76R13448 E
By Brown of Kaufman, Madden H.B. No. 738
Substitute the following for H.B. No. 738:
By Madden C.S.H.B. No. 738
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the scope of and deposit for certain election recounts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 212, Election Code, is
1-5 amended by adding Section 212.007 to read as follows:
1-6 Sec. 212.007. PROHIBITED USES OF RECOUNT. A person may not
1-7 request a recount limited to certain precincts in an election:
1-8 (1) to harass or discriminate against a racial or
1-9 ethnic group; or
1-10 (2) for the sole purpose of discovering facts for a
1-11 legal challenge to the election.
1-12 SECTION 2. Section 212.112, Election Code, is amended by
1-13 amending Subsection (a) and adding Subsection (e) to read as
1-14 follows:
1-15 (a) Subject to Subsections [Subsection] (d) and (e), the
1-16 amount of the recount deposit is determined by the number of
1-17 precincts for which a recount is requested in the document that the
1-18 deposit accompanies, in accordance with the following schedule:
1-19 (1) five times the maximum hourly rate of pay for
1-20 election judges, for a precinct in which:
1-21 (A) regular paper ballots were used;
1-22 (B) electronic voting system ballots, other than
1-23 punch-card ballots, are to be recounted manually; or
1-24 (C) both write-in votes and voting system votes
2-1 are to be recounted;
2-2 (2) 10 times the maximum hourly rate of pay for
2-3 election judges, for a precinct in which punch-card ballots are to
2-4 be recounted manually;
2-5 (3) three times the maximum hourly rate of pay for
2-6 election judges, for a precinct in which ballots are to be
2-7 recounted by automatic tabulating equipment and no write-in votes
2-8 are to be recounted; and
2-9 (4) two times the maximum hourly rate of pay for
2-10 election judges, for a precinct in which:
2-11 (A) voting machines were used and no write-in
2-12 votes are to be recounted; or
2-13 (B) only the write-in votes cast in connection
2-14 with a voting system are to be recounted.
2-15 (e) The amount of the deposit for an initial recount under
2-16 Section 212.131(a) that is limited to certain precincts is
2-17 determined based on the total number of election precincts in the
2-18 election.
2-19 SECTION 3. Section 212.113, Election Code, is amended by
2-20 adding Subsection (d) to read as follows:
2-21 (d) If an initial recount under Section 212.131(a) that is
2-22 limited to certain precincts does not involve a change in the total
2-23 number of votes received for a particular candidate or for or
2-24 against a measure in the requested precincts, the recount
2-25 coordinator shall refund to a person requesting a recount an amount
2-26 equal to the difference between:
2-27 (1) the amount of the deposit made under Section
3-1 212.112(e); and
3-2 (2) an amount determined by multiplying the number of
3-3 precincts recounted by the rate for the counting method used under
3-4 Section 212.112(a).
3-5 SECTION 4. Section 212.131, Election Code, is amended by
3-6 amending Subsection (a) and adding Subsection (e) to read as
3-7 follows:
3-8 (a) Except as provided by Subsection (d) or (e), an initial
3-9 recount in an election for which there is no canvass at the state
3-10 level must include each election precinct in the election unless
3-11 the recount petition requests that the recount be limited to
3-12 certain precincts.
3-13 (e) A recount that is limited to certain precincts requested
3-14 in the recount petition must include each precinct in the election
3-15 if, after the recount in the requested precincts, the total number
3-16 of votes received for a particular candidate or for or against a
3-17 measure in the requested precincts changes from the original count
3-18 for those precincts. Additionally, if a recount under this section
3-19 involves a change in the total number of votes received for a
3-20 particular candidate or for or against a measure in the requested
3-21 precincts, the entire election should be recounted.
3-22 SECTION 5. This Act takes effect September 1, 1999.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.