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.