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