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.

 2-1           (c)  A tying candidate may resolve the tie by filing with the

 2-2     presiding officer of the final canvassing authority a written

 2-3     statement of withdrawal signed and acknowledged by the candidate.

 2-4     On receipt of the statement of withdrawal, the remaining candidate

 2-5     is the winner, and a casting of lots is not held.

 2-6           SECTION 3.  Section 2.051, Election Code, is amended to read

 2-7     as follows:

 2-8           Sec. 2.051.  Applicability of Subchapter.  (a)  This

 2-9     subchapter applies only to an election for officers of a political

2-10     subdivision other than a county in which write-in votes may be

2-11     counted only for names appearing on a list of write-in candidates

2-12     and in which:

2-13                 (1)  each candidate whose name is to appear on the

2-14     ballot is unopposed, except as provided by Subsection (b); and

2-15                 (2)  no proposition is to appear on the ballot.

2-16           (b)  In the case of an election in which any members of the

2-17     political subdivision's governing body are elected from

2-18     single-member districts, this subchapter applies to the election in

2-19     a particular single-member district if:

2-20                 (1)  each candidate whose name is to appear on the

2-21     ballot in that district is unopposed; and

2-22                 (2)  the requirements prescribed by Subsection (a) are

2-23     otherwise met.

2-24           SECTION 4.  Section 13.072, Election Code, is amended by

2-25     amending Subsection (c) and adding Subsection (e) to read as

2-26     follows:

2-27           (c)  Except as provided by Subsection (d) or (e), if the

 3-1     registrar determines that an application does not comply with

 3-2     Section 13.002 or does not indicate that the applicant is eligible

 3-3     for registration, the registrar shall reject the application.

 3-4           (e)  If the registrar determines that an application is

 3-5     incomplete, the registrar shall notify the applicant of that fact.

 3-6     If the applicant submits the required information not later than

 3-7     the third day after the date notice is received under this

 3-8     subsection, the registrar shall proceed with the review of the

 3-9     application.

3-10           SECTION 5.  Section 13.143(e), Election Code, is amended to

3-11     read as follows:

3-12           (e)  If the 30th day before the date of an election is a

3-13     Saturday, Sunday, or legal state or national holiday, an

3-14     application [submitted by mail] is considered to be timely if it is

3-15     submitted to the registrar on or before [the date indicated by the

3-16     post office cancellation mark is] the next regular business day.

3-17           SECTION 6.  Section 31.002(a), Election Code, is amended to

3-18     read as follows:

3-19           (a)  The secretary of state shall prescribe the design and

3-20     content, consistent with this code, of the forms necessary for the

3-21     administration of this code.  The design and content must enhance

3-22     the ability of a person to understand the applicable requirements

3-23     and to physically furnish the required information in the space

3-24     provided.

3-25           SECTION 7.  Section 31.100(d), Election Code, is amended to

3-26     read as follows:

3-27           (d)  The county election officer may not be personally

 4-1     compensated for election services performed under an election

 4-2     services contract.  A fee charged by the officer for general

 4-3     supervision of the election may not exceed 10 [five] percent of the

 4-4     total amount of the contract, but may not be less than $75.

 4-5           SECTION 8.  Sections 32.002(a) and (b), Election Code, are

 4-6     amended to read as follows:

 4-7           (a)  The commissioners court[,] at its July term [each year,]

 4-8     shall appoint the election judges for each regular county election

 4-9     precinct.

4-10           (b)  Judges appointed under Subsection (a) serve for a term

4-11     of one year beginning on August 1 following the appointment, except

4-12     that the commissioners court by order recorded in its minutes may

4-13     provide for a term of two years.

4-14           SECTION 9.  Sections 32.002(c) and (d), Election Code, are

4-15     amended to read as follows:

4-16           (c)  The presiding judge and alternate presiding judge must

4-17     be affiliated or aligned with different political parties, subject

4-18     to this subsection.  Before July of each year, the county chair of

4-19     a political party whose candidate for governor received the highest

4-20     or second highest number of votes in the county in the most recent

4-21     gubernatorial general election shall submit in writing to the

4-22     commissioners court a list of names of persons in order of

4-23     preference for each precinct who are eligible for appointment as an

4-24     election judge.  The commissioners court shall appoint the first

4-25     person meeting the applicable eligibility requirements from the

4-26     list submitted in compliance with this subsection by the party with

4-27     the highest number of votes in the precinct as the presiding judge

 5-1     and the first person meeting the applicable eligibility

 5-2     requirements from the list submitted in compliance with this

 5-3     subsection by the party with the second highest number of votes in

 5-4     the precinct as the alternate presiding judge.  The commissioners

 5-5     court may reject the list if the persons whose names are submitted

 5-6     on the list are determined not to meet the applicable eligibility

 5-7     requirements.  If the list is rejected, the appointment shall be

 5-8     made for the full term in accordance with the same procedures

 5-9     provided for the filling of vacancies under Subsection (d) based on

5-10     the time of the rejection instead of the time that a vacancy

5-11     occurs.  If a list of names is not submitted in compliance with

5-12     this subsection, the commissioners court shall appoint an eligible

5-13     person who is affiliated or aligned with the appropriate party, if

5-14     available.

5-15           (d)  The commissioners court shall fill a vacancy in the

5-16     position of election judge for the remainder of the unexpired term.

5-17     An appointment to fill a vacancy may be made at any regular or

5-18     special term of court.  Not later than 48 hours after the county

5-19     clerk becomes aware of a vacancy, the county clerk shall notify the

5-20     county chair of the same political party with which the original

5-21     judge was affiliated or aligned of the vacancy.  Not later than the

5-22     fifth day after the date of notification of the vacancy, the county

5-23     chair of the same political party with which the original judge was

5-24     affiliated or aligned shall submit to the commissioners court in

5-25     writing the name of a person who is eligible for the appointment.

5-26     If a name is submitted in compliance with this subsection, the

5-27     commissioners court shall appoint that person to the unexpired

 6-1     term.  If a name is not submitted in compliance with this

 6-2     subsection, the commissioners court shall appoint an eligible

 6-3     person who is affiliated or aligned with the same party, if

 6-4     available.

 6-5           [(d)  The county clerk shall recommend a presiding judge and

 6-6     an alternate judge for each precinct and shall submit a list of the

 6-7     recommendations to the commissioners court.  The clerk shall also

 6-8     recommend an appointee for each unexpired term.  The court shall

 6-9     consider the clerk's recommendation before making an appointment.]

6-10           SECTION 10.  Section 32.007, Election Code, is amended by

6-11     amending Subsections (a) and (b) and adding Subsection (f) to read

6-12     as follows:

6-13           (a)  If neither the presiding judge nor the alternate

6-14     presiding judge can serve in an election and their inability to

6-15     serve is discovered so late that it is impracticable to fill the

6-16     vacancy in the normal manner, the presiding officer of the

6-17     appointing authority or the authority if a single officer shall

6-18     appoint a replacement judge to preside at the election, subject to

6-19     Subsection (f).  If the appointing authority is unavailable, the

6-20     authority responsible for distributing the supplies for the

6-21     election shall appoint the replacement judge.

6-22           (b)  If a person authorized to act as presiding judge is not

6-23     present at the polling place at the time for opening the polls, on

6-24     receiving information of the absence, the authority authorized to

6-25     appoint a replacement under Subsection (a) shall investigate the

6-26     absence and appoint a replacement judge, subject to Subsection (f),

6-27     unless the authority learns that a previously appointed judge will

 7-1     immediately report for duty.

 7-2           (f)  A person who is appointed as a replacement for a judge

 7-3     originally appointed under Section 32.002 must be affiliated or

 7-4     aligned with the same political party as was the original judge, if

 7-5     possible.

 7-6           SECTION 11.  Section 32.051, Election Code, is amended by

 7-7     amending Subsection (a) and adding Subsection (e) to read as

 7-8     follows:

 7-9           (a)  Except as provided by Subsection (b) or (e), to be

7-10     eligible to serve as a judge of an election precinct, a person

7-11     must:

7-12                 (1)  be a qualified voter of the precinct; and

7-13                 (2)  for a regular county election precinct for which

7-14     an appointment is made by the commissioners court, satisfy any

7-15     additional eligibility requirements prescribed by written order of

7-16     the commissioners court.

7-17           (e)  In a regular county election precinct for which an

7-18     appointment is made by the commissioners court and in which a

7-19     political party's candidate for governor received more than 85

7-20     percent of the vote in the most recent gubernatorial general

7-21     election, the alternate presiding judge may be a qualified voter of

7-22     another precinct in the county.

7-23           SECTION 12.  Subchapter C, Chapter 32, Election Code, is

7-24     amended by adding Section 32.0552 to read as follows:

7-25           Sec. 32.0552.  INELIGIBILITY OF PERSON CONVICTED OF ELECTION

7-26     OFFENSE.  A person is ineligible to serve as an election judge or

7-27     clerk in an election if the person has been finally convicted of an

 8-1     offense in connection with conduct directly attributable to an

 8-2     election.

 8-3           SECTION 13.  Section 32.091, Election Code, is amended to

 8-4     read as follows:

 8-5           Sec. 32.091.  COMPENSATION FOR SERVICES AT POLLING PLACE.

 8-6     (a)  An election judge or clerk is entitled to compensation for

 8-7     services rendered at a precinct polling place at an hourly rate not

 8-8     to exceed $6.  A judge or clerk may be compensated at that rate for

 8-9     services rendered under Section 62.014(c).

8-10           (b)  A judge or clerk may not be paid for more than one hour

8-11     of work before the polls open, except for payment made for work

8-12     under Section 62.014(c).  In a precinct in which voting machines

8-13     are used, a judge or clerk may not be paid for more than two hours

8-14     of work after the time for closing the polls or after the last

8-15     voter has voted, whichever is later.

8-16           SECTION 14.  Section 32.094(a), Election Code, is amended to

8-17     read as follows:

8-18           (a)  After each election, each presiding judge serving in the

8-19     election shall prepare and sign, in duplicate, a statement

8-20     containing the following information:

8-21                 (1)  the name and address of the presiding judge and

8-22     each clerk who served under the judge [him];

8-23                 (2)  the number of hours that each election officer

8-24     worked at the polling place or at another location under Section

8-25     62.014(c), excluding time for which payment may not be made; and

8-26                 (3)  the name of the election officer who delivered the

8-27     election records, keys, and unused supplies, and, if more than one

 9-1     officer, the name of and the amount of compensation allocated to

 9-2     each officer.

 9-3           SECTION 15.  Section 33.002(a), Election Code, is amended to

 9-4     read as follows:

 9-5           (a)  Watchers may be appointed by each candidate whose name

 9-6     appears on the ballot or the list of declared write-in candidates

 9-7     in an election for:

 9-8                 (1)  a public office other than the office of

 9-9     vice-president of the United States; or

9-10                 (2)  an office of a political party.

9-11           SECTION 16.  Section 33.004(a), Election Code, is amended to

9-12     read as follows:

9-13           (a)  A group of registered voters may appoint watchers on

9-14     behalf of a write-in candidate in an election in which a

9-15     declaration of write-in candidacy is not required to be filed.

9-16           SECTION 17.  Sections 33.006(b) and (c), Election Code, are

9-17     amended to read as follows:

9-18           (b)  A certificate of appointment must:

9-19                 (1)  be in writing and signed by the appointing

9-20     authority or, for an appointment for a write-in candidate under

9-21     Section 33.004, by each of the voters making the appointment;

9-22                 (2)  indicate the capacity in which the appointing

9-23     authority is acting;

9-24                 (3)  state the name, residence address, and voter

9-25     registration number of the appointee and be signed by the

9-26     appointee;

9-27                 (4)  identify the election and the precinct polling

 10-1    place or other location at which the appointee is to serve;

 10-2                (5)  in an election on a measure, identify the measure

 10-3    if more than one is to be voted on and state which side of the

 10-4    measure the appointee represents; and

 10-5                (6)  contain an affidavit executed by the appointee

 10-6    stating that the appointee will not have possession of any

 10-7    mechanical or electronic means of recording images or sound while

 10-8    serving as a watcher.

 10-9          (c)  In addition to complying with Subsection (b), a

10-10    certificate issued to a watcher appointed for a write-in candidate

10-11    under Section 33.004 must:

10-12                (1)  include the residence address and voter

10-13    registration number of eligible signers in the required number;

10-14                (2)  include the signed statement of the candidate, or

10-15    a person who would be authorized to make appointments on the

10-16    candidate's behalf if the candidate's name appeared on the ballot,

10-17    that the appointment is made with the signer's consent; and

10-18                (3)  state the residence or office address of the

10-19    signer under Subdivision (2) and the capacity in which the signer

10-20    [he] signs, if the statement is not signed by the candidate.

10-21          SECTION 18.  Subchapter B, Chapter 33, Election Code, is

10-22    amended by adding Section 33.035 to read as follows:

10-23          Sec. 33.035.  INELIGIBILITY OF PERSON CONVICTED OF ELECTION

10-24    OFFENSE.  A person is ineligible to serve as a watcher in an

10-25    election if the person has been finally convicted of an offense in

10-26    connection with conduct directly attributable to an election.

10-27          SECTION 19.  Section 34.001(c), Election Code, is amended to

 11-1    read as follows:

 11-2          (c)  A request under Subsection (b) must be received by the

 11-3    secretary of state not later than the fourth regular business day

 11-4    before the date of the election for which the inspectors are

 11-5    requested.  The request is not available for public inspection

 11-6    until the day after election day.

 11-7          SECTION 20.  Section 41.001, Election Code, is amended by

 11-8    adding Subsection (c) to read as follows:

 11-9          (c)  Except for an election under Subsection (a) or Section

11-10    41.0011, an election may not be held within 30 days before or after

11-11    the date of the general election for state and county officers,

11-12    general primary election, or runoff primary election.

11-13          SECTION 21.  Section 41.003, Election Code, is amended to

11-14    read as follows:

11-15          Sec. 41.003.  AUTHORIZED NOVEMBER ELECTIONS IN EVEN-NUMBERED

11-16    YEAR.  Only the following elections may be held on the date of the

11-17    general election for state and county officers:

11-18                (1)  a general or special election for officers of the

11-19    federal, state, or county government;

11-20                (2)  a general or special election of officers of a

11-21    general-law city if the city's governing body determines that the

11-22    religious beliefs of more than 50 percent of the registered voters

11-23    of the city prohibit voting on Saturday;

11-24                (3)  a general or special election [of officers] of a

11-25    home-rule city [with a population under 30,000, if before 1975 the

11-26    general election of the city's officers was held on that date in

11-27    even-numbered years];

 12-1                (4)  an election on a proposed amendment to the state

 12-2    constitution or on another statewide measure submitted by the

 12-3    legislature;

 12-4                (5)  a countywide election on a measure that is ordered

 12-5    by a county authority and that affects county government;

 12-6                (6)  an election on a measure submitted by order of an

 12-7    authority of a city described by Subdivision (2) [or (3)];

 12-8                (7)  a commissioners' election of a self-liquidating

 12-9    navigation district held under Section 63.0895, Water Code; and

12-10                (8)  an election on a proposed home-rule school

12-11    district charter or on a proposed amendment to a home-rule school

12-12    district charter that is held under Section 12.019 or 12.020,

12-13    Education Code.

12-14          SECTION 22.  Section 52.031(c), Election Code, is amended to

12-15    read as follows:

12-16          (c)  A nickname of one unhyphenated word of not more than 10

12-17    letters by which the candidate has been commonly known for at least

12-18    three [two] years [immediately] preceding the election may be used

12-19    in combination with a candidate's name.  A nickname that

12-20    constitutes a slogan or otherwise indicates a political, economic,

12-21    social, or religious view or affiliation may not be used. A

12-22    nickname may  not be used unless the candidate executes and files

12-23    with the application for a place on the ballot an affidavit

12-24    indicating that the nickname complies with this subsection.

12-25          SECTION 23.  Section 52.061(a), Election Code, is amended to

12-26    read as follows:

12-27          (a)  The ballot shall be printed in black ink on white or

 13-1    light-colored paper, but the ballot may not be the same color as

 13-2    sample ballots.

 13-3          SECTION 24.  The heading of Section 61.010, Election Code, is

 13-4    amended to read as follows:

 13-5          Sec. 61.010.  WEARING NAME TAG OR BADGE IN POLLING PLACE

 13-6    [PROHIBITED].

 13-7          SECTION 25.  Section 61.010(b), Election Code, is amended to

 13-8    read as follows:

 13-9          (b)  An election judge, an election clerk, a state or federal

13-10    election inspector, a certified peace officer, or a special peace

13-11    officer appointed for the polling place by the presiding judge

13-12    shall [may] wear while on duty in the area described by Subsection

13-13    (a) a [name] tag  or official badge that indicates the person's

13-14    name and title or position.

