By Danburg, Denny, Madden, Ehrhardt                    H.B. No. 330

         75R1823 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the form of the ballot and related procedures in

 1-3     connection with certain voters voting on an affidavit; providing

 1-4     criminal penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 51.005, Election Code, is amended by

 1-7     adding Subsection (c) to read as follows:

 1-8           (c)  The secretary of state shall prescribe procedures for

 1-9     determining the number of ballot stubs to be provided.

1-10           SECTION 2.  Subchapter C, Chapter 52, Election Code, is

1-11     amended by adding Section 52.074 to read as follows:

1-12           Sec. 52.074.  BALLOT STUB FOR CERTAIN VOTERS.  (a)  The

1-13     authority responsible for having the official ballot prepared shall

1-14     have a detached ballot stub prepared as provided by this section

1-15     for use by a voter who executes an affidavit in accordance with

1-16     Section 63.010.

1-17           (b)  The ballot stub shall be in a form approved by the

1-18     secretary of state and must include:

1-19                 (1)  a space for entering the number matching the

1-20     corresponding ballot number;

1-21                 (2)  spaces for entering the designation of the nature

1-22     of the election and the date of the election;

1-23                 (3)  the instruction:  "Sign ballot stub, enclose in

1-24     envelope, and give to election officer."; and

 2-1                 (4)  a space for the voter's signature.

 2-2           SECTION 3.  Section 61.005, Election Code, is amended to read

 2-3     as follows:

 2-4           Sec. 61.005.  Security of Ballots, [and] Ballot Boxes, Stubs,

 2-5     and Envelopes.  (a)  From the time a presiding judge receives the

 2-6     official ballots for an election until the precinct returns for

 2-7     that election have been certified, the presiding judge shall take

 2-8     the precautions necessary to prevent access to the ballots, [and]

 2-9     ballot boxes, ballot stubs, and stub envelopes in a manner not

2-10     authorized by law.

2-11           (b)  The ballots, [and] ballot boxes, ballot stubs, and stub

2-12     envelopes at a polling place shall be in plain view of at least one

2-13     election officer from the time the polls open for voting until the

2-14     precinct returns have been certified.

2-15           (c)  A presiding election judge commits an offense if the

2-16     judge fails to prevent another person from handling a ballot box

2-17     containing voters' marked ballots or an envelope containing voters'

2-18     signed ballot stubs in an unauthorized manner or from making an

2-19     unauthorized entry into the ballot box or envelope.  An offense

2-20     under this subsection is a Class A misdemeanor.

2-21           SECTION 4.  Section 62.006, Election Code, is amended to read

2-22     as follows:

2-23           Sec. 62.006.  PLACING BOX AND ENVELOPE FOR DEPOSIT OF MARKED

2-24     BALLOTS AND STUBS.  The ballot box to be used by the voters to

2-25     deposit marked ballots shall be locked.  The ballot box and

2-26     envelope no. 5 shall be [and] placed where they [it] will be in

2-27     plain view of the election officers, watchers, and persons waiting

 3-1     to vote.

 3-2           SECTION 5.  Chapter 62, Election Code, is amended by adding

 3-3     Section 62.0081 to read as follows:

 3-4           Sec. 62.0081.  Presiding Judge to Prepare Ballot Stubs.  (a)

 3-5     The presiding judge shall enter on each ballot stub to be used at

 3-6     the polling place the same number that appears on the corresponding

 3-7     ballot, the designation of the nature of the election, and the date

 3-8     of the election.

 3-9           (b)  The preparation of ballot stubs need not be completed

3-10     before the polls open, but an unprepared stub may not be made

3-11     available for selection by the voters.

3-12           (c)  The presiding judge shall clip the ballot stub and

3-13     envelope for its enclosure to the corresponding ballot.

3-14           SECTION 6.  Section 62.009, Election Code, is amended by

3-15     adding Subsection (c) to read as follows:

3-16           (c)  The ballots with stubs shall be placed separately from

3-17     the regular ballots.

3-18           SECTION 7.  Sections 63.010(d) and (e), Election Code, are

3-19     amended to read as follows:

3-20           (d)  The presiding judge shall inform a voter of a challenge

3-21     and of the issues raised by the challenge.  The presiding judge

3-22     shall [may] request the [a] voter to present proof of

3-23     identification in the form of a personal identification card or

3-24     other document bearing the voter's photograph and to execute an

3-25     affidavit that states the facts necessary to support the voter's

3-26     eligibility to vote.  On presentation of the required proof of

3-27     identification and affidavit, the presiding judge shall determine

 4-1     the voter's identity.  If the voter fails to present the required

 4-2     proof of identification, the presiding judge cannot verify the

 4-3     voter's identity from the proof presented, or the voter refuses to

 4-4     execute an affidavit, the voter may not be accepted for voting, and

 4-5     "rejected" shall be entered on the affidavit or, if none, on a

 4-6     written statement containing the voter's name and any known

 4-7     residence address, and, if applicable, on the list of registered

 4-8     voters beside the voter's name.  After determining the voter's

 4-9     identity, the presiding judge shall return the personal

4-10     identification card or document to the voter[, if available.  A

4-11     voter's failure to present proof of identification does not affect

4-12     the voter's right to vote under this section].

