By:  Patterson                                        S.B. No. 1090

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the appointment and duties of signature verification

 1-2     committees and early voting ballot boards for the purposes of early

 1-3     voting.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 87.002, Election Code, is amended by

 1-6     amending Subsection (b) and adding Subsections (c) and (d) to read

 1-7     as follows:

 1-8           (b)  Except as provided by Subsection (d), the [The]

 1-9     presiding judge is appointed in the same manner as a presiding

1-10     election judge.  Except as provided by Subsection (c), the [The]

1-11     other members are appointed by the presiding judge in the same

1-12     manner as the precinct election clerks.

1-13           (c)  In the general election for state and county officers,

1-14     each county chair of a political party with nominees on the general

1-15     election ballot shall submit to the county election board a list of

1-16     names of persons eligible to serve on the early voting ballot

1-17     board.  The county election board shall appoint at least one person

1-18     from each list to serve as a member of the early voting ballot

1-19     board.  The same number of members must be appointed from each

1-20     list.

1-21           (d)  In addition to the members appointed under Subsection

1-22     (c), the county election board shall appoint the presiding judge

1-23     from the list provided under that subsection by the political party

 2-1     whose nominee for governor received the most votes in the county in

 2-2     the most recent gubernatorial general election.

 2-3           SECTION 2.  Subsections (a), (i), and (j), Section 87.027,

 2-4     Election Code, are amended to read as follows:

 2-5           (a)  A signature verification committee may be appointed in

 2-6     any election.  The early voting clerk is the authority responsible

 2-7     for determining whether a signature verification committee is to be

 2-8     appointed.  If the clerk determines that a committee is to be

 2-9     appointed, the clerk shall issue a written order calling for the

2-10     appointment.  Section 87.0271 supersedes this section to the extent

2-11     of a conflict.

2-12           (i)  The signature verification committee shall compare the

2-13     signature on each carrier envelope certificate, except those signed

2-14     for a voter by a witness, with the signature on the voter's ballot

2-15     application to determine whether the signatures are those of the

2-16     same person.  A determination that the signatures do not match must

2-17     be made by a majority vote of the committee's membership.  The

2-18     committee shall place the jacket envelopes, carrier envelopes, and

2-19     applications of voters whose signatures do not match in separate

2-20     containers from those of voters whose signatures match.  The

2-21     committee chair [chairman] shall deliver the sorted materials to

2-22     the early voting ballot board at the time specified by the board's

2-23     presiding judge but within the period permitted for the early

2-24     voting clerk's delivery of early voting ballots to the board.

2-25           (j)  If a signature verification committee is appointed, the

 3-1     early voting ballot board shall follow the same procedure for

 3-2     accepting the early voting ballots voted by mail as in an election

 3-3     without a signature verification committee, except that the board

 3-4     may not determine whether a voter's signatures on the carrier

 3-5     envelope certificate and ballot application match if the committee

 3-6     has determined that the signatures match.  If the committee has

 3-7     determined that the signatures do not match, the board may make a

 3-8     determination that the signatures match by a majority vote of the

 3-9     board's membership.

3-10           SECTION 3.  Subchapter B, Chapter 87, Election Code, is

3-11     amended by adding Section 87.0271 to read as follows:

3-12           Sec. 87.0271.  COMMITTEE REQUIREMENTS SPECIFIC TO GENERAL

3-13     ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  A signature

3-14     verification committee shall be appointed in the general election

3-15     for state and county officers on receipt by the early voting clerk

3-16     of a written request for the committee submitted by at least 15

3-17     registered voters of the county.   Except as provided by this

3-18     section, Section 87.027 applies to the committee.

3-19           (b)  If a signature verification committee is appointed under

3-20     this section, each county chair of a political party with nominees

3-21     on the general election ballot shall submit to the county election

3-22     board a list of names of persons eligible to serve on the

3-23     committee.  The county election board shall appoint at least two

3-24     persons from each list to serve as members of the committee.  The

3-25     same number of members must be appointed from each list.

 4-1           (c)  In addition to the members appointed under Subsection

 4-2     (b), the county election board shall appoint the chair of the

 4-3     committee from the list provided under that subsection by the

 4-4     political party whose nominee for governor received the most votes

 4-5     in the county in the most recent gubernatorial general election.

 4-6           SECTION 4.  This Act takes effect September 1, 1997.

 4-7           SECTION 5.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended.