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 * * * * *