1-1     By:  Danburg (Senate Sponsor - Shapleigh)             H.B. No. 3206
 1-2           (In the Senate - Received from the House May 13, 1999;
 1-3     May 14, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 9, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain election processes and procedures; providing
 1-9     criminal penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 1.005, Election Code, is amended by
1-12     adding Subdivision (25) to read as follows:
1-13                 (25)  "Electioneering" includes:
1-14                       (A)  wearing or holding a button, sticker, pin,
1-15     or other paraphernalia, including an article of clothing, relating
1-16     to a candidate, measure, or political party; or
1-17                       (B)  verbally communicating in any manner with
1-18     the intention of influencing voters.
1-19           SECTION 2.  Chapter 1, Election Code, is amended by adding
1-20     Section 1.017 to read as follows:
1-21           Sec. 1.017.  RELATIONSHIP INVOLVING INFORMAL MARRIAGE.  For
1-22     purposes of this code and any other law of this state relating to
1-23     the conduct of an election, a relationship involving marriage
1-24     includes an informal marriage described by Section 2.401, Family
1-25     Code.
1-26           SECTION 3.  Section 2.025, Election Code, is amended to read
1-27     as follows:
1-28           Sec. 2.025.  RUNOFF ELECTION DAY.  (a)  Except as otherwise
1-29     provided by this code [Subsection (b)], a runoff election shall be
1-30     held not earlier than the 20th or later than the 45th [30th] day
1-31     after the date the final canvass of the main election is completed.
1-32           (b)  A runoff election date later than [may be held after]
1-33     the period prescribed by Subsection (a) may be prescribed by a
1-34     home-rule city charter [law but not later than the 45th day after
1-35     the date the final canvass of the main election is completed only
1-36     to:]
1-37                 [(1)  permit a joint runoff election to be held with
1-38     another political subdivision in accordance with Chapter 271; or]
1-39                 [(2)  avoid holding the runoff on:]
1-40                       [(A)  a legal state or national holiday; or]
1-41                       [(B)  a weekend day within three days of a legal
1-42     state or national holiday].
1-43           (c)  This section [Subsection (b)] supersedes a law outside
1-44     this subchapter to the extent of a conflict notwithstanding Section
1-45     2.022.
1-46           SECTION 4.  Section 2.051(b), Election Code, is amended to
1-47     read as follows:
1-48           (b)  In the case of an election in which any members of the
1-49     political subdivision's governing body are elected from territorial
1-50     units such as single-member districts, this subchapter applies to
1-51     the election in a particular territorial unit [single-member
1-52     district] if[:]
1-53                 [(1)]  each candidate whose name is to appear on the
1-54     ballot in that territorial unit [district] is unopposed and no
1-55     at-large proposition or opposed at-large race is to appear on the
1-56     ballot.  This subchapter applies to an unopposed at-large race in
1-57     such an election regardless of whether an opposed race is to appear
1-58     on the ballot in a particular territorial unit[; and]
1-59                 [(2)  the requirements prescribed by Subsection (a) are
1-60     otherwise met].
1-61           SECTION 5.  Section 2.053(c), Election Code, is amended to
1-62     read as follows:
1-63           (c)  A certificate of election shall be issued to each
1-64     candidate in the same manner and at the same time as provided for a
 2-1     candidate elected at the election. The candidate must qualify for
 2-2     the office in the same manner as provided for a candidate elected
 2-3     at the election.
 2-4           SECTION 6.  Section 13.072(c), Election Code, is amended to
 2-5     read as follows:
 2-6           (c)  Except as provided by Subsection (d) [or (e)], if the
 2-7     registrar determines that an application does not comply with
 2-8     Section 13.002 or does not indicate that the applicant is eligible
 2-9     for registration, the registrar shall reject the application.
2-10           SECTION 7.  Section 13.073, Election Code, is amended by
2-11     adding Subsection (c) to read as follows:
2-12           (c)  If the registrar rejects an application for
2-13     incompleteness but receives a completed application not later than
2-14     the 10th day after the date the notice is delivered under
2-15     Subsection (a) or the date the incomplete application is returned
2-16     under Subsection (b), as applicable, the original date of
2-17     submission of the incomplete application is considered to be the
2-18     date of submission to the registrar for the purpose of determining
2-19     the effective date of registration.
2-20           SECTION 8.  Section 15.025, Election Code, is amended to read
2-21     as follows:
2-22           Sec. 15.025.  EFFECTIVE DATE OF CERTAIN CHANGES IN
2-23     REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE].  (a)
2-24     Except as provided by Subsections (b) and (d), the [The]
2-25     registration of a voter described by this subsection whose
2-26     information [residence] is changed on the registration records [to
2-27     another county election precinct in the same county] becomes
2-28     effective as to the change [in the precinct of new residence] on
2-29     the 30th day after:
2-30                 (1)  the date the voter submits to the registrar
2-31     [receives] a notice of a change in registration information under
2-32     Section 15.021 or a [voter's] response under Section 15.053,
2-33     indicating the change [of residence]; or
2-34                 (2)  the date the voter submits a statement of
2-35     residence to an election officer under Section 63.0011 or a
2-36     registration application or change of address to an agency employee
2-37     under Chapter 20, indicating the change [of residence].
2-38           (b)  A change in registration information covered by this
2-39     section is effective for purposes of early voting if it will be
2-40     effective on election day.
2-41           (c)  For purposes of determining the effective date of a
2-42     change in registration information covered by this section, a
2-43     document submitted by mail is considered to be submitted to the
2-44     registrar on the date it is placed with postage prepaid and
2-45     properly addressed in the United States mail. The date indicated by
2-46     the post office cancellation mark is considered to be the date the
2-47     document was placed in the mail unless proven otherwise.
2-48           (d)  If the 30th day before the date of an election is a
2-49     Saturday, Sunday, or legal state or national holiday, the document
2-50     is considered to be timely if it is submitted to the registrar on
2-51     or before the next regular business day.
2-52           SECTION 9.  Section 16.0332(a), Election Code, is amended to
2-53     read as follows:
2-54           (a)  After the registrar receives a list under  Section
2-55     62.113, Government Code, of persons excused or disqualified from
2-56     jury service because of citizenship status, the registrar shall
2-57     deliver to each registered voter who appears on the list a written
2-58     notice requiring the voter to provide proof of United States
2-59     citizenship in the form of a certified copy of the voter's birth
2-60     certificate, United States passport, or certificate of
2-61     naturalization or any other [a] form prescribed by the secretary of
2-62     state.  The notice shall be delivered by forwardable mail to the
2-63     mailing address on the voter's registration application and to any
2-64     new address of the voter known to the registrar.
2-65           SECTION 10.  Section 16.036(a), Election Code, is amended to
2-66     read as follows:
2-67           (a)  Immediately after cancellation of a voter's registration
2-68     under Section 16.031(a)(3), 16.033, [or] 16.0331, or 16.0332, the
2-69     registrar shall deliver written notice of the cancellation to the
 3-1     voter.
 3-2           SECTION 11.  Section 19.001(a), Election Code, is amended to
 3-3     read as follows:
 3-4           (a)  Before May 15 of each year, the registrar shall prepare
 3-5     and submit to the comptroller of public accounts a statement
 3-6     containing:
 3-7                 (1)  the total number of initial registrations for the
 3-8     previous voting year;
 3-9                 (2)  the total number of registrations canceled under
3-10     Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
3-11     voting year; and
3-12                 (3)  the total number of registrations for which
3-13     information was updated for the previous voting year.
3-14           SECTION 12.  Section 43.031, Election Code, is amended by
3-15     adding Subsection (e) to read as follows:
3-16           (e)  A polling place may not be located at the residence of a
3-17     person who is:
3-18                 (1)  a candidate for an elective office, including an
3-19     office of a political party; or
3-20                 (2)  related within the third degree by consanguinity
3-21     or the second degree by affinity, as determined under Chapter 573,
3-22     Government Code, to a candidate described by Subdivision (1).
3-23           SECTION 13.  Section 63.0101, Election Code, is amended to
3-24     read as follows:
3-25           Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  The
3-26     following documentation is acceptable as proof of identification
3-27     under this chapter:
3-28                 (1)  a driver's license or personal identification card
3-29     issued to the person by the Department of Public Safety or a
3-30     similar document issued to the person by an agency of another
3-31     state, regardless of whether the license or card has expired;
3-32                 (2)  a form of identification containing the person's
3-33     photograph that establishes the person's identity;
3-34                 (3)  a birth certificate or other document confirming
3-35     birth that is admissible in a court of law and establishes the
3-36     person's identity;
3-37                 (4)  United States citizenship papers issued to the
3-38     person;
3-39                 (5)  a United States passport issued to the person;
3-40                 (6)  pre-printed checks containing the person's name
3-41     that are issued for a financial institution doing business in this
3-42     state;
3-43                 (7)  official mail addressed to the person by name from
3-44     a governmental entity;
3-45                 (8)  two other forms of identification that establish
3-46     the person's identity; [or]
3-47                 (9)  an affidavit executed by a person who is working
3-48     at the polling place that attests to the identity of the voter, if
3-49     the voter does not have documentation described by Subdivisions
3-50     (1)-(8) in the voter's possession at the polling place at the time
3-51     of offering to vote; or
3-52                 (10)  any other form of identification prescribed by
3-53     the secretary of state.
3-54           SECTION 14.  Subchapter B, Chapter 83, Election Code, is
3-55     amended by adding Section 83.035 to read as follows:
3-56           Sec. 83.035.  DEPUTIES SERVING AT MAIN EARLY VOTING POLLING
3-57     PLACE IN CERTAIN ELECTIONS.  (a)  To the extent possible, deputy
3-58     early voting clerks appointed to serve at the main early voting
3-59     polling place for a primary election, the general election for
3-60     state and county officers, or a special election to fill a vacancy
3-61     in the legislature or in congress must be affiliated or aligned
3-62     with different political parties.
3-63           (b)  The secretary of state, after consulting the state chair
3-64     of each political party required to nominate candidates by primary
3-65     election, shall prescribe the procedures necessary to implement
3-66     this section.
3-67           SECTION 15.  Section 84.001, Election Code, is amended by
3-68     adding Subsection (f) to read as follows:
3-69           (f)  An applicant for a ballot to be voted by mail on the
 4-1     ground of age or disability may apply on the same application for
 4-2     ballots for each election in which the applicant may be eligible to
 4-3     vote in the calendar year.
 4-4           SECTION 16.  Section 84.032, Election Code, is amended by
 4-5     amending Subsection (b) and adding Subsection (e) to read as
 4-6     follows:
 4-7           (b)  A request must:
 4-8                 (1)  be in writing and signed by the applicant;
 4-9                 (2)  specify the election for which the application was
4-10     made; and
4-11                 (3)  except as provided by Subsection (c), [or] (d), or
4-12     (e), be received by the early voting clerk:
4-13                       (A)  not later than the third day before election
4-14     day; and
4-15                       (B)  if an early voting ballot sent to the
4-16     applicant is returned to the clerk as a marked ballot, before the
4-17     marked ballot's arrival at the address on the carrier envelope.
4-18           (e)  An applicant may also submit a request at any time after
4-19     the early voting ballot is returned to the early voting clerk as a
4-20     marked ballot and before the ballot is delivered to the early
4-21     voting ballot board by appearing in person and executing an
4-22     affidavit that the applicant did not mark the ballot.
4-23           SECTION 17.  Sections 85.036(a) and (b), Election Code, are
4-24     amended to read as follows:
4-25           (a)  Except as provided by Subsection (b), during  the time
4-26     an early voting polling place is open for the conduct of early
4-27     voting, a person may not electioneer for or against any candidate,
4-28     measure, or political party in or within a certain distance from
4-29     the building or structure in which the early voting polling place
4-30     is located, as follows:
4-31                 (1)  for a building containing the main early voting
4-32     polling place, a person may not electioneer in the room in which
4-33     the polling place is located or within 100 [30] feet of the
4-34     entrance to the room in which the polling place is located;
4-35                 (2)  for a building that is also used as a precinct
4-36     polling place, a person may not electioneer within 100 feet of an
4-37     outside door through which a voter may enter the building in which
4-38     the polling place is located; and
4-39                 (3)  for any other structure, a person may not
4-40     electioneer within 100 [30] feet of the entrance to the voting
4-41     area.
4-42           (b)  For a county courthouse, subcourthouse, or courthouse
4-43     annex, a person may not electioneer in the building or within 100
4-44     [30] feet of an outside door through which a voter may enter the
4-45     building in which the polling place is located if the commissioners
4-46     court issues an order to that effect.  The order must be recorded
4-47     in the commissioners court's minutes not later than the 10th day
4-48     before the date early voting is to be conducted in the building.
4-49           SECTION 18.  Section 86.003(d), Election Code, is amended to
4-50     read as follows:
4-51           (d)  If the applicable address specified in a voter's
4-52     application is an address other than that prescribed by Subsection
4-53     (c) but is in the voter's county of residence, a form for a
4-54     statement of residence shall be provided to the voter in accordance
4-55     with Section 86.002.  If the applicable address specified in the
4-56     application is an address other than that prescribed by Subsection
4-57     (c) and is not in the voter's county of residence, the voter's
4-58     application shall be rejected in accordance with Section 86.001(c).
4-59           SECTION 19.  Section 86.007, Election Code, is amended to
4-60     read as follows:
4-61           Sec. 86.007.  DEADLINE FOR RETURNING MARKED BALLOT.  (a)  A
4-62     [Except as provided by Subsection (d), a] marked ballot voted by
4-63     mail shall be counted if:
4-64                 (1)  [must arrive at the address on] the carrier
4-65     envelope was placed for delivery before the time the polls are
4-66     required to close on election day; and
4-67                 (2)  the ballot arrives at the address on the carrier
4-68     envelope not later than:
4-69                       (A)  the fifth day after the date of the general
 5-1     election for state and county officers; or
 5-2                       (B)  the second day after the date of an election
 5-3     other than the general election for state and county officers.
 5-4           (b)  [If the early voting clerk cannot determine whether a
 5-5     ballot arrived before the deadline, the ballot is considered to
 5-6     have arrived at the time the place at which the carrier envelopes
 5-7     are deposited was last inspected for removal of returned ballots.
 5-8     The clerk shall check for returned ballots, at least once before
 5-9     the deadline, after the normal delivery time on the last day at the
5-10     place at which the carrier envelopes are deposited.]
5-11           [(c)]  A marked ballot that is not timely returned may not be
5-12     counted.
5-13           (c) [(d)  A marked ballot voted by mail that arrives after
5-14     the time prescribed by Subsection (a) shall be counted if:]
5-15                 [(1)  the ballot was cast from an address outside the
5-16     United States;]
5-17                 [(2)  the carrier envelope was placed for delivery
5-18     before the time the ballot is required to arrive under Subsection
5-19     (a); and]
5-20                 [(3)  the ballot arrives at the address on the carrier
5-21     envelope not later than:]
5-22                       [(A)  the fifth day after the date of the general
5-23     election for state and county officers; or]
5-24                       [(B)  the second day after the date of an
5-25     election other than the general election for state and county
5-26     officers.]
5-27           [(e)]  A delivery under Subsection (a)(1) [(d)(2)] is timely,
5-28     except as otherwise provided by this title, if the carrier envelope
5-29     or, if applicable, the envelope containing the carrier envelope:
5-30                 (1)  is properly addressed with postage or handling
5-31     charges prepaid;
5-32                 [(2)  is sent from an address outside the United
5-33     States;] and
5-34                 (2) [(3)]  bears a cancellation mark of a recognized
5-35     postal service or a receipt mark of a common or contract carrier or
5-36     a courier indicating a time before the deadline.
5-37           (d) [(f)  If the envelope does not bear the cancellation mark
5-38     or receipt mark as required by Subsection (e)(3), a delivery under
5-39     Subsection (d)(1) is presumed to be timely if the other
5-40     requirements under this section are met.]  Section 1.006 does not
5-41     apply to Subsection (a)(2) [(d)(3)](A).
5-42           (e) [(g)]  The secretary of state shall prescribe procedures
5-43     as necessary to implement Subsection (a) [(d)].
5-44           SECTION 20.  Section 87.0241, Election Code, is amended by
5-45     amending Subsection (b) and adding Subsection (c) to read as
5-46     follows:
5-47           (b)  The board may not count early voting ballots until:
5-48                 (1)  the polls open on election day; or
5-49                 (2)  in an election conducted by an authority of a
5-50     county with a population of 100,000 or more or conducted jointly
5-51     with such a county, the end of the period for early voting by
5-52     personal appearance.
5-53           (c)  The secretary of state shall prescribe any procedures
5-54     necessary for implementing this section in regard to elections
5-55     described by Subsection (b)(2).
5-56           SECTION 21.  Section 87.026, Election Code, is amended to
5-57     read as follows:
5-58           Sec. 87.026.  BYSTANDERS EXCLUDED.  Except as permitted by
5-59     this code, a person may not be in the meeting place of an early
5-60     voting ballot board or signature verification committee during the
5-61     time of the board's or committee's operations.
5-62           SECTION 22.  Section 87.027(f), Election Code, is amended to
5-63     read as follows:
5-64           (f)  The early voting clerk shall determine the place, day or
5-65     days, and hours of operation of the signature verification
5-66     committee and shall state that information in the order calling for
5-67     the committee's appointment.  A committee may not begin operating
5-68     before the 20th day before election day and may not continue
5-69     operating after 5 p.m. of the fourth day before election day unless
 6-1     that period is extended by written order of the presiding judge of
 6-2     the early voting ballot board.
 6-3           SECTION 23.  Section 87.0271(a), Election Code, is amended to
 6-4     read as follows:
 6-5           (a)  A signature verification committee shall be appointed in
 6-6     the general election for state and county officers [on receipt] by
 6-7     the early voting clerk on the submission of a written request for
 6-8     the committee [submitted] by at least 15 registered voters of the
 6-9     county.  The request must be submitted not later than the preceding
6-10     October 1, and a request submitted by mail is considered to be
6-11     submitted at the time of its receipt by the clerk.  Except as
6-12     provided by this section, Section 87.027 applies to the committee.
6-13           SECTION 24.  Section 87.041(b), Election Code, is amended to
6-14     read as follows:
6-15           (b)  A ballot may be accepted only if:
6-16                 (1)  the carrier envelope certificate is properly
6-17     executed;
6-18                 (2)  neither the voter's signature on the ballot
6-19     application nor the signature on the carrier envelope certificate
6-20     is determined to have been executed by a person other than the
6-21     voter, unless signed by a witness;
6-22                 (3)  the voter's ballot application states a legal
6-23     ground for early voting by mail;
6-24                 (4)  the voter is registered to vote, if registration
6-25     is required by law;
6-26                 (5)  the address to which the ballot was mailed to the
6-27     voter, as indicated by the application, was outside the voter's
6-28     county of residence, if the ground for early voting is absence from
6-29     the county of residence; [and]
6-30                 (6)  for a voter to whom a statement of residence form
6-31     was required to be sent under Section 86.002(a), the statement of
6-32     residence is returned in the carrier envelope and indicates that
6-33     the voter satisfies the residence requirements prescribed by
6-34     Section 63.0011; and
6-35                 (7)  the address to which the ballot was mailed to the
6-36     voter is an address that is otherwise required by Sections 84.002
6-37     and 86.003.
6-38           SECTION 25.  Section 87.0431, Election Code, is amended to
6-39     read as follows:
6-40           Sec. 87.0431.  NOTICE OF REJECTED BALLOT.  (a)  Not later
6-41     than the 10th day after election day, the presiding judge of the
6-42     early voting ballot board shall deliver written notice of the
6-43     reason for the rejection of a ballot to the voter at the residence
6-44     address on the ballot application.
6-45           (b)  An original or copy of the notice is not available for
6-46     public inspection until the early voting election returns are
6-47     delivered to the general custodian of election records after the
6-48     election.
6-49           SECTION 26.  Section 87.1231, Election Code, is amended to
6-50     read as follows:
6-51           Sec. 87.1231.  EARLY VOTING VOTES REPORTED BY PRECINCT.
6-52     [(a)]  Not later than the time of the local canvass, the early
6-53     voting clerk shall deliver to the local canvassing authority a
6-54     report of the total number of early voting votes for each candidate
6-55     or measure by election precinct. The report may reflect the total
6-56     for votes by mail and the total for votes by personal appearance.
6-57           [(b)  The early voting clerk may not report vote totals under
6-58     Subsection (a) for an election precinct in which fewer than five
6-59     votes are cast during the early voting period.]
6-60           SECTION 27.  Section 87.125(a), Election Code, is amended to
6-61     read as follows:
6-62           (a)  The early voting ballot board shall convene to count
6-63     ballots voted by mail that arrive after the time the polls are
6-64     required to close on election day and before the period described
6-65     by Section 86.007(a)(2) at the time set by the presiding judge of
6-66     the board [86.007(d) on]:
6-67                 (1)  on the sixth day after the date of a general
6-68     election for state and county officers; [or]
6-69                 (2)  on the second [fifth] day after the date of a
 7-1     primary [or special] election, at a time following the last mail
 7-2     delivery, or on an earlier day or at an earlier time if the early
 7-3     voting clerk certifies that all affected ballots have been
 7-4     received; or
 7-5                 (3)  not earlier than the third day or later than the
 7-6     fifth day after the date of an election other than an election
 7-7     described by Subdivision (1) or (2).
 7-8           SECTION 28.  Subchapter G, Chapter 87, Election Code, is
 7-9     amended by adding Sections 87.126 and 87.127 to read as follows:
7-10           Sec. 87.126.  UNLAWFULLY DIVULGING VOTE.  (a)  A person
7-11     commits an offense if the person was at the meeting place of an
7-12     early voting ballot board or signature verification committee for
7-13     any purpose and knowingly communicates to another person
7-14     information that the person obtained at the meeting place of the
7-15     board or committee about how a voter has voted.
7-16           (b)  An offense under this section is a felony of the third
7-17     degree.
7-18           (c)  This section does not apply to information presented in
7-19     an official investigation or other official proceeding in which the
7-20     information is relevant.
7-21           Sec. 87.127.  UNLAWFULLY REVEALING INFORMATION BEFORE POLLS
7-22     CLOSE.  (a)  A person serving at the meeting place of an early
7-23     voting ballot board or signature verification committee in an
7-24     official capacity commits an offense if, before the polls close on
7-25     election day, the person reveals any of the following information
7-26     that the person obtained at the meeting place of the board or
7-27     committee:
7-28                 (1)  the number of votes that have been received for a
7-29     candidate or for or against a measure;
7-30                 (2)  a candidate's position relative to other
7-31     candidates in the tabulation of the votes;
7-32                 (3)  whether a measure is passing or failing;
7-33                 (4)  the names of persons who have or have not voted in
7-34     the election; or
7-35                 (5)  any determination about a voter's balloting
7-36     materials made by the board or committee under Section 87.027 or
7-37     87.041.
7-38           (b)  An offense under this section is a Class C misdemeanor.
7-39           SECTION 29.  Section 88.004, Election Code, is amended by
7-40     adding Subsection (d) to read as follows:
7-41           (d)  An original or copy of the notice is not available for
7-42     public inspection until the early voting election returns are
7-43     delivered to the general custodian of election records after the
7-44     election.
7-45           SECTION 30.  Section 102.003(b), Election Code, is amended to
7-46     read as follows:
7-47           (b)  An application may be submitted after the last day of
7-48     the period for early voting by personal appearance and before 5 [2]
7-49     p.m.  on election day.
7-50           SECTION 31.  Section 104.003, Election Code, is amended to
7-51     read as follows:
7-52           Sec. 104.003.  TIME AND PLACE FOR VOTING.  Voting under this
7-53     chapter shall be conducted on election day, beginning at 7 [8] a.m.
7-54     and concluding at 7 [2] p.m., at the main early voting polling
7-55     place[, except that the voting shall begin at 7 a.m. and conclude
7-56     at 7 p.m. in an election in which mechanical voting machines are
7-57     used].  However, if the early voting ballots voted by mail are
7-58     processed at a location other than the main early voting polling
7-59     place, the early voting clerk may require the voting to be
7-60     conducted at that location.
7-61           SECTION 32.  Section 112.006, Election Code, is amended to
7-62     read as follows:
7-63           Sec. 112.006.  TIME AND PLACE FOR VOTING BY PERSONAL
7-64     APPEARANCE.  A person may vote a limited ballot by personal
7-65     appearance only at the main early voting polling place on the days
7-66     and during the hours the main early voting polling place is open
7-67     through 7 p.m. on election day.
7-68           SECTION 33.  Subchapter C, Chapter 125, Election Code, is
7-69     amended by adding Section 125.0611 to read as follows:
 8-1           Sec. 125.0611.  PROVIDING SEPARATE BALLOT PART FOR WRITE-IN
 8-2     VOTING.  (a)  If an electronic system ballot includes a separate
 8-3     write-in part under Section 124.064, that part shall be provided
 8-4     with the electronic system ballot.
 8-5           (b)  A voter may not be required to request the separate
 8-6     write-in part as a condition to being provided that part.
 8-7           SECTION 34.  Section 127.006, Election Code, is amended by
 8-8     adding Subsection (e) to read as follows:
 8-9           (e)  To the extent possible, clerks appointed under this
8-10     section must be affiliated or aligned with different political
8-11     parties.
8-12           SECTION 35.  Sections 127.130(d) and (e), Election Code, are
8-13     amended to read as follows:
8-14           (d)  In [Subject to Subsection (e), in] any manual count
8-15     conducted under this code, a vote on a ballot on which a voter
8-16     indicates a vote by punching a hole in the ballot may not be
8-17     counted unless:
8-18                 (1)  at least two corners of the chad are detached; or
8-19                 (2)  light is visible through the hole[;]
8-20                 [(3)  an indentation on the chad from the stylus or
8-21     other object is present and indicates a clearly ascertainable
8-22     intent of the voter to vote; or]
8-23                 [(4)  the chad reflects by other means a clearly
8-24     ascertainable intent of the voter to vote].
8-25           [(e)  Subsection (d) does not supersede any clearly
8-26     ascertainable intent of the voter.]
8-27           SECTION 36.  Section 141.004, Election Code, is amended to
8-28     read as follows:
8-29           Sec. 141.004.  EFFECT OF BOUNDARY CHANGE ON RESIDENCE
8-30     REQUIREMENT FOR POLITICAL SUBDIVISION [CITY OFFICE].  In
8-31     determining whether a person has complied with a residence
8-32     requirement under Section 141.001 or 141.003 for an [a city] office
8-33     of a political subdivision, residence in an area while the area was
8-34     not part of the territory from which the office is elected [city]
8-35     is considered as residence within the territory [city] if the area
8-36     is part of the territory [city] on the date that is the basis for
8-37     determining the applicable period of residence.
8-38           SECTION 37.  Sections 146.051 and 146.055, Election Code, are
8-39     amended to read as follows:
8-40           Sec. 146.051.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
8-41     In an [a general] election for city officers, a write-in vote may
8-42     not be counted unless the name written in appears on the list of
8-43     write-in candidates.
8-44           Sec. 146.055.  APPLICABILITY OF OTHER CODE PROVISIONS.
8-45     Subchapter B applies to write-in voting in an [a general] election
8-46     for city officers except to the extent of a conflict with this
8-47     subchapter.
8-48           SECTION 38.  Section 173.011(b), Election Code, is amended to
8-49     read as follows:
8-50           (b)  Any surplus remaining in a county primary fund shall be
8-51     remitted to the secretary of state [county clerk] immediately after
8-52     the final payment from the fund of the necessary expenses for
8-53     holding the primary elections for that year, but not later than
8-54     July 1 following the applicable primary election.  The surplus in
8-55     the primary fund shall be remitted regardless of whether state
8-56     funds were requested by the chair.  [Any surplus primary funds
8-57     received by the county clerk under this subsection may be used only
8-58     for paying the remaining expenses of the joint primary election.]
8-59           SECTION 39.  Section 212.001, Election Code, is amended to
8-60     read as follows:
8-61           Sec. 212.001.  GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT.  A
8-62     recount document submitted under this title must:
8-63                 (1)  be in writing;
8-64                 (2)  identify the office or measure for which a recount
8-65     is desired;
8-66                 (3)  state the grounds for the recount;
8-67                 (4)  state the side of the measure that the person
8-68     requesting the recount represents, if applicable;
8-69                 (5)  identify the election precincts, grouped by county
 9-1     or other appropriate territorial unit if the election involves more
 9-2     than one local canvassing authority, for which a recount is desired
 9-3     and must indicate the method of voting used in each precinct;
 9-4                 (6)  be signed by:
 9-5                       (A)  the person requesting the recount or, if
 9-6     there is more than one, any one or more of them; or
 9-7                       (B)  an agent of the person requesting the
 9-8     recount;
 9-9                 (7)  state each requesting person's name, residence
9-10     address, and, if authorization to obtain the recount is based on
9-11     eligibility to vote in the election, voter registration number, and
9-12     county of registration if the election covers territory in more
9-13     than one county;
9-14                 (8)  designate an agent who is a resident of this state
9-15     to receive notice under this title on behalf of the person
9-16     requesting the recount if:
9-17                       (A)  the person requesting the recount is not a
9-18     resident of this state; or
9-19                       (B)  there is more than one person requesting the
9-20     recount;
9-21                 (9)  state the mailing address and at least one
9-22     telephone number, if any, at which the person requesting the
9-23     recount or an agent, identified by name, may receive notice given
9-24     under this title; [and]
9-25                 (10)  state the mailing address and at least one
9-26     telephone number, if any, at which the opposing candidates for the
9-27     office or their agents, identified by name, may receive notice
9-28     given under this title; and
9-29                 (11)  be accompanied by a deposit as provided by
9-30     Subchapter E.
9-31           SECTION 40.  Section 212.088(a), Election Code, is amended to
9-32     read as follows:
9-33           (a)  If the deadline for submitting an expedited recount
9-34     petition falls on a Saturday, Sunday, or legal state holiday, the
9-35     deadline is extended to 5 p.m. [9 a.m.] of the next regular
9-36     business day.
9-37           SECTION 41.  Section 212.111(b), Election Code, is amended to
9-38     read as follows:
9-39           (b)  The [Except as provided by Subsection (c), the] deposit
9-40     must be in the form of cash or a cashier's check or money order
9-41     made payable to the recount coordinator.
9-42           SECTION 42.  Section 271.011, Election Code, is amended by
9-43     adding Subsection (c) to read as follows:
9-44           (c)  If one of the elections to be jointly canvassed is the
9-45     general election for state and county officers, the joint local
9-46     canvass may be conducted on the regular date prescribed for the
9-47     local canvass for the general election for state and county
9-48     officers.
9-49           SECTION 43.  Sections 13.072(e), 15.026, and 212.111(c),
9-50     Election Code, are repealed.
9-51           SECTION 44.  This Act takes effect September 1, 1999.
9-52           SECTION 45.  The importance of this legislation and the
9-53     crowded condition of the calendars in both houses create an
9-54     emergency and an imperative public necessity that the
9-55     constitutional rule requiring bills to be read on three several
9-56     days in each house be suspended, and this rule is hereby suspended.
9-57                                  * * * * *