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.