4-13           (e)  If a [the] challenged voter whose identity is verified

4-14     executes an affidavit that states the facts necessary to support

4-15     the voter's eligibility to vote, the voter shall be accepted, and

4-16     "sworn" shall be entered on the poll list beside the voter's name.

4-17     If the voter's [challenged voter does not execute an] affidavit

4-18     does not state [that states] the facts necessary to support the

4-19     voter's eligibility to vote, the voter may not be accepted for

4-20     voting, and "rejected" shall be entered on the affidavit and, if

4-21     applicable, on the list of registered voters beside the voter's

4-22     name.

4-23           SECTION 8.  Section 64.001, Election Code, is amended to read

4-24     as follows:

4-25           Sec. 64.001.  Voter to Select and Prepare Ballot; Deposit of

4-26     Stub.  (a)  After a voter is accepted for voting, the voter shall

4-27     select a ballot, go to a voting station, and prepare the ballot,

 5-1     except as provided by Subsection (b).

 5-2           (b)  A voter who executes an affidavit in accordance with

 5-3     Section 63.010 shall select a ballot with a stub and, before going

 5-4     to a voting station:

 5-5                 (1)  unclip the stub and envelope from the ballot;

 5-6                 (2)  sign the stub and enclose it in the envelope; and

 5-7                 (3)  seal the envelope and give it to an election

 5-8     officer.

 5-9           (c)  The election officer shall deposit the ballot stub

5-10     enclosed in its envelope in envelope no. 5.

5-11           SECTION 9.  Section 65.005, Election Code, is amended by

5-12     adding Subsection (d) to read as follows:

5-13           (d)  If a ballot with a signed stub is found, the stub shall

5-14     be enclosed and sealed in an envelope and deposited in envelope no.

5-15     5 before the ballot is examined.

5-16           SECTION 10.  Section 65.010(a), Election Code, is amended to

5-17     read as follows:

5-18           (a)  The following ballots may not be counted:

5-19                 (1)  a ballot that is not provided to the voter at the

5-20     polling place;

5-21                 (2)  two or more ballots that are folded together in a

5-22     manner indicating that they were folded together when deposited in

5-23     the ballot box;

5-24                 (3)  a write-in envelope containing a write-in vote

5-25     without an attached ballot; [or]

5-26                 (4)  a ballot that has not been deposited in the ballot

5-27     box used for the deposit of marked ballots; or

 6-1                 (5)  a ballot with an unsigned stub.

 6-2           SECTION 11.  Section 66.003, Election Code, is amended to

 6-3     read as follows:

 6-4           Sec. 66.003.  Envelopes for Distribution of Records.

 6-5     (a)  Five [Four] envelopes shall be furnished to each polling place

 6-6     for use in assembling and distributing the precinct election

 6-7     records.

 6-8           (b)  The envelopes shall be labeled and addressed as follows:

 6-9                 (1)  "Envelope No. 1," addressed to the presiding

6-10     officer of the local canvassing authority;

6-11                 (2)  "Envelope No. 2," addressed to the general

6-12     custodian of election records;

6-13                 (3)  "Envelope No. 3," addressed to the presiding

6-14     judge; [and]

6-15                 (4)  "Envelope No. 4," addressed to the voter

6-16     registrar; and

6-17                 (5)  "Envelope No. 5," addressed to the general

6-18     custodian of election records.

6-19           SECTION 12.  Section 66.021(b), Election Code, is amended to

6-20     read as follows:

6-21           (b)  The judge shall seal envelopes no. 1, no. 2, [and] no.

6-22     4, and no. 5 and lock ballot boxes no. 3 and no. 4 as soon as they

6-23     are ready for distribution.

6-24           SECTION 13.  Subchapter B, Chapter 66, Election Code, is

6-25     amended by adding Section 66.0242 to read as follows:

6-26           Sec. 66.0242.  CONTENTS OF ENVELOPE NO. 5.  Envelope no. 5

6-27     must contain the ballot stubs.

 7-1           SECTION 14.  Section 66.051(b), Election Code, is amended to

 7-2     read as follows:

 7-3           (b)  The presiding judge shall deliver envelope no. 2,

 7-4     envelope no. 5, ballot box no. 3, and ballot box no. 4 and its key

 7-5     in person to the general custodian of election records.

 7-6           SECTION 15.  Section 66.058, Election Code, is amended by

 7-7     amending Subsections (b), (c), and (d) and adding Subsection (h) to

 7-8     read as follows:

 7-9           (b)  The voted ballots and ballot stubs shall be preserved

7-10     securely in a locked room in the locked ballot box or sealed

7-11     envelope, as applicable, in which they are delivered to the general

7-12     custodian of election records.  Except as permitted by this code, a

7-13     ballot box containing voted ballots or an envelope containing

7-14     ballot stubs may not be opened during the preservation period.

7-15           (c)  If during the preservation period an authorized entry is

7-16     made into a ballot box containing voted ballots or an envelope

7-17     containing ballot stubs, when the purpose for the entry is

7-18     fulfilled, the box or envelope shall be relocked or resealed, as

7-19     applicable, and the box and key or envelope returned to the

7-20     custodian.

7-21           (d)  A custodian of a ballot box containing voted ballots or

7-22     an envelope containing ballot stubs commits an offense if, during

7-23     the preservation period prescribed by Subsection (a), the

7-24     custodian:

7-25                 (1)  makes an unauthorized entry into the box or

7-26     envelope; or

7-27                 (2)  fails to prevent another person from handling the

 8-1     box or envelope in an unauthorized manner or from making an

 8-2     unauthorized entry into the box or envelope.

 8-3           (h)  The ballot stubs shall be destroyed after expiration of

 8-4     the prescribed preservation period, subject to an extension of the

 8-5     period under Section 1.013.   The ballot stubs are confidential

 8-6     information and are not subject to public inspection before they

 8-7     are destroyed.

 8-8           SECTION 16.  Section 66.059, Election Code, is amended to

 8-9     read as follows:

8-10           Sec. 66.059.  Retrieving Erroneously Placed Election Records.

8-11     (a)  On written application by the presiding officer of the local

8-12     canvassing authority or the presiding judge of the election

8-13     precinct, a district judge of the county in which a ballot box

8-14     containing voted ballots or an envelope containing ballot stubs is

8-15     in custody may order the box or envelope opened to retrieve an

8-16     election record that was erroneously placed in the box or envelope.

8-17           (b)  The district judge shall post a notice of the date,

8-18     hour, and place for opening the box or envelope on the bulletin

8-19     board used for posting notices of the meetings of the governing

8-20     body of the political subdivision served by the general custodian

8-21     of election records.  The notice must remain posted continuously

8-22     for the 24 hours immediately preceding the hour set for opening the

8-23     box or envelope.

8-24           (c)  Any interested person may observe the opening of the box

8-25     or envelope.

8-26           (d)  The district judge shall issue the orders necessary to

8-27     safeguard the contents of a ballot box or envelope opened under

 9-1     this section.

 9-2           SECTION 17.  Subchapter A, Chapter 124, Election Code, is

 9-3     amended by adding Section 124.006 to read as follows:

 9-4           Sec. 124.006.  IMPLEMENTATION OF BALLOT STUB SYSTEM.  The

 9-5     secretary of state shall prescribe the form of a ballot stub and

 9-6     ballot for use with a stub and the necessary procedures to

 9-7     implement the ballot stub system prescribed by Section 52.074 for

 9-8     use with each voting system used in this state.

 9-9           SECTION 18.  Section 221.008, Election Code, is amended to

9-10     read as follows:

9-11           Sec. 221.008.  Examination of Secured Ballots and Equipment.

9-12     A tribunal hearing an election contest may cause secured ballot

9-13     boxes, envelopes, voting machines, voting devices, or other

9-14     equipment used in the election to be unsecured to determine the

9-15     correct vote count or any other fact that the tribunal considers

9-16     pertinent to a fair and just disposition of the contest.

9-17           SECTION 19.  Sections 273.041, 273.042, and 273.043, Election

9-18     Code, are amended to read as follows:

9-19           Sec. 273.041.  Request to Examine Ballots.  In the

9-20     investigation of criminal conduct in connection with an election, a

9-21     grand jury, on finding probable cause to believe an offense was

9-22     committed, may request a district judge of the county served by the

9-23     grand jury to order an examination of the voted ballots and the

9-24     ballot stubs [voted] in the election.

9-25           Sec. 273.042.  Order by District Judge.  On request of a

9-26     grand jury for an examination of voted ballots and ballot stubs, a

9-27     district judge may order the custodian of the [voted] ballots and

 10-1    ballot stubs and the custodian of the keys to the ballot boxes to

 10-2    deliver the ballot boxes, [and the] keys, and envelopes to the

 10-3    grand jury.

 10-4          Sec. 273.043.  Conduct of Examination.  The examination of

 10-5    ballots and ballot stubs under this subchapter shall be conducted

 10-6    in secret before the grand jury.

 10-7          SECTION 20.  The secretary of state by rule shall prescribe

 10-8    any procedures necessary to implement this Act.

 10-9          SECTION 21.  This Act takes effect September 1, 1997.

10-10          SECTION 22.  The importance of this legislation and the

10-11    crowded condition of the calendars in both houses create an

10-12    emergency and an imperative public necessity that the

10-13    constitutional rule requiring bills to be read on three several

10-14    days in each house be suspended, and this rule is hereby suspended.