13-15          SECTION 26.  Section 62.014, Election Code, is amended by

13-16    adding Subsection (c) to read as follows:

13-17          (c)  An election officer may make the changes to the list of

13-18    registered voters required by this section at a location other than

13-19    the polling place before it is opened for voting.

13-20          SECTION 27.  Section 63.008, Election Code, is amended to

13-21    read as follows:

13-22          Sec. 63.008.  VOTER WITHOUT CERTIFICATE WHO IS ON LIST.

13-23    (a)  A voter who does not present a voter registration certificate

13-24    when offering to vote, but whose name is on the list of registered

13-25    voters for the precinct in which the voter [he] is offering to

13-26    vote, shall be accepted for voting if the voter executes an

13-27    affidavit stating that the voter [he] does not have the voter's

 14-1    [his] voter registration certificate in the voter's [his]

 14-2    possession at the polling place at the time of offering to vote

 14-3    and:

 14-4                (1)  the voter presents proof of identification in a

 14-5    form described by Section 63.0101; or

 14-6                (2)  the affidavit is also signed by a person who is

 14-7    working at the polling place and who attests to the identity of the

 14-8    voter.

 14-9          (b)  If the requirements prescribed by Subsection (a)  are

14-10    not met, the voter may not be accepted for voting, and an election

14-11    officer shall indicate beside the voter's name on the list of

14-12    registered voters that the voter was rejected under this section.

14-13          SECTION 28.  Section 63.009, Election Code, is amended to

14-14    read as follows:

14-15          Sec. 63.009.  Voter Without Certificate Who is Not on List.

14-16    (a)  Except as provided by Subsection (b), a [A] voter who does not

14-17    present a voter registration certificate when offering to vote, and

14-18    whose name is not on the list of registered voters for the precinct

14-19    in which the voter is offering to vote, shall be accepted for

14-20    voting if[:]

14-21                [(1)  an election officer can determine from the voter

14-22    registrar that the person is a registered voter of the county, and

14-23    the voter executes the affidavits required by Sections 63.007 and

14-24    63.008; or]

14-25                [(2)]  the voter presents proof of identification and

14-26    executes an affidavit in accordance with Section 63.010.

14-27          (b)  If an election officer can determine from the voter

 15-1    registrar that the person is a registered voter of the county, the

 15-2    affidavits required by Sections 63.007 and 63.008 are substituted

 15-3    for the affidavit required by Section 63.010 in complying with that

 15-4    section.  After the voter is accepted under this subsection

 15-5    [Subsection (a)(1)], an election officer shall also indicate beside

 15-6    the voter's name on the poll list that the voter was accepted under

 15-7    this section.

 15-8          SECTION 29.  Sections 63.010(d) and (e), Election Code, are

 15-9    amended to read as follows:

15-10          (d)  The presiding judge shall inform a voter of a challenge

15-11    and of the issues raised by the challenge.  The presiding judge

15-12    shall [may] request the [a] voter to present proof of

15-13    identification in a form described by Section 63.0101 and to

15-14    execute an affidavit that states the facts necessary to support the

15-15    voter's eligibility to vote.  On presentation of the required proof

15-16    of identification and affidavit, the presiding judge shall

15-17    determine the voter's identity.  If the voter fails to present the

15-18    required proof of identification, the presiding judge cannot verify

15-19    the voter's identity from the proof presented, or the voter refuses

15-20    to execute an affidavit, the voter may not be accepted for voting,

15-21    and an election officer shall indicate on the affidavit or, if

15-22    none, on a written statement containing the voter's name and any

15-23    known residence address, and, if applicable, on the list of

15-24    registered voters beside the voter's name that the voter was

15-25    rejected under this section.   After determining the voter's

15-26    identity, the presiding judge shall return the documentation of

15-27    proof to the voter[, if available.  A voter's failure to present

 16-1    proof of identification does not affect the voter's right to vote

 16-2    under this section].

 16-3          (e)  If a [the] challenged voter whose identity is verified

 16-4    executes an affidavit that states the facts necessary to support

 16-5    the voter's eligibility to vote, the voter shall be accepted, and

 16-6    "sworn" shall be entered on the poll list beside the voter's name.

 16-7    If the voter's [challenged voter does not execute an] affidavit

 16-8    does not state [that states] the facts necessary to support the

 16-9    voter's eligibility to vote, the voter may not be accepted for

16-10    voting, and an election officer ["rejected"] shall indicate on the

16-11    affidavit and, if applicable, [be entered] on the list of

16-12    registered voters beside the voter's name that the voter was

16-13    rejected under this section.

16-14          SECTION 30.  Chapter 63, Election Code, is amended by adding

16-15    Section 63.0101 to read as follows:

16-16          Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  The

16-17    following documentation is acceptable as proof of identification

16-18    under this chapter:

16-19                (1)  a driver's license or personal identification card

16-20    issued to the person by the Department of Public Safety or a

16-21    similar document issued to the person by an agency of another

16-22    state, regardless of whether the license or card has expired;

16-23                (2)  a form of identification containing the person's

16-24    photograph that establishes the person's identity;

16-25                (3)  a birth certificate or other document confirming

16-26    birth that is admissible in a court of law and establishes the

16-27    person's identity;

 17-1                (4)  United States citizenship papers issued to the

 17-2    person;

 17-3                (5)  a United States passport issued to the person;

 17-4                (6)  pre-printed checks containing the person's name

 17-5    that are issued for a financial institution doing business in this

 17-6    state;

 17-7                (7)  official mail addressed to the person by name from

 17-8    a governmental entity;

 17-9                (8)  two other forms of identification that establish

17-10    the person's identity; or

17-11                (9)  any other form of identification prescribed by the

17-12    secretary of state.

17-13          SECTION 31.  Section 67.003, Election Code, is amended to

17-14    read as follows:

17-15          Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing

17-16    authority shall convene to conduct the local canvass at the time

17-17    set by the canvassing authority's presiding officer:

17-18                (1)  on the seventh day after election day for the

17-19    general election for state and county officers; or

17-20                (2)  not earlier than the third [second] day or later

17-21    than the sixth day after election day for an election other than

17-22    the general election for state and county officers [at the time set

17-23    by the canvassing authority's presiding officer].

17-24          SECTION 32.  Section 67.004(c), Election Code, is amended to

17-25    read as follows:

17-26          (c)  The canvassing authority may prepare the tabulation as a

17-27    separate document or may enter the tabulation directly in the local

 18-1    election register maintained for the authority.  The authority

 18-2    shall attach or include as part of the tabulation the report of

 18-3    early voting votes by precinct [and by early voting polling place

 18-4    location] received under Section 87.1231.

 18-5          SECTION 33.  Sections 84.001(a) and (e), Election Code, are

 18-6    amended to read as follows:

 18-7          (a)  To be entitled to vote an early voting ballot by mail, a

 18-8    person who is eligible for early voting must make an application

 18-9    for an early voting ballot to be voted by mail as provided by this

18-10    title.

18-11          (e)  A person who has not made an application as provided by

18-12    this title is not entitled to receive an early voting ballot to be

18-13    voted by mail.

18-14          SECTION 34.  Section 85.031, Election Code, is amended to

18-15    read as follows:

18-16          Sec. 85.031.  ACCEPTING VOTER.  (a)  For each person [If an

18-17    applicant is] entitled to vote an early voting ballot by personal

18-18    appearance, the early voting clerk shall follow the procedure for

18-19    accepting a regular voter on election day, with the modifications

18-20    necessary for the conduct of early voting.

18-21          (b)  On accepting a voter [A signature roster is not required

18-22    to be maintained at an early voting polling place.]

18-23          [(c)  If an applicant does not enter the applicant's voter

18-24    registration number or county election precinct of residence on the

18-25    application, or enters an incorrect number or precinct, the clerk

18-26    shall enter the appropriate information on the application before

18-27    permitting the applicant to vote.]

 19-1          [(d)  If the applicant is accepted to vote], the clerk shall

 19-2    indicate beside the voter's [applicant's]  name on the list of

 19-3    registered voters or registration omissions list, as applicable,

 19-4    that the voter is [applicant was] accepted  to vote by personal

 19-5    appearance unless the form of either list makes it impracticable to

 19-6    do so, and the clerk shall enter the voter's [applicant's] name on

 19-7    the poll list.

 19-8          SECTION 35.  Section 85.062(b), Election Code, is amended to

 19-9    read as follows:

19-10          (b)  A polling place established under this section may be

19-11    located, subject to Subsection (d), at any place in the territory

19-12    served by the early voting clerk and may be located in any

19-13    stationary structure[, whether stationary or movable,] as directed

19-14    by the authority establishing the branch office.  The polling place

19-15    may be located in a movable structure in the general election for

19-16    state and county officers, general primary election, or runoff

19-17    primary election.  Ropes or other suitable objects may be used at

19-18    the polling place to ensure compliance with Section 62.004. Persons

19-19    who are not expressly permitted by law to be in a polling place

19-20    shall be excluded from the polling place to the extent practicable.

19-21          SECTION 36.  Section 85.064(b), Election Code, is amended to

19-22    read as follows:

19-23          (b)  Early voting by personal appearance at each temporary

19-24    branch polling place established under Section 85.062(d) shall be

19-25    conducted on the days [and for the same number of hours] that

19-26    voting is required to be conducted at the main early voting polling

19-27    place under Section 85.005.  The authority establishing the

 20-1    temporary branch polling place shall determine the hours during

 20-2    which the voting is to be conducted on those days.  The authority

 20-3    shall order voting to be conducted for the same number of hours

 20-4    that voting is required to be conducted on those days at the main

 20-5    early voting polling place under Section 85.005 on receipt of a

 20-6    written request for those hours submitted by at least 15 registered

 20-7    voters of the county.  The request must be submitted in time to

 20-8    enable compliance with Section 85.067.

 20-9          SECTION 37.  Section 85.069, Election Code, is amended to

20-10    read as follows:

20-11          Sec. 85.069.  ELECTION OFFICERS SERVING [OFFICER IN CHARGE

20-12    OF] BRANCH POLLING PLACE.  (a)  The early voting clerk shall

20-13    designate for each branch polling place a deputy early voting clerk

20-14    as the election officer in charge of the polling place.

20-15          (b)  The composition of the set of election officers serving

20-16    a branch polling place must provide representation for each

20-17    political party conducting a primary election in the county.

20-18          SECTION 38.  Section 86.007, Election Code, is amended by

20-19    amending Subsection (a) and adding Subsections (d), (e), (f), and

20-20    (g) to read as follows:

20-21          (a)  Except as provided by Subsection (d), a [A] marked

20-22    ballot voted by mail must arrive at the address on the carrier

20-23    envelope before the time the polls are required to close on

20-24    election day.

20-25          (d)  A marked ballot voted by mail that arrives after the

20-26    time prescribed by Subsection (a) shall be counted if:

20-27                (1)  the ballot was cast from an address outside the

 21-1    United States;

 21-2                (2)  the carrier envelope was placed for delivery

 21-3    before the time the ballot is required to arrive under Subsection

 21-4    (a); and

 21-5                (3)  the ballot arrives at the address on the carrier

 21-6    envelope not later than:

 21-7                      (A)  the fifth day after the date of the general

 21-8    election for state and county officers; or

 21-9                      (B)  the second day after the date of an election

21-10    other than the general election for state and county officers.

21-11          (e)  A delivery under Subsection (d)(2) is timely, except as

21-12    otherwise provided by this title, if the carrier envelope or, if

21-13    applicable, the envelope containing the carrier envelope:

21-14                (1)  is properly addressed with postage or handling

21-15    charges prepaid;

21-16                (2)  is sent from an address outside the United States;

21-17    and

21-18                (3)  bears a cancellation mark of a recognized postal

21-19    service or a receipt mark of a common or contract carrier or a

21-20    courier indicating a time before the deadline.

21-21          (f)  If the envelope does not bear the cancellation mark or

21-22    receipt mark as required by Subsection (e)(3), a delivery under

21-23    Subsection (d)(1) is presumed to be timely if the other

21-24    requirements under this section are met.  Section 1.006 does not

21-25    apply to Subsection (d)(3)(A).

21-26          (g)  The secretary of state shall prescribe procedures as

21-27    necessary to implement Subsection (d).

 22-1          SECTION 39.  Section 87.0241(b), Election Code, is amended to

 22-2    read as follows:

 22-3          (b)  The board may not count early voting ballots until:

 22-4                (1)  the polls open on election day; or

 22-5                (2)  in a county with a population of 100,000 or more,

 22-6    the end of the period for early voting by personal appearance.

 22-7          SECTION 40.  Section 87.1231, Election Code, is amended to

 22-8    read as follows:

 22-9          Sec. 87.1231.  EARLY VOTING VOTES REPORTED BY PRECINCT [AND

22-10    POLLING PLACE LOCATION].  (a)  Not later than the time of the local

22-11    canvass, the early voting clerk shall deliver to the local

22-12    canvassing authority a report of the total number of early voting

22-13    votes for each candidate or measure by election precinct [and by

22-14    early voting polling place location].  The report may reflect the

22-15    total for votes by mail and the total for votes by personal

22-16    appearance.

22-17          (b)  The early voting clerk may not report vote totals under

22-18    Subsection (a) for an election precinct in which fewer than five

22-19    votes are cast during the early voting period.

22-20          SECTION 41.  Subchapter G, Chapter 87, Election Code, is

22-21    amended by adding Section 87.125 to read as follows:

22-22          Sec. 87.125.  COUNTING OF CERTAIN LATE BALLOTS VOTED BY MAIL.

22-23    (a)  The early voting ballot board shall convene to count ballots

22-24    voted by mail described by Section 86.007(d) on:

22-25                (1)  the sixth day after the date of a general

22-26    election; or

22-27                (2)  the fifth day after the date of a primary or

 23-1    special election.

 23-2          (b)  On counting the ballots under Subsection (a), the early

 23-3    voting ballot board shall report the results to the local

 23-4    canvassing authority for the election.

 23-5          SECTION 42.  Section 101.003(b), Election Code, is amended to

 23-6    read as follows:

 23-7          (b)  In this chapter, "federal postcard application" means an

 23-8    application for a ballot to be voted under this chapter submitted

 23-9    on the official federal form prescribed under the federal Uniformed

23-10    and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff

23-11    et seq.) [Federal Voting Assistance Act of 1955].

23-12          SECTION 43.  Section 101.004, Election Code, is amended by

23-13    adding Subsections (e), (f), (g), (h), (i), and (j) to read as

23-14    follows:

23-15          (e)  An applicant who otherwise complies with applicable

23-16    requirements is entitled to receive a full ballot to be voted by

23-17    mail under this chapter if:

23-18                (1)  the applicant submits a federal postcard

23-19    application to the early voting clerk on or before the 30th day

23-20    before election day; and

23-21                (2)  the application contains the information that is

23-22    required for registration under Title 2.

23-23          (f)  The applicant is entitled to receive only a federal

23-24    ballot to be voted by mail under Chapter 114 if:

23-25                (1)  the applicant submits the federal postcard

23-26    application to the early voting clerk after the 30th day before

23-27    election day and before the sixth day before election day; and

 24-1                (2)  the application contains the information that is

 24-2    required for registration under Title 2.

 24-3          (g)  An applicant who submits a federal postcard application

 24-4    to the early voting clerk on or after the sixth day before election

 24-5    day is not entitled to receive a ballot by mail for that election.

 24-6          (h)  If the applicant submits the federal postcard

 24-7    application within the time prescribed by Subsection (f)(1) and is

 24-8    a registered voter at the address contained on the application, the

 24-9    applicant is entitled to receive a full ballot to be voted by mail

24-10    under this chapter.

24-11          (i)  For purposes of determining the date a federal postcard

24-12    application is submitted to the early voting clerk, an application

24-13    is considered to be submitted on the date it is placed and properly

24-14    addressed in the United States mail.  The date indicated by the

24-15    post office cancellation mark is considered to be the date the

24-16    application was placed in the mail unless proven otherwise.   For

24-17    purposes of an application made under Subsection (e):

24-18                (1)  an application that does not contain a

24-19    cancellation mark is considered to be timely if it is received by

24-20    the early voting clerk on or before the 22nd day before election

24-21    day; and

24-22                (2)  if the 30th day before the date of an election is

24-23    a Saturday, Sunday, or legal state or national holiday, an

24-24    application is considered to be timely if it is submitted to the

24-25    early voting clerk on or before the next regular business day.

24-26          (j)  If the early voting clerk determines that an application

24-27    that is submitted before the time prescribed by Subsection (e)(1)

 25-1    does not contain the information that is required for registration

 25-2    under Title 2, the clerk shall notify the applicant of that fact.

 25-3    If the applicant submits the missing information before the time

 25-4    prescribed by Subsection (e)(1), the applicant is entitled to

 25-5    receive a full ballot to be voted by mail under this chapter.  If

 25-6    the applicant submits the missing information after the time

 25-7    prescribed by Subsection (e)(1), the applicant is entitled to

 25-8    receive a full ballot to be voted by mail for the next election

 25-9    that occurs:

25-10                (1)  in the same calendar year; and

25-11                (2)  30 days after the date the information is

25-12    submitted.

25-13          SECTION 44.  Section 101.007(a), Election Code, is amended to

25-14    read as follows:

25-15          (a)  The balloting materials provided under this chapter

25-16    shall be airmailed to the voter free of United States postage, as

25-17    provided by the federal Uniformed and Overseas Citizens Absentee

25-18    Voting Act (42 U.S.C. Section 1973ff  et seq.) [Federal Voting

25-19    Assistance Act of 1955], in an envelope labeled "Official Election

25-20    Balloting Material - via Airmail."  The secretary of state shall

25-21    provide early voting clerks with instructions on compliance with

25-22    this subsection.

25-23          SECTION 45.  Subtitle B, Title 7, Election Code, is amended

25-24    by adding Chapter 105 to read as follows:

25-25                CHAPTER 105.  VOTING BY MILITARY PERSONNEL

25-26          Sec. 105.001.  ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.

25-27    (a)  The secretary of state shall prescribe procedures to allow a

 26-1    person who is casting an early voting ballot by mail to return the

 26-2    ballot by telephonic facsimile machine or similar electronic means

 26-3    if the person:

 26-4                (1)  is a member of the armed forces of the United

 26-5    States who is on active duty overseas, or the spouse or a dependent

 26-6    of the member; and

 26-7                (2)  is casting the ballot from an area:

 26-8                      (A)  in which members of the armed forces are

 26-9    eligible to receive hostile fire pay or imminent danger pay; or

26-10                      (B)  that has been designated by the president of

26-11    the United States as a combat zone.

26-12          (b)  The procedures must:

26-13                (1)  provide for verification of the voter;

26-14                (2)  provide for the security of the transmission; and

26-15                (3)  require the early voting clerk to maintain a

26-16    record of each ballot received under this section.

26-17          (c)  A ballot transmitted under this section or by mail may

26-18    not be counted if the ballot has previously been transmitted to the

26-19    early voting clerk by electronic means under this section.

26-20          Sec. 105.002.  STATE WRITE-IN BALLOT.  (a)  The secretary of

26-21    state shall prescribe procedures to allow a voter to apply for and

26-22    cast a state write-in ballot before the time a voter may receive a

26-23    regular ballot to be voted by mail if the voter:

26-24                (1)  is a member of the armed forces of the United

26-25    States or the spouse or a dependent of a member;

26-26                (2)  is unable to cast a ballot on election day or

26-27    during the regular period for early voting because of a military

 27-1    contingency; and

 27-2                (3)  makes an application on a federal postcard

 27-3    application that:

 27-4                      (A)  indicates that the person desires a state

 27-5    write-in ballot; and

 27-6                      (B)  contains the information that is required

 27-7    for registration under Title 2.

 27-8          (b)  An application for a ballot under this section may not

 27-9    be submitted earlier than the 180th day before election day.  If an

27-10    application under this section is received after the time that

27-11    regularly printed ballots become available, the early voting clerk

27-12    shall send the applicant a regularly printed ballot.

27-13          (c)  The secretary of state shall prescribe the form of the

27-14    ballot to allow a voter to cast a vote in each federal, state, or

27-15    local race in the election.  The ballot must allow a voter to write

27-16    in the name of a candidate or, if applicable, cast a straight-party

27-17    vote.

27-18          (d)  If a person casts a ballot under this section and under

27-19    Chapter 114, the early voting clerk shall examine both ballots to

27-20    determine the voter's intent.

27-21          SECTION 46.  Section 114.007(a), Election Code, is amended to

27-22    read as follows:

27-23          (a)  The balloting materials provided under this chapter

27-24    shall be airmailed to the voter free of United States postage, as

27-25    provided by the federal Uniformed and Overseas Citizens Absentee

27-26    Voting [Rights] Act (42 U.S.C. Section 1973ff  et seq.) [of 1975],

27-27    in an envelope labeled "Official Election Balloting Material--via

 28-1    Airmail."  The secretary of state shall provide early voting clerks

 28-2    with instructions on compliance with this subsection.

 28-3          SECTION 47.  Section 127.006(b), Election Code, is amended to

 28-4    read as follows:

 28-5          (b)  Except as otherwise provided by this section, the

 28-6    eligibility requirements prescribed by this code for precinct

 28-7    election clerks apply to clerks serving at a central counting

 28-8    station.  To be eligible to serve as a clerk under this section, a

 28-9    person must be a qualified voter of the county in which the central

28-10    counting station is located.  The general custodian of election

28-11    records, an employee of the custodian, or any other [An] employee

28-12    of a political  subdivision is not ineligible [eligible] to serve

28-13    as a clerk under this section because the person is a qualified

28-14    voter of a county other than the county in which the central

28-15    counting station is located or because of the custodian's status as

28-16    a candidate or officeholder.

28-17          SECTION 48.  Section 127.1231, Election Code, is amended to

28-18    read as follows:

28-19          Sec. 127.1231.  SECURITY OF AUTOMATIC TABULATING EQUIPMENT.

28-20    (a)  Except as provided by Subsection (b), the [The] general

28-21    custodian of election records shall ensure that any computer

28-22    terminals located outside the central counting station that are

28-23    capable of accessing the automatic tabulating equipment during the

28-24    tabulation are capable of inquiry functions only and shall ensure

28-25    that no modem access to the tabulating equipment is available

28-26    during the tabulation.

28-27          (b)  The secretary of state may prescribe procedures for the

 29-1    use of a system to allow results to be transmitted by a modem to

 29-2    the central counting station from units of automatic tabulating

 29-3    equipment located at a precinct polling place or at a regional

 29-4    tabulating center serving several precincts.  The system must

 29-5    provide for a secure transmission of data.  Results may not be

 29-6    transmitted under this subsection until the polls close on election

 29-7    day.

 29-8          SECTION 49.  Section 127.201, Election Code, is amended to

 29-9    read as follows:

29-10          Sec. 127.201.  PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM

29-11    BALLOTS BY GENERAL CUSTODIAN.  (a)  To ensure the accuracy of the

29-12    tabulation of electronic voting system results, the general

29-13    custodian of election records shall conduct a manual count of all

29-14    the races in at least one percent of the election precincts or in

29-15    three precincts, whichever is greater, in which the electronic

29-16    voting system was used.  The [Except as provided by Subsection (b),

29-17    the] custodian shall select the precincts at random and shall begin

29-18    the count not later than 72 hours after the polls close.  The count

29-19    shall be completed not later than the 21st day after election day.

29-20    Subsection (b) supersedes this subsection to the extent of a

29-21    conflict.

29-22          (b)  In a general election for state and county officers,

29-23    primary election, or election on a proposed amendment to the state

29-24    constitution or other statewide measure submitted by the

29-25    legislature, the secretary of state shall select, in accordance

29-26    with rules adopted by the secretary, the precincts to be counted

29-27    under Subsection (a).  The secretary shall designate not more than

 30-1    three offices and not more than three propositions to be counted in

 30-2    the selected precincts.  The secretary shall notify the general

 30-3    custodian of election records of the precincts, offices, and

 30-4    propositions selected under this subsection not earlier than the

 30-5    day after election day.

 30-6          (c)  On selection or notification, as applicable, of the

 30-7    precincts to be counted, the general custodian of election records

 30-8    shall post in the custodian's office a notice of the date, hour,

 30-9    and place of the count.

30-10          (d) [(c)]  Each candidate in the election is entitled to be

30-11    present at the count and is entitled to have a representative

30-12    present.  A representative must deliver a certificate of

30-13    appointment to the general custodian at the time the representative

30-14    reports for service.  The certificate must be in writing and must

30-15    include:

30-16                (1)  the printed name and signature of the

30-17    representative;

30-18                (2)  the election subject to the count; and

30-19                (3)  the printed name and signature of the candidate

30-20    making the appointment.

30-21          (e) [(d)]  Not later than the third day after the date the

30-22    count is completed, the general custodian of election records shall

30-23    deliver a written report of the results of the count to the

30-24    secretary of state.

30-25          (f) [(e)]  The secretary of state at any time may waive or

30-26    reinstate the requirements of this section for a particular

30-27    political subdivision.

 31-1          SECTION 50.  Title 8, Election Code, is amended by adding

 31-2    Chapter 128 to read as follows:

 31-3                 CHAPTER 128.  COMPUTERIZED VOTING SYSTEMS

 31-4          Sec. 128.001.  COMPUTERIZED VOTING SYSTEM STANDARDS.

