By Danburg H.B. No. 2519
76R8853 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures; providing a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.002, Election Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) For purposes of determining which political party's
1-8 candidate for governor received the highest and second highest
1-9 number of votes in a precinct, the secretary of state shall
1-10 prescribe procedures to allow for the allocation of votes received
1-11 in a gubernatorial general election to a precinct that did not
1-12 exist or that had different boundaries in that election.
1-13 SECTION 2. Section 32.033, Election Code, is amended to read
1-14 as follows:
1-15 Sec. 32.033. NUMBER OF CLERKS. (a) The presiding judge
1-16 [authority that appoints the election judges] shall appoint
1-17 [prescribe the maximum number of] clerks in the number the judge
1-18 considers necessary for the proper conduct of the [that each
1-19 presiding judge may appoint for each] election. [The authority may
1-20 prescribe different maximums for different types of elections.]
1-21 (b) For an election other than an election ordered by the
1-22 governor or a county authority in which the regular county election
1-23 precincts are required to be used [Except as provided by
1-24 Subsection (c)], the presiding judge shall appoint at least two
2-1 clerks for each precinct in each election [and may appoint as many
2-2 additional clerks, within the prescribed limit, as are necessary
2-3 for the proper conduct of the election.]
2-4 [(c) In each election ordered by the governor or a county
2-5 authority in which the regular county election precincts are
2-6 required to be used, the presiding judge shall appoint clerks for
2-7 each precinct in the number, within the prescribed limit, the judge
2-8 considers necessary for the proper conduct of the election].
2-9 SECTION 3. Section 33.031, Election Code, is amended to read
2-10 as follows:
2-11 Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except
2-12 as provided by Subsection (b), to [To] be eligible to serve as a
2-13 watcher, a person must be a qualified voter.
2-14 (b) To be eligible to serve as a watcher in[:]
2-15 [(1) of the county in which the person is to serve, in
2-16 an election ordered by the governor or a county authority or in a
2-17 primary election;]
2-18 [(2) of the part of the county in which the election
2-19 is held, in an election ordered by the governor or a county
2-20 authority that does not cover the entire county of the person's
2-21 residence; and]
2-22 [(3) of the political subdivision, in] an election
2-23 ordered by an authority of a political subdivision other than a
2-24 county, a person must be a qualified voter of the political
2-25 subdivision.
2-26 (c) [(b)] The Alcoholic Beverage Code supersedes this
2-27 section to the extent of any conflict.
3-1 SECTION 4. Section 33.052, Election Code, is amended to read
3-2 as follows:
3-3 Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE.
3-4 [(a)] A watcher at a precinct polling place may begin service at
3-5 any time after the presiding judge arrives at the polling place on
3-6 election day and may remain at the polling place until the
3-7 presiding judge and the clerks complete their duties there. The
3-8 watcher may serve during the hours the watcher chooses [A watcher
3-9 may not be accepted for service unless the watcher is present at
3-10 the time the polls are opened for voting.]
3-11 [(b) A watcher may not leave the polling place during the
3-12 time the polls are open unless the presiding judge gives the
3-13 watcher permission to be absent for a meal or other necessary
3-14 activity. If the presiding judge permits the clerks to leave the
3-15 polling place temporarily during the time the polls are open, the
3-16 judge must grant the same privilege to watchers.]
3-17 [(c) A watcher who votes at another polling place in the
3-18 same election or in another election held on the same day must be
3-19 permitted to leave the polling place for the purpose of voting
3-20 during the first two hours after the polls open if the watcher has
3-21 not already voted in the election.]
3-22 [(d) If a watcher leaves the polling place without
3-23 permission before the time for closing the polls, the presiding
3-24 judge may refuse to readmit the watcher.]
3-25 [(e) A watcher may leave the polling place after the time
3-26 for closing the polls without obtaining permission, and the
3-27 presiding judge shall readmit the watcher on request].
4-1 SECTION 5. Section 42.006(d), Election Code, is amended to
4-2 read as follows:
4-3 (d) In a county in which a voting system has been adopted
4-4 for use in the general election for state and county officers, the
4-5 maximum number of registered voters a precinct may contain is[:]
4-6 [(1) 3,000, in a county with a population of 250,000
4-7 or more;]
4-8 [(2) 4,000, in a county with a population of 175,000
4-9 or more but less than 250,000; and]
4-10 [(3)] 5,000[, in a county with a population of less
4-11 than 175,000].
4-12 SECTION 6. Subchapter B, Chapter 43, Election Code, is
4-13 amended by adding Section 43.035 to read as follows:
4-14 Sec. 43.035. INCONSISTENT USE OF BUILDING USED FOR POLLING
4-15 PLACE PROHIBITED. (a) The entity that owns or controls a public
4-16 building used for a polling place may not use the building on
4-17 election day in a manner that is inconsistent or interferes with
4-18 the use of the building for a polling place.
4-19 (b) If a polling place is not located in a public building,
4-20 the agreement to use the building for a polling place shall specify
4-21 that the building may not be used on election day in a manner that
4-22 is inconsistent or interferes with the use of the building for a
4-23 polling place.
4-24 SECTION 7. Section 127.061, Election Code, is amended to
4-25 read as follows:
4-26 Sec. 127.061. [AUTHORITY TO USE] SEALED BALLOT BOXES
4-27 REQUIRED. The [As an alternative to the procedure of Subchapter B,
5-1 the] authority adopting the voting system shall [may] provide by
5-2 resolution, order, or other official action for the use of sealed
5-3 ballot boxes in accordance with this subchapter.
5-4 SECTION 8. Section 127.066, Election Code, is amended by
5-5 adding Subsection (d) to read as follows:
5-6 (d) The manager of the central counting station shall set a
5-7 time by which each ballot box must be delivered to the central
5-8 counting station. In setting the time, the manager shall consider
5-9 the distance of a polling place from the central counting station,
5-10 weather and traffic conditions on election day, and any other
5-11 factors relevant to the amount of time necessary to deliver a box
5-12 from a polling place to the central counting station.
5-13 SECTION 9. Subchapter B, Chapter 141, Election Code, is
5-14 amended by adding Section 141.0311 to read as follows:
5-15 Sec. 141.0311. TELEPHONIC FACSIMILE MACHINE FILING
5-16 PROHIBITED. An application for a place on the ballot may not be
5-17 filed by telephonic facsimile machine.
5-18 SECTION 10. Section 145.003(b), Election Code, is amended to
5-19 read as follows:
5-20 (b) A candidate in the general election for state and county
5-21 officers may be declared ineligible:
5-22 (1) before the 30th day preceding election day by:
5-23 (A) [(1)] the party officer responsible for
5-24 certifying the candidate's name for placement on the general
5-25 election ballot, in the case of a candidate who is a political
5-26 party's nominee; or
5-27 (B) [(2)] the authority with whom the
6-1 candidate's application for a place on the ballot is required to be
6-2 filed, in the case of an independent candidate; or
6-3 (2) after the 65th day and before the 54th day
6-4 preceding election day by the secretary of state.
6-5 SECTION 11. Section 145.039, Election Code, is amended to
6-6 read as follows:
6-7 Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
6-8 APPEAR ON GENERAL ELECTION BALLOT. (a) Except as provided by
6-9 Subsection (b), if [If] a candidate dies or is declared ineligible
6-10 after the 65th day before election day, the candidate's name shall
6-11 be placed on the ballot.
6-12 (b) If a candidate is declared ineligible under Section
6-13 145.003(b)(2), the candidate's name shall be omitted from the
6-14 ballot.
6-15 SECTION 12. Section 145.065, Election Code, is amended to
6-16 read as follows:
6-17 Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
6-18 APPEAR ON GENERAL ELECTION BALLOT. (a) Except as provided by
6-19 Subsection (b), if [If] a candidate dies or is declared ineligible
6-20 after the 65th day before election day, the candidate's name shall
6-21 be placed on the ballot.
6-22 (b) If a candidate is declared ineligible under Section
6-23 145.003(b)(2), the candidate's name shall be omitted from the
6-24 ballot.
6-25 SECTION 13. Sections 146.0301(a) and (d), Election Code, are
6-26 amended to read as follows:
6-27 (a) A write-in candidate may not withdraw from the election
7-1 after the 60th [46th] day before election day.
7-2 (d) A candidate's name shall be omitted from the list of
7-3 write-in candidates if the candidate withdraws on or before the
7-4 60th [46th] day before election day.
7-5 SECTION 14. Section 162.006, Election Code, is amended to
7-6 read as follows:
7-7 Sec. 162.006. AFFILIATION BY TAKING OATH. (a) Except as
7-8 provided by Subsection (b), a [A] person becomes affiliated with a
7-9 political party when the person takes an oath of affiliation as
7-10 provided by Section 162.007 or 162.008.
7-11 (b) In a voting year in which the general election for state
7-12 and county officers is held, a person may not affiliate with a
7-13 political party that holds a primary election by taking an oath of
7-14 affiliation until after the date of the party's state convention.
7-15 SECTION 15. Section 162.008(a), Election Code, is amended to
7-16 read as follows:
7-17 (a) This section applies only to a person desiring to
7-18 affiliate with a political party during that part of a voting year
7-19 in which the general election for state and county officers is held
7-20 that follows:
7-21 (1) the date of the precinct conventions held under
7-22 this title, for a party nominating by convention; or
7-23 (2) the date of the party's state convention [7 p.m.
7-24 on general primary election day], for a party holding a primary
7-25 election.
7-26 SECTION 16. Section 171.004, Election Code, is amended to
7-27 read as follows:
8-1 Sec. 171.004. PROXY NOT ALLOWED. A person may not [(a) To]
8-2 participate in a state executive committee meeting as a proxy [for
8-3 a member representing a senatorial district, a person must reside
8-4 in that district].
8-5 [(b) A person may not hold more than one proxy at any
8-6 meeting.]
8-7 SECTION 17. Subchapter B, Chapter 174, Election Code, is
8-8 amended by adding Section 174.0221 to read as follows:
8-9 Sec. 174.0221. INCONSISTENT USE OF BUILDING USED FOR
8-10 CONVENTION PROHIBITED. (a) The entity that owns or controls a
8-11 public building used for a precinct convention may not use the
8-12 building on the day of the convention in a manner that is
8-13 inconsistent or interferes with the use of the building for a
8-14 precinct convention.
8-15 (b) If a precinct convention is not located in a public
8-16 building, the agreement to use the building for the convention
8-17 shall specify that the building may not be used on the day of the
8-18 convention in a manner that is inconsistent or interferes with the
8-19 use of the building for a precinct convention.
8-20 SECTION 18. Subchapter C, Chapter 174, Election Code, is
8-21 amended by adding Section 174.0632 to read as follows:
8-22 Sec. 174.0632. INCONSISTENT USE OF BUILDING USED FOR
8-23 CONVENTION PROHIBITED. (a) The entity that owns or controls a
8-24 public building used for a county or senatorial district convention
8-25 may not use the building on the day of the convention in a manner
8-26 that is inconsistent or interferes with the use of the building for
8-27 a county or senatorial district convention.
9-1 (b) If a county or senatorial district convention is not
9-2 located in a public building, the agreement to use the building for
9-3 the convention shall specify that the building may not be used on
9-4 the day of the convention in a manner that is inconsistent or
9-5 interferes with the use of the building for a county or senatorial
9-6 district convention.
9-7 SECTION 19. Subchapter B, Chapter 181, Election Code, is
9-8 amended by adding Section 181.035 to read as follows:
9-9 Sec. 181.035. WITHDRAWAL FROM NOMINATION. (a) A candidate
9-10 for nomination by a convention may not withdraw after the 62nd day
9-11 before general primary election day.
9-12 (b) A withdrawal request under this section must be filed
9-13 with the authority with whom the withdrawing candidate's
9-14 application for nomination by a convention is required to be filed.
9-15 (c) The withdrawal request must comply with the requirements
9-16 prescribed by Section 145.001 with changes appropriate to indicate
9-17 that the candidacy is for nomination by a convention rather than by
9-18 election.
9-19 SECTION 20. Chapter 276, Election Code, is amended by adding
9-20 Section 276.002 to read as follows:
9-21 Sec. 276.002. ENHANCEMENT OF OFFENSE FOR ELECTION OFFICIAL.
9-22 (a) An offense under this code is increased to the next highest
9-23 category of offense if it is shown on the trial of the offense that
9-24 the actor was an election official at the time of the offense.
9-25 (b) In this section, "election official" means the secretary
9-26 of state and a voter registrar, regular deputy voter registrar,
9-27 volunteer deputy registrar, county clerk, county tax
10-1 assessor-collector, county elections administrator, election judge,
10-2 election clerk, watcher, state inspector, or a person assisting a
10-3 voter in voting.
10-4 SECTION 21. Chapter 276, Election Code, is amended by adding
10-5 Section 276.010 to read as follows:
10-6 Sec. 276.010. VOTER FRAUD REPORTING PROGRAM. (a) The
10-7 secretary of state shall establish a program to encourage persons
10-8 to report voter fraud or other conduct constituting an offense
10-9 under this code. The program must be modeled after the crime
10-10 stopper program prescribed by Chapter 414, Government Code.
10-11 (b) The secretary of state may accept gifts or grants to
10-12 implement the program under this section.
10-13 SECTION 22. The following are repealed:
10-14 (1) Section 32.052, Election Code;
10-15 (2) Subchapter B, Chapter 127, Election Code; and
10-16 (3) Section 127.062, Election Code.
10-17 SECTION 23. This Act takes effect September 1, 1999.
10-18 SECTION 24. The importance of this legislation and the
10-19 crowded condition of the calendars in both houses create an
10-20 emergency and an imperative public necessity that the
10-21 constitutional rule requiring bills to be read on three several
10-22 days in each house be suspended, and this rule is hereby suspended.