By Janek H.B. No. 3411
76R5415 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.025, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
1-7 provided by this code [Subsection (b)], a runoff election shall be
1-8 held on the 28th [not earlier than the 20th or later than the 30th]
1-9 day after the date [the final canvass] of the main election [is
1-10 completed].
1-11 (b) The [A] runoff election shall [may] be held on the
1-12 seventh day after the regularly scheduled date if that date falls
1-13 [after the period prescribed by law but not later than the 45th day
1-14 after the date the final canvass of the main election is completed
1-15 only to:]
1-16 [(1) permit a joint runoff election to be held with
1-17 another political subdivision in accordance with Chapter 271; or]
1-18 [(2) avoid holding the runoff] on:
1-19 (1) [(A)] a legal state or national holiday; or
1-20 (2) [(B)] a weekend day within three days of a legal
1-21 state or national holiday.
1-22 (c) This section [Subsection (b)] supersedes a law outside
1-23 this subchapter to the extent of a conflict notwithstanding Section
1-24 2.022.
2-1 SECTION 2. Section 11.002, Election Code, is amended to read
2-2 as follows:
2-3 Sec. 11.002. QUALIFIED VOTER. In this code, "qualified
2-4 voter" means a person who:
2-5 (1) is 18 years of age or older;
2-6 (2) is a United States citizen;
2-7 (3) has not been determined mentally incompetent by a
2-8 final judgment of a court;
2-9 (4) has not been finally convicted of a felony or, if
2-10 so convicted, has[:]
2-11 [(A) fully discharged the person's sentence,
2-12 including any term of incarceration, parole, or supervision, or
2-13 completed a period of probation ordered by any court; or]
2-14 [(B)] been pardoned or otherwise released from
2-15 the resulting disability to vote;
2-16 (5) is a resident of this state; and
2-17 (6) is a registered voter.
2-18 SECTION 3. Section 12.006, Election Code, is amended by
2-19 adding Subsection (e) to read as follows:
2-20 (e) A regular deputy registrar shall comply with Sections
2-21 13.033 and 13.040 in the same manner as a volunteer deputy
2-22 registrar.
2-23 SECTION 4. Section 13.001(a), Election Code, is amended to
2-24 read as follows:
2-25 (a) To be eligible for registration as a voter in this
2-26 state, a person must:
2-27 (1) be 18 years of age or older;
3-1 (2) be a United States citizen;
3-2 (3) not have been determined mentally incompetent by a
3-3 final judgment of a court;
3-4 (4) not have been finally convicted of a felony or, if
3-5 so convicted, must have[:]
3-6 [(A) fully discharged the person's sentence,
3-7 including any term of incarceration, parole, or supervision, or
3-8 completed a period of probation ordered by any court; or]
3-9 [(B)] been pardoned or otherwise released from
3-10 the resulting disability to vote; and
3-11 (5) be a resident of the county in which application
3-12 for registration is made.
3-13 SECTION 5. Section 20.032, Election Code, is amended by
3-14 adding Subsection (e) to read as follows:
3-15 (e) An agency employee who provides voter registration
3-16 assistance under this section shall comply with Sections 13.033 and
3-17 13.040 in the same manner as a volunteer deputy registrar.
3-18 SECTION 6. Section 31.093, Election Code, is amended to read
3-19 as follows:
3-20 Sec. 31.093. DUTY TO CONTRACT. (a) If requested to do so
3-21 by a political subdivision or political party, the county clerk or
3-22 county elections administrator shall enter into a contract to
3-23 furnish the election services requested, in accordance with a cost
3-24 schedule agreed on by the contracting parties. If the contracting
3-25 parties are unable to reach an agreement, on referral by either
3-26 party, the secretary of state shall either prescribe terms that the
3-27 clerk or administrator must accept or instruct the clerk or
4-1 administrator to decline to enter into a contract with the
4-2 requesting party.
4-3 (b) A county clerk or county elections administrator may,
4-4 but is not required to, enter into a contract to conduct a training
4-5 program for election judges and clerks.
4-6 SECTION 7. Section 31.100(d), Election Code, is amended to
4-7 read as follows:
4-8 (d) The county election officer may not be personally
4-9 compensated for election services performed under an election
4-10 services contract. A fee charged by the officer for general
4-11 supervision of the election may not exceed 25 [10] percent of the
4-12 total amount of the contract, but may not be less than $75.
4-13 SECTION 8. Section 32.002, Election Code, is amended by
4-14 adding Subsection (f) to read as follows:
4-15 (f) For purposes of determining which political party's
4-16 candidate for governor received the highest and second highest
4-17 number of votes in a precinct, the secretary of state shall
4-18 prescribe procedures to allow for the allocation of votes received
4-19 in a gubernatorial general election to a precinct that did not
4-20 exist or that had different boundaries in that election.
4-21 SECTION 9. Section 32.033, Election Code, is amended to read
4-22 as follows:
4-23 Sec. 32.033. NUMBER OF CLERKS. (a) The presiding judge
4-24 [authority that appoints the election judges] shall appoint
4-25 [prescribe the maximum number of] clerks in the number the judge
4-26 considers necessary for the proper conduct of the [that each
4-27 presiding judge may appoint for each] election. [The authority may
5-1 prescribe different maximums for different types of elections.]
