By Madden H.B. No. 306
76R618 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain practices and procedures involving polling
1-3 places used for an election; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 43, Election Code, is amended by adding
1-6 Subchapter C to read as follows:
1-7 SUBCHAPTER C. INFORMATION REGARDING LOCATION OF POLLING PLACE
1-8 Sec. 43.061. NOTICE AT PREVIOUS POLLING PLACE. If the
1-9 location of the polling place for an election precinct is different
1-10 from the location used for the precinct in the preceding election
1-11 ordered by the same authority, the authority responsible for giving
1-12 notice of the election shall, if possible, post notice at the
1-13 entrance to the previous polling place stating that the location
1-14 has changed and providing the location of the new polling place.
1-15 Sec. 43.062. USE OF COMPUTERIZED INFORMATION. In an
1-16 election in which detailed poll location information is available
1-17 at a polling place through a computer, an election officer shall
1-18 provide that information to assist voters in determining the
1-19 correct polling place location for the voter's election precinct.
1-20 SECTION 2. Section 62.001, Election Code, is amended to read
1-21 as follows:
1-22 Sec. 62.001. OFFICERS TO ASSEMBLE. (a) On election day,
1-23 the presiding judge and the election clerks the judge assigns to
1-24 assist with preparing the polling place shall meet at the polling
2-1 place in time to prepare it to receive the voters.
2-2 (b) If the polling place is left unattended at any time
2-3 after the preparations for voting begin, the presiding judge shall
2-4 take appropriate steps to provide for the security of the polling
2-5 place.
2-6 SECTION 3. Chapter 63, Election Code, is amended by adding
2-7 Section 63.011 to read as follows:
2-8 Sec. 63.011. WRITTEN COMMUNICATIONS PROHIBITED. (a) During
2-9 the voting period, a voter may not have in the voter's actual
2-10 possession at the polling place or in the area within which
2-11 electioneering is prohibited a written communication that:
2-12 (1) was prepared and furnished to the voter by another
2-13 person; and
2-14 (2) is marked or printed in a way that identifies one
2-15 or more candidates or measures for which the voter has agreed to
2-16 vote or has been requested to vote.
2-17 (b) A sample ballot that has not been marked or printed in a
2-18 way that identifies candidates or measures for which to vote, that
2-19 is obtained by the voter from a newspaper or another person, and
2-20 that is marked by the voter is one example of a written
2-21 communication that is not prohibited under Subsection (a).
2-22 (c) An election officer may not accept a voter for voting if
2-23 the officer knows that the voter has actual possession of a
2-24 communication prohibited by Subsection (a) at the time the voter
2-25 offers to vote.
2-26 (d) If a voter has a prohibited communication, the voter may
2-27 not receive an official ballot until the voter delivers the
3-1 communication to the election officer.
3-2 (e) A person commits an offense if the person violates
3-3 Subsection (a). An offense under this subsection is a Class C
3-4 misdemeanor.
3-5 SECTION 4. Section 104.001, Election Code, is amended to
3-6 read as follows:
3-7 Sec. 104.001. ELIGIBILITY. A qualified voter in whose
3-8 precinct polling place voting is conducted by voting machine or
3-9 voting device is eligible to vote by the early voting procedure
3-10 provided by this chapter if:
3-11 (1) the voter has a sickness or physical condition
3-12 that prevents the voter from voting in the regular manner without
3-13 personal assistance or a likelihood of injuring the voter's health;
3-14 and
3-15 (2) the machine or device cannot be used by the voter
3-16 at the polling place entrance or curb under Section 64.009.
3-17 SECTION 5. This Act takes effect September 1, 1999.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.