By Danburg, Siebert, Madden, Ehrhardt, H.B. No. 331
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.002, Election Code, is amended by
1-5 amending Subsections (a) and (g) and adding Subsection (h) to read
1-6 as follows:
1-7 (a) Except as provided by Subsection (f) or (g), in an
1-8 election requiring a plurality vote, if two or more candidates for
1-9 the same office tie for the number of votes required to be elected,
1-10 a second election to fill the office shall be held.
1-11 (g) A tying candidate may resolve the tie by filing with the
1-12 authority described by Subsection (f) a written statement of
1-13 withdrawal signed and acknowledged by the candidate. On receipt of
1-14 the statement of withdrawal, the remaining candidate is the winner,
1-15 and a second election or casting of lots is not held.
1-16 (h) This section does not apply to elective offices of the
1-17 executive department specified by Article IV, Section 1, of the
1-18 Texas Constitution.
1-19 SECTION 2. Section 2.028, Election Code, is amended by
1-20 amending Subsection (a) and adding Subsection (c) to read as
1-21 follows:
1-22 (a) Except as provided by Subsection (c), if [If] the
1-23 candidates in a runoff election tie, they shall cast lots to
1-24 determine the winner.
1-25 (c) A tying candidate may resolve the tie by filing with the
2-1 presiding officer of the final canvassing authority a written
2-2 statement of withdrawal signed and acknowledged by the candidate.
2-3 On receipt of the statement of withdrawal, the remaining candidate
2-4 is the winner, and a casting of lots is not held.
2-5 SECTION 3. Section 2.051, Election Code, is amended to read
2-6 as follows:
2-7 Sec. 2.051. Applicability of Subchapter. (a) This
2-8 subchapter applies only to an election for officers of a political
2-9 subdivision other than a county in which write-in votes may be
2-10 counted only for names appearing on a list of write-in candidates
2-11 and in which:
2-12 (1) each candidate whose name is to appear on the
2-13 ballot is unopposed, except as provided by Subsection (b); and
2-14 (2) no proposition is to appear on the ballot.
2-15 (b) In the case of an election in which any members of the
2-16 political subdivision's governing body are elected from
2-17 single-member districts, this subchapter applies to the election in
2-18 a particular single-member district if:
2-19 (1) each candidate whose name is to appear on the
2-20 ballot in that district is unopposed; and
2-21 (2) the requirements prescribed by Subsection (a) are
2-22 otherwise met.
2-23 SECTION 4. Section 13.072, Election Code, is amended by
2-24 amending Subsection (c) and adding Subsection (e) to read as
2-25 follows:
2-26 (c) Except as provided by Subsection (d) or (e), if the
2-27 registrar determines that an application does not comply with
3-1 Section 13.002 or does not indicate that the applicant is eligible
3-2 for registration, the registrar shall reject the application.
3-3 (e) If the registrar determines that an application is
3-4 incomplete, the registrar shall notify the applicant of that fact.
3-5 If the applicant submits the required information not later than
3-6 the third day after the date notice is received under this
3-7 subsection, the registrar shall proceed with the review of the
3-8 application.
3-9 SECTION 5. Section 13.143(e), Election Code, is amended to
3-10 read as follows:
3-11 (e) If the 30th day before the date of an election is a
3-12 Saturday, Sunday, or legal state or national holiday, an
3-13 application [submitted by mail] is considered to be timely if it is
3-14 submitted to the registrar on or before [the date indicated by the
3-15 post office cancellation mark is] the next regular business day.
3-16 SECTION 6. Section 31.002(a), Election Code, is amended to
3-17 read as follows:
3-18 (a) The secretary of state shall prescribe the design and
3-19 content, consistent with this code, of the forms necessary for the
3-20 administration of this code. The design and content must enhance
3-21 the ability of a person to understand the applicable requirements
3-22 and to physically furnish the required information in the space
3-23 provided.
3-24 SECTION 7. Section 31.100(d), Election Code, is amended to
3-25 read as follows:
3-26 (d) The county election officer may not be personally
3-27 compensated for election services performed under an election
4-1 services contract. A fee charged by the officer for general
4-2 supervision of the election may not exceed 10 [five] percent of the
4-3 total amount of the contract, but may not be less than $75.
4-4 SECTION 8. Sections 32.002(c) and (d), Election Code, are
4-5 amended to read as follows:
4-6 (c) The presiding judge and alternate presiding judge must
4-7 be affiliated or aligned with different political parties, subject
4-8 to this subsection. Before July of each year, the county chair of
4-9 a political party whose candidate for governor received the highest
4-10 or second highest number of votes in the county in the most recent
4-11 gubernatorial general election shall submit in writing to the
4-12 commissioners court a list of names of persons in order of
4-13 preference for each precinct who are eligible for appointment as an
4-14 election judge. The commissioners court shall appoint the first
4-15 person meeting the applicable eligibility requirements from the
4-16 list submitted in compliance with this subsection by the party with
4-17 the highest number of votes in the precinct as the presiding judge
4-18 and the first person meeting the applicable eligibility
4-19 requirements from the list submitted in compliance with this
4-20 subsection by the party with the second highest number of votes in
4-21 the precinct as the alternate presiding judge. The commissioners
4-22 court may reject the first list and make the appointments in the
4-23 same manner from a second list if the persons whose names are
4-24 submitted on the first list are determined not to meet the
4-25 applicable eligibility requirements. If a list of names is not
4-26 submitted in compliance with this subsection, the commissioners
4-27 court shall appoint an eligible person who is affiliated or aligned
5-1 with the appropriate party, if available.
5-2 (d) The commissioners court shall fill a vacancy in the
5-3 position of election judge for the remainder of the unexpired term.
5-4 An appointment to fill a vacancy may be made at any regular or
5-5 special term of court. Not later than the 30th day after the date
5-6 the vacancy occurs, the county chair of the same political party
5-7 with which the original judge was affiliated or aligned shall
5-8 submit to the commissioners court in writing the name of a person
5-9 who is eligible for the appointment. If a name is submitted in
5-10 compliance with this subsection, the commissioners court shall
5-11 appoint that person to the unexpired term. If a name is not
5-12 submitted in compliance with this subsection, the commissioners
5-13 court shall appoint an eligible person who is affiliated or aligned
5-14 with the same party, if available. [(d) The county clerk shall
5-15 recommend a presiding judge and an alternate judge for each
5-16 precinct and shall submit a list of the recommendations to the
5-17 commissioners court. The clerk shall also recommend an appointee
5-18 for each unexpired term. The court shall consider the clerk's
5-19 recommendation before making an appointment.]
5-20 SECTION 9. Section 32.007, Election Code, is amended by
5-21 amending Subsections (a) and (b) and adding Subsection (f) to read
5-22 as follows:
5-23 (a) If neither the presiding judge nor the alternate
5-24 presiding judge can serve in an election and their inability to
5-25 serve is discovered so late that it is impracticable to fill the
5-26 vacancy in the normal manner, the presiding officer of the
5-27 appointing authority or the authority if a single officer shall
6-1 appoint a replacement judge to preside at the election, subject to
6-2 Subsection (f). If the appointing authority is unavailable, the
6-3 authority responsible for distributing the supplies for the
6-4 election shall appoint the replacement judge.
6-5 (b) If a person authorized to act as presiding judge is not
6-6 present at the polling place at the time for opening the polls, on
6-7 receiving information of the absence, the authority authorized to
6-8 appoint a replacement under Subsection (a) shall investigate the
6-9 absence and appoint a replacement judge, subject to Subsection (f),
6-10 unless the authority learns that a previously appointed judge will
6-11 immediately report for duty.
6-12 (f) A person who is appointed as a replacement for a judge
6-13 originally appointed under Section 32.002 must be affiliated or
6-14 aligned with the same political party as was the original judge, if
6-15 possible.
6-16 SECTION 10. Section 32.051(a), Election Code, is amended to
6-17 read as follows:
6-18 (a) Except as provided by Subsection (b) or Section 32.0511,
6-19 to be eligible to serve as a judge of an election precinct, a
6-20 person must be a qualified voter of the precinct.
6-21 SECTION 11. Subchapter C, Chapter 32, Election Code, is
6-22 amended by adding Section 32.0511 to read as follows:
6-23 Sec. 32.0511. ELIGIBILITY REQUIREMENTS FOR COUNTY ELECTION
6-24 JUDGES. (a) Except as otherwise provided by this section, to be
6-25 eligible to serve as a judge of a regular county election precinct
6-26 for which an appointment is made by the commissioners court, a
6-27 person must:
7-1 (1) be a qualified voter of the precinct, except that
7-2 Section 11.002(4)(A) does not apply; and
7-3 (2) not have been finally convicted of an offense
7-4 involving voter fraud.
7-5 (b) In a precinct in which a political party's candidate for
7-6 governor received more than 85 percent of the vote in the most
7-7 recent gubernatorial general election, the alternate presiding
7-8 judge may be a qualified voter of another precinct in the county.
7-9 (c) Section 32.051(b) applies to the residence requirement
7-10 for an emergency appointment of a judge covered by this section.
7-11 SECTION 12. Subchapter C, Chapter 32, Election Code, is
7-12 amended by adding Section 32.0552 to read as follows:
7-13 Sec. 32.0552. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
7-14 OFFENSE. A person is ineligible to serve as an election judge or
7-15 clerk in an election if the person has been finally convicted of an
7-16 offense in connection with conduct directly attributable to an
7-17 election.
7-18 SECTION 13. Section 32.091, Election Code, is amended to
7-19 read as follows:
7-20 Sec. 32.091. COMPENSATION FOR SERVICES AT POLLING PLACE.
7-21 (a) An election judge or clerk is entitled to compensation for
7-22 services rendered at a precinct polling place at an hourly rate not
7-23 to exceed $6. A judge or clerk may be compensated at that rate for
7-24 services rendered under Section 62.014(c).
7-25 (b) A judge or clerk may not be paid for more than one hour
7-26 of work before the polls open, except for payment made for work
7-27 under Section 62.014(c). In a precinct in which voting machines
8-1 are used, a judge or clerk may not be paid for more than two hours
8-2 of work after the time for closing the polls or after the last
8-3 voter has voted, whichever is later.
8-4 SECTION 14. Section 32.094(a), Election Code, is amended to
8-5 read as follows:
8-6 (a) After each election, each presiding judge serving in the
8-7 election shall prepare and sign, in duplicate, a statement
8-8 containing the following information:
8-9 (1) the name and address of the presiding judge and
8-10 each clerk who served under the judge [him];
8-11 (2) the number of hours that each election officer
8-12 worked at the polling place or at another location under Section
8-13 62.014(c), excluding time for which payment may not be made; and
8-14 (3) the name of the election officer who delivered the
8-15 election records, keys, and unused supplies, and, if more than one
8-16 officer, the name of and the amount of compensation allocated to
8-17 each officer.
8-18 SECTION 15. Section 33.002(a), Election Code, is amended to
8-19 read as follows:
8-20 (a) Watchers may be appointed by each candidate whose name
8-21 appears on the ballot or the list of declared write-in candidates
8-22 in an election for:
8-23 (1) a public office other than the office of
8-24 vice-president of the United States; or
8-25 (2) an office of a political party.
8-26 SECTION 16. Section 33.004(a), Election Code, is amended to
8-27 read as follows:
9-1 (a) A group of registered voters may appoint watchers on
9-2 behalf of a write-in candidate in an election in which a
9-3 declaration of write-in candidacy is not required to be filed.
9-4 SECTION 17. Sections 33.006(b) and (c), Election Code, are
9-5 amended to read as follows:
9-6 (b) A certificate of appointment must:
9-7 (1) be in writing and signed by the appointing
9-8 authority or, for an appointment for a write-in candidate under
9-9 Section 33.004, by each of the voters making the appointment;
9-10 (2) indicate the capacity in which the appointing
9-11 authority is acting;
9-12 (3) state the name, residence address, and voter
9-13 registration number of the appointee and be signed by the
9-14 appointee;
9-15 (4) identify the election and the precinct polling
9-16 place or other location at which the appointee is to serve;
9-17 (5) in an election on a measure, identify the measure
9-18 if more than one is to be voted on and state which side of the
9-19 measure the appointee represents; and
9-20 (6) contain an affidavit executed by the appointee
9-21 stating that the appointee will not have possession of any
9-22 mechanical or electronic means of recording images or sound while
9-23 serving as a watcher.
9-24 (c) In addition to complying with Subsection (b), a
9-25 certificate issued to a watcher appointed for a write-in candidate
9-26 under Section 33.004 must:
9-27 (1) include the residence address and voter
10-1 registration number of eligible signers in the required number;
10-2 (2) include the signed statement of the candidate, or
10-3 a person who would be authorized to make appointments on the
10-4 candidate's behalf if the candidate's name appeared on the ballot,
10-5 that the appointment is made with the signer's consent; and
10-6 (3) state the residence or office address of the
10-7 signer under Subdivision (2) and the capacity in which the signer
10-8 [he] signs, if the statement is not signed by the candidate.
10-9 SECTION 18. Subchapter B, Chapter 33, Election Code, is
10-10 amended by adding Section 33.035 to read as follows:
10-11 Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
10-12 OFFENSE. A person is ineligible to serve as a watcher in an
10-13 election if the person has been finally convicted of an offense in
10-14 connection with conduct directly attributable to an election.
10-15 SECTION 19. Section 34.001(c), Election Code, is amended to
10-16 read as follows:
10-17 (c) A request under Subsection (b) must be received by the
10-18 secretary of state not later than the fourth regular business day
10-19 before the date of the election for which the inspectors are
10-20 requested. The request is not available for public inspection
10-21 until the day after election day.
10-22 SECTION 20. Section 41.001, Election Code, is amended by
10-23 adding Subsection (c) to read as follows:
10-24 (c) Except for an election under Subsection (a) or Section
10-25 41.0011, an election may not be held within 30 days before or after
10-26 the date of the general election for state and county officers,
10-27 general primary election, or runoff primary election.
11-1 SECTION 21. Section 52.031(c), Election Code, is amended to
11-2 read as follows:
11-3 (c) A nickname of one unhyphenated word of not more than 10
11-4 letters by which the candidate has been commonly known for at least
11-5 three [two] years [immediately] preceding the election may be used
11-6 in combination with a candidate's name. A nickname that
11-7 constitutes a slogan or otherwise indicates a political, economic,
11-8 social, or religious view or affiliation may not be used. A
11-9 nickname may not be used unless the candidate executes and files
11-10 with the application for a place on the ballot an affidavit
11-11 indicating that the nickname complies with this subsection.
11-12 SECTION 22. Section 52.061(a), Election Code, is amended to
11-13 read as follows:
11-14 (a) The ballot shall be printed in black ink on white or
11-15 light-colored paper, but the ballot may not be the same color as
11-16 sample ballots.
11-17 SECTION 23. The heading of Section 61.010, Election Code, is
11-18 amended to read as follows:
11-19 Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE
11-20 [PROHIBITED].
11-21 SECTION 24. Section 61.010(b), Election Code, is amended to
11-22 read as follows:
11-23 (b) An election judge, an election clerk, a state or federal
11-24 election inspector, a certified peace officer, or a special peace
11-25 officer appointed for the polling place by the presiding judge
11-26 shall [may] wear while on duty in the area described by Subsection
11-27 (a) a name tag and [or] official badge that indicates the person's
12-1 title or position.
