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.