By Danburg H.B. No. 331
75R1821 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.002(a), Election Code, is amended to
1-5 read as follows:
1-6 (a) The secretary of state shall prescribe the design and
1-7 content, consistent with this code, of the forms necessary for the
1-8 administration of this code. The design and content must enhance
1-9 the ability of a person to understand the applicable requirements
1-10 and to physically furnish the required information in the space
1-11 provided.
1-12 SECTION 2. Section 31.100(d), Election Code, is amended to
1-13 read as follows:
1-14 (d) The county election officer may not be personally
1-15 compensated for election services performed under an election
1-16 services contract. A fee charged by the officer for general
1-17 supervision of the election may not exceed 10 [five] percent of the
1-18 total amount of the contract, but may not be less than $75.
1-19 SECTION 3. Sections 32.002(c) and (d), Election Code, are
1-20 amended to read as follows:
1-21 (c) The presiding judge and alternate presiding judge must
1-22 be affiliated or aligned with different political parties, subject
1-23 to this subsection. Before July of each year, the county chair of
1-24 a political party whose candidate for governor received the highest
2-1 or second highest number of votes in the county in the most recent
2-2 gubernatorial general election shall submit in writing to the
2-3 commissioners court the name of a person for each precinct who is
2-4 eligible for appointment as an election judge. The commissioners
2-5 court shall appoint the person whose name is submitted in
2-6 compliance with this subsection by the party with the highest
2-7 number of votes in the precinct as the presiding judge and the
2-8 person whose name is submitted in compliance with this subsection
2-9 by the party with the second highest number of votes in the
2-10 precinct as the alternate presiding judge. If a name is not
2-11 submitted in compliance with this subsection, the commissioners
2-12 court shall appoint an eligible person who is affiliated or aligned
2-13 with the appropriate party, if available.
2-14 (d) The commissioners court shall fill a vacancy in the
2-15 position of election judge for the remainder of the unexpired term.
2-16 An appointment to fill a vacancy may be made at any regular or
2-17 special term of court. Not later than the 30th day after the date
2-18 the vacancy occurs, the county chair of the same political party
2-19 with which the original judge was affiliated or aligned shall
2-20 submit to the commissioners court in writing the name of a person
2-21 who is eligible for the appointment. If a name is submitted in
2-22 compliance with this subsection, the commissioners court shall
2-23 appoint that person to the unexpired term. If a name is not
2-24 submitted in compliance with this subsection, the commissioners
2-25 court shall appoint an eligible person who is affiliated or aligned
2-26 with the same party, if available. [(d) The county clerk shall
2-27 recommend a presiding judge and an alternate judge for each
3-1 precinct and shall submit a list of the recommendations to the
3-2 commissioners court. The clerk shall also recommend an appointee
3-3 for each unexpired term. The court shall consider the clerk's
3-4 recommendation before making an appointment.]
3-5 SECTION 4. Section 32.007, Election Code, is amended by
3-6 amending Subsections (a) and (b) and adding Subsection (f) to read
3-7 as follows:
3-8 (a) If neither the presiding judge nor the alternate
3-9 presiding judge can serve in an election and their inability to
3-10 serve is discovered so late that it is impracticable to fill the
3-11 vacancy in the normal manner, the presiding officer of the
3-12 appointing authority or the authority if a single officer shall
3-13 appoint a replacement judge to preside at the election, subject to
3-14 Subsection (f). If the appointing authority is unavailable, the
3-15 authority responsible for distributing the supplies for the
3-16 election shall appoint the replacement judge.
3-17 (b) If a person authorized to act as presiding judge is not
3-18 present at the polling place at the time for opening the polls, on
3-19 receiving information of the absence, the authority authorized to
3-20 appoint a replacement under Subsection (a) shall investigate the
3-21 absence and appoint a replacement judge, subject to Subsection (f),
3-22 unless the authority learns that a previously appointed judge will
3-23 immediately report for duty.