12-2 SECTION 25. Section 62.014, Election Code, is amended by
12-3 adding Subsection (c) to read as follows:
12-4 (c) An election officer may make the changes to the list of
12-5 registered voters required by this section at a location other than
12-6 the polling place before it is opened for voting.
12-7 SECTION 26. Section 63.009(a), Election Code, is amended to
12-8 read as follows:
12-9 (a) A voter who does not present a voter registration
12-10 certificate when offering to vote, and whose name is not on the
12-11 list of registered voters for the precinct in which the voter is
12-12 offering to vote, shall be accepted for voting if:
12-13 (1) an election officer can determine from the voter
12-14 registrar that the person is a registered voter of the county, and
12-15 the voter presents proof of identification in a form prescribed by
12-16 the secretary of state and executes the affidavits required by
12-17 Sections 63.007 and 63.008; or
12-18 (2) if any requirement prescribed by Subdivision (1)
12-19 is not met, the voter executes an affidavit in accordance with
12-20 Section 63.010.
12-21 SECTION 27. Section 63.010(d), Election Code, is amended to
12-22 read as follows:
12-23 (d) The presiding judge shall inform a voter of a challenge
12-24 and of the issues raised by the challenge. The presiding judge
12-25 shall [may] request a voter to present proof of identification[, if
12-26 available]. The documentation of proof must be in a form
12-27 prescribed by the secretary of state. A voter's failure to present
13-1 proof of identification does not affect the voter's right to vote
13-2 under this section.
13-3 SECTION 28. Section 67.004(c), Election Code, is amended to
13-4 read as follows:
13-5 (c) The canvassing authority may prepare the tabulation as a
13-6 separate document or may enter the tabulation directly in the local
13-7 election register maintained for the authority. The authority
13-8 shall attach or include as part of the tabulation the report of
13-9 early voting votes by precinct [and by early voting polling place
13-10 location] received under Section 87.1231.
13-11 SECTION 29. Sections 84.001(a) and (e), Election Code, are
13-12 amended to read as follows:
13-13 (a) To be entitled to vote an early voting ballot by mail, a
13-14 person who is eligible for early voting must make an application
13-15 for an early voting ballot to be voted by mail as provided by this
13-16 title.
13-17 (e) A person who has not made an application as provided by
13-18 this title is not entitled to receive an early voting ballot to be
13-19 voted by mail.
13-20 SECTION 30. Section 85.031, Election Code, is amended to
13-21 read as follows:
13-22 Sec. 85.031. ACCEPTING VOTER. (a) For each person [If an
13-23 applicant is] entitled to vote an early voting ballot by personal
13-24 appearance, the early voting clerk shall follow the procedure for
13-25 accepting a regular voter on election day, with the modifications
13-26 necessary for the conduct of early voting.
13-27 (b) A signature roster is not required to be maintained at
14-1 an early voting polling place.
14-2 (c) On accepting a voter [If an applicant does not enter the
14-3 applicant's voter registration number or county election precinct
14-4 of residence on the application, or enters an incorrect number or
14-5 precinct, the clerk shall enter the appropriate information on the
14-6 application before permitting the applicant to vote.]
14-7 [(d) If the applicant is accepted to vote], the clerk shall
14-8 indicate beside the voter's [applicant's] name on the list of
14-9 registered voters or registration omissions list, as applicable,
14-10 that the voter is [applicant was] accepted to vote by personal
14-11 appearance unless the form of either list makes it impracticable to
14-12 do so, and the clerk shall enter the voter's [applicant's] name on
14-13 the poll list.
14-14 SECTION 31. Section 85.062(b), Election Code, is amended to
14-15 read as follows:
14-16 (b) A polling place established under this section may be
14-17 located, subject to Subsection (d), at any place in the territory
14-18 served by the early voting clerk and may be located in any
14-19 stationary structure[, whether stationary or movable,] as directed
14-20 by the authority establishing the branch office. The polling place
14-21 may be located in a movable structure in the general election for
14-22 state and county officers, general primary election, or runoff
14-23 primary election. Ropes or other suitable objects may be used at
14-24 the polling place to ensure compliance with Section 62.004. Persons
14-25 who are not expressly permitted by law to be in a polling place
14-26 shall be excluded from the polling place to the extent practicable.
14-27 SECTION 32. Section 85.064(b), Election Code, is amended to
15-1 read as follows:
15-2 (b) Early voting by personal appearance at each temporary
15-3 branch polling place established under Section 85.062(d) shall be
15-4 conducted on the days [and for the same number of hours] that
15-5 voting is required to be conducted at the main early voting polling
15-6 place under Section 85.005. The authority establishing the
15-7 temporary branch polling place shall determine the hours during
15-8 which the voting is to be conducted on those days. The authority
15-9 shall order voting to be conducted for the same number of hours
15-10 that voting is required to be conducted on those days at the main
15-11 early voting polling place under Section 85.005 on receipt of a
15-12 written request for those hours submitted by at least 15 registered
15-13 voters of the county. The request must be submitted in time to
15-14 enable compliance with Section 85.067.
15-15 SECTION 33. Section 85.069, Election Code, is amended to
15-16 read as follows:
15-17 Sec. 85.069. ELECTION OFFICERS SERVING [OFFICER IN CHARGE
15-18 OF] BRANCH POLLING PLACE. (a) The early voting clerk shall
15-19 designate for each branch polling place a deputy early voting clerk
15-20 as the election officer in charge of the polling place.
15-21 (b) The composition of the set of election officers serving
15-22 a branch polling place must provide representation for each
15-23 political party conducting a primary election in the county.
15-24 SECTION 34. Section 86.007, Election Code, is amended by
15-25 amending Subsection (a) and adding Subsections (d), (e), (f), and
15-26 (g) to read as follows:
15-27 (a) Except as provided by Subsection (d), a [A] marked
16-1 ballot voted by mail must arrive at the address on the carrier
16-2 envelope before the time the polls are required to close on
16-3 election day.
16-4 (d) A federal ballot voted by mail under Chapter 114 that
16-5 arrives after the time prescribed by Subsection (a) shall be
16-6 counted if:
16-7 (1) the carrier envelope was placed for delivery
16-8 before the time the ballot is required to arrive under Subsection
16-9 (a); and
16-10 (2) the ballot arrives at the office of the secretary
16-11 of state not later than:
16-12 (A) the 10th day after the date of a general
16-13 election; or
16-14 (B) the fourth day after the date of a primary
16-15 or special election.
16-16 (e) A delivery under Subsection (d)(1) is timely, except as
16-17 otherwise provided by this title, if the carrier envelope or, if
16-18 applicable, the envelope containing the carrier envelope:
16-19 (1) is properly addressed with postage or handling
16-20 charges prepaid; and
16-21 (2) bears a cancellation mark of a recognized postal
16-22 service or a receipt mark of a military courier indicating a time
16-23 before the deadline.
16-24 (f) If the envelope does not bear the cancellation mark or
16-25 receipt mark as required by Subsection (e)(2), a delivery under
16-26 Subsection (d)(1) is presumed to be timely if the other
16-27 requirements under this section are met.
17-1 (g) The secretary of state shall prescribe procedures as
17-2 necessary to implement Subsection (d).
17-3 SECTION 35. Section 87.002, Election Code, is amended by
17-4 adding Subsection (c) to read as follows:
17-5 (c) The early voting ballot board for the general election
17-6 for state and county officers, general primary election, or runoff
17-7 primary election must include at least one representative from each
17-8 political party that conducts a primary election in that county.
17-9 The representative shall be appointed from a list submitted by the
17-10 county chair of the political party.
17-11 SECTION 36. Section 87.0241(b), Election Code, is amended to
17-12 read as follows:
17-13 (b) The board may not count early voting ballots until:
17-14 (1) the polls open on election day; or
17-15 (2) in a county with a population of 100,000 or more,
17-16 the end of the period for early voting by personal appearance.
17-17 SECTION 37. Section 87.1231, Election Code, is amended to
17-18 read as follows:
17-19 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT [AND
17-20 POLLING PLACE LOCATION]. (a) Not later than the time of the local
17-21 canvass, the early voting clerk shall deliver to the local
17-22 canvassing authority a report of the total number of early voting
17-23 votes for each candidate or measure by election precinct [and by
17-24 early voting polling place location]. The report may reflect the
17-25 total for votes by mail and the total for votes by personal
17-26 appearance.
17-27 (b) The early voting clerk may not report vote totals under
18-1 Subsection (a) for an election precinct in which fewer than five
18-2 votes are cast during the early voting period.
18-3 SECTION 38. Chapter 114, Election Code, is amended to read
18-4 as follows:
18-5 CHAPTER 114. VOTING BY FEDERAL POSTCARD APPLICANT [BALLOT
18-6 BY OVERSEAS CITIZEN]
18-7 Sec. 114.001. DEFINITIONS. In this chapter:
18-8 (1) "Congressional office" means the office of United
18-9 States representative.
18-10 (2) "Federal ballot" means a ballot voted under this
18-11 chapter that is restricted to federal offices only.
18-12 (3) [(2)] "Federal office" means the offices of
18-13 president and vice-president of the United States, United States
18-14 senator, or United States representative.
18-15 (4) "Federal postcard application" means an
18-16 application for a ballot to be voted under this chapter submitted
18-17 on the official federal form prescribed under the federal Uniformed
18-18 and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff
18-19 et seq.).
18-20 (5) [(3)] "United States" includes the several states
18-21 and the District of Columbia, the Commonwealth of Puerto Rico,
18-22 Guam, and the Virgin Islands, but does not include any other
18-23 territory or possession of the United States.
18-24 Sec. 114.002. ELIGIBILITY. A person is eligible for voting
18-25 a federal ballot by mail as provided by this chapter if the person
18-26 is:
18-27 (1) qualified to vote in this state or, if not
19-1 registered to vote in this state, would be qualified if registered,
19-2 and the person is:
19-3 (A) a member of the armed forces of the United
19-4 States, or the spouse or dependent of a member;
19-5 (B) a member of the merchant marine of the
19-6 United States, or the spouse or dependent of a member; or
19-7 (C) domiciled in this state but temporarily
19-8 living outside the United States; or
19-9 (2) a United States citizen dwelling outside the
19-10 United States [is eligible to vote a federal ballot by mail] if:
19-11 (A) [(1)] the citizen's most recent domicile in
19-12 the United States was in this state and the citizen's intent to
19-13 return to this state is uncertain;
19-14 (B) [(2)] the citizen would be eligible for
19-15 registration as a voter in this state if a resident; and
19-16 (C) [(3)] the citizen is not eligible to vote on
19-17 federal offices in any other state.
19-18 Sec. 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE. (a)
19-19 A person voting a federal ballot is entitled to vote only on each
19-20 federal office to be voted on in the election precinct of the
19-21 person's current or most recent domicile in this state, except that
19-22 a person is not entitled to vote on a congressional office unless
19-23 the person provides in the application an address of a domicile in
19-24 this state.
19-25 (b) A notation that the person voted on the federal postcard
19-26 application shall be included on the early voting poll list and the
19-27 early voting roster for each person voting under this chapter.
20-1 Sec. 114.004. APPLICATION. (a) An application for a
20-2 federal ballot must be submitted on an official federal postcard
20-3 application form.
20-4 (b) The application must be submitted to the secretary of
20-5 state [early voting clerk serving the election precinct of the
20-6 applicant's most recent domicile in this state].
20-7 (c) A federal postcard application may be submitted at any
20-8 time during the calendar year in which the election for which a
20-9 ballot is requested occurs, but not later than the deadline for
20-10 submitting a regular application for a ballot to be voted by mail.
20-11 A federal postcard application requesting a ballot for an election
20-12 to be held in January or February may be submitted in the preceding
20-13 calendar year, but not earlier than the earliest date for
20-14 submitting a regular application for a ballot to be voted by mail
20-15 [The period during which a federal ballot application may be
20-16 submitted is the same as that for submitting a federal postcard
20-17 application under Chapter 101].
20-18 (d) If the secretary of state receives an application for a
20-19 ballot under Chapter 84, the secretary shall forward the
20-20 application to the early voting clerk of the county in which the
20-21 person is registered.
20-22 (e) If an early voting clerk receives a federal postcard
20-23 application, the clerk shall forward the application to the
20-24 secretary of state.
20-25 (f) The secretary of state shall perform the duties of the
20-26 early voting clerk for an application submitted under this chapter.
20-27 Sec. 114.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME
21-1 APPLICATION. (a) A person may apply with a single federal
21-2 postcard application for a ballot for any one or more elections in
21-3 which the secretary of state conducts early voting.
21-4 (b) An application that does not identify the election for
21-5 which a ballot is requested shall be treated as if it requests a
21-6 ballot for:
21-7 (1) each general election for a federal office in
21-8 which the secretary of state conducts early voting; and
21-9 (2) the general primary election for a federal office
21-10 if the application indicates party preference and is submitted to
21-11 the secretary of state for the primary.
21-12 (c) An application shall be treated as if it requests a
21-13 ballot for a runoff election that results from an election for
21-14 which a ballot is requested.
21-15 (d) An application requesting a ballot for more than one
21-16 election shall be preserved for the period for preserving the
21-17 precinct election records for the last election for which the
21-18 application is effective [The provisions governing the application
21-19 for ballots for more than one election by a single federal postcard
21-20 application under Chapter 101 apply to a federal ballot
21-21 application].
21-22 Sec. 114.006. DETERMINING OFFICES TO BE VOTED ON. For each
21-23 voter who is to vote a federal ballot, the secretary of state
21-24 [early voting clerk] shall determine the federal offices on which
21-25 the voter is entitled to vote and indicate them on the application
21-26 or the jacket envelope.
21-27 Sec. 114.007. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;
22-1 RETURN OF BALLOT. (a) The balloting materials provided under this
22-2 chapter shall be airmailed to the voter free of United States
22-3 postage, as provided by the federal Uniformed and Overseas Citizens
22-4 Absentee Voting [Rights] Act (42 U.S.C. Section 1973ff et seq.)
22-5 [of 1975], in an envelope labeled "Official Election Balloting
22-6 Material--via Airmail." [The secretary of state shall provide
22-7 early voting clerks with instructions on compliance with this
22-8 subsection.]
22-9 (b) The address to which the balloting materials are sent to
22-10 a voter must be an address outside the county of the voter's
22-11 residence [United States] or an address in the United States for
22-12 forwarding or delivery to the voter at a location outside the
22-13 United States. If the address to which the balloting materials are
22-14 to be sent is within the county served by the early voting clerk,
22-15 the federal ballot application must indicate that the balloting
22-16 materials will be forwarded or delivered to the voter at a location
22-17 outside the United States.
22-18 (c) A ballot voted under this chapter may be returned to the
22-19 secretary of state [early voting clerk] by mail[, common or
22-20 contract carrier,] or military courier.
22-21 (d) Notwithstanding this section and Section 114.008, the
22-22 secretary of state shall prescribe procedures to allow a ballot
22-23 under this chapter to be sent and received by telephonic facsimile
22-24 machine or other electronic means in regard to a member of the
22-25 armed forces who is on active duty and because of the person's
22-26 military assignment is unable to cast a ballot as provided by this
22-27 chapter. The procedures must provide for:
23-1 (1) the use of an existing federal electronic
23-2 transmission system for sending and receiving ballots overseas;
23-3 (2) verification of the voter; and
23-4 (3) the security of the transmission.
23-5 (e) A ballot transmitted to a voter under Subsection (d)
23-6 must contain a unique identifying mark or code that allows the
23-7 secretary of state to determine the voter who requested the ballot.
23-8 The secretary of state shall preserve the records containing the
23-9 identification and all records relating to the receipt of a ballot
23-10 by the secretary under Subsection (d) for the period for preserving
23-11 the precinct election records, and on the expiration of the period,
23-12 subject to an extension under Section 1.013, shall destroy the
23-13 records. Records under this section are confidential and not
23-14 subject to public inspection before they are destroyed.
23-15 Sec. 114.008. OFFICIAL CARRIER ENVELOPE. The officially
23-16 prescribed carrier envelope for voting under this chapter shall be
23-17 labeled "Official Election Balloting Material--via Airmail."
23-18 Sec. 114.009. FEDERAL POSTCARD VOTER REGISTRATION. The
23-19 submission of a federal postcard application that complies with the
23-20 applicable requirements by an unregistered applicant constitutes
23-21 registration by the applicant only for the purpose of voting in the
23-22 federal election for which a ballot is requested and does not
23-23 constitute registration under Title 2.
23-24 Sec. 114.010. COUNTING OF BALLOTS. (a) The secretary of
23-25 state shall prescribe procedures for the tabulation of ballots
23-26 returned under this chapter. The procedures must require that all
23-27 votes:
24-1 (1) for a federal office elected statewide be included
24-2 in the statewide total for the office and in a separate category
24-3 for ballots voted under this chapter; and
24-4 (2) for a congressional office be included in the
24-5 total for the congressional district and in a separate category for
24-6 ballots voted under this chapter in that congressional district.
24-7 (b) The secretary of state shall include the results of the
24-8 ballots counted under Subsection (a), including a ballot described
24-9 by Section 86.007(d), in the state canvass.
24-10 (c) If the election is a primary election, the secretary of
24-11 state shall forward the results to the state executive committee
24-12 for inclusion in the state canvass.
24-13 SECTION 39. Section 127.006(b), Election Code, is amended to
24-14 read as follows:
24-15 (b) Except as otherwise provided by this section, the
24-16 eligibility requirements prescribed by this code for precinct
24-17 election clerks apply to clerks serving at a central counting
24-18 station. To be eligible to serve as a clerk under this section, a
24-19 person must be a qualified voter of the county in which the central
24-20 counting station is located. The general custodian of election
24-21 records, an employee of the custodian, or any other [An] employee
24-22 of a political subdivision is not ineligible [eligible] to serve
24-23 as a clerk under this section because the person is a qualified
24-24 voter of a county other than the county in which the central
24-25 counting station is located or because of the custodian's status as
24-26 a candidate or officeholder.
24-27 SECTION 40. Section 127.1231, Election Code, is amended to
25-1 read as follows:
25-2 Sec. 127.1231. SECURITY OF AUTOMATIC TABULATING EQUIPMENT.
25-3 (a) Except as provided by Subsection (b), the [The] general
25-4 custodian of election records shall ensure that any computer
25-5 terminals located outside the central counting station that are
25-6 capable of accessing the automatic tabulating equipment during the
25-7 tabulation are capable of inquiry functions only and shall ensure
25-8 that no modem access to the tabulating equipment is available
25-9 during the tabulation.
25-10 (b) The secretary of state may prescribe procedures for the
25-11 use of a system to allow results to be transmitted by a modem to
25-12 the central counting station from units of automatic tabulating
25-13 equipment located at a precinct polling place or at a regional
25-14 tabulating center serving several precincts. The system must
25-15 provide for a secure transmission of data. Results may not be
25-16 transmitted under this subsection until the polls close on election
25-17 day.
25-18 SECTION 41. Section 127.201, Election Code, is amended to
25-19 read as follows:
25-20 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
25-21 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
25-22 tabulation of electronic voting system results, the general
25-23 custodian of election records shall conduct a manual count of all
25-24 the races in at least one percent of the election precincts or in
25-25 three precincts, whichever is greater, in which the electronic
25-26 voting system was used. The [Except as provided by Subsection (b),
25-27 the] custodian shall select the precincts at random and shall begin
26-1 the count not later than 72 hours after the polls close. The count
26-2 shall be completed not later than the 21st day after election day.
26-3 Subsection (b) supersedes this subsection to the extent of a
26-4 conflict.
26-5 (b) In a general election for state and county officers,
26-6 primary election, or election on a proposed amendment to the state
26-7 constitution or other statewide measure submitted by the
26-8 legislature, the secretary of state shall select, in accordance
26-9 with rules adopted by the secretary, the precincts to be counted
26-10 under Subsection (a). The secretary shall designate not more than
26-11 three offices and not more than three propositions to be counted in
26-12 the selected precincts. The secretary shall notify the general
26-13 custodian of election records of the precincts, offices, and
26-14 propositions selected under this subsection not earlier than the
26-15 day after election day.
26-16 (c) On selection or notification, as applicable, of the
26-17 precincts to be counted, the general custodian of election records
26-18 shall post in the custodian's office a notice of the date, hour,
26-19 and place of the count.
26-20 (d) [(c)] Each candidate in the election is entitled to be
26-21 present at the count and is entitled to have a representative
26-22 present. A representative must deliver a certificate of
26-23 appointment to the general custodian at the time the representative
26-24 reports for service. The certificate must be in writing and must
26-25 include:
26-26 (1) the printed name and signature of the
26-27 representative;
27-1 (2) the election subject to the count; and
27-2 (3) the printed name and signature of the candidate
27-3 making the appointment.
27-4 (e) [(d)] Not later than the third day after the date the
27-5 count is completed, the general custodian of election records shall
27-6 deliver a written report of the results of the count to the
27-7 secretary of state.
27-8 (f) [(e)] The secretary of state at any time may waive or
27-9 reinstate the requirements of this section for a particular
27-10 political subdivision.
27-11 SECTION 42. Sections 141.032(c) and (d), Election Code, are
27-12 amended to read as follows:
27-13 (c) If an application is accompanied by a petition, the
27-14 petition is considered part of the application, and the review
27-15 shall be completed as soon as practicable after the date the
27-16 application is received by the authority. However, the petition is
27-17 not considered part of the application for purposes of determining
27-18 compliance with the requirements applicable to each document, and a
27-19 deficiency in the requirements for one document may not be remedied
27-20 by the contents of the other document.
27-21 (d) A determination under this section that an application
27-22 complies with the applicable requirements does not preclude a
27-23 subsequent determination that the application does not comply,
27-24 subject to Section 141.034.
27-25 SECTION 43. Section 141.063, Election Code, is amended to
27-26 read as follows:
27-27 Sec. 141.063. VALIDITY OF SIGNATURE. (a) A signature on a
28-1 petition is valid if:
28-2 (1) except as otherwise provided by this code, the
28-3 signer, at the time of signing, is a registered voter of the
28-4 territory from which the office sought is elected or has been
28-5 issued a registration certificate for a registration that will
28-6 become effective in that territory on or before the date of the
28-7 applicable election;
28-8 (2) the petition includes the following information
28-9 with respect to each signer:
28-10 (A) the signer's residence address;
28-11 (B) the signer's date of birth or the signer's
28-12 voter registration number and, if the territory from which
28-13 signatures must be obtained is situated in more than one county,
28-14 the county of registration;
28-15 (C) the date of signing; and
28-16 (D) the signer's printed name;
28-17 (3) the part of the petition in which the signature
28-18 appears contains the affidavit required by Section 141.065;
28-19 (4) each statement that is required by this code to
28-20 appear on each page of the petition appears, at the time of
28-21 signing, on the page on which the signature is entered; and
28-22 (5) any other applicable requirements prescribed by
28-23 this code for a signature's validity are complied with.
