76R14364 GGS-F
By Danburg H.B. No. 3206
Substitute the following for H.B. No. 3206:
By Denny C.S.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 63.0101, Election Code, is amended to
6-10 read as follows:
6-11 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
6-12 following documentation is acceptable as proof of identification
6-13 under this chapter:
6-14 (1) a driver's license or personal identification card
6-15 issued to the person by the Department of Public Safety or a
6-16 similar document issued to the person by an agency of another
6-17 state, regardless of whether the license or card has expired;
6-18 (2) a form of identification containing the person's
6-19 photograph that establishes the person's identity;
6-20 (3) a birth certificate or other document confirming
6-21 birth that is admissible in a court of law and establishes the
6-22 person's identity;
6-23 (4) United States citizenship papers issued to the
6-24 person;
6-25 (5) a United States passport issued to the person;
6-26 (6) pre-printed checks containing the person's name
6-27 that are issued for a financial institution doing business in this
7-1 state;
7-2 (7) official mail addressed to the person by name from
7-3 a governmental entity;
7-4 (8) two other forms of identification that establish
7-5 the person's identity; [or]
7-6 (9) an affidavit executed by a person who is working
7-7 at the polling place that attests to the identity of the voter, if
7-8 the voter does not have documentation described by Subdivisions
7-9 (1)-(8) in the voter's possession at the polling place at the time
7-10 of offering to vote; or
7-11 (10) any other form of identification prescribed by
7-12 the secretary of state.
7-13 SECTION 13. Subchapter B, Chapter 83, Election Code, is
7-14 amended by adding Section 83.035 to read as follows:
7-15 Sec. 83.035. DEPUTIES SERVING AT MAIN EARLY VOTING POLLING
7-16 PLACE IN CERTAIN ELECTIONS. (a) To the extent possible, deputy
7-17 early voting clerks appointed to serve at the main early voting
7-18 polling place for a primary election, the general election for
7-19 state and county officers, or a special election to fill a vacancy
7-20 in the legislature or in congress must be affiliated or aligned
7-21 with different political parties.
7-22 (b) The secretary of state, after consulting the state chair
7-23 of each political party required to nominate candidates by primary
7-24 election, shall prescribe the procedures necessary to implement
7-25 this section.
7-26 SECTION 14. Section 84.032, Election Code, is amended by
7-27 amending Subsection (b) and adding Subsection (e) to read as
8-1 follows:
8-2 (b) A request must:
8-3 (1) be in writing and signed by the applicant;
8-4 (2) specify the election for which the application was
8-5 made; and
8-6 (3) except as provided by Subsection (c), [or] (d), or
8-7 (e), be received by the early voting clerk:
8-8 (A) not later than the third day before election
8-9 day; and
8-10 (B) if an early voting ballot sent to the
8-11 applicant is returned to the clerk as a marked ballot, before the
8-12 marked ballot's arrival at the address on the carrier envelope.
8-13 (e) An applicant may also submit a request at any time after
8-14 the early voting ballot is returned to the early voting clerk as a
8-15 marked ballot and before the ballot is delivered to the early
8-16 voting ballot board by appearing in person and executing an
8-17 affidavit that the applicant did not mark the ballot.
8-18 SECTION 15. Sections 85.036(a) and (b), Election Code, are
8-19 amended to read as follows:
8-20 (a) Except as provided by Subsection (b), during the time
8-21 an early voting polling place is open for the conduct of early
8-22 voting, a person may not electioneer for or against any candidate,
8-23 measure, or political party in or within a certain distance from
8-24 the building or structure in which the early voting polling place
8-25 is located, as follows:
8-26 (1) for a building containing the main early voting
8-27 polling place, a person may not electioneer in the room in which
9-1 the polling place is located or within 100 [30] feet of the
9-2 entrance to the room in which the polling place is located;
9-3 (2) for a building that is also used as a precinct
9-4 polling place, a person may not electioneer within 100 feet of an
9-5 outside door through which a voter may enter the building in which
9-6 the polling place is located; and
9-7 (3) for any other structure, a person may not
9-8 electioneer within 100 [30] feet of the entrance to the voting
9-9 area.
