By Danburg                                            H.B. No. 3206
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain election processes and procedures; providing
 1-3     criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 1.005, Election Code, is amended by
 1-6     adding Subdivision (25) to read as follows:
 1-7                 (25)  "Electioneering" includes:
 1-8                       (A)  wearing or holding a button, sticker, pin,
 1-9     or other paraphernalia, including an article of clothing, relating
1-10     to a candidate, measure, or political party; or
1-11                       (B)  verbally communicating in any manner with
1-12     the intention of influencing voters.
1-13           SECTION 2.  Chapter 1, Election Code, is amended by adding
1-14     Section 1.017 to read as follows:
1-15           Sec. 1.017.  RELATIONSHIP INVOLVING INFORMAL MARRIAGE.  For
1-16     purposes of this code and any other law of this state relating to
1-17     the conduct of an election, a relationship involving marriage
1-18     includes an informal marriage described by Section 2.401, Family
1-19     Code.
1-20           SECTION 3.  Section 2.025, Election Code, is amended to read
1-21     as follows:
1-22           Sec. 2.025.  RUNOFF ELECTION DAY.  (a)  Except as otherwise
1-23     provided by this code [Subsection (b)], a runoff election shall be
1-24     held not earlier than the 20th or later than the 45th [30th] day
 2-1     after the date the final canvass of the main election is completed.
 2-2           (b)  A runoff election date later than [may be held after]
 2-3     the period prescribed by Subsection (a) may be prescribed by a
 2-4     home-rule city charter [law but not later than the 45th day after
 2-5     the date the final canvass of the main election is completed only
 2-6     to:]
 2-7                 [(1)  permit a joint runoff election to be held with
 2-8     another political subdivision in accordance with Chapter 271; or]
 2-9                 [(2)  avoid holding the runoff on:]
2-10                       [(A)  a legal state or national holiday; or]
2-11                       [(B)  a weekend day within three days of a legal
2-12     state or national holiday].
2-13           (c)  This section [Subsection (b)] supersedes a law outside
2-14     this subchapter to the extent of a conflict notwithstanding Section
2-15     2.022.
2-16           SECTION 4.  Section 2.051(b), Election Code, is amended to
2-17     read as follows:
2-18           (b)  In the case of an election in which any members of the
2-19     political subdivision's governing body are elected from territorial
2-20     units such as single-member districts, this subchapter applies to
2-21     the election in a particular territorial unit [single-member
2-22     district] if[:]
2-23                 [(1)]  each candidate whose name is to appear on the
2-24     ballot in that territorial unit [district] is unopposed and no
2-25     at-large proposition or opposed at-large race is to appear on the
2-26     ballot.  This subchapter applies to an unopposed at-large race in
2-27     such an election regardless of whether an opposed race is to appear
 3-1     on the ballot in a particular territorial unit[; and]
 3-2                 [(2)  the requirements prescribed by Subsection (a) are
 3-3     otherwise met].
 3-4           SECTION 5.  Section 2.053(c), Election Code, is amended to
 3-5     read as follows:
 3-6           (c)  A certificate of election shall be issued to each
 3-7     candidate in the same manner and at the same time as provided for a
 3-8     candidate elected at the election. The candidate must qualify for
 3-9     the office in the same manner as provided for a candidate elected
3-10     at the election.
3-11           SECTION 6.  Section 13.072(c), Election Code, is amended to
3-12     read as follows:
3-13           (c)  Except as provided by Subsection (d) [or (e)], if the
3-14     registrar determines that an application does not comply with
3-15     Section 13.002 or does not indicate that the applicant is eligible
3-16     for registration, the registrar shall reject the application.
3-17           SECTION 7.  Section 13.073, Election Code, is amended by
3-18     adding Subsection (c) to read as follows:
3-19           (c)  If the registrar rejects an application for
3-20     incompleteness but receives a completed application not later than
3-21     the 10th day after the date the notice is delivered under
3-22     Subsection (a) or the date the incomplete application is returned
3-23     under Subsection (b), as applicable, the original date of
3-24     submission of the incomplete application is considered to be the
3-25     date of submission to the registrar for the purpose of determining
3-26     the effective date of registration.
3-27           SECTION 8.  Section 15.025, Election Code, is amended to read
 4-1     as follows:
 4-2           Sec. 15.025.  EFFECTIVE DATE OF CERTAIN CHANGES IN
 4-3     REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE].  (a)
 4-4     Except as provided by Subsections (b) and (d), the [The]
 4-5     registration of a voter described by this subsection whose
 4-6     information [residence] is changed on the registration records [to
 4-7     another county election precinct in the same county] becomes
 4-8     effective as to the change [in the precinct of new residence] on
 4-9     the 30th day after:
4-10                 (1)  the date the voter submits to the registrar
4-11     [receives] a notice of a change in registration information under
4-12     Section 15.021 or a [voter's] response under Section 15.053,
4-13     indicating the change [of residence]; or
4-14                 (2)  the date the voter submits a statement of
4-15     residence to an election officer under Section 63.0011 or a
4-16     registration application or change of address to an agency employee
4-17     under Chapter 20, indicating the change [of residence].
4-18           (b)  A change in registration information covered by this
4-19     section is effective for purposes of early voting if it will be
4-20     effective on election day.
4-21           (c)  For purposes of determining the effective date of a
4-22     change in registration information covered by this section, a
4-23     document submitted by mail is considered to be submitted to the
4-24     registrar on the date it is placed with postage prepaid and
4-25     properly addressed in the United States mail. The date indicated by
4-26     the post office cancellation mark is considered to be the date the
4-27     document was placed in the mail unless proven otherwise.
 5-1           (d)  If the 30th day before the date of an election is a
 5-2     Saturday, Sunday, or legal state or national holiday, the document
 5-3     is considered to be timely if it is submitted to the registrar on
 5-4     or before the next regular business day.
 5-5           SECTION 9.  Section 16.0332(a), Election Code, is amended to
 5-6     read as follows:
 5-7           (a)  After the registrar receives a list under  Section
 5-8     62.113, Government Code, of persons excused or disqualified from
 5-9     jury service because of citizenship status, the registrar shall
5-10     deliver to each registered voter who appears on the list a written
5-11     notice requiring the voter to provide proof of United States
5-12     citizenship in the form of a certified copy of the voter's birth
5-13     certificate, United States passport, or certificate of
5-14     naturalization or any other [a] form prescribed by the secretary of
5-15     state.  The notice shall be delivered by forwardable mail to the
5-16     mailing address on the voter's registration application and to any
5-17     new address of the voter known to the registrar.
5-18           SECTION 10.  Section 16.036(a), Election Code, is amended to
5-19     read as follows:
5-20           (a)  Immediately after cancellation of a voter's registration
5-21     under Section 16.031(a)(3), 16.033, [or] 16.0331, or 16.0332, the
5-22     registrar shall deliver written notice of the cancellation to the
5-23     voter.
5-24           SECTION 11.  Section 19.001(a), Election Code, is amended to
5-25     read as follows:
5-26           (a)  Before May 15 of each year, the registrar shall prepare
5-27     and submit to the comptroller of public accounts a statement
 6-1     containing:
 6-2                 (1)  the total number of initial registrations for the
 6-3     previous voting year;
 6-4                 (2)  the total number of registrations canceled under
 6-5     Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
 6-6     voting year; and
 6-7                 (3)  the total number of registrations for which
 6-8     information was updated for the previous voting year.
 6-9           SECTION 12.  Section 43.031, Election Code, is amended by
6-10     adding Subsection (e) to read as follows:
6-11           (e)  A polling place may not be located at the residence of a
6-12     person who is:
6-13                 (1)  a candidate for an elective office, including an
6-14     office of a political party; or
6-15                 (2)  related within the third degree by consanguinity
6-16     or the second degree by affinity, as determined under Chapter 573,
6-17     Government Code, to a candidate described by Subdivision (1).
6-18           SECTION 13.  Section 63.0101, Election Code, is amended to
6-19     read as follows:
6-20           Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  The
6-21     following documentation is acceptable as proof of identification
6-22     under this chapter:
6-23                 (1)  a driver's license or personal identification card
6-24     issued to the person by the Department of Public Safety or a
6-25     similar document issued to the person by an agency of another
6-26     state, regardless of whether the license or card has expired;
6-27                 (2)  a form of identification containing the person's
 7-1     photograph that establishes the person's identity;
 7-2                 (3)  a birth certificate or other document confirming
 7-3     birth that is admissible in a court of law and establishes the
 7-4     person's identity;
 7-5                 (4)  United States citizenship papers issued to the
 7-6     person;
 7-7                 (5)  a United States passport issued to the person;
 7-8                 (6)  pre-printed checks containing the person's name
 7-9     that are issued for a financial institution doing business in this
7-10     state;
7-11                 (7)  official mail addressed to the person by name from
7-12     a governmental entity;
7-13                 (8)  two other forms of identification that establish
7-14     the person's identity; [or]
7-15                 (9)  an affidavit executed by a person who is working
7-16     at the polling place that attests to the identity of the voter, if
7-17     the voter does not have documentation described by Subdivisions
7-18     (1)-(8) in the voter's possession at the polling place at the time
7-19     of offering to vote; or
7-20                 (10)  any other form of identification prescribed by
7-21     the secretary of state.
7-22           SECTION 14.  Subchapter B, Chapter 83, Election Code, is
7-23     amended by adding Section 83.035 to read as follows:
7-24           Sec. 83.035.  DEPUTIES SERVING AT MAIN EARLY VOTING POLLING
7-25     PLACE IN CERTAIN ELECTIONS.  (a)  To the extent possible, deputy
7-26     early voting clerks appointed to serve at the main early voting
7-27     polling place for a primary election, the general election for
 8-1     state and county officers, or a special election to fill a vacancy
 8-2     in the legislature or in congress must be affiliated or aligned
 8-3     with different political parties.
 8-4           (b)  The secretary of state, after consulting the state chair
 8-5     of each political party required to nominate candidates by primary
 8-6     election, shall prescribe the procedures necessary to implement
 8-7     this section.
 8-8           SECTION 15.  Section 84.001, Election Code, is amended by
 8-9     adding Subsection (f) to read as follows:
8-10           (f)  An applicant for a ballot to be voted by mail on the
8-11     ground of age or disability may apply on the same application for
8-12     ballots for each election in which the applicant may be eligible to
8-13     vote in the calendar year.
8-14           SECTION 16.  Section 84.032, Election Code, is amended by
8-15     amending Subsection (b) and adding Subsection (e) to read as
8-16     follows:
8-17           (b)  A request must:
8-18                 (1)  be in writing and signed by the applicant;
8-19                 (2)  specify the election for which the application was
8-20     made; and
8-21                 (3)  except as provided by Subsection (c), [or] (d), or
8-22     (e), be received by the early voting clerk:
8-23                       (A)  not later than the third day before election
8-24     day; and
8-25                       (B)  if an early voting ballot sent to the
8-26     applicant is returned to the clerk as a marked ballot, before the
8-27     marked ballot's arrival at the address on the carrier envelope.
 9-1           (e)  An applicant may also submit a request at any time after
 9-2     the early voting ballot is returned to the early voting clerk as a
 9-3     marked ballot and before the ballot is delivered to the early
 9-4     voting ballot board by appearing in person and executing an
 9-5     affidavit that the applicant did not mark the ballot.
 9-6           SECTION 17.  Sections 85.036(a) and (b), Election Code, are
 9-7     amended to read as follows:
 9-8           (a)  Except as provided by Subsection (b), during  the time
 9-9     an early voting polling place is open for the conduct of early
9-10     voting, a person may not electioneer for or against any candidate,
9-11     measure, or political party in or within a certain distance from
9-12     the building or structure in which the early voting polling place
9-13     is located, as follows:
9-14                 (1)  for a building containing the main early voting
9-15     polling place, a person may not electioneer in the room in which
9-16     the polling place is located or within 100 [30] feet of the
9-17     entrance to the room in which the polling place is located;
9-18                 (2)  for a building that is also used as a precinct
9-19     polling place, a person may not electioneer within 100 feet of an
9-20     outside door through which a voter may enter the building in which
9-21     the polling place is located; and
9-22                 (3)  for any other structure, a person may not
9-23     electioneer within 100 [30] feet of the entrance to the voting
9-24     area.
9-25           (b)  For a county courthouse, subcourthouse, or courthouse
9-26     annex, a person may not electioneer in the building or within 100
9-27     [30] feet of an outside door through which a voter may enter the
 10-1    building in which the polling place is located if the commissioners
 10-2    court issues an order to that effect.  The order must be recorded
 10-3    in the commissioners court's minutes not later than the 10th day
 10-4    before the date early voting is to be conducted in the building.
 10-5          SECTION 18.  Section 86.003(d), Election Code, is amended to
 10-6    read as follows:
 10-7          (d)  If the applicable address specified in a voter's
 10-8    application is an address other than that prescribed by Subsection
 10-9    (c) but is in the voter's county of residence, a form for a
10-10    statement of residence shall be provided to the voter in accordance
10-11    with Section 86.002.  If the applicable address specified in the
10-12    application is an address other than that prescribed by Subsection
10-13    (c) and is not in the voter's county of residence, the voter's
10-14    application shall be rejected in accordance with Section 86.001(c).
10-15          SECTION 19.  Section 86.007, Election Code, is amended to
10-16    read as follows:
10-17          Sec. 86.007.  DEADLINE FOR RETURNING MARKED BALLOT.  (a)  A
10-18    [Except as provided by Subsection (d), a] marked ballot voted by
10-19    mail shall be counted if:
10-20                (1)  [must arrive at the address on] the carrier
10-21    envelope was placed for delivery before the time the polls are
10-22    required to close on election day; and
10-23                (2)  the ballot arrives at the address on the carrier
10-24    envelope not later than:
10-25                      (A)  the fifth day after the date of the general
10-26    election for state and county officers; or
10-27                      (B)  the second day after the date of an election
 11-1    other than the general election for state and county officers.
 11-2          (b)  [If the early voting clerk cannot determine whether a
 11-3    ballot arrived before the deadline, the ballot is considered to
 11-4    have arrived at the time the place at which the carrier envelopes
 11-5    are deposited was last inspected for removal of returned ballots.
 11-6    The clerk shall check for returned ballots, at least once before
 11-7    the deadline, after the normal delivery time on the last day at the
 11-8    place at which the carrier envelopes are deposited.]
 11-9          [(c)]  A marked ballot that is not timely returned may not be
11-10    counted.
11-11          (c) [(d)  A marked ballot voted by mail that arrives after
11-12    the time prescribed by Subsection (a) shall be counted if:]
11-13                [(1)  the ballot was cast from an address outside the
11-14    United States;]
11-15                [(2)  the carrier envelope was placed for delivery
11-16    before the time the ballot is required to arrive under Subsection
11-17    (a); and]
11-18                [(3)  the ballot arrives at the address on the carrier
11-19    envelope not later than:]
11-20                      [(A)  the fifth day after the date of the general
11-21    election for state and county officers; or]
11-22                      [(B)  the second day after the date of an
11-23    election other than the general election for state and county
11-24    officers.]
11-25          [(e)]  A delivery under Subsection (a)(1) [(d)(2)] is timely,
11-26    except as otherwise provided by this title, if the carrier envelope
11-27    or, if applicable, the envelope containing the carrier envelope:
 12-1                (1)  is properly addressed with postage or handling
 12-2    charges prepaid;
 12-3                [(2)  is sent from an address outside the United
 12-4    States;] and
 12-5                (2) [(3)]  bears a cancellation mark of a recognized
 12-6    postal service or a receipt mark of a common or contract carrier or
 12-7    a courier indicating a time before the deadline.
 12-8          (d) [(f)  If the envelope does not bear the cancellation mark
 12-9    or receipt mark as required by Subsection (e)(3), a delivery under
12-10    Subsection (d)(1) is presumed to be timely if the other
12-11    requirements under this section are met.]  Section 1.006 does not
12-12    apply to Subsection (a)(2) [(d)(3)](A).
12-13          (e) [(g)]  The secretary of state shall prescribe procedures
12-14    as necessary to implement Subsection (a) [(d)].
12-15          SECTION 20.  Section 87.0241, Election Code, is amended by
12-16    amending Subsection (b) and adding Subsection (c) to read as
12-17    follows:
12-18          (b)  The board may not count early voting ballots until:
12-19                (1)  the polls open on election day; or
12-20                (2)  in an election conducted by an authority of a
12-21    county with a population of 100,000 or more or conducted jointly
12-22    with such a county, the end of the period for early voting by
12-23    personal appearance.
12-24          (c)  The secretary of state shall prescribe any procedures
12-25    necessary for implementing this section in regard to elections
12-26    described by Subsection (b)(2).
12-27          SECTION 21.  Section 87.026, Election Code, is amended to
 13-1    read as follows:
 13-2          Sec. 87.026.  BYSTANDERS EXCLUDED.  Except as permitted by
 13-3    this code, a person may not be in the meeting place of an early
 13-4    voting ballot board or signature verification committee during the
 13-5    time of the board's or committee's operations.
 13-6          SECTION 22.  Section 87.027(f), Election Code, is amended to
 13-7    read as follows:
 13-8          (f)  The early voting clerk shall determine the place, day or
 13-9    days, and hours of operation of the signature verification
13-10    committee and shall state that information in the order calling for
13-11    the committee's appointment.  A committee may not begin operating
13-12    before the 20th day before election day and may not continue
13-13    operating after 5 p.m. of the fourth day before election day unless
13-14    that period is extended by written order of the presiding judge of
13-15    the early voting ballot board.
13-16          SECTION 23.  Section 87.0271(a), Election Code, is amended to
13-17    read as follows:
13-18          (a)  A signature verification committee shall be appointed in
13-19    the general election for state and county officers [on receipt] by
13-20    the early voting clerk on the submission of a written request for
13-21    the committee [submitted] by at least 15 registered voters of the
13-22    county.  The request must be submitted not later than the preceding
13-23    October 1, and a request submitted by mail is considered to be
13-24    submitted at the time of its receipt by the clerk.  Except as
13-25    provided by this section, Section 87.027 applies to the committee.
13-26          SECTION 24.  Section 87.041(b), Election Code, is amended to
13-27    read as follows:
 14-1          (b)  A ballot may be accepted only if:
 14-2                (1)  the carrier envelope certificate is properly
 14-3    executed;
 14-4                (2)  neither the voter's signature on the ballot
 14-5    application nor the signature on the carrier envelope certificate
 14-6    is determined to have been executed by a person other than the
 14-7    voter, unless signed by a witness;
 14-8                (3)  the voter's ballot application states a legal
 14-9    ground for early voting by mail;
14-10                (4)  the voter is registered to vote, if registration
14-11    is required by law;
14-12                (5)  the address to which the ballot was mailed to the
14-13    voter, as indicated by the application, was outside the voter's
14-14    county of residence, if the ground for early voting is absence from
14-15    the county of residence; [and]
14-16                (6)  for a voter to whom a statement of residence form
14-17    was required to be sent under Section 86.002(a), the statement of
14-18    residence is returned in the carrier envelope and indicates that
14-19    the voter satisfies the residence requirements prescribed by
14-20    Section 63.0011; and
14-21                (7)  the address to which the ballot was mailed to the
14-22    voter is an address that is otherwise required by Sections 84.002
14-23    and 86.003.
14-24          SECTION 25.  Section 87.0431, Election Code, is amended to
14-25    read as follows:
14-26          Sec. 87.0431.  NOTICE OF REJECTED BALLOT.  (a)  Not later
14-27    than the 10th day after election day, the presiding judge of the
 15-1    early voting ballot board shall deliver written notice of the
 15-2    reason for the rejection of a ballot to the voter at the residence
 15-3    address on the ballot application.
 15-4          (b)  An original or copy of the notice is not available for
 15-5    public inspection until the early voting election returns are
 15-6    delivered to the general custodian of election records after the
 15-7    election.
 15-8          SECTION 26.  Section 87.1231, Election Code, is amended to
 15-9    read as follows:
15-10          Sec. 87.1231.  EARLY VOTING VOTES REPORTED BY PRECINCT.
15-11    [(a)]  Not later than the time of the local canvass, the early
15-12    voting clerk shall deliver to the local canvassing authority a
15-13    report of the total number of early voting votes for each candidate
15-14    or measure by election precinct. The report may reflect the total
15-15    for votes by mail and the total for votes by personal appearance.
15-16          [(b)  The early voting clerk may not report vote totals under
15-17    Subsection (a) for an election precinct in which fewer than five
15-18    votes are cast during the early voting period.]
15-19          SECTION 27.  Section 87.125(a), Election Code, is amended to
15-20    read as follows:
15-21          (a)  The early voting ballot board shall convene to count
15-22    ballots voted by mail that arrive after the time the polls are
15-23    required to close on election day and before the period described
15-24    by Section 86.007(a)(2) at the time set by the presiding judge of
15-25    the board [86.007(d) on]:
15-26                (1)  on the sixth day after the date of a general
15-27    election for state and county officers; [or]
 16-1                (2)  on the second [fifth] day after the date of a
 16-2    primary [or special] election, at a time following the last mail
 16-3    delivery, or on an earlier day or at an earlier time if the early
 16-4    voting clerk certifies that all affected ballots have been
 16-5    received; or
 16-6                (3)  not earlier than the third day or later than the
 16-7    fifth day after the date of an election other than an election
 16-8    described by Subdivision (1) or (2).
 16-9          SECTION 28.  Subchapter G, Chapter 87, Election Code, is
16-10    amended by adding Sections 87.126 and 87.127 to read as follows:
16-11          Sec. 87.126.  UNLAWFULLY DIVULGING VOTE.  (a)  A person
16-12    commits an offense if the person was at the meeting place of an
16-13    early voting ballot board or signature verification committee for
16-14    any purpose and knowingly communicates to another person
16-15    information that the person obtained at the meeting place of the
16-16    board or committee about how a voter has voted.
16-17          (b)  An offense under this section is a felony of the third
16-18    degree.
16-19          (c)  This section does not apply to information presented in
16-20    an official investigation or other official proceeding in which the
16-21    information is relevant.
16-22          Sec. 87.127.  UNLAWFULLY REVEALING INFORMATION BEFORE POLLS
16-23    CLOSE.  (a)  A person serving at the meeting place of an early
16-24    voting ballot board or signature verification committee in an
16-25    official capacity commits an offense if, before the polls close on
16-26    election day, the person reveals any of the following information
16-27    that the person obtained at the meeting place of the board or
 17-1    committee:
 17-2                (1)  the number of votes that have been received for a
 17-3    candidate or for or against a measure;
 17-4                (2)  a candidate's position relative to other
 17-5    candidates in the tabulation of the votes;
 17-6                (3)  whether a measure is passing or failing;
 17-7                (4)  the names of persons who have or have not voted in
 17-8    the election; or
 17-9                (5)  any determination about a voter's balloting
17-10    materials made by the board or committee under Section 87.027 or
17-11    87.041.
17-12          (b)  An offense under this section is a Class C misdemeanor.
17-13          SECTION 29.  Section 88.004, Election Code, is amended by
17-14    adding Subsection (d) to read as follows:
17-15          (d)  An original or copy of the notice is not available for
17-16    public inspection until the early voting election returns are
17-17    delivered to the general custodian of election records after the
17-18    election.
17-19          SECTION 30.  Section 102.003(b), Election Code, is amended to
17-20    read as follows:
17-21          (b)  An application may be submitted after the last day of
17-22    the period for early voting by personal appearance and before 5 [2]
17-23    p.m.  on election day.
17-24          SECTION 31.  Section 104.003, Election Code, is amended to
17-25    read as follows:
17-26          Sec. 104.003.  TIME AND PLACE FOR VOTING.  Voting under this
17-27    chapter shall be conducted on election day, beginning at 7 [8] a.m.
 18-1    and concluding at 7 [2] p.m., at the main early voting polling
 18-2    place[, except that the voting shall begin at 7 a.m. and conclude
 18-3    at 7 p.m. in an election in which mechanical voting machines are
 18-4    used].  However, if the early voting ballots voted by mail are
 18-5    processed at a location other than the main early voting polling
 18-6    place, the early voting clerk may require the voting to be
 18-7    conducted at that location.
 18-8          SECTION 32.  Section 112.006, Election Code, is amended to
 18-9    read as follows:
18-10          Sec. 112.006.  TIME AND PLACE FOR VOTING BY PERSONAL
18-11    APPEARANCE.  A person may vote a limited ballot by personal
18-12    appearance only at the main early voting polling place on the days
18-13    and during the hours the main early voting polling place is open
18-14    through 7 p.m. on election day.
18-15          SECTION 33.  Subchapter C, Chapter 125, Election Code, is
18-16    amended by adding Section 125.0611 to read as follows:
18-17          Sec. 125.0611.  PROVIDING SEPARATE BALLOT PART FOR WRITE-IN
18-18    VOTING.  (a)  If an electronic system ballot includes a separate
18-19    write-in part under Section 124.064, that part shall be provided
18-20    with the electronic system ballot.
18-21          (b)  A voter may not be required to request the separate
18-22    write-in part as a condition to being provided that part.
18-23          SECTION 34.  Section 127.006, Election Code, is amended by
18-24    adding Subsection (e) to read as follows:
18-25          (e)  To the extent possible, clerks appointed under this
18-26    section must be affiliated or aligned with different political
18-27    parties.
 19-1          SECTION 35.  Sections 127.130(d) and (e), Election Code, are
 19-2    amended to read as follows:
 19-3          (d)  In [Subject to Subsection (e), in] any manual count
 19-4    conducted under this code, a vote on a ballot on which a voter
 19-5    indicates a vote by punching a hole in the ballot may not be
 19-6    counted unless:
 19-7                (1)  at least two corners of the chad are detached; or
 19-8                (2)  light is visible through the hole[;]
 19-9                [(3)  an indentation on the chad from the stylus or
19-10    other object is present and indicates a clearly ascertainable
19-11    intent of the voter to vote; or]
19-12                [(4)  the chad reflects by other means a clearly
19-13    ascertainable intent of the voter to vote].
19-14          [(e)  Subsection (d) does not supersede any clearly
19-15    ascertainable intent of the voter.]
19-16          SECTION 36.  Section 141.004, Election Code, is amended to
19-17    read as follows:
19-18          Sec. 141.004.  EFFECT OF BOUNDARY CHANGE ON RESIDENCE
19-19    REQUIREMENT FOR POLITICAL SUBDIVISION [CITY OFFICE].  In
19-20    determining whether a person has complied with a residence
19-21    requirement under Section 141.001 or 141.003 for an [a city] office
19-22    of a political subdivision, residence in an area while the area was
19-23    not part of the territory from which the office is elected [city]
19-24    is considered as residence within the territory [city] if the area
19-25    is part of the territory [city] on the date that is the basis for
19-26    determining the applicable period of residence.
19-27          SECTION 37.  Sections 146.051 and 146.055, Election Code, are
 20-1    amended to read as follows:
 20-2          Sec. 146.051.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
 20-3    In an [a general] election for city officers, a write-in vote may
 20-4    not be counted unless the name written in appears on the list of
 20-5    write-in candidates.
 20-6          Sec. 146.055.  APPLICABILITY OF OTHER CODE PROVISIONS.
 20-7    Subchapter B applies to write-in voting in an [a general] election
 20-8    for city officers except to the extent of a conflict with this
 20-9    subchapter.
20-10          SECTION 38.  Section 173.011(b), Election Code, is amended to
20-11    read as follows:
20-12          (b)  Any surplus remaining in a county primary fund shall be
20-13    remitted to the secretary of state [county clerk] immediately after
20-14    the final payment from the fund of the necessary expenses for
20-15    holding the primary elections for that year, but not later than
20-16    July 1 following the applicable primary election.  The surplus in
20-17    the primary fund shall be remitted regardless of whether state
20-18    funds were requested by the chair.  [Any surplus primary funds
20-19    received by the county clerk under this subsection may be used only
20-20    for paying the remaining expenses of the joint primary election.]
20-21          SECTION 39.  Section 212.001, Election Code, is amended to
20-22    read as follows:
20-23          Sec. 212.001.  GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT.  A
20-24    recount document submitted under this title must:
20-25                (1)  be in writing;
20-26                (2)  identify the office or measure for which a recount
20-27    is desired;
 21-1                (3)  state the grounds for the recount;
 21-2                (4)  state the side of the measure that the person
 21-3    requesting the recount represents, if applicable;
 21-4                (5)  identify the election precincts, grouped by county
 21-5    or other appropriate territorial unit if the election involves more
 21-6    than one local canvassing authority, for which a recount is desired
 21-7    and must indicate the method of voting used in each precinct;
 21-8                (6)  be signed by:
 21-9                      (A)  the person requesting the recount or, if
21-10    there is more than one, any one or more of them; or
21-11                      (B)  an agent of the person requesting the
21-12    recount;
21-13                (7)  state each requesting person's name, residence
21-14    address, and, if authorization to obtain the recount is based on
21-15    eligibility to vote in the election, voter registration number, and
21-16    county of registration if the election covers territory in more
21-17    than one county;
21-18                (8)  designate an agent who is a resident of this state
21-19    to receive notice under this title on behalf of the person
21-20    requesting the recount if:
21-21                      (A)  the person requesting the recount is not a
21-22    resident of this state; or
21-23                      (B)  there is more than one person requesting the
21-24    recount;
21-25                (9)  state the mailing address and at least one
21-26    telephone number, if any, at which the person requesting the
21-27    recount or an agent, identified by name, may receive notice given
 22-1    under this title; [and]
 22-2                (10)  state the mailing address and at least one
 22-3    telephone number, if any, at which the opposing candidates for the
 22-4    office or their agents, identified by name, may receive notice
 22-5    given under this title; and
 22-6                (11)  be accompanied by a deposit as provided by
 22-7    Subchapter E.
 22-8          SECTION 40.  Section 212.088(a), Election Code, is amended to
 22-9    read as follows:
22-10          (a)  If the deadline for submitting an expedited recount
22-11    petition falls on a Saturday, Sunday, or legal state holiday, the
22-12    deadline is extended to 5 p.m. [9 a.m.] of the next regular
22-13    business day.
22-14          SECTION 41.  Section 212.111(b), Election Code, is amended to
22-15    read as follows:
22-16          (b)  The [Except as provided by Subsection (c), the] deposit
22-17    must be in the form of cash or a cashier's check or money order
22-18    made payable to the recount coordinator.
22-19          SECTION 42.  Section 271.011, Election Code, is amended by
22-20    adding Subsection (c) to read as follows:
22-21          (c)  If one of the elections to be jointly canvassed is the
22-22    general election for state and county officers, the joint local
22-23    canvass may be conducted on the regular date prescribed for the
22-24    local canvass for the general election for state and county
22-25    officers.
22-26          SECTION 43.  Sections 13.072(e), 15.026, and 212.111(c),
22-27    Election Code, are repealed.
 23-1          SECTION 44.  This Act takes effect September 1, 1999.
 23-2          SECTION 45.  The importance of this legislation and the
 23-3    crowded condition of the calendars in both houses create an
 23-4    emergency and an imperative public necessity that the
 23-5    constitutional rule requiring bills to be read on three several
 23-6    days in each house be suspended, and this rule is hereby suspended.