28-24 (b) The signature is the only information that is required
28-25 to appear on the petition in the signer's own handwriting.
28-26 (c) The use of ditto marks or abbreviations does not
28-27 invalidate a signature if the required information is reasonably
29-1 ascertainable.
29-2 (d) The omission of the state from the signer's residence
29-3 address does not invalidate a signature unless the political
29-4 subdivision from which the signature is obtained is situated in
29-5 more than one state. The omission of the zip code from the address
29-6 does not invalidate a signature.
29-7 SECTION 44. Section 141.069, Election Code, is amended to
29-8 read as follows:
29-9 Sec. 141.069. VERIFYING SIGNATURES BY STATISTICAL SAMPLE.
29-10 If signatures on a petition that is required to contain more than
29-11 1,000 signatures are to be verified by the authority with whom the
29-12 candidate's application is required to be filed, the authority may
29-13 use as the basis for the verification any reasonable statistical
29-14 sampling method that ensures an accuracy rate of at least 95
29-15 percent [as the basis for the verification. However, the sample
29-16 may not be less than 25 percent of the total number of signatures
29-17 appearing on the petition or 1,000, whichever is less].
29-18 SECTION 45. Chapter 142, Election Code, is amended by adding
29-19 Section 142.0021 to read as follows:
29-20 Sec. 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN
29-21 ONE OFFICE PROHIBITED. (a) A candidate may not file declarations
29-22 of intent for two or more offices that:
29-23 (1) are not permitted by law to be held by the same
29-24 person; and
29-25 (2) are to be voted on at one or more elections held
29-26 on the same day.
29-27 (b) If a person files more than one declaration of intent in
30-1 violation of this section, each declaration filed subsequent to the
30-2 first one filed is invalid.
30-3 SECTION 46. Subchapter C, Chapter 49, Water Code, is amended
30-4 by adding Section 49.072 to read as follows:
30-5 Sec. 49.072. DIRECTOR'S CANDIDACY FOR OTHER OFFICE:
30-6 INELIGIBILITY. (a) A person serving as director of a district who
30-7 becomes a candidate for another office is no longer qualified to
30-8 serve as director.
30-9 (b) In this section, "candidate" has the meaning assigned by
30-10 Section 251.001, Election Code.
30-11 SECTION 47. Section 142.010(c), Election Code, is amended to
30-12 read as follows:
30-13 (c) A candidate's name may not be certified:
30-14 (1) if, before delivering the certification, the
30-15 certifying authority learns that the name is to be omitted from the
30-16 ballot under Section 145.064; or
30-17 (2) for an office for which the candidate's
30-18 declaration or application is invalid under Section 142.0021 or
30-19 141.033, as applicable.
30-20 SECTION 48. Section 161.006, Election Code, is amended to
30-21 read as follows:
30-22 Sec. 161.006. Holding [Primary or] Precinct Convention of
30-23 More Than One Party in Same Building. A political party may not
30-24 [hold a primary election in the same building in which another
30-25 party is holding a primary election on the same day or] hold a
30-26 precinct convention in the same building in which another party is
30-27 holding a precinct convention on the same day unless:
31-1 (1) the rooms in which the [primary elections or]
31-2 conventions are held are separated so that communication from one
31-3 room to the other is precluded; and
31-4 (2) a sign in bold print identifying the party holding
31-5 the [primary election or] convention is posted at the entrance to
31-6 each room.
31-7 SECTION 49. Section 162.008(a), Election Code, is amended to
31-8 read as follows:
31-9 (a) This section applies only to a person desiring to
31-10 affiliate with a political party during that part of a voting year
31-11 in which the general election for state and county officers is held
31-12 that follows:
31-13 (1) the date of the precinct conventions held under
31-14 this title, for a party nominating by convention; or
31-15 (2) 7 p.m. on general primary election day, for a
31-16 party holding a primary election.
31-17 SECTION 50. Section 171.022, Election Code, is amended by
31-18 amending Subsection (b) and adding Subsection (d) to read as
31-19 follows:
31-20 (b) Except as provided by Subsection (d), if [If] no
31-21 candidate receives a majority of the votes, a runoff to determine
31-22 the office is conducted in the same manner as a runoff primary
31-23 election to determine a nomination for public office. The
31-24 candidates to be in a runoff are determined in the same manner as
31-25 candidates in a runoff for a nomination.
31-26 (d) The state executive committee by rule may provide for
31-27 the election of the county chair or precinct chairs of a particular
32-1 county by plurality vote.
32-2 SECTION 51. Subchapter B, Chapter 171, Election Code, is
32-3 amended by adding Section 171.0221 to read as follows:
32-4 Sec. 171.0221. ACCEPTANCE OF OFFICE BY WRITE-IN CANDIDATE.
32-5 (a) Not later than the seventh day after the date the local
32-6 canvass is completed, the county executive committee shall deliver
32-7 by registered or certified mail, return receipt requested, to a
32-8 write-in candidate who receives the vote required for election to
32-9 the office of county or precinct chair a written notice of that
32-10 fact.
32-11 (b) To be entitled to assume the office of county or
32-12 precinct chair, a write-in candidate who receives the vote required
32-13 for election must file a written declaration of acceptance of the
32-14 office with the county executive committee not later than the
32-15 seventh day after the date of receipt of the notice under
32-16 Subsection (a).
32-17 SECTION 52. Section 171.024, Election Code, is amended by
32-18 amending Subsections (b), (c), and (d) and adding Subsection (e) to
32-19 read as follows:
32-20 (b) Except as provided by Subsection (c), a [A] majority of
32-21 the committee's membership must participate in filling a vacancy.
32-22 To be elected, a person must receive a favorable vote of a majority
32-23 of the members voting.
32-24 (c) A vacancy in the office of precinct chair may be filled
32-25 without participation of the majority of the committee membership
32-26 if only one person is a candidate to fill the vacancy and the
32-27 person:
33-1 (1) was elected as a precinct chair in the most recent
33-2 primary election in the county; and
33-3 (2) is eligible to serve in the vacant office.
33-4 (d) A vacancy may not be filled before the beginning of the
33-5 term of office in which the vacancy occurs.
33-6 (e) [(d)] After a vacancy is filled, the county chair
33-7 [chairman] shall promptly deliver written notice of the replacement
33-8 member's name and address to the state chair [chairman] and to the
33-9 county clerk.
33-10 SECTION 53. Section 172.1111, Election Code, is amended to
33-11 read as follows:
33-12 Sec. 172.1111. POSTING NOTICE OF PRECINCT CONVENTION
33-13 REQUIRED. (a) Before the opening of the polls, the presiding
33-14 judge shall post at each outside door through which a voter may
33-15 enter the building in which the polling place is located a written
33-16 notice in bold print of the date, hour, and place for convening the
33-17 precinct convention.
33-18 (b) The judge is not required to use an officially
33-19 prescribed form for the notice.
33-20 (c) The notice must remain posted continuously through
33-21 election day.
33-22 SECTION 54. Section 172.120, Election Code, is amended by
33-23 adding Subsections (i) and (j) to read as follows:
33-24 (i) The state executive committee shall conduct a new state
33-25 canvass for a race under this section if:
33-26 (1) the secretary of state forwards results under
33-27 Section 114.010(c) of ballots described by Section 86.007(d);
34-1 (2) the vote totals of the election are changed; and
34-2 (3) the state executive committee has conducted a
34-3 canvass for the election under this section.
34-4 (j) The canvass required by Subsection (i) shall be
34-5 conducted not later than 48 hours after the time the committee
34-6 receives results described by Subsection (i)(1). The new state
34-7 canvass replaces the original state canvass. The state executive
34-8 committee by rule may prescribe procedures as necessary to conduct
34-9 the new state canvass under Subsection (i).
34-10 SECTION 55. Subchapter E, Chapter 172, Election Code, is
34-11 amended by adding Section 172.126 to read as follows:
34-12 Sec. 172.126. JOINT PRIMARIES AUTHORIZED. (a) The primary
34-13 elections in a county may be conducted jointly at the regular
34-14 polling places designated for the general election for state and
34-15 county officers. The county clerk shall supervise the overall
34-16 conduct of the joint primary elections. This section applies to
34-17 the conduct of joint primary elections notwithstanding and in
34-18 addition to other applicable provisions of this code. The decision
34-19 to conduct a joint primary election must be made by majority vote
34-20 of the full membership of the commissioners court and with the
34-21 unanimous approval of the county clerk and the county chair of each
34-22 political party required to nominate candidates by primary
34-23 election.
34-24 (b) The county clerk shall determine whether to consolidate
34-25 election precincts under Section 42.009 and shall designate the
34-26 location of the polling place in a consolidated precinct. To the
34-27 extent possible, a polling place shall be designated that will
35-1 accommodate the precinct conventions of each political party. If a
35-2 polling place, whether for a regular or consolidated precinct, is
35-3 not suitable for more than one precinct convention, the polling
35-4 place may be used by the party whose candidate for governor
35-5 received the most votes in the county in the most recent
35-6 gubernatorial general election.
35-7 (c) One set of election officers shall conduct the primary
35-8 elections at each polling place. Not later than the second Monday
35-9 in December preceding the primary elections, each county chair
35-10 shall deliver to the county clerk a list of the names of the
35-11 election judges and clerks for that party. The presiding judge of
35-12 each party, or alternate judge if applicable, serves as a co-judge
35-13 for the precinct. The county clerk shall appoint the election
35-14 clerks in accordance with rules prescribed by the secretary of
35-15 state. The secretary of state shall prescribe the maximum number
35-16 of clerks that may be appointed for each precinct. The early
35-17 voting ballot board and any central counting station shall also be
35-18 composed of and administered by one set of election officers that
35-19 provides representation for each party, and the secretary of state
35-20 by rule shall prescribe procedures consistent with this subsection
35-21 for the appointment of those officers.
35-22 (d) Each co-judge has the law enforcement duties and powers
35-23 provided under Section 32.075. Each co-judge has the exclusive
35-24 authority to conduct challenges on the eligibility of voters,
35-25 tabulate the votes, and deliver the election returns in the primary
35-26 of the party with which that judge is affiliated or aligned.
35-27 (e) A written certification of the candidates' names that
36-1 are to appear on the primary ballot shall be delivered to the
36-2 county clerk in accordance with rules prescribed by the secretary
36-3 of state.
36-4 (f) The county clerk shall determine the ballot format and
36-5 voting system for each election precinct and shall procure the
36-6 election equipment and supplies.
36-7 (g) A separate set of ballot boxes or other suitable
36-8 containers approved by the secretary of state shall be used for
36-9 each party's primary, except that one set of ballot boxes or other
36-10 containers may be used in a joint primary using an electronic
36-11 voting system in which the ballots are deposited by the voters
36-12 directly into a unit of automatic tabulating equipment. The lists
36-13 of registered voters and the voters' registration certificates
36-14 shall be marked and stamped to show the appropriate party
36-15 affiliation for each voter. A separate list of registered voters
36-16 shall be used for each party's primary. The secretary of state by
36-17 rule shall prescribe requirements to ensure that one party's ballot
36-18 is readily distinguished from another's, which may include the use
36-19 of different colors of ink.
36-20 (h) Separate election returns shall be prepared for each
36-21 party's primary and shall be canvassed as provided by this code.
36-22 (i) The secretary of state by rule shall prescribe the
36-23 procedures necessary to implement this section to ensure the
36-24 orderly and proper administration of joint primary elections.
36-25 SECTION 56. Subchapter A, Chapter 173, Election Code, is
36-26 amended by adding Section 173.011 to read as follows:
36-27 Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS
37-1 GENERALLY. (a) This section applies to the financing of joint
37-2 primary elections notwithstanding and in addition to other
37-3 applicable provisions of this code.
37-4 (b) Any surplus remaining in a county primary fund shall be
37-5 remitted to the county clerk immediately after the final payment
37-6 from the fund of the necessary expenses for holding the primary
37-7 elections for that year, but not later than July 1 following the
37-8 applicable primary election. The surplus in the primary fund shall
37-9 be remitted regardless of whether state funds were requested by the
37-10 chair. Any surplus primary funds received by the county clerk
37-11 under this subsection may be used only for paying the remaining
37-12 expenses of the joint primary election.
37-13 (c) The secretary of state shall adopt rules, consistent
37-14 with this chapter to the extent practicable, that are necessary for
37-15 the fair and efficient financing of joint primary elections.
37-16 SECTION 57. Section 181.006(k), Election Code, is amended to
37-17 read as follows:
37-18 (k) The secretary of state shall post a notice of the
37-19 receipt of a petition on the bulletin board used for posting notice
37-20 of meetings of state governmental bodies. Any person may challenge
37-21 the validity of the petition by filing a written statement of the
37-22 challenge with the secretary of state not later than the fifth day
37-23 after the date notice is posted. The [If a petition that complies
37-24 with the other applicable requirements appears on its face to
37-25 contain a sufficient number of valid signatures, the] secretary of
37-26 state may [not] verify the petition signatures regardless of
37-27 whether [unless] the petition is timely challenged.
38-1 SECTION 58. Chapter 203, Election Code, is amended by adding
38-2 Section 203.0121 to read as follows:
38-3 Sec. 203.0121. REPLACEMENT CANVASS. (a) The governor
38-4 shall conduct a new state canvass for a race under Section 203.012
38-5 if:
38-6 (1) ballots described by Section 86.007(d) are
38-7 received;
38-8 (2) the vote totals of the election are changed; and
38-9 (3) the governor has conducted a canvass for the
38-10 election under Section 203.012.
38-11 (b) The canvass required by Subsection (a) shall be
38-12 conducted not later than 48 hours after the time the last ballot
38-13 described by Subsection (a)(1) is received. The new state canvass
38-14 replaces the original state canvass.
38-15 SECTION 59. Section 212.005, Election Code, is amended by
38-16 amending Subsection (c) and adding Subsection (d) to read as
38-17 follows:
38-18 (c) Except as provided by Subsection (d), if [If] more than
38-19 one petition or application is approved, the recount requested by
38-20 each person shall be conducted at the same time.
38-21 (d) If different counting methods are chosen under Section
38-22 214.042(a) among multiple requests for a recount of electronic
38-23 voting system results, only one method may be used in the recount.
38-24 A manual recount shall be conducted in preference to an electronic
38-25 recount and an electronic recount using a corrected program shall
38-26 be conducted in preference to an electronic recount using the same
38-27 program as the original count.
39-1 SECTION 60. Section 212.0241, Election Code, is amended to
39-2 read as follows:
39-3 Sec. 212.0241. No Ground Required for Electronic Voting
39-4 System Recount. (a) A ground for obtaining an initial recount as
39-5 prescribed by this subchapter is not required to obtain an initial
39-6 recount of electronic voting system results, subject to Subsection
39-7 (b).
