECTION 37. Section 232.008, Election Code, is amended by
21-24 adding Subsection (d) to read as follows:
21-25 (d) A contestant must deliver a copy of the petition to the
21-26 secretary of state by the same deadline prescribed for the filing
21-27 of the petition.
22-1 SECTION 38. Section 233.006, Election Code, is amended by
22-2 adding Subsection (c) to read as follows:
22-3 (c) The contestant must deliver a copy of the petition to
22-4 the secretary of state by the same deadline prescribed for the
22-5 filing of the petition.
22-6 SECTION 39. Section 243.007(b), Election Code, is amended to
22-7 read as follows:
22-8 (b) The master must be a resident of the state who:
22-9 (1) is not employed by or related within the third
22-10 degree by consanguinity or affinity, as determined under Subchapter
22-11 B, Chapter 573, Government Code <Article 5996h, Revised Statutes>,
22-12 to a party to the contest; and
22-13 (2) is not an officer of a political party that had a
22-14 presidential nominee on the ballot of the contested election.
22-15 SECTION 40. Section 243.011(c), Election Code, is amended to
22-16 read as follows:
22-17 (c) Compliance with process issued under this chapter may be
22-18 enforced in the manner provided for enforcement of process issued
22-19 under the administrative procedure law, Chapter 2001, Government
22-20 Code <Administrative Procedure and Texas Register Act (Article
22-21 6252-13a, Vernon's Texas Civil Statutes)>.
22-22 SECTION 41. Chapter 271, Election Code, is amended by adding
22-23 Section 271.0071 to read as follows:
22-24 Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
22-25 restrictions on multiple methods of voting at the same polling
22-26 place or in early voting prescribed by Sections 123.005-123.007 do
22-27 not apply to a joint election as if the joint election were a
23-1 single election but rather apply independently to the election of
23-2 each participating political subdivision in the joint election.
23-3 SECTION 42. Section 277.002, Election Code, is amended to
23-4 read as follows:
23-5 Sec. 277.002. VALIDITY OF PETITION SIGNATURES. (a) For a
23-6 petition signature to be valid, a petition must:
23-7 (1) contain in addition to the signature:
23-8 (A) the signer's printed name;
23-9 (B) the signer's voter registration number and,
23-10 if the territory from which signatures must be obtained is situated
23-11 in more than one county, the county of registration;
23-12 (C) the signer's residence address; and
23-13 (D) the date of signing; and
23-14 (2) comply with any other applicable requirements
23-15 prescribed by law.
23-16 (b) The signature is the only information that is required
23-17 to appear on the petition in the signer's own handwriting.
23-18 (c) The use of ditto marks or abbreviations does not
23-19 invalidate a signature if the required information is reasonably
23-20 ascertainable.
23-21 (d) The omission of the state from the signer's residence
23-22 address does not invalidate a signature unless the political
23-23 subdivision from which the signature is obtained is situated in
23-24 more than one state. The omission of the zip code from the address
23-25 does not invalidate a signature.
23-26 (e) A petition signature is invalid if the signer signed the
23-27 petition earlier than the 180th day before the date the petition is
24-1 filed.
24-2 SECTION 43. This Act takes effect September 1, 1995.
24-3 SECTION 44. The importance of this legislation and the
24-4 crowded condition of the calendars in both houses create an
24-5 emergency and an imperative public necessity that the
24-6 constitutional rule requiring bills to be read on three several
24-7 days in each house be suspended, and this rule is hereby suspended.