1-1 By: Danburg, et al. (Senate Sponsor - Shapiro) H.B. No. 330
1-2 (In the Senate - Received from the House April 30, 1997;
1-3 May 1, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; May 18, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 330 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the form of the ballot and related procedures in
1-11 connection with certain voters voting on an affidavit; providing
1-12 criminal penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 51.005, Election Code, is amended by
1-15 adding Subsection (c) to read as follows:
1-16 (c) The secretary of state shall prescribe procedures for
1-17 determining the number of ballot stubs to be provided.
1-18 SECTION 2. Subchapter C, Chapter 52, Election Code, is
1-19 amended by adding Section 52.074 to read as follows:
1-20 Sec. 52.074. BALLOT STUB FOR CERTAIN VOTERS. (a) The
1-21 authority responsible for having the official ballot prepared shall
1-22 have a detached ballot stub prepared as provided by this section
1-23 for use by a voter who executes an affidavit in accordance with
1-24 Section 63.010.
1-25 (b) The ballot stub shall be in a form approved by the
1-26 secretary of state and must include:
1-27 (1) a space for entering the number matching the
1-28 corresponding ballot number;
1-29 (2) spaces for entering the designation of the nature
1-30 of the election and the date of the election;
1-31 (3) the instruction: "Sign ballot stub, enclose in
1-32 envelope, and give to election officer."; and
1-33 (4) a space for the voter's signature.
1-34 SECTION 3. Section 61.005, Election Code, is amended to read
1-35 as follows:
1-36 Sec. 61.005. Security of Ballots, [and] Ballot Boxes, Stubs,
1-37 and Envelopes. (a) From the time a presiding judge receives the
1-38 official ballots for an election until the precinct returns for
1-39 that election have been certified, the presiding judge shall take
1-40 the precautions necessary to prevent access to the ballots, [and]
1-41 ballot boxes, ballot stubs, and stub envelopes in a manner not
1-42 authorized by law.
1-43 (b) The ballots, [and] ballot boxes, ballot stubs, and stub
1-44 envelopes at a polling place shall be in plain view of at least one
1-45 election officer from the time the polls open for voting until the
1-46 precinct returns have been certified.
1-47 (c) A presiding election judge commits an offense if the
1-48 judge fails to prevent another person from handling a ballot box
1-49 containing voters' marked ballots or an envelope containing voters'
1-50 signed ballot stubs in an unauthorized manner or from making an
1-51 unauthorized entry into the ballot box or envelope. An offense
1-52 under this subsection is a Class A misdemeanor.
1-53 SECTION 4. Section 62.006, Election Code, is amended to read
1-54 as follows:
1-55 Sec. 62.006. PLACING BOX AND ENVELOPE FOR DEPOSIT OF MARKED
1-56 BALLOTS AND STUBS. The ballot box to be used by the voters to
1-57 deposit marked ballots shall be locked. The ballot box and
1-58 envelope no. 5 shall be [and] placed where they [it] will be in
1-59 plain view of the election officers, watchers, and persons waiting
1-60 to vote.
1-61 SECTION 5. Chapter 62, Election Code, is amended by adding
1-62 Section 62.0081 to read as follows:
1-63 Sec. 62.0081. Presiding Judge to Prepare Ballot Stubs. (a)
1-64 The presiding judge shall enter on each ballot stub to be used at
2-1 the polling place the same number that appears on the corresponding
2-2 ballot, the designation of the nature of the election, and the date
2-3 of the election.
2-4 (b) The preparation of ballot stubs need not be completed
2-5 before the polls open, but an unprepared stub may not be made
2-6 available for selection by the voters.
2-7 (c) The presiding judge shall clip the ballot stub and
2-8 envelope for its enclosure to the corresponding ballot.
2-9 SECTION 6. Section 62.009, Election Code, is amended by
2-10 adding Subsection (c) to read as follows:
2-11 (c) The ballots with stubs shall be placed separately from
2-12 the regular ballots.
2-13 SECTION 7. Section 63.008, Election Code, is amended to read
2-14 as follows:
2-15 Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST.
2-16 (a) A voter who does not present a voter registration certificate
2-17 when offering to vote, but whose name is on the list of registered
2-18 voters for the precinct in which the voter [he] is offering to
2-19 vote, shall be accepted for voting if the voter executes an
2-20 affidavit stating that the voter [he] does not have the voter's
2-21 [his] voter registration certificate in the voter's [his]
2-22 possession at the polling place at the time of offering to vote
2-23 and:
2-24 (1) the voter presents proof of identification in a
2-25 form described by Section 63.0101; or
2-26 (2) the affidavit is also signed by a person who is
2-27 working at the polling place and who attests to the identity of the
2-28 voter.