9-10 (b) For a county courthouse, subcourthouse, or courthouse
9-11 annex, a person may not electioneer in the building or within 100
9-12 [30] feet of an outside door through which a voter may enter the
9-13 building in which the polling place is located if the commissioners
9-14 court issues an order to that effect. The order must be recorded
9-15 in the commissioners court's minutes not later than the 10th day
9-16 before the date early voting is to be conducted in the building.
9-17 SECTION 16. Section 86.007(d), Election Code, is amended to
9-18 read as follows:
9-19 (d) A marked ballot voted by mail that arrives after the
9-20 time prescribed by Subsection (a) shall be counted if:
9-21 (1) the ballot was cast from an address outside the
9-22 United States;
9-23 (2) the carrier envelope was placed for delivery
9-24 before the time the ballot is required to arrive under Subsection
9-25 (a); and
9-26 (3) the ballot arrives at the address on the carrier
9-27 envelope not later than:
10-1 (A) the fifth day after the date of the general
10-2 election for state and county officers; or
10-3 (B) the second day after the date of an election
10-4 other than the general election for state and county officers or
10-5 the fifth day after the date of a joint election if the political
10-6 subdivision's ballot is combined with the ballot for the general
10-7 election for state and county officers.
10-8 SECTION 17. Section 87.0241, Election Code, is amended by
10-9 amending Subsection (b) and adding Subsection (c) to read as
10-10 follows:
10-11 (b) The board may not count early voting ballots until:
10-12 (1) the polls open on election day; or
10-13 (2) in an election conducted by an authority of a
10-14 county with a population of 100,000 or more or conducted jointly
10-15 with such a county, the end of the period for early voting by
10-16 personal appearance.
10-17 (c) The secretary of state shall prescribe any procedures
10-18 necessary for implementing this section in regard to elections
10-19 described by Subsection (b)(2).
10-20 SECTION 18. Section 87.026, Election Code, is amended to
10-21 read as follows:
10-22 Sec. 87.026. BYSTANDERS EXCLUDED. Except as permitted by
10-23 this code, a person may not be in the meeting place of an early
10-24 voting ballot board or signature verification committee during the
10-25 time of the board's or committee's operations.
10-26 SECTION 19. Section 87.027(f), Election Code, is amended to
10-27 read as follows:
11-1 (f) The early voting clerk shall determine the place, day or
11-2 days, and hours of operation of the signature verification
11-3 committee and shall state that information in the order calling for
11-4 the committee's appointment. A committee may not begin operating
11-5 before the 20th day before election day and may not continue
11-6 operating after 5 p.m. of the fourth day before election day unless
11-7 that period is extended by written order of the presiding judge of
11-8 the early voting ballot board.
11-9 SECTION 20. Section 87.0271(a), Election Code, is amended to
11-10 read as follows:
11-11 (a) A signature verification committee shall be appointed in
11-12 the general election for state and county officers [on receipt] by
11-13 the early voting clerk on the submission of a written request for
11-14 the committee [submitted] by at least 15 registered voters of the
11-15 county. The request must be submitted not later than the preceding
11-16 October 1, and a request submitted by mail is considered to be
11-17 submitted at the time of its receipt by the clerk. Except as
11-18 provided by this section, Section 87.027 applies to the committee.
11-19 SECTION 21. Section 87.041(b), Election Code, is amended to
11-20 read as follows:
11-21 (b) A ballot may be accepted only if:
11-22 (1) the carrier envelope certificate is properly
11-23 executed;
11-24 (2) neither the voter's signature on the ballot
11-25 application nor the signature on the carrier envelope certificate
11-26 is determined to have been executed by a person other than the
11-27 voter, unless signed by a witness;
12-1 (3) the voter's ballot application states a legal
12-2 ground for early voting by mail;
12-3 (4) the voter is registered to vote, if registration
12-4 is required by law;
12-5 (5) the address to which the ballot was mailed to the
12-6 voter, as indicated by the application, was outside the voter's
12-7 county of residence, if the ground for early voting is absence from
12-8 the county of residence; [and]
12-9 (6) for a voter to whom a statement of residence form
12-10 was required to be sent under Section 86.002(a), the statement of
12-11 residence is returned in the carrier envelope and indicates that
12-12 the voter satisfies the residence requirements prescribed by
12-13 Section 63.0011; and
12-14 (7) the address to which the ballot was mailed to the
12-15 voter is an address that is otherwise required by Sections 84.002
12-16 and 86.003.
12-17 SECTION 22. Section 87.0431, Election Code, is amended to
12-18 read as follows:
12-19 Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later
12-20 than the 10th day after election day, the presiding judge of the
12-21 early voting ballot board shall deliver written notice of the
12-22 reason for the rejection of a ballot to the voter at the residence
12-23 address on the ballot application.
12-24 (b) An original or copy of the notice is not available for
12-25 public inspection until the early voting election returns are
12-26 delivered to the general custodian of election records after the
12-27 election.
13-1 SECTION 23. Section 87.1231, Election Code, is amended to
13-2 read as follows:
13-3 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT.
13-4 [(a)] Not later than the time of the local canvass, the early
13-5 voting clerk shall deliver to the local canvassing authority a
13-6 report of the total number of early voting votes for each candidate
13-7 or measure by election precinct. The report may reflect the total
13-8 for votes by mail and the total for votes by personal appearance.
13-9 [(b) The early voting clerk may not report vote totals under
13-10 Subsection (a) for an election precinct in which fewer than five
13-11 votes are cast during the early voting period.]
13-12 SECTION 24. Section 87.125(a), Election Code, is amended to
13-13 read as follows:
13-14 (a) The early voting ballot board shall convene to count
13-15 ballots voted by mail described by Section 86.007(d) at the time
13-16 set by the presiding judge of the board [on]:
13-17 (1) on the sixth day after the date of a general
13-18 election for state and county officers; [or]
13-19 (2) on the second [fifth] day after the date of a
13-20 primary [or special] election, at a time following the last mail
13-21 delivery, or on an earlier day or at an earlier time if the early
13-22 voting clerk certifies that all ballots mailed from outside the
13-23 United States have been received; or
13-24 (3) not earlier than the third day or later than the
13-25 fifth day after the date of an election other than an election
13-26 described by Subdivision (1) or (2).
13-27 SECTION 25. Subchapter G, Chapter 87, Election Code, is
14-1 amended by adding Sections 87.126 and 87.127 to read as follows:
14-2 Sec. 87.126. UNLAWFULLY DIVULGING VOTE. (a) A person
14-3 commits an offense if the person was at the meeting place of an
14-4 early voting ballot board or signature verification committee for
14-5 any purpose and knowingly communicates to another person
14-6 information that the person obtained at the meeting place of the
14-7 board or committee about how a voter has voted.
14-8 (b) An offense under this section is a felony of the third
14-9 degree.
14-10 (c) This section does not apply to information presented in
14-11 an official investigation or other official proceeding in which the
14-12 information is relevant.
14-13 Sec. 87.127. UNLAWFULLY REVEALING INFORMATION BEFORE POLLS
14-14 CLOSE. (a) A person serving at the meeting place of an early
14-15 voting ballot board or signature verification committee in an
14-16 official capacity commits an offense if, before the polls close on
14-17 election day, the person reveals any of the following information
14-18 that the person obtained at the meeting place of the board or
14-19 committee:
14-20 (1) the number of votes that have been received for a
14-21 candidate or for or against a measure;
14-22 (2) a candidate's position relative to other
14-23 candidates in the tabulation of the votes;
14-24 (3) whether a measure is passing or failing;
14-25 (4) the names of persons who have or have not voted in
14-26 the election; or
14-27 (5) any determination about a voter's balloting
15-1 materials made by the board or committee under Section 87.027 or
15-2 87.041.
15-3 (b) An offense under this section is a Class C misdemeanor.
15-4 SECTION 26. Section 88.004, Election Code, is amended by
15-5 adding Subsection (d) to read as follows:
15-6 (d) An original or copy of the notice is not available for
15-7 public inspection until the early voting election returns are
15-8 delivered to the general custodian of election records after the
15-9 election.
15-10 SECTION 27. Section 102.003(b), Election Code, is amended to
15-11 read as follows:
15-12 (b) An application may be submitted after the last day of
15-13 the period for early voting by personal appearance and before 5 [2]
15-14 p.m. on election day.
15-15 SECTION 28. Section 104.003, Election Code, is amended to
15-16 read as follows:
15-17 Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this
15-18 chapter shall be conducted on election day, beginning at 7 [8] a.m.
15-19 and concluding at 7 [2] p.m., at the main early voting polling
15-20 place[, except that the voting shall begin at 7 a.m. and conclude
15-21 at 7 p.m. in an election in which mechanical voting machines are
15-22 used]. However, if the early voting ballots voted by mail are
15-23 processed at a location other than the main early voting polling
15-24 place, the early voting clerk may require the voting to be
15-25 conducted at that location.
15-26 SECTION 29. Section 112.006, Election Code, is amended to
15-27 read as follows:
16-1 Sec. 112.006. TIME AND PLACE FOR VOTING BY PERSONAL
16-2 APPEARANCE. A person may vote a limited ballot by personal
16-3 appearance only at the main early voting polling place on the days
16-4 and during the hours the main early voting polling place is open
16-5 through 7 p.m. on election day.
16-6 SECTION 30. Section 127.006, Election Code, is amended by
16-7 adding Subsection (e) to read as follows:
16-8 (e) To the extent possible, clerks appointed under this
16-9 section must be affiliated or aligned with different political
16-10 parties.
16-11 SECTION 31. Sections 127.130(d) and (e), Election Code, are
16-12 amended to read as follows:
16-13 (d) In [Subject to Subsection (e), in] any manual count
16-14 conducted under this code, a vote on a ballot on which a voter
16-15 indicates a vote by punching a hole in the ballot may not be
16-16 counted unless:
16-17 (1) at least two corners of the chad are detached; or
16-18 (2) light is visible through the hole[;]
16-19 [(3) an indentation on the chad from the stylus or
16-20 other object is present and indicates a clearly ascertainable
16-21 intent of the voter to vote; or]
16-22 [(4) the chad reflects by other means a clearly
16-23 ascertainable intent of the voter to vote].
16-24 [(e) Subsection (d) does not supersede any clearly
16-25 ascertainable intent of the voter.]
16-26 SECTION 32. Section 141.004, Election Code, is amended to
16-27 read as follows:
17-1 Sec. 141.004. EFFECT OF BOUNDARY CHANGE ON RESIDENCE
17-2 REQUIREMENT FOR POLITICAL SUBDIVISION [CITY OFFICE]. In
17-3 determining whether a person has complied with a residence
17-4 requirement under Section 141.001 or 141.003 for an [a city] office
17-5 of a political subdivision, residence in an area while the area was
17-6 not part of the territory from which the office is elected [city]
17-7 is considered as residence within the territory [city] if the area
17-8 is part of the territory [city] on the date that is the basis for
17-9 determining the applicable period of residence.
17-10 SECTION 33. Sections 146.051 and 146.055, Election Code, are
17-11 amended to read as follows:
17-12 Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
17-13 In an [a general] election for city officers, a write-in vote may
17-14 not be counted unless the name written in appears on the list of
17-15 write-in candidates.
17-16 Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS.
17-17 Subchapter B applies to write-in voting in an [a general] election
17-18 for city officers except to the extent of a conflict with this
17-19 subchapter.
17-20 SECTION 34. Section 173.011(b), Election Code, is amended to
17-21 read as follows:
17-22 (b) Any surplus remaining in a county primary fund shall be
17-23 remitted to the secretary of state [county clerk] immediately after
17-24 the final payment from the fund of the necessary expenses for
17-25 holding the primary elections for that year, but not later than
17-26 July 1 following the applicable primary election. The surplus in
17-27 the primary fund shall be remitted regardless of whether state
18-1 funds were requested by the chair. [Any surplus primary funds
18-2 received by the county clerk under this subsection may be used only
18-3 for paying the remaining expenses of the joint primary election.]
18-4 SECTION 35. Section 212.001, Election Code, is amended to
18-5 read as follows:
18-6 Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
18-7 recount document submitted under this title must:
18-8 (1) be in writing;
18-9 (2) identify the office or measure for which a recount
18-10 is desired;
18-11 (3) state the grounds for the recount;
18-12 (4) state the side of the measure that the person
18-13 requesting the recount represents, if applicable;
18-14 (5) identify the election precincts, grouped by county
18-15 or other appropriate territorial unit if the election involves more
18-16 than one local canvassing authority, for which a recount is desired
18-17 and must indicate the method of voting used in each precinct;
18-18 (6) be signed by:
18-19 (A) the person requesting the recount or, if
18-20 there is more than one, any one or more of them; or
18-21 (B) an agent of the person requesting the
18-22 recount;
18-23 (7) state each requesting person's name, residence
18-24 address, and, if authorization to obtain the recount is based on
18-25 eligibility to vote in the election, voter registration number, and
18-26 county of registration if the election covers territory in more
18-27 than one county;
19-1 (8) designate an agent who is a resident of this state
19-2 to receive notice under this title on behalf of the person
19-3 requesting the recount if:
19-4 (A) the person requesting the recount is not a
19-5 resident of this state; or
19-6 (B) there is more than one person requesting the
19-7 recount;
19-8 (9) state the mailing address and at least one
19-9 telephone number, if any, at which the person requesting the
19-10 recount or an agent, identified by name, may receive notice given
19-11 under this title; [and]
19-12 (10) state the mailing address and at least one
19-13 telephone number, if any, at which the opposing candidates for the
19-14 office or their agents, identified by name, may receive notice
19-15 given under this title; and
19-16 (11) be accompanied by a deposit as provided by
19-17 Subchapter E.
19-18 SECTION 36. Section 212.088(a), Election Code, is amended to
19-19 read as follows:
19-20 (a) If the deadline for submitting an expedited recount
19-21 petition falls on a Saturday, Sunday, or legal state holiday, the
19-22 deadline is extended to 5 p.m. [9 a.m.] of the next regular
19-23 business day.
19-24 SECTION 37. Section 212.111(b), Election Code, is amended to
19-25 read as follows:
19-26 (b) The [Except as provided by Subsection (c), the] deposit
19-27 must be in the form of cash or a cashier's check or money order
20-1 made payable to the recount coordinator.
20-2 SECTION 38. Section 271.011, Election Code, is amended by
20-3 adding Subsection (c) to read as follows:
20-4 (c) If one of the elections to be jointly canvassed is the
20-5 general election for state and county officers, the joint local
20-6 canvass may be conducted on the regular date prescribed for the
20-7 local canvass for the general election for state and county
20-8 officers.
20-9 SECTION 39. Section 277.002(a), Election Code, is amended to
20-10 read as follows:
20-11 (a) For a petition signature to be valid, a petition must:
20-12 (1) contain in addition to the signature:
20-13 (A) the signer's printed name;
20-14 (B) the signer's date of birth [and the signer's
20-15 voter registration number] and, if the territory from which
20-16 signatures must be obtained is situated in more than one county,
20-17 the county of registration;
20-18 (C) the signer's residence address; and
20-19 (D) the date of signing; and
20-20 (2) comply with any other applicable requirements
20-21 prescribed by law.
20-22 SECTION 40. Sections 13.072(e), 15.026, and 212.111(c),
20-23 Election Code, are repealed.
20-24 SECTION 41. This Act takes effect September 1, 1999.
20-25 SECTION 42. The importance of this legislation and the
20-26 crowded condition of the calendars in both houses create an
20-27 emergency and an imperative public necessity that the
21-1 constitutional rule requiring bills to be read on three several
21-2 days in each house be suspended, and this rule is hereby suspended.