3-24 (f) A person who is appointed as a replacement for a judge
3-25 originally appointed under Section 32.002 must be affiliated or
3-26 aligned with the same political party as was the original judge, if
3-27 possible.
4-1 SECTION 5. Section 32.091, Election Code, is amended to read
4-2 as follows:
4-3 Sec. 32.091. COMPENSATION FOR SERVICES AT POLLING PLACE.
4-4 (a) An election judge or clerk is entitled to compensation for
4-5 services rendered at a precinct polling place at an hourly rate not
4-6 to exceed $6. A judge or clerk may be compensated at that rate for
4-7 services rendered under Section 62.014(c).
4-8 (b) A judge or clerk may not be paid for more than one hour
4-9 of work before the polls open, except for payment made for work
4-10 under Section 62.014(c). In a precinct in which voting machines
4-11 are used, a judge or clerk may not be paid for more than two hours
4-12 of work after the time for closing the polls or after the last
4-13 voter has voted, whichever is later.
4-14 SECTION 6. Section 32.094(a), Election Code, is amended to
4-15 read as follows:
4-16 (a) After each election, each presiding judge serving in the
4-17 election shall prepare and sign, in duplicate, a statement
4-18 containing the following information:
4-19 (1) the name and address of the presiding judge and
4-20 each clerk who served under the judge [him];
4-21 (2) the number of hours that each election officer
4-22 worked at the polling place or at another location under Section
4-23 62.014(c), excluding time for which payment may not be made; and
4-24 (3) the name of the election officer who delivered the
4-25 election records, keys, and unused supplies, and, if more than one
4-26 officer, the name of and the amount of compensation allocated to
4-27 each officer.
5-1 SECTION 7. Section 33.002(a), Election Code, is amended to
5-2 read as follows:
5-3 (a) Watchers may be appointed by each candidate whose name
5-4 appears on the ballot or the list of declared write-in candidates
5-5 in an election for:
5-6 (1) a public office other than the office of
5-7 vice-president of the United States; or
5-8 (2) an office of a political party.
5-9 SECTION 8. Section 33.004(a), Election Code, is amended to
5-10 read as follows:
5-11 (a) A group of registered voters may appoint watchers on
5-12 behalf of a write-in candidate in an election in which a
5-13 declaration of write-in candidacy is not required to be filed.
5-14 SECTION 9. Sections 33.006(b) and (c), Election Code, are
5-15 amended to read as follows:
5-16 (b) A certificate of appointment must:
5-17 (1) be in writing and signed by the appointing
5-18 authority or, for an appointment for a write-in candidate under
5-19 Section 33.004, by each of the voters making the appointment;
5-20 (2) indicate the capacity in which the appointing
5-21 authority is acting;
5-22 (3) state the name, residence address, and voter
5-23 registration number of the appointee and be signed by the
5-24 appointee;
5-25 (4) identify the election and the precinct polling
5-26 place or other location at which the appointee is to serve;
5-27 (5) in an election on a measure, identify the measure
6-1 if more than one is to be voted on and state which side of the
6-2 measure the appointee represents; and
6-3 (6) contain an affidavit executed by the appointee
6-4 stating that the appointee will not have possession of any
6-5 mechanical or electronic means of recording images or sound while
6-6 serving as a watcher.
6-7 (c) In addition to complying with Subsection (b), a
6-8 certificate issued to a watcher appointed for a write-in candidate
6-9 under Section 33.004 must:
6-10 (1) include the residence address and voter
6-11 registration number of eligible signers in the required number;
6-12 (2) include the signed statement of the candidate, or
6-13 a person who would be authorized to make appointments on the
6-14 candidate's behalf if the candidate's name appeared on the ballot,
6-15 that the appointment is made with the signer's consent; and
6-16 (3) state the residence or office address of the
6-17 signer under Subdivision (2) and the capacity in which the signer
6-18 [he] signs, if the statement is not signed by the candidate.
6-19 SECTION 10. Section 34.001(c), Election Code, is amended to
6-20 read as follows:
6-21 (c) A request under Subsection (b) must be received by the
6-22 secretary of state not later than the fourth regular business day
6-23 before the date of the election for which the inspectors are
6-24 requested. The request is not available for public inspection
6-25 until the day after election day.
6-26 SECTION 11. Section 52.061(a), Election Code, is amended to
6-27 read as follows:
7-1 (a) The ballot shall be printed in black ink on white or
7-2 light-colored paper, but the ballot may not be the same color as
7-3 sample ballots.
7-4 SECTION 12. Section 62.014, Election Code, is amended by
7-5 adding Subsection (c) to read as follows:
7-6 (c) An election officer may make the changes to the list of
7-7 registered voters required by this section at a location other than
7-8 the polling place before it is opened for voting.
7-9 SECTION 13. Section 67.004(c), Election Code, is amended to
7-10 read as follows:
7-11 (c) The canvassing authority may prepare the tabulation as a
7-12 separate document or may enter the tabulation directly in the local
7-13 election register maintained for the authority. The authority
7-14 shall attach or include as part of the tabulation the report of
7-15 early voting votes by precinct [and by early voting polling place
7-16 location] received under Section 87.1231.
7-17 SECTION 14. Section 87.1231, Election Code, is amended to
7-18 read as follows:
7-19 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT [AND
7-20 POLLING PLACE LOCATION]. Not later than the time of the local
7-21 canvass, the early voting clerk shall deliver to the local
7-22 canvassing authority a report of the total number of early voting
7-23 votes for each candidate or measure by election precinct [and by
7-24 early voting polling place location]. The report may reflect the
7-25 total for votes by mail and the total for votes by personal
7-26 appearance.
7-27 SECTION 15. Section 127.201, Election Code, is amended to
8-1 read as follows:
8-2 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
8-3 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
8-4 tabulation of electronic voting system results, the general
8-5 custodian of election records shall conduct a manual count of all
8-6 the races in at least one percent of the election precincts or in
8-7 three precincts, whichever is greater, in which the electronic
8-8 voting system was used. The [Except as provided by Subsection (b),
8-9 the] custodian shall select the precincts at random and shall begin
8-10 the count not later than 72 hours after the polls close. The count
8-11 shall be completed not later than the 21st day after election day.
8-12 Subsection (b) supersedes this subsection to the extent of a
8-13 conflict.
8-14 (b) In a general election for state and county officers,
8-15 primary election, or election on a proposed amendment to the state
8-16 constitution or other statewide measure submitted by the
8-17 legislature, the secretary of state shall select, in accordance
8-18 with rules adopted by the secretary, the precincts to be counted
8-19 under Subsection (a). The secretary shall designate not more than
8-20 three offices and not more than three propositions to be counted in
8-21 the selected precincts. The secretary shall notify the general
8-22 custodian of election records of the precincts, offices, and
8-23 propositions selected under this subsection not earlier than the
8-24 day after election day.
8-25 (c) On selection or notification, as applicable, of the
8-26 precincts to be counted, the general custodian of election records
8-27 shall post in the custodian's office a notice of the date, hour,
9-1 and place of the count.
9-2 (d) [(c)] Each candidate in the election is entitled to be
9-3 present at the count and is entitled to have a representative
9-4 present. A representative must deliver a certificate of
9-5 appointment to the general custodian at the time the representative
9-6 reports for service. The certificate must be in writing and must
9-7 include:
9-8 (1) the printed name and signature of the
9-9 representative;
9-10 (2) the election subject to the count; and
9-11 (3) the printed name and signature of the candidate
9-12 making the appointment.
9-13 (e) [(d)] Not later than the third day after the date the
9-14 count is completed, the general custodian of election records shall
9-15 deliver a written report of the results of the count to the
9-16 secretary of state.
9-17 (f) [(e)] The secretary of state at any time may waive or
9-18 reinstate the requirements of this section for a particular
9-19 political subdivision.
9-20 SECTION 16. Sections 141.032(c) and (d), Election Code, are
9-21 amended to read as follows:
9-22 (c) If an application is accompanied by a petition, the
9-23 petition is considered part of the application, and the review
9-24 shall be completed as soon as practicable after the date the
9-25 application is received by the authority. However, the petition is
9-26 not considered part of the application for purposes of determining
9-27 compliance with the requirements applicable to each document, and a
10-1 deficiency in the requirements for one document may not be remedied
10-2 by the contents of the other document.
10-3 (d) A determination under this section that an application
10-4 complies with the applicable requirements does not preclude a
10-5 subsequent determination that the application does not comply,
10-6 subject to Section 141.034.
10-7 SECTION 17. Section 141.063, Election Code, is amended to
10-8 read as follows:
10-9 Sec. 141.063. VALIDITY OF SIGNATURE. (a) A signature on a
10-10 petition is valid if:
10-11 (1) except as otherwise provided by this code, the
10-12 signer, at the time of signing, is a registered voter of the
10-13 territory from which the office sought is elected or has been
10-14 issued a registration certificate for a registration that will
10-15 become effective in that territory on or before the date of the
10-16 applicable election;
10-17 (2) the petition includes the following information
10-18 with respect to each signer:
10-19 (A) the signer's residence address;
10-20 (B) the signer's voter registration number and,
10-21 if the territory from which signatures must be obtained is situated
10-22 in more than one county, the county of registration;
10-23 (C) the date of signing; and
10-24 (D) the signer's printed name;
10-25 (3) the part of the petition in which the signature
10-26 appears contains the affidavit required by Section 141.065;
10-27 (4) each statement that is required by this code to
11-1 appear on each page of the petition appears, at the time of
11-2 signing, on the page on which the signature is entered; and
11-3 (5) any other applicable requirements prescribed by
11-4 this code for a signature's validity are complied with.
11-5 (b) The signature is the only information that is required
11-6 to appear on the petition in the signer's own handwriting.
11-7 (c) The use of ditto marks or abbreviations does not
11-8 invalidate a signature if the required information is reasonably
11-9 ascertainable.
11-10 (d) The omission of the state from the signer's residence
11-11 address does not invalidate a signature unless the political
11-12 subdivision from which the signature is obtained is situated in
11-13 more than one state. The omission of the zip code from the address
11-14 does not invalidate a signature.
11-15 SECTION 18. Chapter 142, Election Code, is amended by adding
11-16 Section 142.0021 to read as follows:
11-17 Sec. 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN
11-18 ONE OFFICE PROHIBITED. (a) A candidate may not file declarations
11-19 of intent for two or more offices that:
11-20 (1) are not permitted by law to be held by the same
11-21 person; and
11-22 (2) are to be voted on at one or more elections held
11-23 on the same day.
11-24 (b) If a person files more than one declaration of intent in
11-25 violation of this section, each declaration filed subsequent to the
11-26 first one filed is invalid.
11-27 SECTION 19. Section 142.010(c), Election Code, is amended to
12-1 read as follows:
12-2 (c) A candidate's name may not be certified:
12-3 (1) if, before delivering the certification, the
12-4 certifying authority learns that the name is to be omitted from the
12-5 ballot under Section 145.064; or
12-6 (2) for an office for which the candidate's
12-7 declaration or application is invalid under Section 142.0021 or
12-8 141.033, as applicable.
12-9 SECTION 20. Section 162.008(a), Election Code, is amended to
12-10 read as follows:
12-11 (a) This section applies only to a person desiring to
12-12 affiliate with a political party during that part of a voting year
12-13 in which the general election for state and county officers is held
12-14 that follows:
12-15 (1) the date of the precinct conventions held under
12-16 this title, for a party nominating by convention; or
12-17 (2) 7 p.m. on general primary election day, for a
12-18 party holding a primary election.
12-19 SECTION 21. Section 171.022, Election Code, is amended by
12-20 amending Subsection (b) and adding Subsection (d) to read as
12-21 follows:
12-22 (b) Except as provided by Subsection (d), if [If] no
12-23 candidate receives a majority of the votes, a runoff to determine
12-24 the office is conducted in the same manner as a runoff primary
12-25 election to determine a nomination for public office. The
12-26 candidates to be in a runoff are determined in the same manner as
12-27 candidates in a runoff for a nomination.
13-1 (d) The state executive committee by rule may provide for
13-2 the election of the county chair or precinct chairs of a particular
13-3 county by plurality vote.
13-4 SECTION 22. Subchapter B, Chapter 171, Election Code, is
13-5 amended by adding Section 171.0221 to read as follows:
13-6 Sec. 171.0221. ACCEPTANCE OF OFFICE BY WRITE-IN CANDIDATE.
13-7 (a) Not later than the third day after the date the local canvass
13-8 is completed, the county executive committee shall deliver by
13-9 registered or certified mail, return receipt requested, to a
13-10 write-in candidate who receives the vote required for election to
13-11 the office of county or precinct chair a written notice of that
13-12 fact.
13-13 (b) To be entitled to assume the office of county or
13-14 precinct chair, a write-in candidate who receives the vote required
13-15 for election must file a written declaration of acceptance of the
13-16 office with the county executive committee not later than the third
13-17 day after the date of receipt of the notice under Subsection (a).
13-18 SECTION 23. Section 212.005, Election Code, is amended by
13-19 amending Subsection (c) and adding Subsection (d) to read as
13-20 follows:
13-21 (c) Except as provided by Subsection (d), if [If] more than
13-22 one petition or application is approved, the recount requested by
13-23 each person shall be conducted at the same time.
13-24 (d) If different counting methods are chosen under Section
13-25 214.042(a) among multiple requests for a recount of electronic
13-26 voting system results, only one method may be used in the recount.
13-27 A manual recount shall be conducted in preference to an electronic
14-1 recount and an electronic recount using a corrected program shall
14-2 be conducted in preference to an electronic recount using the same
14-3 program as the original count.
14-4 SECTION 24. Section 212.0241, Election Code, is amended to
14-5 read as follows:
14-6 Sec. 212.0241. No Ground Required for Electronic Voting
14-7 System Recount. (a) A ground for obtaining an initial recount as
14-8 prescribed by this subchapter is not required to obtain an initial
14-9 recount of electronic voting system results, subject to Subsection
14-10 (b).
14-11 (b) A candidate for nomination or election to an office may
14-12 obtain an initial recount of electronic voting system results in an
14-13 election in which the person was a candidate only if the candidate
14-14 is shown by the election returns not to be nominated or elected.
14-15 (c) The secretary of state shall prescribe any procedures
14-16 necessary to accommodate the authorization to obtain a recount of
14-17 electronic voting system results without a specific ground.
14-18 (d) This section does not affect the scope of a recount as
14-19 governed by Subchapter F.
14-20 SECTION 25. Sections 212.081, 212.083, and 212.085, Election
14-21 Code, are amended to read as follows:
14-22 Sec. 212.081. Applicability of Subchapter. This subchapter
14-23 applies to a recount in an election on an office in which:
14-24 (1) a majority vote is required for nomination or
14-25 election; and
14-26 (2) votes were cast for more than two candidates[; and]
14-27 [(3) a regularly scheduled runoff for another office
15-1 that was voted on at the same election, or at an election held
15-2 jointly with the election for which a recount is desired, is to be
15-3 held in any part of the territory covered by the election on the
15-4 office for which a recount is desired].
