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