 31-5    (a)  The secretary of state shall prescribe procedures to allow for

 31-6    the use of a computerized voting system.  The procedures must

 31-7    provide for the use of a computerized voting system with:

 31-8                (1)  multiple voting terminals for the input of vote

 31-9    selections on the ballot presented by a main computer; and

31-10                (2)  a main computer to coordinate ballot presentation,

31-11    vote selection, ballot image storage, and result tabulation.

31-12          (b)  Notwithstanding Chapter 66, a system under this section

31-13    may allow for the storage of processed ballot materials in an

31-14    electronic form on the main computer.

31-15          (c)  The secretary of state may modify existing procedures as

31-16    necessary to allow the use of a system authorized by this chapter.

31-17          SECTION 51.  Sections 141.032(c) and (d), Election Code, are

31-18    amended to read as follows:

31-19          (c)  If an application is accompanied by a petition, the

31-20    petition is considered part of the application, and the review

31-21    shall be completed as soon as practicable after the date the

31-22    application is received by the authority.  However, the petition is

31-23    not considered part of the application for purposes of determining

31-24    compliance with the requirements applicable to each document, and a

31-25    deficiency in the requirements for one document may not be remedied

31-26    by the contents of the other document.

31-27          (d)  A determination under this section that an application

 32-1    complies with the applicable requirements does not preclude a

 32-2    subsequent determination that the application does not comply,

 32-3    subject to Section 141.034.

 32-4          SECTION 52.  Section 141.063, Election Code, is amended to

 32-5    read as follows:

 32-6          Sec. 141.063.  VALIDITY OF SIGNATURE.  (a)  A signature on a

 32-7    petition is valid if:

 32-8                (1)  except as otherwise provided by this code, the

 32-9    signer, at the time of signing, is a registered voter of the

32-10    territory from which the office sought is elected or has been

32-11    issued a registration certificate for a registration that will

32-12    become effective in that territory on or before the date of the

32-13    applicable election;

32-14                (2)  the petition includes the following information

32-15    with respect to each signer:

32-16                      (A)  the signer's residence address;

32-17                      (B)  the signer's date of birth and the signer's

32-18    voter registration number and, if the territory from which

32-19    signatures must be obtained is situated in more than one county,

32-20    the county of registration;

32-21                      (C)  the date of signing; and

32-22                      (D)  the signer's printed name;

32-23                (3)  the part of the petition in which the signature

32-24    appears contains the affidavit required by Section 141.065;

32-25                (4)  each statement that is required by this code to

32-26    appear on each page of the petition appears, at the time of

32-27    signing, on the page on which the signature is entered; and

 33-1                (5)  any other applicable requirements prescribed by

 33-2    this code for a signature's validity are complied with.

 33-3          (b)  The signature is the only information that is required

 33-4    to appear on the petition in the signer's own handwriting.

 33-5          (c)  The use of ditto marks or abbreviations does not

 33-6    invalidate a signature if the required information is reasonably

 33-7    ascertainable.

 33-8          (d)  The omission of the state from the signer's residence

 33-9    address does not invalidate a signature unless the political

33-10    subdivision from which the signature is obtained is situated in

33-11    more than one state.  The omission of the zip code from the address

33-12    does not invalidate a signature.

33-13          SECTION 53.  Section 141.069, Election Code, is amended to

33-14    read as follows:

33-15          Sec. 141.069.  VERIFYING SIGNATURES BY STATISTICAL SAMPLE.

33-16    If signatures on a petition that is required to contain more than

33-17    1,000 signatures are to be verified by the authority with whom the

33-18    candidate's application is required to be filed, the authority may

33-19    use as the basis for the verification any reasonable statistical

33-20    sampling method that ensures an accuracy rate of at least 95

33-21    percent [as the basis for the verification.  However, the sample

33-22    may not be less than 25 percent of the total number of signatures

33-23    appearing on the petition or 1,000, whichever is less].

33-24          SECTION 54.  Chapter 142, Election Code, is amended by adding

33-25    Section 142.0021 to read as follows:

33-26          Sec. 142.0021.  FILING DECLARATIONS OF INTENT FOR MORE THAN

33-27    ONE OFFICE PROHIBITED.  (a)  A candidate may not file declarations

 34-1    of intent for two or more offices that:

 34-2                (1)  are not permitted by law to be held by the same

 34-3    person; and

 34-4                (2)  are to be voted on at one or more elections held

 34-5    on the same day.

 34-6          (b)  If a person files more than one declaration of intent in

 34-7    violation of this section, each declaration filed subsequent to the

 34-8    first one filed is invalid.

 34-9          SECTION 55.  Section 142.010(c), Election Code, is amended to

34-10    read as follows:

34-11          (c)  A candidate's name may not be certified:

34-12                (1)  if, before delivering the certification, the

34-13    certifying authority learns that the name is to be omitted from the

34-14    ballot under Section 145.064; or

34-15                (2)  for an office for which the candidate's

34-16    declaration or application is invalid under Section 142.0021 or

34-17    141.033, as applicable.

34-18          SECTION 56.  Section 146.054, Election Code, is amended to

34-19    read as follows:

34-20          Sec. 146.054.  FILING DEADLINE.  A declaration of write-in

34-21    candidacy must be filed not later than 5 p.m. of the fifth day

34-22    after the date an application for a place on the ballot is required

34-23    to be filed [45th day before election day.  However, if a candidate

34-24    whose name is to appear on the ballot dies or is declared

34-25    ineligible after the 48th day before election day, a declaration of

34-26    write-in candidacy for the office sought by the deceased or

34-27    ineligible candidate may be filed not later than 5 p.m. of the 42nd

 35-1    day before election day].

 35-2          SECTION 57.  Section 161.006, Election Code, is amended to

 35-3    read as follows:

 35-4          Sec. 161.006.  Holding [Primary or] Precinct Convention of

 35-5    More Than One Party in Same Building.  A political party may not

 35-6    [hold a primary election in the same building in which another

 35-7    party is holding a primary election on the same day or] hold a

 35-8    precinct convention in the same building in which another party is

 35-9    holding a precinct convention on the same day unless:

35-10                (1)  the rooms in which the [primary elections or]

35-11    conventions are held are separated so that communication from one

35-12    room to the other is precluded; and

35-13                (2)  a sign in bold print identifying the party holding

35-14    the [primary election or] convention is posted at the entrance to

35-15    each room.

35-16          SECTION 58.  Section 162.008(a), Election Code, is amended to

35-17    read as follows:

35-18          (a)  This section applies only to a person desiring to

35-19    affiliate with a political party during  that part of a voting year

35-20    in which the general election for state and county officers is held

35-21    that follows:

35-22                (1)  the date of the precinct conventions held under

35-23    this title, for a party nominating by convention; or

35-24                (2)  7 p.m. on general primary election day, for a

35-25    party holding a primary election.

35-26          SECTION 59.  Section 171.022, Election Code, is amended by

35-27    amending Subsection (b) and adding Subsection (d) to read as

 36-1    follows:

 36-2          (b)  Except as provided by Subsection (d), if [If] no

 36-3    candidate receives a majority of the votes, a runoff to determine

 36-4    the office is conducted in the same manner as a runoff primary

 36-5    election to determine a nomination for public office.  The

 36-6    candidates to be in a runoff are determined in the same manner as

 36-7    candidates in a runoff for a nomination.

 36-8          (d)  The state executive committee by rule may provide for

 36-9    the election of the county chair or precinct chairs of a particular

36-10    county by plurality vote.

36-11          SECTION 60.  Section 171.024, Election Code, is amended by

36-12    amending Subsections (b), (c), and (d) and adding Subsection (e) to

36-13    read as follows:

36-14          (b)  Except as provided by Subsection (c), a [A] majority of

36-15    the committee's membership must participate in filling a vacancy.

36-16    To be elected, a person must receive a favorable vote of a majority

36-17    of the members voting.

36-18          (c)  A vacancy in the office of precinct chair may be filled

36-19    without participation of the majority of the committee membership

36-20    if only one person is a candidate to fill the vacancy and the

36-21    person:

36-22                (1)  was elected as a precinct chair in the most recent

36-23    primary election in the county; and

36-24                (2)  is eligible to serve in the vacant office.

36-25          (d)  A vacancy may not be filled before the beginning of the

36-26    term of  office in which the vacancy occurs.