15-5 Sec. 212.083. Deadline for Submitting Petition. The
15-6 [(a) If the date for the regularly scheduled runoff may not be
15-7 earlier than the 25th day after the date of the election in which
15-8 the recount is desired, the] deadline for submitting a recount
15-9 petition under this subchapter is the later of:
15-10 (1) 2 p.m. of the third day after election day; or
15-11 (2) 2 p.m. of the first day after the date of the
15-12 local canvass.
15-13 [(b) If the date for the regularly scheduled runoff may be
15-14 earlier than the 25th day after the date of the election, the
15-15 deadline for submitting the petition is 2 p.m. of the second day
15-16 after election day.]
15-17 Sec. 212.085. Deadline for Amending Petition. [(a)] The
15-18 deadline for amending a petition under this subchapter [governed by
15-19 Section 212.083(a)] is:
15-20 (1) 10 a.m. of the day after the date notice of defect
15-21 is received, if received at or after 12 midnight and before 12
15-22 noon; or
15-23 (2) 4 p.m. of the day after the date notice of defect
15-24 is received, if received at or after 12 noon and before 12
15-25 midnight.
15-26 [(b) The deadline for amending a petition governed by
15-27 Section 212.083(b) is:]
16-1 [(1) 4 p.m. of the day notice of defect is received,
16-2 if received at or after 12 midnight and before 10 a.m.;]
16-3 [(2) 10 a.m. of the day after the date notice of
16-4 defect is received, if received at or after 10 a.m. and before 5
16-5 p.m.; or]
16-6 [(3) 2 p.m. of the day after the date notice of defect
16-7 is received, if received at or after 5 p.m. and before 12
16-8 midnight.]
16-9 SECTION 26. Section 212.113, Election Code, is amended to
16-10 read as follows:
16-11 Sec. 212.113. Return of Deposit. (a) On rejection of a
16-12 recount document, the recount coordinator shall return the recount
16-13 deposit to the person who submitted the document.
16-14 (b) On the timely withdrawal of a recount document, the
16-15 recount coordinator shall return to the person who submitted the
16-16 document the recount deposit less any necessary expenditures made
16-17 toward the conduct of the recount before the request for withdrawal
16-18 was received.
16-19 (c) The recount coordinator shall return to each person
16-20 requesting a recount whose chosen counting method is not used under
16-21 Section 212.005(d) the recount deposit less any necessary
16-22 expenditures made toward the conduct of the recount before the
16-23 other counting method was determined to be the preferential method.
16-24 SECTION 27. Section 232.008, Election Code, is amended by
16-25 adding Subsection (d) to read as follows:
16-26 (d) A contestant must deliver a copy of the petition to the
16-27 secretary of state by the same deadline prescribed for the filing
17-1 of the petition.
17-2 SECTION 28. Section 233.006, Election Code, is amended by
17-3 adding Subsection (c) to read as follows:
17-4 (c) The contestant must deliver a copy of the petition to
17-5 the secretary of state by the same deadline prescribed for the
17-6 filing of the petition.
17-7 SECTION 29. Chapter 271, Election Code, is amended by adding
17-8 Section 271.0071 to read as follows:
17-9 Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
17-10 restrictions on multiple methods of voting at the same polling
17-11 place or in early voting prescribed by Sections 123.005-123.007 do
17-12 not apply to a joint election as if the joint election were a
17-13 single election but rather apply independently to the election of
17-14 each participating political subdivision in the joint election.
17-15 SECTION 30. Section 277.002(d), Election Code, is amended to
17-16 read as follows:
17-17 (d) The omission of the state from the signer's residence
17-18 address does not invalidate a signature unless the political
17-19 subdivision from which the signature is obtained is situated in
17-20 more than one state. The omission of the zip code from the address
17-21 does not invalidate a signature.
17-22 SECTION 31. This Act takes effect September 1, 1997.
17-23 SECTION 32. The importance of this legislation and the
17-24 crowded condition of the calendars in both houses create an
17-25 emergency and an imperative public necessity that the
17-26 constitutional rule requiring bills to be read on three several
17-27 days in each house be suspended, and this rule is hereby suspended.