39-8 (b) A candidate for nomination or election to an office may
39-9 obtain an initial recount of electronic voting system results in an
39-10 election in which the person was a candidate only if the candidate
39-11 is shown by the election returns not to be nominated or elected.
39-12 (c) The secretary of state shall prescribe any procedures
39-13 necessary to accommodate the authorization to obtain a recount of
39-14 electronic voting system results without a specific ground.
39-15 (d) This section does not affect the scope of a recount as
39-16 governed by Subchapter F.
39-17 SECTION 61. Sections 212.081, 212.083, and 212.085, Election
39-18 Code, are amended to read as follows:
39-19 Sec. 212.081. Applicability of Subchapter. This subchapter
39-20 applies to a recount in an election on an office in which:
39-21 (1) a majority vote is required for nomination or
39-22 election; and
39-23 (2) votes were cast for more than two candidates[; and]
39-24 [(3) a regularly scheduled runoff for another office
39-25 that was voted on at the same election, or at an election held
39-26 jointly with the election for which a recount is desired, is to be
39-27 held in any part of the territory covered by the election on the
40-1 office for which a recount is desired].
40-2 Sec. 212.083. Deadline for Submitting Petition. The
40-3 [(a) If the date for the regularly scheduled runoff may not be
40-4 earlier than the 25th day after the date of the election in which
40-5 the recount is desired, the] deadline for submitting a recount
40-6 petition under this subchapter is the later of:
40-7 (1) 2 p.m. of the third day after election day; or
40-8 (2) 2 p.m. of the first day after the date of the
40-9 local canvass.
40-10 [(b) If the date for the regularly scheduled runoff may be
40-11 earlier than the 25th day after the date of the election, the
40-12 deadline for submitting the petition is 2 p.m. of the second day
40-13 after election day.]
40-14 Sec. 212.085. Deadline for Amending Petition. [(a)] The
40-15 deadline for amending a petition under this subchapter [governed by
40-16 Section 212.083(a)] is:
40-17 (1) 10 a.m. of the day after the date notice of defect
40-18 is received, if received at or after 12 midnight and before 12
40-19 noon; or
40-20 (2) 4 p.m. of the day after the date notice of defect
40-21 is received, if received at or after 12 noon and before 12
40-22 midnight.
40-23 [(b) The deadline for amending a petition governed by
40-24 Section 212.083(b) is:]
40-25 [(1) 4 p.m. of the day notice of defect is received,
40-26 if received at or after 12 midnight and before 10 a.m.;]
40-27 [(2) 10 a.m. of the day after the date notice of
41-1 defect is received, if received at or after 10 a.m. and before 5
41-2 p.m.; or]
41-3 [(3) 2 p.m. of the day after the date notice of defect
41-4 is received, if received at or after 5 p.m. and before 12
41-5 midnight.]
41-6 SECTION 62. Section 212.113, Election Code, is amended to
41-7 read as follows:
41-8 Sec. 212.113. Return of Deposit. (a) On rejection of a
41-9 recount document, the recount coordinator shall return the recount
41-10 deposit to the person who submitted the document.
41-11 (b) On the timely withdrawal of a recount document, the
41-12 recount coordinator shall return to the person who submitted the
41-13 document the recount deposit less any necessary expenditures made
41-14 toward the conduct of the recount before the request for withdrawal
41-15 was received.
41-16 (c) The recount coordinator shall return to each person
41-17 requesting a recount whose chosen counting method is not used under
41-18 Section 212.005(d) the recount deposit less any necessary
41-19 expenditures made toward the conduct of the recount before the
41-20 other counting method was determined to be the preferential method.
41-21 SECTION 63. Section 232.008, Election Code, is amended by
41-22 adding Subsection (d) to read as follows:
41-23 (d) A contestant must deliver a copy of the petition to the
41-24 secretary of state by the same deadline prescribed for the filing
41-25 of the petition.
41-26 SECTION 64. Section 233.006, Election Code, is amended by
41-27 adding Subsection (c) to read as follows:
42-1 (c) The contestant must deliver a copy of the petition to
42-2 the secretary of state by the same deadline prescribed for the
42-3 filing of the petition.
42-4 SECTION 65. Chapter 271, Election Code, is amended by adding
42-5 Section 271.0071 to read as follows:
42-6 Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
42-7 restrictions on multiple methods of voting at the same polling
42-8 place or in early voting prescribed by Sections 123.005-123.007 do
42-9 not apply to a joint election as if the joint election were a
42-10 single election but rather apply independently to the election of
42-11 each participating political subdivision in the joint election.
42-12 SECTION 66. Sections 277.002(a) and (d), Election Code, are
42-13 amended to read as follows:
42-14 (a) For a petition signature to be valid, a petition must:
42-15 (1) contain in addition to the signature:
42-16 (A) the signer's printed name;
42-17 (B) the signer's date of birth or the signer's
42-18 voter registration number and, if the territory from which
42-19 signatures must be obtained is situated in more than one county,
42-20 the county of registration;
42-21 (C) the signer's residence address; and
42-22 (D) the date of signing; and
42-23 (2) comply with any other applicable requirements
42-24 prescribed by law.
42-25 (d) The omission of the state from the signer's residence
42-26 address does not invalidate a signature unless the political
42-27 subdivision from which the signature is obtained is situated in
43-1 more than one state. The omission of the zip code from the address
43-2 does not invalidate a signature.
43-3 SECTION 67. (a) Subchapter A, Chapter 41, Election Code, is
43-4 amended by adding Section 41.0031 to read as follows:
43-5 Sec. 41.0031. ELECTIONS IN MARCH IN CERTAIN POLITICAL
43-6 SUBDIVISIONS. (a) This section applies only to:
43-7 (1) a city with a population of more than 450,000 in
43-8 which all members of the city's governing body are elected at
43-9 large;
43-10 (2) an independent school district or public junior
43-11 college district with a service area that is primarily the same as
43-12 that of a city described by Subdivision (1); and
43-13 (3) a metropolitan transit authority with a principal
43-14 city described by Subdivision (1).
43-15 (b) A general or special election of officers of a political
43-16 subdivision covered by this section shall be held on the fourth
43-17 Saturday in March.
43-18 (b) Section 7(c), Chapter 429, Acts of the 70th Legislature,
43-19 Regular Session, 1987, is amended to read as follows:
43-20 (c) The directors elected at the first election shall draw
43-21 lots for three four-year terms and two two-year terms. Thereafter,
43-22 all directors shall serve four-year terms, and all director's
43-23 elections shall occur on the fourth Saturday in March [May general
43-24 election date] of even-numbered years.
43-25 (c) The governing body of a political subdivision holding an
43-26 election under Section 41.0031, Election Code, as added by this
43-27 section, shall adjust the terms of office to conform to the new
44-1 election date. The governing body shall adjust the election
44-2 schedule to conform to the new date as provided by Section 41.006,
44-3 Election Code.
44-4 (d) This section prevails over another Act of the 75th
44-5 Legislature, Regular Session, 1997, to the extent of a conflict.
44-6 SECTION 68. Section 84.006, Election Code, is repealed.
44-7 SECTION 69. Chapter 101, Election Code, is repealed.
44-8 SECTION 70. Not later than January 15, 1999, the secretary
44-9 of state shall file a report with the lieutenant governor and the
44-10 speaker of the house of representatives on the costs of elections
44-11 held by political subdivisions of this state on dates other than
44-12 the uniform election dates prescribed by Section 41.001, Election
44-13 Code.
44-14 SECTION 71. This Act takes effect September 1, 1997.
44-15 SECTION 72. The importance of this legislation and the
44-16 crowded condition of the calendars in both houses create an
44-17 emergency and an imperative public necessity that the
44-18 constitutional rule requiring bills to be read on three several
44-19 days in each house be suspended, and this rule is hereby suspended.