5-2 (b) For an election other than an election ordered by the
5-3 governor or a county authority in which the regular county election
5-4 precincts are required to be used [Except as provided by
5-5 Subsection (c)], the presiding judge shall appoint at least two
5-6 clerks for each precinct in each election [and may appoint as many
5-7 additional clerks, within the prescribed limit, as are necessary
5-8 for the proper conduct of the election.]
5-9 [(c) In each election ordered by the governor or a county
5-10 authority in which the regular county election precincts are
5-11 required to be used, the presiding judge shall appoint clerks for
5-12 each precinct in the number, within the prescribed limit, the judge
5-13 considers necessary for the proper conduct of the election].
5-14 SECTION 10. Sections 33.007(a) and (b), Election Code, are
5-15 amended to read as follows:
5-16 (a) Each appointing authority may appoint not more than five
5-17 [two] watchers for each precinct polling place, meeting place for
5-18 an early voting ballot board, or central counting station involved
5-19 in the election.
5-20 (b) Each appointing authority may appoint not more than
5-21 seven watchers for each main or branch early voting polling place
5-22 involved in the election. Not more than five [two] watchers
5-23 appointed by the same authority may be on duty at the same early
5-24 voting polling place at the same time.
5-25 SECTION 11. Section 33.031, Election Code, is amended to
5-26 read as follows:
5-27 Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except
6-1 as provided by Subsection (b), to [To] be eligible to serve as a
6-2 watcher, a person must be a qualified voter.
6-3 (b) To be eligible to serve as a watcher in[:]
6-4 [(1) of the county in which the person is to serve, in
6-5 an election ordered by the governor or a county authority or in a
6-6 primary election;]
6-7 [(2) of the part of the county in which the election
6-8 is held, in an election ordered by the governor or a county
6-9 authority that does not cover the entire county of the person's
6-10 residence; and]
6-11 [(3) of the political subdivision, in] an election
6-12 ordered by an authority of a political subdivision other than a
6-13 county, a person must be a qualified voter of the political
6-14 subdivision.
6-15 (c) [(b)] The Alcoholic Beverage Code supersedes this
6-16 section to the extent of any conflict.
6-17 SECTION 12. Section 33.051(c), Election Code, is amended to
6-18 read as follows:
6-19 (c) A watcher may [not] be accepted for service if the
6-20 watcher has possession of any mechanical or electronic means of
6-21 recording images or sound. The presiding judge shall monitor the
6-22 use [may inquire whether a watcher has possession] of any
6-23 [prohibited] recording device as part of the judge's duty to
6-24 preserve order and prevent breaches of the peace and violations of
6-25 this code at the polling place. The secretary of state shall
6-26 prescribe procedures as necessary for the implementation of this
6-27 subsection [before accepting the watcher for service].
7-1 SECTION 13. Section 33.052, Election Code, is amended to
7-2 read as follows:
7-3 Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE.
7-4 [(a)] A watcher at a precinct polling place may begin service at
7-5 any time after the presiding judge arrives at the polling place on
7-6 election day and may remain at the polling place until the
7-7 presiding judge and the clerks complete their duties there. The
7-8 watcher may serve during the hours the watcher chooses [A watcher
7-9 may not be accepted for service unless the watcher is present at
7-10 the time the polls are opened for voting.]
7-11 [(b) A watcher may not leave the polling place during the
7-12 time the polls are open unless the presiding judge gives the
7-13 watcher permission to be absent for a meal or other necessary
7-14 activity. If the presiding judge permits the clerks to leave the
7-15 polling place temporarily during the time the polls are open, the
7-16 judge must grant the same privilege to watchers.]
7-17 [(c) A watcher who votes at another polling place in the
7-18 same election or in another election held on the same day must be
7-19 permitted to leave the polling place for the purpose of voting
7-20 during the first two hours after the polls open if the watcher has
7-21 not already voted in the election.]
7-22 [(d) If a watcher leaves the polling place without
7-23 permission before the time for closing the polls, the presiding
7-24 judge may refuse to readmit the watcher.]
7-25 [(e) A watcher may leave the polling place after the time
7-26 for closing the polls without obtaining permission, and the
7-27 presiding judge shall readmit the watcher on request].
8-1 SECTION 14. Section 41.001, Election Code, is amended by
8-2 amending Subsections (a) and (b) and adding Subsection (e) to read
8-3 as follows:
8-4 (a) Except as otherwise provided by this subchapter, each
8-5 general or special election in this state shall be held on one of
8-6 the following dates:
8-7 (1) the third Saturday in January;
8-8 (2) the fourth [first] Saturday in March [May];
8-9 (3) the third [second] Saturday in September [August];
8-10 or
8-11 (4) the first Tuesday after the first Monday in
8-12 November.
8-13 (b) Subsection (a) does not apply to:
8-14 (1) a runoff election;
8-15 (2) [a local option election held under the Alcoholic
8-16 Beverage Code;]
8-17 [(3) an election for the issuance or assumption of
8-18 bonds or the levy of a tax for the maintenance of a public school
8-19 or college, if the governing body of the political subdivision
8-20 issuing or assuming the bonds or levying the tax, by resolution,
8-21 order, or ordinance, finds that holding the election on a date
8-22 other than a uniform election date is in the public interest, which
8-23 finding is conclusive and incontestable;]
8-24 [(4)] an election to resolve a tie vote;
8-25 (3) [(5)] an election held under an order of a court
8-26 or other tribunal;
8-27 (4) [(6)] an emergency election ordered under Section
9-1 41.0011;
9-2 (5) [(7)] an expedited election to fill a vacancy in
9-3 the legislature held under Section 203.013; or
9-4 (6) [(8) an election held by a political subdivision
9-5 using the convention method of election;]
9-6 [(9)] an election held under a statute that expressly
9-7 provides that the requirement of Subsection (a) does not apply to
9-8 the election[; or]
9-9 [(10) an election to recall an officer of a political
9-10 subdivision].
9-11 (e) An election in which a majority vote is required may not
9-12 be held on the September uniform election date.
9-13 SECTION 15. Section 41.0052(a), Election Code, is amended to
9-14 read as follows:
9-15 (a) The governing body of a political subdivision other than
9-16 a county may, not later than December 31, 2001 [1997], change the
9-17 date on which it holds its general election for officers to another
9-18 authorized uniform election date. An election on the new date may
9-19 not be held before 2002 [1998].
9-20 SECTION 16. Sections 41.007(a), (b), and (c), Election Code,
9-21 are amended to read as follows:
9-22 (a) The general primary election date is the second Saturday
9-23 in May [second Tuesday in March] in each even-numbered year.
9-24 (b) The runoff primary election date is the second Saturday
9-25 in June [second Tuesday in April] following the general primary
9-26 election.
9-27 (c) The presidential primary election date is the second
10-1 Saturday in May [second Tuesday in March] in each presidential
10-2 election year.
10-3 SECTION 17. Section 42.002, Election Code, is amended to
10-4 read as follows:
10-5 Sec. 42.002. Required Use of County Precincts. (a) The
10-6 county election precincts are the election precincts for the
10-7 following elections:
10-8 (1) the general election for state and county
10-9 officers;
10-10 (2) a special election ordered by the governor;
10-11 (3) a primary election; [and]
10-12 (4) a countywide election ordered by the commissioners
10-13 court, county judge, or other county authority, except an election
10-14 subject to Section 42.062(2); and
10-15 (5) a joint election, to the extent provided by
10-16 Section 42.0621.
10-17 (b) Except as provided by Sections 42.008, [and] 42.009, and
10-18 42.0621, county election precincts may not be consolidated for an
10-19 election.
10-20 SECTION 18. Subchapter C, Chapter 42, Election Code, is
10-21 amended by adding Section 42.0621 to read as follows:
10-22 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
10-23 election, the participating political subdivisions shall use the
10-24 regular county election precincts in the parts of the political
10-25 subdivisions that contain the same territory. Two or more of the
10-26 county election precincts may be consolidated into a single
10-27 precinct if the polling place is located so that it will adequately
11-1 serve the voters of the consolidated precinct.
11-2 (b) Each political subdivision participating in a joint
11-3 election shall establish election precincts in the territory of
11-4 that political subdivision that is not common with territory of
11-5 another participating political subdivision. One or more separate
11-6 precincts may be established in that territory, or that territory
11-7 may be consolidated into one or more precincts established in the
11-8 common territory.
11-9 SECTION 19. Subchapter A, Chapter 43, Election Code, is
11-10 amended by adding Section 43.0051 to read as follows:
11-11 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a)
11-12 The authorities establishing joint election precincts under Section
11-13 42.0621 shall designate the regular county polling place as the
11-14 joint election polling place for each regular county election
11-15 precinct used in the joint election unless the regular county
11-16 polling place is unavailable, in which case the authorities shall
11-17 designate another location. If county election precincts are
11-18 consolidated for the joint election, the authorities shall
11-19 designate the location of the polling place for each consolidated
11-20 precinct.
11-21 (b) Each political subdivision participating in a joint
11-22 election shall designate polling places in the territory of that
11-23 political subdivision that is not common with territory of another
11-24 participating political subdivision. If the voters of the
11-25 territory that is not common to two or more participating political
11-26 subdivisions can be served adequately and conveniently by a polling
11-27 place located in the common territory of those political
12-1 subdivisions, the common polling place may be designated.
12-2 (c) If the authorities designating a common polling place
12-3 under this section cannot agree on the location, the participating
12-4 political subdivision with the greatest number of registered voters
12-5 shall make the designation.
12-6 SECTION 20. Section 43.033(a), Election Code, is amended to
12-7 read as follows:
12-8 (a) No charge, including a charge for personnel, utilities,
12-9 or other expenses incurred before or after regular business hours,
12-10 may be made for the use of a public building for a polling place if
12-11 the day of the election is a day on which the building is normally
12-12 open for business. If the day of the election is a day on which
12-13 the building is not normally open for business, a reasonable charge
12-14 may be made only for reimbursement for the actual expenses
12-15 resulting from use of the building in the election and a rental
12-16 charge may not be made for the use of the building.
12-17 SECTION 21. Subchapter B, Chapter 43, Election Code, is
12-18 amended by adding Section 43.035 to read as follows:
12-19 Sec. 43.035. INCONSISTENT USE OF BUILDING USED FOR POLLING
12-20 PLACE PROHIBITED. (a) The entity that owns or controls a public
12-21 building used for a polling place may not use the building on
12-22 election day in a manner that is inconsistent or interferes with
12-23 the use of the building for a polling place.
12-24 (b) If a polling place is not located in a public building,
12-25 the agreement to use the building for a polling place shall specify
12-26 that the building may not be used on election day in a manner that
12-27 is inconsistent or interferes with the use of the building for a
13-1 polling place.
13-2 SECTION 22. Section 63.0101, Election Code, is amended to
13-3 read as follows:
13-4 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. Any
13-5 two of the [The] following forms of documentation are [is]
13-6 acceptable as proof of identification under this chapter:
13-7 (1) a driver's license or personal identification card
13-8 issued to the person by the Department of Public Safety or a
13-9 similar document issued to the person by an agency of another
13-10 state, regardless of whether the license or card has expired;
13-11 (2) a form of identification containing the person's
13-12 photograph that establishes the person's identity;
13-13 (3) a birth certificate or other document confirming
13-14 birth that is admissible in a court of law and establishes the
13-15 person's identity;
13-16 (4) United States citizenship papers issued to the
13-17 person;
13-18 (5) a United States passport issued to the person;
13-19 (6) pre-printed checks containing the person's name
13-20 that are issued for a financial institution doing business in this
13-21 state;
13-22 (7) official mail addressed to the person by name from
13-23 a governmental entity;
13-24 (8) two other forms of identification that establish
13-25 the person's identity; or
13-26 (9) two [any] other forms [form] of identification
13-27 prescribed by the secretary of state.
14-1 SECTION 23. Section 66.053, Election Code, is amended by
14-2 adding Subsection (d) to read as follows:
14-3 (d) In a primary election, an election judge or clerk may
14-4 participate in a precinct convention in the judge's or clerk's
14-5 election precinct before delivering precinct election records.
14-6 SECTION 24. Section 84.001(c), Election Code, is amended to
14-7 read as follows:
14-8 (c) An applicant must [is not required to] use an official
14-9 application form.
14-10 SECTION 25. Section 84.002, Election Code, is amended by
14-11 amending Subsection (a) and adding Subsection (c) to read as
14-12 follows:
14-13 (a) An early voting ballot application must include:
14-14 (1) the applicant's:
14-15 (A) name as indicated on the applicant's voter
14-16 registration certificate;
14-17 (B) [and the] address at which the applicant is
14-18 registered to vote;
14-19 (C) date of birth; and
14-20 (D) voter registration number and county
14-21 election precinct of registration;
14-22 (2) for an application for a ballot to be voted by
14-23 mail on the ground of absence from the county of residence, the
14-24 address outside the applicant's county of residence to which the
14-25 ballot is to be mailed;
14-26 (3) for an application for a ballot to be voted by
14-27 mail on the ground of age or disability, the address of the
15-1 hospital, nursing home or other long-term care facility, or
15-2 retirement center, or of a person related to the applicant within
15-3 the second degree by affinity or the third degree by consanguinity,
15-4 as determined under Chapter 573, Government Code, if the applicant
15-5 is living at that address and that address is different from the
15-6 address at which the applicant is registered to vote;
15-7 (4) for an application for a ballot to be voted by
15-8 mail on the ground of confinement in jail, the address of the jail
15-9 or of a person related to the applicant within the degree described
15-10 by Subdivision (3);
15-11 (5) for an application for a ballot to be voted by
15-12 mail on any ground, an indication of each election for which the
15-13 applicant is applying for a ballot; and
15-14 (6) an indication of the ground of eligibility for
15-15 early voting.
15-16 (c) An application for a ballot to be voted by mail on the
15-17 ground of disability must include a statement from a physician or
15-18 other health care provider that the applicant has a sickness or
15-19 physical condition that prevents the person from appearing at the
15-20 polling place on election day and during the early voting period
15-21 without a likelihood of needing personal assistance or of injuring
15-22 the person's health. The statement must be signed and acknowledged
15-23 by both the physician or other health care provider and the
15-24 applicant.
15-25 SECTION 26. Section 84.011(a), Election Code, is amended to
15-26 read as follows:
15-27 (a) In addition to the other statements and spaces for
16-1 entering information that appear on an [The] officially prescribed
16-2 application form for an early voting ballot, each official form
16-3 must include:
16-4 (1) immediately preceding the signature space the
16-5 statement: "I certify that the information given in this
16-6 application is true, and I understand that giving false information
16-7 in this application is a crime.";
16-8 (2) a statement informing the applicant of the offense
16-9 prescribed by Section 84.004; and
16-10 (3) [spaces for entering an applicant's voter
16-11 registration number and county election precinct of registration,
16-12 with a statement informing the applicant that failure to furnish
16-13 that information does not invalidate the application; and]
16-14 [(4)] on an application for a ballot to be voted by
16-15 mail:
16-16 (A) a space for an applicant applying on the
16-17 ground of absence from the county of residence to indicate the date
16-18 on or after which the applicant can receive mail at the address
16-19 outside the county;
16-20 (B) a space for indicating the fact that an
16-21 applicant whose application is signed by a witness cannot make the
16-22 applicant's mark and a space for indicating the relationship or
16-23 lack of relationship of the witness to the applicant;
16-24 (C) a space for entering an applicant's
16-25 telephone number, with a statement informing the applicant that
16-26 failure to furnish that information does not invalidate the
16-27 application;
17-1 (D) a space or box for an applicant applying on
17-2 the ground of age or disability to indicate that the address to
17-3 which the ballot is to be mailed is the address of a facility or
17-4 relative described by Section 84.002(a)(3), if applicable;
17-5 (E) a space or box for an applicant applying on
17-6 the ground of confinement in jail to indicate that the address to
17-7 which the ballot is to be mailed is the address of a relative
17-8 described by Section 84.002(a)(4), if applicable;
17-9 (F) a space for entering the name of any person
17-10 assisting the applicant;
17-11 (G) a statement informing the applicant of the
17-12 condition prescribed by Section 81.005; and
17-13 (H) a statement informing the applicant of the
17-14 requirement prescribed by Section 86.003(c).
17-15 SECTION 27. Section 85.064, Election Code, is amended to
17-16 read as follows:
17-17 Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH
17-18 [IN POPULOUS COUNTY]. [(a) This section applies only to an
17-19 election in which the territory served by the early voting clerk is
17-20 situated in a county with a population of 100,000 or more. In an
17-21 election in which the territory served by the clerk is situated in
17-22 more than one county, this section applies if the sum of the
17-23 populations of the counties is 100,000 or more.]
17-24 [(b)] Early voting by personal appearance at each temporary
17-25 branch polling place [established under Section 85.062(d)] shall be
17-26 conducted on the days and during the hours that voting is [required
17-27 to be] conducted at the main early voting polling place [under
18-1 Section 85.005]. [The authority establishing the temporary branch
18-2 polling place shall determine the hours during which the voting is
18-3 to be conducted on those days. The authority shall order voting to
18-4 be conducted for the same number of hours that voting is required
18-5 to be conducted on those days at the main early voting polling
18-6 place under Section 85.005 on receipt of a written request for
18-7 those hours submitted by at least 15 registered voters of the
18-8 county. The request must be submitted in time to enable compliance
18-9 with Section 85.067.]
18-10 [(c) Early voting by personal appearance at a temporary
18-11 branch polling place other than a temporary branch polling place
18-12 established under Section 85.062(d) may be conducted on any one or
18-13 more days and during any hours of the period for early voting by
18-14 personal appearance, as determined by the authority establishing
18-15 the branch.]
18-16 [(d) The authority authorized under Section 85.006 to order
18-17 early voting on a Saturday or Sunday may also order, in the manner
18-18 prescribed by that section, early voting to be conducted on a
18-19 Saturday or Sunday at any one or more of the temporary branch
18-20 polling places. In addition, the early voting clerk of a county
18-21 covered by Section 85.006(e) shall order such voting in accordance
18-22 with that subsection at each temporary branch polling place
18-23 established under Section 85.062(d).]
18-24 SECTION 28. Section 86.002, Election Code, is amended by
18-25 adding Subsection (f) to read as follows:
18-26 (f) The clerk shall include with the balloting materials a
18-27 statement form to be completed and signed by the voter. On the
19-1 statement the voter must provide the information described by
19-2 Section 84.002(a)(1) that the voter provided on the ballot
19-3 application. As part of the statement, the voter must sign an oath
19-4 stating that the ballot reflects the voluntary will of the voter.
19-5 A voter may receive assistance in completing the statement as
19-6 provided by Section 86.010.
19-7 SECTION 29. Section 86.005(c), Election Code, is amended to
19-8 read as follows:
19-9 (c) After marking the ballot, the voter must place it and
19-10 the statement required by Section 86.002(f) in the official ballot
19-11 envelope and then seal the ballot envelope, place the ballot
19-12 envelope in the official carrier envelope and then seal the carrier
19-13 envelope, and sign the certificate on the carrier envelope.
19-14 SECTION 30. Section 86.014(a), Election Code, is amended to
19-15 read as follows:
19-16 (a) A copy of an application for a ballot to be voted by
19-17 mail may be obtained from the early voting clerk on or after the
19-18 10th day[:]
19-19 [(1) 72 hours] after the date [time] a ballot is
19-20 mailed to the voter[; or]
19-21 [(2) 48 hours after the time a ballot is mailed to the
19-22 voter if the mailing occurs on the fourth day before election day].
19-23 SECTION 31. Section 87.041(b), Election Code, is amended to
19-24 read as follows:
19-25 (b) A ballot may be accepted only if:
19-26 (1) the carrier envelope certificate is properly
19-27 executed;
20-1 (2) neither the voter's signature on the ballot
20-2 application nor the signature on the carrier envelope certificate
20-3 is determined to have been executed by a person other than the
20-4 voter, unless signed by a witness;
20-5 (3) the voter's ballot application states a legal
20-6 ground for early voting by mail;
20-7 (4) the voter is registered to vote, if registration
20-8 is required by law;
20-9 (5) the address to which the ballot was mailed to the
20-10 voter, as indicated by the application, was outside the voter's
20-11 county of residence, if the ground for early voting is absence from
20-12 the county of residence; [and]
20-13 (6) for a voter to whom a statement of residence form
20-14 was required to be sent under Section 86.002(a), the statement of
20-15 residence is returned in the carrier envelope and indicates that
20-16 the voter satisfies the residence requirements prescribed by
20-17 Section 63.0011; and
20-18 (7) the voter completes and returns the statement
20-19 required by Section 86.002(f) with the ballot and the information
20-20 contained on the statement matches the information provided on the
20-21 ballot application under Section 84.002(a)(1).
20-22 SECTION 32. Section 87.121(f), Election Code, is amended to
20-23 read as follows:
20-24 (f) Information on the roster for a person to whom an early
20-25 voting mail ballot has been sent is not available for public
20-26 inspection, except to the voter seeking to verify that the
20-27 information pertaining to the voter is accurate, until the 10th
21-1 day[:]
21-2 [(1) 72 hours] after the date [time] a ballot is
21-3 mailed to the voter[; or]
21-4 [(2) 48 hours after the time a ballot is mailed to the
21-5 voter if the mailing occurs on the fourth day before election day].
21-6 SECTION 33. Section 127.066, Election Code, is amended by
21-7 adding Subsection (d) to read as follows:
21-8 (d) The manager of the central counting station shall set a
21-9 time by which each ballot box must be delivered to the central
21-10 counting station. In setting the time, the manager shall consider
21-11 the distance of a polling place from the central counting station,
21-12 weather and traffic conditions on election day, and any other
21-13 factors relevant to the amount of time necessary to deliver a box
21-14 from a polling place to the central counting station.
21-15 SECTION 34. Section 162.006, Election Code, is amended to
21-16 read as follows:
21-17 Sec. 162.006. AFFILIATION BY TAKING OATH. (a) Except as
21-18 provided by Subsection (b), a [A] person becomes affiliated with a
21-19 political party when the person takes an oath of affiliation as
21-20 provided by Section 162.007 or 162.008.
21-21 (b) In a voting year in which the general election for state
21-22 and county officers is held, a person may not affiliate with a
21-23 political party that holds a primary election by taking an oath of
21-24 affiliation until after the date of the party's state convention.
21-25 SECTION 35. Section 162.008(a), Election Code, is amended to
21-26 read as follows:
21-27 (a) This section applies only to a person desiring to
22-1 affiliate with a political party during that part of a voting year
22-2 in which the general election for state and county officers is held
22-3 that follows:
22-4 (1) the date of the precinct conventions held under
22-5 this title, for a party nominating by convention; or
22-6 (2) the date of the party's state convention [7 p.m.
22-7 on general primary election day], for a party holding a primary
22-8 election.
22-9 SECTION 36. Section 171.004, Election Code, is amended to
22-10 read as follows:
22-11 Sec. 171.004. PROXY NOT ALLOWED. A person may not [(a) To]
22-12 participate in a state executive committee meeting as a proxy [for
22-13 a member representing a senatorial district, a person must reside
22-14 in that district].
22-15 [(b) A person may not hold more than one proxy at any
22-16 meeting.]
22-17 SECTION 37. Section 172.023(a), Election Code, is amended to
22-18 read as follows:
22-19 (a) An application for a place on the general primary
22-20 election ballot must be filed not later than 6 p.m. on the last
22-21 Monday in February [January 2] in the primary election year unless
22-22 the filing deadline is extended under Subchapter C.
22-23 SECTION 38. Section 172.052(a), Election Code, is amended to
22-24 read as follows:
22-25 (a) A candidate for nomination may not withdraw from the
22-26 general primary election after the 64th [62nd] day before general
22-27 primary election day.
23-1 SECTION 39. Section 172.054(a), Election Code, is amended to
23-2 read as follows:
23-3 (a) The deadline for filing an application for a place on
23-4 the general primary election ballot is extended as provided by this
23-5 section if a candidate who has made an application that complies
23-6 with the applicable requirements:
23-7 (1) dies on or after the fifth day before the date of
23-8 the regular filing deadline and on or before the 64th [62nd] day
23-9 before general primary election day;
23-10 (2) holds the office for which the application was
23-11 made and withdraws or is declared ineligible on or after the date
23-12 of the regular filing deadline and on or before the 64th [62nd] day
23-13 before general primary election day; or
23-14 (3) withdraws or is declared ineligible during the
23-15 period prescribed by Subdivision (2), and at the time of the
23-16 withdrawal or declaration of ineligibility no other candidate has
23-17 made an application that complies with the applicable requirements
23-18 for the office sought by the withdrawn or ineligible candidate.
23-19 SECTION 40. Section 172.055, Election Code, is amended by
23-20 adding Subsection (e) to read as follows:
23-21 (e) Section 1.006 does not apply to this section.
23-22 SECTION 41. Section 172.057, Election Code, is amended to
23-23 read as follows:
23-24 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
23-25 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
23-26 be omitted from the general primary election ballot if the
23-27 candidate withdraws, dies, or is declared ineligible on or before
24-1 the 64th [62nd] day before general primary election day.
24-2 SECTION 42. Section 172.058(a), Election Code, is amended to
24-3 read as follows:
24-4 (a) If a candidate who has made an application for a place
24-5 on the general primary election ballot that complies with the
24-6 applicable requirements dies or is declared ineligible after the
24-7 64th [62nd] day before general primary election day, the
24-8 candidate's name shall be placed on the ballot and the votes cast
24-9 for the candidate shall be counted and entered on the official
24-10 election returns in the same manner as for the other candidates.
24-11 SECTION 43. Section 172.116(b), Election Code, is amended to
24-12 read as follows:
24-13 (b) The committee shall convene to conduct the local canvass
24-14 at the county seat not earlier than 6 p.m. on the first Monday
24-15 [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
24-16 election day at the hour specified by the county chair.
24-17 SECTION 44. Section 172.120(b), Election Code, is amended to
24-18 read as follows:
24-19 (b) The state executive committee shall convene to conduct
24-20 the state canvass for the general primary election on the second
24-21 Monday [Wednesday] after general primary election day. Not later
24-22 than the second Saturday after runoff primary election day, the
24-23 committee shall convene at the call of the state chair to conduct
24-24 the state canvass of the runoff primary election.
24-25 SECTION 45. Subchapter B, Chapter 174, Election Code, is
24-26 amended by adding Section 174.0221 to read as follows:
24-27 Sec. 174.0221. INCONSISTENT USE OF BUILDING USED FOR
25-1 CONVENTION PROHIBITED. (a) The entity that owns or controls a
25-2 public building used for a precinct convention may not use the
25-3 building on the day of the convention in a manner that is
25-4 inconsistent or interferes with the use of the building for a
25-5 precinct convention.
25-6 (b) If a precinct convention is not located in a public
25-7 building, the agreement to use the building for the convention
25-8 shall specify that the building may not be used on the day of the
25-9 convention in a manner that is inconsistent or interferes with the
25-10 use of the building for a precinct convention.
25-11 SECTION 46. Section 174.063(a), Election Code, is amended to
25-12 read as follows:
25-13 (a) The county and senatorial district conventions shall be
25-14 held on the first [third] Saturday after general primary election
25-15 day. [However, if that date occurs during Passover or on the day
25-16 following Good Friday, the conventions shall be held on the next
25-17 Saturday that does not occur during Passover or on the day
25-18 following Good Friday.]
25-19 SECTION 47. Subchapter C, Chapter 174, Election Code, is
25-20 amended by adding Section 174.0632 to read as follows:
25-21 Sec. 174.0632. INCONSISTENT USE OF BUILDING USED FOR
25-22 CONVENTION PROHIBITED. (a) The entity that owns or controls a
25-23 public building used for a county or senatorial district convention
25-24 may not use the building on the day of the convention in a manner
25-25 that is inconsistent or interferes with the use of the building for
25-26 a county or senatorial district convention.
25-27 (b) If a county or senatorial district convention is not
26-1 located in a public building, the agreement to use the building for
26-2 the convention shall specify that the building may not be used on
26-3 the day of the convention in a manner that is inconsistent or
26-4 interferes with the use of the building for a county or senatorial
26-5 district convention.
26-6 SECTION 48. Section 181.0041, Election Code, is amended to
26-7 read as follows:
26-8 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
26-9 party that intends to make nominations under this chapter for the
26-10 general election for state and county officers must register with
26-11 the secretary of state, in the manner prescribed by the secretary,
26-12 not later than the regular filing deadline for candidates in the
26-13 general primary election [January 2 of the election year].
26-14 SECTION 49. Section 181.033(a), Election Code, is amended to
26-15 read as follows:
26-16 (a) Except as provided by Subsection (b), an application for
26-17 nomination by a convention must be filed not later than the regular
26-18 filing deadline for candidates in the general primary election [5
26-19 p.m. on January 2 preceding the convention].
26-20 SECTION 50. Sections 181.061(b) and (c), Election Code, are
26-21 amended to read as follows:
26-22 (b) A party nominating by convention must make its
26-23 nominations for offices of districts situated in more than one
26-24 county at district conventions held on the second Saturday after
26-25 general primary election day [the second Tuesday in March]. A
26-26 district convention consists of delegates selected at the county
26-27 conventions held under Subsection (c).
27-1 (c) A party nominating by convention must make its
27-2 nominations for county and precinct offices and for offices of
27-3 districts not situated in more than one county at county
27-4 conventions held on the first Saturday after general primary
27-5 election day [the second Tuesday in March]. A county convention
27-6 consists of delegates selected at precinct conventions held on
27-7 general primary election day [the second Tuesday in March] in the
27-8 regular county election precincts.
27-9 SECTION 51. Section 182.005, Election Code, is amended to
27-10 read as follows:
27-11 Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
27-12 political party must make its nominations under this chapter at a
27-13 county convention held on the first Saturday after general primary
27-14 election day [the second Tuesday in March of the election year].
27-15 The convention consists of delegates selected at precinct
27-16 conventions held on general primary election day [the second
27-17 Tuesday in March] in the regular county election precincts.
27-18 SECTION 52. Section 192.032(c), Election Code, is amended to
27-19 read as follows:
27-20 (c) The application must be filed with the secretary of
27-21 state not later than the second Monday in July [May] of the
27-22 presidential election year.
27-23 SECTION 53. Section 202.004(a), Election Code, is amended to
27-24 read as follows:
27-25 (a) A political party's nominee for an unexpired term must
27-26 be nominated by primary election if:
27-27 (1) the political party is making nominations by
28-1 primary election for the general election in which the vacancy is
28-2 to be filled; and
28-3 (2) the vacancy occurs on or before the 64th [62nd]
28-4 day before general primary election day.