2-29 (b) If the requirements prescribed by Subsection (a) are
2-30 not met, the voter may not be accepted for voting, and an election
2-31 officer shall indicate beside the voter's name on the list of
2-32 registered voters that the voter was rejected under this section.
2-33 SECTION 8. Section 63.009, Election Code, is amended to read
2-34 as follows:
2-35 Sec. 63.009. Voter Without Certificate Who is Not on List.
2-36 (a) Except as provided by Subsection (b), a [A] voter who does not
2-37 present a voter registration certificate when offering to vote, and
2-38 whose name is not on the list of registered voters for the precinct
2-39 in which the voter is offering to vote, shall be accepted for
2-40 voting if[:]
2-41 [(1) an election officer can determine from the voter
2-42 registrar that the person is a registered voter of the county, and
2-43 the voter executes the affidavits required by Sections 63.007 and
2-44 63.008; or]
2-45 [(2)] the voter presents proof of identification and
2-46 executes an affidavit in accordance with Section 63.010.
2-47 (b) If an election officer can determine from the voter
2-48 registrar that the person is a registered voter of the county, the
2-49 affidavits required by Sections 63.007 and 63.008 are substituted
2-50 for the affidavit required by Section 63.010 in complying with that
2-51 section. After the voter is accepted under this subsection
2-52 [Subsection (a)(1)], an election officer shall also indicate beside
2-53 the voter's name on the poll list that the voter was accepted under
2-54 this section.
2-55 SECTION 9. Sections 63.010(d) and (e), Election Code, are
2-56 amended to read as follows:
2-57 (d) The presiding judge shall inform a voter of a challenge
2-58 and of the issues raised by the challenge. The presiding judge
2-59 shall [may] request the [a] voter to present proof of
2-60 identification in a form described by Section 63.0101 and to
2-61 execute an affidavit that states the facts necessary to support the
2-62 voter's eligibility to vote. On presentation of the required proof
2-63 of identification and affidavit, the presiding judge shall
2-64 determine the voter's identity. If the voter fails to present the
2-65 required proof of identification, the presiding judge cannot verify
2-66 the voter's identity from the proof presented, or the voter refuses
2-67 to execute an affidavit, the voter may not be accepted for voting,
2-68 and an election officer shall indicate on the affidavit or, if
2-69 none, on a written statement containing the voter's name and any
3-1 known residence address, and, if applicable, on the list of
3-2 registered voters beside the voter's name that the voter was
3-3 rejected under this section. After determining the voter's
3-4 identity, the presiding judge shall return the documentation of
3-5 proof to the voter[, if available. A voter's failure to present
3-6 proof of identification does not affect the voter's right to vote
3-7 under this section].
3-8 (e) If a [the] challenged voter whose identity is verified
3-9 executes an affidavit that states the facts necessary to support
3-10 the voter's eligibility to vote, the voter shall be accepted, and
3-11 "sworn" shall be entered on the poll list beside the voter's name.
3-12 If the voter's [challenged voter does not execute an] affidavit
3-13 does not state [that states] the facts necessary to support the
3-14 voter's eligibility to vote, the voter may not be accepted for
3-15 voting, and an election officer ["rejected"] shall indicate on the
3-16 affidavit and, if applicable, [be entered] on the list of
3-17 registered voters beside the voter's name that the voter was
3-18 rejected under this section.
3-19 SECTION 10. Chapter 63, Election Code, is amended by adding
3-20 Section 63.0101 to read as follows:
3-21 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
3-22 following documentation is acceptable as proof of identification
3-23 under this chapter:
3-24 (1) a driver's license or personal identification card
3-25 issued to the person by the Department of Public Safety or a
3-26 similar document issued to the person by an agency of another
3-27 state, regardless of whether the license or card has expired;
3-28 (2) a form of identification containing the person's
3-29 photograph that establishes the person's identity;
3-30 (3) a birth certificate or other document confirming
3-31 birth that is admissible in a court of law and establishes the
3-32 person's identity;
3-33 (4) United States citizenship papers issued to the
3-34 person;
3-35 (5) a United States passport issued to the person;
3-36 (6) pre-printed checks containing the person's name
3-37 that are issued for a financial institution doing business in this
3-38 state;
3-39 (7) official mail addressed to the person by name from
3-40 a governmental entity;
3-41 (8) two other forms of identification that establish
3-42 the person's identity; or
3-43 (9) any other form of identification prescribed by the
3-44 secretary of state.
3-45 SECTION 11. Section 64.001, Election Code, is amended to
3-46 read as follows:
3-47 Sec. 64.001. Voter to Select and Prepare Ballot; Deposit of
3-48 Stub. (a) After a voter is accepted for voting, the voter shall
3-49 select a ballot, go to a voting station, and prepare the ballot,
3-50 except as provided by Subsection (b).
3-51 (b) A voter who executes an affidavit in accordance with
3-52 Section 63.010 shall select a ballot with a stub and, before going
3-53 to a voting station:
3-54 (1) unclip the stub and envelope from the ballot;
3-55 (2) sign the stub and enclose it in the envelope; and
3-56 (3) seal the envelope and give it to an election
3-57 officer.
3-58 (c) The election officer shall deposit the ballot stub
3-59 enclosed in its envelope in envelope no. 5.
3-60 SECTION 12. Section 65.005, Election Code, is amended by
3-61 adding Subsection (d) to read as follows:
3-62 (d) If a ballot with a signed stub is found, the stub shall
3-63 be enclosed and sealed in an envelope and deposited in envelope no.
3-64 5 before the ballot is examined.
3-65 SECTION 13. Section 65.010(a), Election Code, is amended to
3-66 read as follows:
3-67 (a) The following ballots may not be counted:
3-68 (1) a ballot that is not provided to the voter at the
3-69 polling place;
4-1 (2) two or more ballots that are folded together in a
4-2 manner indicating that they were folded together when deposited in
4-3 the ballot box;
4-4 (3) a write-in envelope containing a write-in vote
4-5 without an attached ballot; [or]
4-6 (4) a ballot that has not been deposited in the ballot
4-7 box used for the deposit of marked ballots; or
4-8 (5) a ballot with an unsigned stub.
4-9 SECTION 14. Section 66.003, Election Code, is amended to
4-10 read as follows:
4-11 Sec. 66.003. Envelopes for Distribution of Records.
4-12 (a) Five [Four] envelopes shall be furnished to each polling place
4-13 for use in assembling and distributing the precinct election
4-14 records.
4-15 (b) The envelopes shall be labeled and addressed as follows:
4-16 (1) "Envelope No. 1," addressed to the presiding
4-17 officer of the local canvassing authority;
4-18 (2) "Envelope No. 2," addressed to the general
4-19 custodian of election records;
4-20 (3) "Envelope No. 3," addressed to the presiding
4-21 judge; [and]
4-22 (4) "Envelope No. 4," addressed to the voter
4-23 registrar; and
4-24 (5) "Envelope No. 5," addressed to the general
4-25 custodian of election records.
4-26 SECTION 15. Section 66.021(b), Election Code, is amended to
4-27 read as follows:
4-28 (b) The judge shall seal envelopes no. 1, no. 2, [and] no.
4-29 4, and no. 5 and lock ballot boxes no. 3 and no. 4 as soon as they
4-30 are ready for distribution.
4-31 SECTION 16. Subchapter B, Chapter 66, Election Code, is
4-32 amended by adding Section 66.0242 to read as follows:
4-33 Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Envelope no. 5
4-34 must contain the ballot stubs.
4-35 SECTION 17. Section 66.051(b), Election Code, is amended to
4-36 read as follows:
4-37 (b) The presiding judge shall deliver envelope no. 2,
4-38 envelope no. 5, ballot box no. 3, and ballot box no. 4 and its key
4-39 in person to the general custodian of election records.
4-40 SECTION 18. Section 66.058, Election Code, is amended by
4-41 amending Subsections (b), (c), and (d) and adding Subsection (h) to
4-42 read as follows:
4-43 (b) The voted ballots and ballot stubs shall be preserved
4-44 securely in a locked room in the locked ballot box or sealed
4-45 envelope, as applicable, in which they are delivered to the general
4-46 custodian of election records. Except as permitted by this code, a
4-47 ballot box containing voted ballots or an envelope containing
4-48 ballot stubs may not be opened during the preservation period.
4-49 (c) If during the preservation period an authorized entry is
4-50 made into a ballot box containing voted ballots or an envelope
4-51 containing ballot stubs, when the purpose for the entry is
4-52 fulfilled, the box or envelope shall be relocked or resealed, as
4-53 applicable, and the box and key or envelope returned to the
4-54 custodian.
4-55 (d) A custodian of a ballot box containing voted ballots or
4-56 an envelope containing ballot stubs commits an offense if, during
4-57 the preservation period prescribed by Subsection (a), the
4-58 custodian:
4-59 (1) makes an unauthorized entry into the box or
4-60 envelope; or
4-61 (2) fails to prevent another person from handling the
4-62 box or envelope in an unauthorized manner or from making an
4-63 unauthorized entry into the box or envelope.
4-64 (h) The ballot stubs shall be destroyed after expiration of
4-65 the prescribed preservation period, subject to an extension of the
4-66 period under Section 1.013. The ballot stubs are confidential
4-67 information and are not subject to public inspection before they
4-68 are destroyed.
4-69 SECTION 19. Section 66.059, Election Code, is amended to
5-1 read as follows:
5-2 Sec. 66.059. Retrieving Erroneously Placed Election Records.
5-3 (a) On written application by the presiding officer of the local
5-4 canvassing authority or the presiding judge of the election
5-5 precinct, a district judge of the county in which a ballot box
5-6 containing voted ballots or an envelope containing ballot stubs is
5-7 in custody may order the box or envelope opened to retrieve an
5-8 election record that was erroneously placed in the box or envelope.
5-9 (b) The district judge shall post a notice of the date,
5-10 hour, and place for opening the box or envelope on the bulletin
5-11 board used for posting notices of the meetings of the governing
5-12 body of the political subdivision served by the general custodian
5-13 of election records. The notice must remain posted continuously
5-14 for the 24 hours immediately preceding the hour set for opening the
5-15 box or envelope.
5-16 (c) Any interested person may observe the opening of the box
5-17 or envelope.
5-18 (d) The district judge shall issue the orders necessary to
5-19 safeguard the contents of a ballot box or envelope opened under
5-20 this section.
5-21 SECTION 20. Subchapter A, Chapter 124, Election Code, is
5-22 amended by adding Section 124.006 to read as follows:
5-23 Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. The
5-24 secretary of state shall prescribe the form of a ballot stub and
5-25 ballot for use with a stub and the necessary procedures to
5-26 implement the ballot stub system prescribed by Section 52.074 for
5-27 use with each voting system used in this state.
5-28 SECTION 21. Section 221.008, Election Code, is amended to
5-29 read as follows:
5-30 Sec. 221.008. Examination of Secured Ballots and Equipment.
5-31 A tribunal hearing an election contest may cause secured ballot
5-32 boxes, envelopes, voting machines, voting devices, or other
5-33 equipment used in the election to be unsecured to determine the
5-34 correct vote count or any other fact that the tribunal considers
5-35 pertinent to a fair and just disposition of the contest.
5-36 SECTION 22. Sections 273.041, 273.042, and 273.043, Election
5-37 Code, are amended to read as follows:
5-38 Sec. 273.041. Request to Examine Ballots. In the
5-39 investigation of criminal conduct in connection with an election, a
5-40 grand jury, on finding probable cause to believe an offense was
5-41 committed, may request a district judge of the county served by the
5-42 grand jury to order an examination of the voted ballots and the
5-43 ballot stubs [voted] in the election.
5-44 Sec. 273.042. Order by District Judge. On request of a
5-45 grand jury for an examination of voted ballots and ballot stubs, a
5-46 district judge may order the custodian of the [voted] ballots and
5-47 ballot stubs and the custodian of the keys to the ballot boxes to
5-48 deliver the ballot boxes, [and the] keys, and envelopes to the
5-49 grand jury.
5-50 Sec. 273.043. Conduct of Examination. The examination of
5-51 ballots and ballot stubs under this subchapter shall be conducted
5-52 in secret before the grand jury.
5-53 SECTION 23. The secretary of state by rule shall prescribe
5-54 any procedures necessary to implement this Act.
5-55 SECTION 24. This Act takes effect September 1, 1997.
5-56 SECTION 25. The importance of this legislation and the
5-57 crowded condition of the calendars in both houses create an
5-58 emergency and an imperative public necessity that the
5-59 constitutional rule requiring bills to be read on three several
5-60 days in each house be suspended, and this rule is hereby suspended.
5-61 * * * * *