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. Section 63.008, Election Code, is amended to read
3-19 as follows:
3-20 Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST.
3-21 (a) A voter who does not present a voter registration certificate
3-22 when offering to vote, but whose name is on the list of registered
3-23 voters for the precinct in which the voter [he] is offering to
3-24 vote, shall be accepted for voting if the voter executes an
3-25 affidavit stating that the voter [he] does not have the voter's
3-26 [his] voter registration certificate in the voter's [his]
3-27 possession at the polling place at the time of offering to vote
4-1 and:
4-2 (1) the voter presents proof of identification in a
4-3 form described by Section 63.0101; or
4-4 (2) the affidavit is also signed by a person who is
4-5 working at the polling place and who attests to the identity of the
4-6 voter.
4-7 (b) If the requirements prescribed by Subsection (a) are
4-8 not met, the voter may not be accepted for voting, and an election
4-9 officer shall indicate beside the voter's name on the list of
4-10 registered voters that the voter was rejected under this section.
4-11 SECTION 8. Section 63.009, Election Code, is amended to read
4-12 as follows:
4-13 Sec. 63.009. Voter Without Certificate Who is Not on List.
4-14 (a) Except as provided by Subsection (b), a [A] voter who does not
4-15 present a voter registration certificate when offering to vote, and
4-16 whose name is not on the list of registered voters for the precinct
4-17 in which the voter is offering to vote, shall be accepted for
4-18 voting if[:]
4-19 [(1) an election officer can determine from the voter
4-20 registrar that the person is a registered voter of the county, and
4-21 the voter executes the affidavits required by Sections 63.007 and
4-22 63.008; or]
4-23 [(2)] the voter presents proof of identification and
4-24 executes an affidavit in accordance with Section 63.010.
4-25 (b) If an election officer can determine from the voter
4-26 registrar that the person is a registered voter of the county, the
4-27 affidavits required by Sections 63.007 and 63.008 are substituted
5-1 for the affidavit required by Section 63.010 in complying with that
5-2 section. After the voter is accepted under this subsection
5-3 [Subsection (a)(1)], an election officer shall also indicate beside
5-4 the voter's name on the poll list that the voter was accepted under
5-5 this section.
5-6 SECTION 9. Sections 63.010(d) and (e), Election Code, are
5-7 amended to read as follows:
5-8 (d) The presiding judge shall inform a voter of a challenge
5-9 and of the issues raised by the challenge. The presiding judge
5-10 shall [may] request the [a] voter to present proof of
5-11 identification in a form described by Section 63.0101 and to
5-12 execute an affidavit that states the facts necessary to support the
5-13 voter's eligibility to vote. On presentation of the required proof
5-14 of identification and affidavit, the presiding judge shall
5-15 determine the voter's identity. If the voter fails to present the
5-16 required proof of identification, the presiding judge cannot verify
5-17 the voter's identity from the proof presented, or the voter refuses
5-18 to execute an affidavit, the voter may not be accepted for voting,
5-19 and an election officer shall indicate on the affidavit or, if
5-20 none, on a written statement containing the voter's name and any
5-21 known residence address, and, if applicable, on the list of
5-22 registered voters beside the voter's name that the voter was
5-23 rejected under this section. After determining the voter's
5-24 identity, the presiding judge shall return the documentation of
5-25 proof to the voter[, if available. A voter's failure to present
5-26 proof of identification does not affect the voter's right to vote
5-27 under this section].
6-1 (e) If a [the] challenged voter whose identity is verified
6-2 executes an affidavit that states the facts necessary to support
6-3 the voter's eligibility to vote, the voter shall be accepted, and
6-4 "sworn" shall be entered on the poll list beside the voter's name.
6-5 If the voter's [challenged voter does not execute an] affidavit
6-6 does not state [that states] the facts necessary to support the
6-7 voter's eligibility to vote, the voter may not be accepted for
6-8 voting, and an election officer ["rejected"] shall indicate on the
6-9 affidavit and, if applicable, [be entered] on the list of
6-10 registered voters beside the voter's name that the voter was
6-11 rejected under this section.
6-12 SECTION 10. Chapter 63, Election Code, is amended by adding
6-13 Section 63.0101 to read as follows:
6-14 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
6-15 following documentation is acceptable as proof of identification
6-16 under this chapter:
6-17 (1) a driver's license or personal identification card
6-18 issued to the person by the Department of Public Safety or a
6-19 similar document issued to the person by an agency of another
6-20 state, regardless of whether the license or card has expired;
6-21 (2) a form of identification containing the person's
6-22 photograph that establishes the person's identity;
6-23 (3) a birth certificate or other document confirming
6-24 birth that is admissible in a court of law and establishes the
6-25 person's identity;
6-26 (4) United States citizenship papers issued to the
6-27 person;
7-1 (5) a United States passport issued to the person;
7-2 (6) pre-printed checks containing the person's name
7-3 that are issued for a financial institution doing business in this
7-4 state;
7-5 (7) official mail addressed to the person by name from
7-6 a governmental entity;
7-7 (8) two other forms of identification that establish
7-8 the person's identity; or
7-9 (9) any other form of identification prescribed by the
7-10 secretary of state.
7-11 SECTION 11. Section 64.001, Election Code, is amended to
7-12 read as follows:
7-13 Sec. 64.001. Voter to Select and Prepare Ballot; Deposit of
7-14 Stub. (a) After a voter is accepted for voting, the voter shall
7-15 select a ballot, go to a voting station, and prepare the ballot,
7-16 except as provided by Subsection (b).
7-17 (b) A voter who executes an affidavit in accordance with
7-18 Section 63.010 shall select a ballot with a stub and, before going
7-19 to a voting station:
7-20 (1) unclip the stub and envelope from the ballot;
7-21 (2) sign the stub and enclose it in the envelope; and
7-22 (3) seal the envelope and give it to an election
7-23 officer.
7-24 (c) The election officer shall deposit the ballot stub
7-25 enclosed in its envelope in envelope no. 5.
7-26 SECTION 12. Section 65.005, Election Code, is amended by
7-27 adding Subsection (d) to read as follows:
8-1 (d) If a ballot with a signed stub is found, the stub shall
8-2 be enclosed and sealed in an envelope and deposited in envelope no.
8-3 5 before the ballot is examined.
8-4 SECTION 13. Section 65.010(a), Election Code, is amended to
8-5 read as follows:
8-6 (a) The following ballots may not be counted:
8-7 (1) a ballot that is not provided to the voter at the
8-8 polling place;
8-9 (2) two or more ballots that are folded together in a
8-10 manner indicating that they were folded together when deposited in
8-11 the ballot box;
8-12 (3) a write-in envelope containing a write-in vote
8-13 without an attached ballot; [or]
8-14 (4) a ballot that has not been deposited in the ballot
8-15 box used for the deposit of marked ballots; or
8-16 (5) a ballot with an unsigned stub.
8-17 SECTION 14. Section 66.003, Election Code, is amended to
8-18 read as follows:
8-19 Sec. 66.003. Envelopes for Distribution of Records.
8-20 (a) Five [Four] envelopes shall be furnished to each polling place
8-21 for use in assembling and distributing the precinct election
8-22 records.
8-23 (b) The envelopes shall be labeled and addressed as follows:
8-24 (1) "Envelope No. 1," addressed to the presiding
8-25 officer of the local canvassing authority;
8-26 (2) "Envelope No. 2," addressed to the general
8-27 custodian of election records;
9-1 (3) "Envelope No. 3," addressed to the presiding
9-2 judge; [and]
9-3 (4) "Envelope No. 4," addressed to the voter
9-4 registrar; and
9-5 (5) "Envelope No. 5," addressed to the general
9-6 custodian of election records.
9-7 SECTION 15. Section 66.021(b), Election Code, is amended to
9-8 read as follows:
9-9 (b) The judge shall seal envelopes no. 1, no. 2, [and] no.
9-10 4, and no. 5 and lock ballot boxes no. 3 and no. 4 as soon as they
9-11 are ready for distribution.
9-12 SECTION 16. Subchapter B, Chapter 66, Election Code, is
9-13 amended by adding Section 66.0242 to read as follows:
9-14 Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Envelope no. 5
9-15 must contain the ballot stubs.
9-16 SECTION 17. Section 66.051(b), Election Code, is amended to
9-17 read as follows:
9-18 (b) The presiding judge shall deliver envelope no. 2,
9-19 envelope no. 5, ballot box no. 3, and ballot box no. 4 and its key
9-20 in person to the general custodian of election records.
9-21 SECTION 18. Section 66.058, Election Code, is amended by
9-22 amending Subsections (b), (c), and (d) and adding Subsection (h) to
9-23 read as follows:
9-24 (b) The voted ballots and ballot stubs shall be preserved
9-25 securely in a locked room in the locked ballot box or sealed
9-26 envelope, as applicable, in which they are delivered to the general
9-27 custodian of election records. Except as permitted by this code, a
10-1 ballot box containing voted ballots or an envelope containing
10-2 ballot stubs may not be opened during the preservation period.