36-27          (e) [(d)]  After a vacancy is filled, the county chair

 37-1    [chairman] shall promptly deliver written notice of the replacement

 37-2    member's name and address to the state chair [chairman] and to the

 37-3    county clerk.

 37-4          SECTION 61.  Section 172.1111, Election Code, is amended to

 37-5    read as follows:

 37-6          Sec. 172.1111.  POSTING NOTICE OF PRECINCT CONVENTION

 37-7    REQUIRED.  (a)  Before the opening of the polls, the presiding

 37-8    judge shall post at each outside door through which a voter may

 37-9    enter the building in which the polling place is located a written

37-10    notice in bold print of the date, hour, and place for convening the

37-11    precinct convention.

37-12          (b)  The judge is not required to use an officially

37-13    prescribed form for the notice.

37-14          (c)  The notice must remain posted continuously through

37-15    election day.

37-16          SECTION 62.  Subchapter E, Chapter 172, Election Code, is

37-17    amended by adding Section 172.126 to read as follows:

37-18          Sec. 172.126.  JOINT PRIMARIES AUTHORIZED.  (a)  The primary

37-19    elections in a county may be conducted jointly at the regular

37-20    polling places designated for the general election for state and

37-21    county officers.  The county clerk shall supervise the overall

37-22    conduct of the  joint primary elections.  This section applies to

37-23    the conduct of joint primary elections notwithstanding and in

37-24    addition to other applicable provisions of this code.  The decision

37-25    to conduct a joint primary election must be made by majority vote

37-26    of the full membership of the commissioners court and with the

37-27    unanimous approval of the county clerk and the county chair of each

 38-1    political party required to nominate candidates by primary

 38-2    election.

 38-3          (b)  The county clerk shall determine whether to consolidate

 38-4    election precincts under Section 42.009 and shall designate the

 38-5    location of the polling place in a consolidated precinct.  To the

 38-6    extent possible, a polling place shall be designated that will

 38-7    accommodate the precinct conventions of each political party.  If a

 38-8    polling place, whether for a regular or consolidated precinct, is

 38-9    not suitable for more than one precinct convention, the polling

38-10    place may be used by the party whose candidate for governor

38-11    received the most votes in the county in the most recent

38-12    gubernatorial general election.

38-13          (c)  One set of election officers shall conduct the primary

38-14    elections at each polling place.  Not later than the second Monday

38-15    in December preceding the primary elections, each county chair

38-16    shall deliver to the county clerk a list of the names of the

38-17    election judges and clerks for that party.  The presiding judge of

38-18    each party, or alternate judge if applicable, serves as a co-judge

38-19    for the precinct.  The county clerk shall appoint the election

38-20    clerks in accordance with rules prescribed by the secretary of

38-21    state.  The secretary of state shall prescribe the maximum number

38-22    of clerks that may be appointed for each precinct.  The early

38-23    voting ballot board and any central counting station shall also be

38-24    composed of and administered by one set of election officers that

38-25    provides representation for each party, and the secretary of state

38-26    by rule shall prescribe procedures consistent with this subsection

38-27    for the appointment of those officers.

 39-1          (d)  Each co-judge has the law enforcement duties and powers

 39-2    provided under Section 32.075.  Each co-judge has the exclusive

 39-3    authority to conduct challenges on  the eligibility of voters,

 39-4    tabulate the votes, and deliver the election returns in the primary

 39-5    of the party with which that judge is affiliated or aligned.

 39-6          (e)  A written certification of the candidates' names that

 39-7    are to appear on the primary ballot shall be delivered to the

 39-8    county clerk in accordance with rules prescribed by the secretary

 39-9    of state.

39-10          (f)  The county clerk shall determine the ballot format and

39-11    voting system for each election precinct and shall procure the

39-12    election equipment and supplies.

39-13          (g)  A separate set of ballot boxes or other suitable

39-14    containers approved by the secretary of state shall be used for

39-15    each party's primary, except that one set of ballot boxes or other

39-16    containers may be used in a joint primary using an electronic

39-17    voting system in which the ballots are deposited by the voters

39-18    directly into a unit of automatic tabulating equipment.  The lists

39-19    of registered voters and the voters' registration certificates

39-20    shall be marked and stamped to show the appropriate party

39-21    affiliation for each voter.  A separate list of registered voters

39-22    shall be used for each party's primary.  The secretary of state by

39-23    rule shall prescribe requirements to ensure that one party's ballot

39-24    is readily distinguished from another's, which may include the use

39-25    of different colors of ink.

39-26          (h)  Separate election returns shall be prepared for each

39-27    party's primary and shall be canvassed as provided by this code.

 40-1          (i)  The secretary of state by rule shall prescribe the

 40-2    procedures necessary to implement this section to ensure the

 40-3    orderly and proper administration of joint primary elections.

 40-4          SECTION 63.  Subchapter A, Chapter 173, Election Code, is

 40-5    amended by adding Section 173.011 to read as follows:

 40-6          Sec. 173.011.  FINANCING OF JOINT PRIMARY ELECTIONS

 40-7    GENERALLY.  (a)  This section applies to the financing of joint

 40-8    primary elections notwithstanding and in addition to other

 40-9    applicable provisions of this code.

40-10          (b)  Any surplus remaining in a county primary fund shall be

40-11    remitted to the county clerk immediately after the final payment

40-12    from the fund of the necessary expenses for holding the primary

40-13    elections for that year, but not later than July 1 following the

40-14    applicable primary election.  The surplus in the primary fund shall

40-15    be remitted regardless of whether state funds were requested by the

40-16    chair.  Any surplus primary funds received by the county clerk

40-17    under this subsection may be used only for paying the remaining

40-18    expenses of the joint primary election.

40-19          (c)  The secretary of state shall adopt rules, consistent

40-20    with this chapter to the extent practicable, that are necessary for

40-21    the fair and efficient financing of joint primary elections.

40-22          SECTION 64.  Section 181.006(k), Election Code, is amended to

40-23    read as follows:

40-24          (k)  The secretary of state shall post a notice of the

40-25    receipt of a petition on the bulletin board used for posting notice

40-26    of meetings of state governmental bodies.  Any person may challenge

40-27    the validity of the petition by filing a written statement of the

 41-1    challenge with the secretary of state not later than the fifth day

 41-2    after the date notice is posted.  The [If a petition that complies

 41-3    with the other applicable requirements appears on its face to

 41-4    contain a sufficient number of valid signatures, the] secretary of

 41-5    state may [not] verify the petition signatures regardless of

 41-6    whether [unless] the petition is timely challenged.

 41-7          SECTION 65.  Section 212.005, Election Code, is amended by

 41-8    amending Subsection (c) and adding Subsection (d) to read as

 41-9    follows:

41-10          (c)  Except as provided by Subsection (d), if [If] more than

41-11    one petition or application is approved, the recount requested by

41-12    each person shall be conducted at the same time.

41-13          (d)  If different counting methods are chosen under Section

41-14    214.042(a) among multiple requests for a recount of electronic

41-15    voting system results, only one method may be used in the recount.

41-16    A manual recount shall be conducted in preference to an electronic

41-17    recount and an electronic recount using a corrected program shall

41-18    be conducted in preference to an electronic recount using the same

41-19    program as the original count.

41-20          SECTION 66.  Section 212.0241, Election Code, is amended to

41-21    read as follows:

41-22          Sec. 212.0241.  No Ground Required for Electronic Voting

41-23    System Recount.  (a)  A ground for obtaining an initial recount as

41-24    prescribed by this subchapter is not required to obtain an initial

41-25    recount of electronic voting system results, subject to Subsection

41-26    (b).

41-27          (b)  A candidate for nomination or election to an office may

 42-1    obtain an initial recount of electronic voting system results in an

 42-2    election in which the person was a candidate only if the candidate

 42-3    is shown by the election returns not to be nominated or elected.

 42-4          (c)  The secretary of state shall prescribe any procedures

 42-5    necessary to accommodate the authorization to obtain a recount of

 42-6    electronic voting system results without a specific ground.

 42-7          (d)  This section does not affect the scope of a recount as

 42-8    governed by Subchapter F.

 42-9          SECTION 67.  Sections 212.081, 212.083, and 212.085, Election

42-10    Code, are amended to read as follows:

42-11          Sec. 212.081.  Applicability of Subchapter.  This subchapter

42-12    applies to a recount in an election on an office in which:

42-13                (1)  a majority vote is required for nomination or

42-14    election; and

42-15                (2)  votes were cast for more than two candidates[; and]

42-16                [(3)  a regularly scheduled runoff for another office

42-17    that was voted on at the same election, or at an election held

42-18    jointly with the election for which a recount is desired, is to be

42-19    held in any part of the territory covered by the election on the

42-20    office for which a recount is desired].

42-21          Sec. 212.083.  Deadline for Submitting Petition.  The

42-22    [(a)  If the date for the regularly scheduled runoff may not be

42-23    earlier than the 25th day after the date of the election in which

42-24    the recount is desired, the] deadline for submitting a recount

42-25    petition under this subchapter is the later of:

42-26                (1)  2 p.m. of the third day after election day; or

42-27                (2)  2 p.m. of the first day after the date of the

 43-1    local canvass.

 43-2          [(b)  If the date for the regularly scheduled runoff may be

 43-3    earlier than the 25th day after the date of the election, the

 43-4    deadline for submitting the petition is 2 p.m. of the second day

 43-5    after election day.]

 43-6          Sec. 212.085.  Deadline for Amending Petition.  [(a)]  The

 43-7    deadline for amending a petition under this subchapter [governed by

 43-8    Section 212.083(a)] is:

 43-9                (1)  10 a.m. of the day after the date notice of defect

43-10    is received, if received at or after 12 midnight and before 12

43-11    noon; or

43-12                (2)  4 p.m. of the day after the date notice of defect

43-13    is received, if received at or after 12 noon and before 12

43-14    midnight.

43-15          [(b)  The deadline for amending a petition governed by

43-16    Section 212.083(b) is:]

43-17                [(1)  4 p.m. of the day notice of defect is received,

43-18    if received at or after 12 midnight and before 10 a.m.;]

43-19                [(2)  10 a.m. of the day after the date notice of

43-20    defect is received, if received at or after 10 a.m. and before 5

43-21    p.m.; or]

43-22                [(3)  2 p.m. of the day after the date notice of defect

43-23    is received, if received at or after 5 p.m. and before 12

43-24    midnight.]

43-25          SECTION 68.  Section 212.113, Election Code, is amended to

43-26    read as follows:

43-27          Sec. 212.113.  Return of Deposit.  (a)  On rejection of a

 44-1    recount document, the recount coordinator shall return the recount

 44-2    deposit to the person who submitted the document.

 44-3          (b)  On the timely withdrawal of a recount document, the

 44-4    recount coordinator shall return to the person who submitted the

 44-5    document the recount deposit less any necessary expenditures made

 44-6    toward the conduct of the recount before the request for withdrawal

 44-7    was received.

 44-8          (c)  The recount coordinator shall return to each person

 44-9    requesting a recount whose chosen counting method is not used under

44-10    Section 212.005(d) the recount deposit less any necessary

44-11    expenditures made toward the conduct of the recount before the

44-12    other counting method was determined to be the preferential method.

44-13          SECTION 69.  Section 232.008, Election Code, is amended by

44-14    adding Subsection (d) to read as follows:

44-15          (d)  A contestant must deliver a copy of the petition to the

44-16    secretary of state by the same deadline prescribed for the filing

44-17    of the petition.

44-18          SECTION 70.  Section 233.006, Election Code, is amended by

44-19    adding Subsection (c) to read as follows:

44-20          (c)  The contestant must deliver a copy of the petition to

44-21    the secretary of state by the same deadline prescribed for the

44-22    filing of the petition.

44-23          SECTION 71.  Section 255.007, Election Code, is amended to

44-24    read as follows:

44-25          Sec. 255.007.  NOTICE REQUIREMENT ON POLITICAL ADVERTISING

44-26    SIGNS.  (a)  The following notice must be written on each political

44-27    advertising sign:

 45-1          "NOTICE:  IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND

 45-2    393, TRANSPORTATION CODE) (([ARTICLE 2372cc, VERNON'S TEXAS CIVIL

 45-3    STATUTES, AND ARTICLE 6674v-7, REVISED STATUTES)], TO PLACE THIS

 45-4    SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY."

 45-5          (b)  A person commits an offense if the person:

 45-6                (1)  knowingly enters into a contract to print or make

 45-7    a political advertising sign that does not contain the notice

 45-8    required by Subsection (a); or

 45-9                (2)  instructs another person to place a political

45-10    advertising sign that does not contain the notice required by

45-11    Subsection (a).

45-12          (c)  An offense under this section is a Class C misdemeanor.

45-13          (d)  It is an exception to the application of Subsection (b)

45-14    that the political advertising sign was printed or made before

45-15    September 1, 1997, and complied with Subsection (a) as it existed

45-16    immediately before that date.

45-17          (e)  In this section, "political advertising sign" means a

45-18    written form of political advertising designed to be seen from a

45-19    road but does not include a bumper sticker.

45-20          SECTION 72.  Chapter 271, Election Code, is amended by adding

45-21    Section 271.0071 to read as follows:

45-22          Sec. 271.0071.  MULTIPLE METHODS OF VOTING ALLOWED.  The

45-23    restrictions on multiple methods of voting at the same polling

45-24    place or in early voting prescribed by Sections 123.005-123.007 do

45-25    not apply to a joint election as if the joint election were a

45-26    single election but rather apply independently to the election of

45-27    each participating political subdivision in the joint election.

 46-1          SECTION 73.  Sections 277.002(a) and (d), Election Code, are

 46-2    amended to read as follows:

 46-3          (a)  For a petition signature to be valid, a petition must:

 46-4                (1)  contain in addition to the signature:

 46-5                      (A)  the signer's printed name;

 46-6                      (B)  the signer's date of birth and the signer's

 46-7    voter registration number and, if the territory from which

 46-8    signatures must be obtained is situated in more than one county,

 46-9    the county of registration;

46-10                      (C)  the signer's residence address; and

46-11                      (D)  the date of signing; and

46-12                (2)  comply with any other applicable requirements

46-13    prescribed by law.

46-14          (d)  The omission of the state from the signer's residence

46-15    address does not invalidate a signature unless the political

46-16    subdivision from which the signature is obtained is situated in

46-17    more than one state.  The omission of the zip code from the address

46-18    does not invalidate a signature.

46-19          SECTION 74.  Section 11.056(b), Education Code, is amended to

46-20    read as follows:

46-21          (b)  A declaration of write-in candidacy must be filed not

46-22    later than 5 p.m. of the fifth day after the date an application

46-23    for a place on the ballot is required to be filed [30th day before

46-24    the date of the  election.  However, if a candidate whose name is

46-25    to appear on the ballot dies or is declared ineligible after the

46-26    33rd day before the date of the election, a declaration of write-in

46-27    candidacy for the office sought by the deceased or ineligible

 47-1    candidate may be filed not later than 5 p.m. of the 27th day before

 47-2    the date of the election].

 47-3          SECTION 75.  Subchapter C, Chapter 49, Water Code, is amended

 47-4    by adding Section 49.072 to read as follows:

 47-5          Sec. 49.072.  DIRECTOR'S CANDIDACY FOR OTHER OFFICE:

 47-6    INELIGIBILITY.  (a)  A person serving as director of a district who

 47-7    becomes a candidate for another office is no longer qualified to

 47-8    serve as director.

 47-9          (b)  In this section, "candidate" has the meaning assigned by

47-10    Section 251.001, Election Code.

47-11          SECTION 76.  Section 9.004(b), Local Government Code, is

47-12    amended to read as follows:

47-13          (b)  The ordinance ordering the election shall provide for

47-14    the election to be held on the first authorized uniform election

47-15    date prescribed by the Election Code or on the earlier of the date

47-16    of the next municipal general election or presidential general

47-17    election. The election date must allow [that allows] sufficient

47-18    time to comply with other requirements of law and must occur [that

47-19    occurs] on or after the 30th day after the date the ordinance is

47-20    adopted.

47-21          SECTION 77.  Section 84.006, Election Code, is repealed.

47-22          SECTION 78.  Not later than January 15, 1999, the secretary

47-23    of state shall file a report with the lieutenant governor and the

47-24    speaker of the house of representatives on the costs of elections

47-25    held by political subdivisions of this state on dates other than

47-26    the uniform election dates prescribed by Section 41.001, Election

47-27    Code.

 48-1          SECTION 79.  This Act takes effect September 1, 1997.

 48-2          SECTION 80.  The importance of this legislation and the

 48-3    crowded condition of the calendars in both houses create an

 48-4    emergency and an imperative public necessity that the

 48-5    constitutional rule requiring bills to be read on three several

 48-6    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. 331 was passed by the House on May 1,

         1997, by a non-record vote; and that the House concurred in Senate

         amendments to H.B. No. 331 on May 28, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 331 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor