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.