By Brimer H.B. No. 2347
74R5568 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the elimination of straight-party voting.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 62.011(c), Election Code, is amended to
1-5 read as follows:
1-6 (c) The poster must include instructions applicable to the
1-7 election on:
1-8 (1) marking and depositing the ballot;
1-9 (2) voting for a write-in candidate; and
1-10 (3) <casting a straight-party vote; and>
1-11 <(4)> securing an additional ballot if the voter's
1-12 original ballot is spoiled.
1-13 SECTION 2. Section 122.001, Election Code, is amended to
1-14 read as follows:
1-15 Sec. 122.001. Voting System Standards. (a) A voting system
1-16 may not be used in an election unless the system:
1-17 (1) preserves the secrecy of the ballot;
1-18 (2) is suitable for the purpose for which it is
1-19 intended;
1-20 (3) operates safely, efficiently, and accurately;
1-21 (4) is safe from fraudulent or unauthorized
1-22 manipulation;
1-23 (5) permits voting on all offices and measures to be
1-24 voted on at the election;
2-1 (6) prevents counting votes on offices and measures on
2-2 which the voter is not entitled to vote;
2-3 (7) prevents counting votes by the same voter for more
2-4 than one candidate for the same office or, in elections in which a
2-5 voter is entitled to vote for more than one candidate for the same
2-6 office, prevents counting votes for more than the number of
2-7 candidates for which the voter is entitled to vote;
2-8 (8) prevents counting a vote on the same office or
2-9 measure more than once;
2-10 (9) permits write-in voting; and
2-11 (10) <is capable of permitting straight-party voting;
2-12 and>
2-13 <(11)> is capable of providing records from which the
2-14 operation of the voting system may be audited.
2-15 (b) <A voting system may not be used in an election in which
2-16 straight-party voting is permitted unless the system permits or
2-17 prevents, as applicable, counting votes in accordance with Sections
2-18 65.007(c) and (d).>
2-19 <(c)> The secretary of state may prescribe additional
2-20 standards for voting systems consistent with this title. The
2-21 standards may apply to particular kinds of voting systems, to
2-22 particular elements comprising a voting system, including operation
2-23 procedures, or to voting systems generally.
2-24 SECTION 3. The following sections of the Election Code are
2-25 repealed:
2-26 (1) Section 1.005(20);
2-27 (2) Section 52.071;
3-1 (3) Section 64.004;
3-2 (4) Section 65.007;
3-3 (5) Section 124.001;
3-4 (6) Section 124.003(d);
3-5 (7) Section 124.063(f); and
3-6 (8) Section 232.050(d).
3-7 SECTION 4. This Act takes effect September 1, 1995.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.