10-3 (c) If during the preservation period an authorized entry is
10-4 made into a ballot box containing voted ballots or an envelope
10-5 containing ballot stubs, when the purpose for the entry is
10-6 fulfilled, the box or envelope shall be relocked or resealed, as
10-7 applicable, and the box and key or envelope returned to the
10-8 custodian.
10-9 (d) A custodian of a ballot box containing voted ballots or
10-10 an envelope containing ballot stubs commits an offense if, during
10-11 the preservation period prescribed by Subsection (a), the
10-12 custodian:
10-13 (1) makes an unauthorized entry into the box or
10-14 envelope; or
10-15 (2) fails to prevent another person from handling the
10-16 box or envelope in an unauthorized manner or from making an
10-17 unauthorized entry into the box or envelope.
10-18 (h) The ballot stubs shall be destroyed after expiration of
10-19 the prescribed preservation period, subject to an extension of the
10-20 period under Section 1.013. The ballot stubs are confidential
10-21 information and are not subject to public inspection before they
10-22 are destroyed.
10-23 SECTION 19. Section 66.059, Election Code, is amended to
10-24 read as follows:
10-25 Sec. 66.059. Retrieving Erroneously Placed Election Records.
10-26 (a) On written application by the presiding officer of the local
10-27 canvassing authority or the presiding judge of the election
11-1 precinct, a district judge of the county in which a ballot box
11-2 containing voted ballots or an envelope containing ballot stubs is
11-3 in custody may order the box or envelope opened to retrieve an
11-4 election record that was erroneously placed in the box or envelope.
11-5 (b) The district judge shall post a notice of the date,
11-6 hour, and place for opening the box or envelope on the bulletin
11-7 board used for posting notices of the meetings of the governing
11-8 body of the political subdivision served by the general custodian
11-9 of election records. The notice must remain posted continuously
11-10 for the 24 hours immediately preceding the hour set for opening the
11-11 box or envelope.
11-12 (c) Any interested person may observe the opening of the box
11-13 or envelope.
11-14 (d) The district judge shall issue the orders necessary to
11-15 safeguard the contents of a ballot box or envelope opened under
11-16 this section.
11-17 SECTION 20. Subchapter A, Chapter 124, Election Code, is
11-18 amended by adding Section 124.006 to read as follows:
11-19 Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. The
11-20 secretary of state shall prescribe the form of a ballot stub and
11-21 ballot for use with a stub and the necessary procedures to
11-22 implement the ballot stub system prescribed by Section 52.074 for
11-23 use with each voting system used in this state.
11-24 SECTION 21. Section 221.008, Election Code, is amended to
11-25 read as follows:
11-26 Sec. 221.008. Examination of Secured Ballots and Equipment.
11-27 A tribunal hearing an election contest may cause secured ballot
12-1 boxes, envelopes, voting machines, voting devices, or other
12-2 equipment used in the election to be unsecured to determine the
12-3 correct vote count or any other fact that the tribunal considers
12-4 pertinent to a fair and just disposition of the contest.
12-5 SECTION 22. Sections 273.041, 273.042, and 273.043, Election
12-6 Code, are amended to read as follows:
12-7 Sec. 273.041. Request to Examine Ballots. In the
12-8 investigation of criminal conduct in connection with an election, a
12-9 grand jury, on finding probable cause to believe an offense was
12-10 committed, may request a district judge of the county served by the
12-11 grand jury to order an examination of the voted ballots and the
12-12 ballot stubs [voted] in the election.
12-13 Sec. 273.042. Order by District Judge. On request of a
12-14 grand jury for an examination of voted ballots and ballot stubs, a
12-15 district judge may order the custodian of the [voted] ballots and
12-16 ballot stubs and the custodian of the keys to the ballot boxes to
12-17 deliver the ballot boxes, [and the] keys, and envelopes to the
12-18 grand jury.
12-19 Sec. 273.043. Conduct of Examination. The examination of
12-20 ballots and ballot stubs under this subchapter shall be conducted
12-21 in secret before the grand jury.
12-22 SECTION 23. The secretary of state by rule shall prescribe
12-23 any procedures necessary to implement this Act.
12-24 SECTION 24. This Act takes effect September 1, 1997.
12-25 SECTION 25. The importance of this legislation and the
12-26 crowded condition of the calendars in both houses create an
12-27 emergency and an imperative public necessity that the
13-1 constitutional rule requiring bills to be read on three several
13-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 330 was passed by the House on April
29, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 330 on May 28, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 330 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor