By Danburg H.B. No. 2241
74R6374 GGS-D
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 31.002, Election Code, is amended by
1-5 amending Subsection (a) and adding Subsection (e) to read as
1-6 follows:
1-7 (a) The secretary of state shall prescribe the design and
1-8 content, consistent with this code, of the forms necessary for the
1-9 administration of this code. The design and content must enhance
1-10 the ability of a person to understand the applicable requirements
1-11 and to physically furnish the required information in the space
1-12 provided.
1-13 (e) A form for an application for a place on the ballot or a
1-14 petition filed in connection with an election may not be furnished
1-15 for use unless the form is prescribed or approved by the secretary
1-16 of state.
1-17 SECTION 2. Subchapter A, Chapter 61, Election Code, is
1-18 amended by adding Section 61.011 to read as follows:
1-19 Sec. 61.011. REMOVING WRITTEN COMMUNICATIONS FOUND IN
1-20 POLLING PLACE. (a) An election officer shall periodically check
1-21 each voting station and other areas of the polling place for sample
1-22 ballots or other written communications used by voters that were
1-23 left or discarded in the polling place.
1-24 (b) An election officer shall remove from the sight of the
2-1 voters any written communication found under Subsection (a).
2-2 SECTION 3. Sections 63.011 and 63.012, Election Code, are
2-3 amended to read as follows:
2-4 <Sec. 63.011. WRITTEN COMMUNICATION PROHIBITED. (a) A
2-5 voter may not have in his actual possession while marking the
2-6 ballot a written communication that:>
2-7 <(1) was prepared and furnished to the voter by
2-8 another person; and>
2-9 <(2) is marked or printed in a way that identifies one
2-10 or more candidates or measures for which the voter has agreed to
2-11 vote or has been requested to vote.>
2-12 <(b) A sample ballot that has not been marked or printed in
2-13 a way that identifies candidates or measures for which to vote,
2-14 that is obtained by the voter from a newspaper or another person,
2-15 and that the voter marks himself is one example of a written
2-16 communication that is not prohibited under Subsection (a).>
2-17 <(c) An election officer may not accept a voter for voting
2-18 if the officer knows that the voter has actual possession of a
2-19 communication prohibited by Subsection (a) at the time he offers to
2-20 vote.>
2-21 <(d) An election officer may require a voter to answer under
2-22 oath whether the voter has actual possession of a communication
2-23 prohibited by Subsection (a). If a voter has a prohibited
2-24 communication, the voter may not receive an official ballot until
2-25 the voter delivers the communication to the election officer.>
2-26 <(e) A person commits an offense if the person violates
2-27 Subsection (a). The offense is a Class C misdemeanor.>
3-1 Sec. 63.011 <63.012>. Unlawfully Accepting or Refusing to
3-2 Accept Voter. (a) An election officer commits an offense if the
3-3 officer knowingly:
3-4 (1) permits an ineligible voter to vote without having
3-5 been challenged; or
3-6 (2) refuses to accept a person for voting whose
3-7 acceptance is required by this code.
3-8 (b) An offense under this section is a Class B misdemeanor.
3-9 SECTION 4. An offense under Section 63.011, Election Code,
3-10 committed before the effective date of this Act is subject to the
3-11 law in effect when the offense was committed, and that law is
3-12 continued in effect for that purpose. For purposes of this
3-13 section, an offense was committed before the effective date of this
3-14 Act if any element of the offense occurred before that date.
3-15 SECTION 5. Subchapter E, Chapter 172, Election Code, is
3-16 amended by adding Section 172.1142 to read as follows:
3-17 Sec. 172.1142. ADDITIONAL CONTENTS OF ENVELOPES. In
3-18 addition to the contents otherwise required by this code, envelope
3-19 no. 1 must contain a copy of the poll list and signature roster,
3-20 and envelope no. 3 must contain a copy of the signature roster.
3-21 SECTION 6. Chapter 276, Election Code, is amended by adding
3-22 Section 276.009 to read as follows:
3-23 Sec. 276.009. VOTE REQUIREMENT APPLICABLE TO ELECTION ON
3-24 MEASURE. If a statute provides for submitting a measure to the
3-25 voters of a governmental entity at an election and provides that
3-26 the result of the election depends on whether the measure is
3-27 approved by a majority of the qualified or registered voters of the
4-1 governmental entity, the measure is approved only if it receives a
4-2 favorable vote from a majority of all the registered voters of that
4-3 entity. The measure is not approved if it receives a favorable
4-4 vote only from a majority of the qualified or registered voters in
4-5 the governmental entity who vote at the election.
4-6 SECTION 7. Section 277.002, Election Code, is amended to
4-7 read as follows:
4-8 Sec. 277.002. VALIDITY OF PETITION SIGNATURES. (a) For a
4-9 petition signature to be valid, a petition must:
4-10 (1) contain in addition to the signature:
4-11 (A) the signer's printed name;
4-12 (B) the signer's voter registration number and,
4-13 if the territory from which signatures must be obtained is situated
4-14 in more than one county, the county of registration;
4-15 (C) the signer's residence address; and
4-16 (D) the date of signing; and
4-17 (2) comply with any other applicable requirements
4-18 prescribed by law.
4-19 (b) The signature is the only information that is required
4-20 to appear on the petition in the signer's own handwriting.
4-21 (c) The use of ditto marks or abbreviations does not
4-22 invalidate a signature if the required information is reasonably
4-23 ascertainable.
4-24 (d) The omission of the state from the signer's residence
4-25 address does not invalidate a signature unless the political
4-26 subdivision from which the signature is obtained is situated in
4-27 more than one state. The omission of the zip code from the address
5-1 does not invalidate a signature.
5-2 (e) A petition signature is invalid if the signer signed the
5-3 petition earlier than the 180th day before the date the petition is
5-4 filed.
5-5 SECTION 8. Section 141.063, Election Code, is amended to
5-6 read as follows:
5-7 Sec. 141.063. VALIDITY OF SIGNATURE. (a) A signature on a
5-8 petition is valid if:
5-9 (1) except as otherwise provided by this code, the
5-10 signer, at the time of signing, is a registered voter of the
5-11 territory from which the office sought is elected or has been
5-12 issued a registration certificate for a registration that will
5-13 become effective in that territory on or before the date of the
5-14 applicable election;
5-15 (2) the petition includes the following information
5-16 with respect to each signer:
5-17 (A) the signer's residence address;
5-18 (B) the signer's voter registration number and,
5-19 if the territory from which signatures must be obtained is situated
5-20 in more than one county, the county of registration;
5-21 (C) the date of signing; and
5-22 (D) the signer's printed name;
5-23 (3) the part of the petition in which the signature
5-24 appears contains the affidavit required by Section 141.065;
5-25 (4) each statement that is required by this code to
5-26 appear on each page of the petition appears, at the time of
5-27 signing, on the page on which the signature is entered; and
6-1 (5) any other applicable requirements prescribed by
6-2 this code for a signature's validity are complied with.
6-3 (b) The signature is the only information that is required
6-4 to appear on the petition in the signer's own handwriting.
6-5 (c) The use of ditto marks or abbreviations does not
6-6 invalidate a signature if the required information is reasonably
6-7 ascertainable.
6-8 (d) The omission of the state from the signer's residence
6-9 address does not invalidate a signature unless the political
6-10 subdivision from which the signature is obtained is situated in
6-11 more than one state. The omission of the zip code from the address
6-12 does not invalidate a signature.
6-13 SECTION 9. This Act takes effect September 1, 1995.
6-14 SECTION 10. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.