28-5 SECTION 54. Section 202.006(a), Election Code, is amended to
28-6 read as follows:
28-7 (a) A political party's state, district, county, or precinct
28-8 executive committee, as appropriate for the particular office, may
28-9 nominate a candidate for the unexpired term if:
28-10 (1) in the case of a party holding a primary election,
28-11 the vacancy occurs after the 64th [62nd] day before general primary
28-12 election day; or
28-13 (2) in the case of a party nominating by convention,
28-14 the vacancy occurs after the fourth day before the date the
28-15 convention having the power to make a nomination for the office
28-16 convenes.
28-17 SECTION 55. Section 204.003, Election Code, is amended to
28-18 read as follows:
28-19 Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a
28-20 vacancy occurs on or after January 1 of an even-numbered year and
28-21 on or before the 64th [62nd] day before general primary election
28-22 day, the remainder of the unexpired term shall be filled at the
28-23 next general election for state and county officers.
28-24 SECTION 56. Section 204.005, Election Code, is amended to
28-25 read as follows:
28-26 Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
28-27 vacancy occurs during an odd-numbered year or after the 64th [62nd]
29-1 day before general primary election day in an even-numbered year,
29-2 the remainder of the unexpired term shall be filled by a special
29-3 election in the same manner as provided by Chapter 203 for the
29-4 legislature, except that:
29-5 (1) the minimum number of signatures that must appear
29-6 on a petition accompanying a candidate's application for a place on
29-7 the ballot is 5,000; and
29-8 (2) Section 203.013 does not apply.
29-9 SECTION 57. Section 271.002, Election Code, is amended to
29-10 read as follows:
29-11 Sec. 271.002. JOINT ELECTIONS REQUIRED [AUTHORIZED]. (a)
29-12 If the elections ordered by the authorities of two or more
29-13 political subdivisions are to be held on the same day in all or
29-14 part of the same territory, the governing bodies of the political
29-15 subdivisions shall [may] enter into an agreement to hold the
29-16 elections jointly [in the election precincts that can be served by
29-17 common polling places, subject to Section 271.003].
29-18 (b) If an election ordered by the governor and the elections
29-19 ordered by the authorities of one or more political subdivisions
29-20 are to be held on the same day in all or part of the same
29-21 territory, the commissioners court of a county in which the
29-22 election ordered by the governor is to be held and the governing
29-23 bodies of the other political subdivisions shall [may] enter into
29-24 an agreement to hold the elections jointly [in the election
29-25 precincts that can be served by common polling places, subject to
29-26 Section 271.003].
29-27 [(c) If another law requires two or more political
30-1 subdivisions to hold a joint election, the governing body of any
30-2 other political subdivision holding an election on the same day in
30-3 all or part of the same territory in which the joint election is to
30-4 be held may enter into an agreement to participate in the joint
30-5 election with the governing bodies of the political subdivisions
30-6 holding the joint election.]
30-7 (c) [(d)] The terms of the [a] joint election agreement,
30-8 including all the decisions necessary for conducting the election
30-9 in accordance with this chapter, must be stated in an order,
30-10 resolution, or other official action adopted by the governing body
30-11 of each participating political subdivision.
30-12 (d) [(e)] The document containing the joint election
30-13 agreement shall be preserved for the period for preserving the
30-14 precinct election records.
30-15 (e) The governing body of each political subdivision
30-16 participating in the joint election shall appoint one
30-17 representative to an election committee, which shall implement the
30-18 joint election agreement.
30-19 (f) The county clerk or, if applicable, the county elections
30-20 administrator shall serve as the chief administrator of a joint
30-21 election.
30-22 (g) The secretary of state shall prescribe any additional
30-23 procedures necessary to implement this section.
30-24 SECTION 58. Section 271.005, Election Code, is amended by
30-25 adding Subsection (c) to read as follows:
30-26 (c) For a joint election precinct in which an office of the
30-27 county, state, or federal government is on the ballot, the
31-1 presiding election judge and alternate presiding judge serving that
31-2 precinct must be persons who normally serve as presiding judge and
31-3 alternate presiding judge in the regular county election precinct
31-4 in county elections. In addition, the presiding judge of the early
31-5 voting ballot board and the chair of a signature verification
31-6 committee for such a joint election must be persons who normally
31-7 would be appointed to serve in those positions in the particular
31-8 election in which an office of the county, state, or federal
31-9 government is on the ballot.
31-10 SECTION 59. Section 271.006, Election Code, is amended to
31-11 read as follows:
31-12 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
31-13 the political subdivisions participating in a joint election shall
31-14 [decide whether to conduct their early voting jointly. The
31-15 governing bodies that decide to conduct joint early voting shall]
31-16 appoint one of their early voting clerks as the early voting clerk
31-17 for the joint early voting.
31-18 (b) The joint early voting shall be conducted at the early
31-19 voting polling place or places at which and during the hours,
31-20 including any extended or weekend hours, that the early voting
31-21 clerk regularly conducts early voting for the clerk's political
31-22 subdivision.
31-23 (c) The regular early voting clerk for each political
31-24 subdivision participating in the joint early voting shall receive
31-25 applications for early voting ballots to be voted by mail in
31-26 accordance with Title 7. The remaining procedures for conducting
31-27 the political subdivision's early voting by mail shall be completed
32-1 by the regular early voting clerk or by the early voting clerk for
32-2 the joint early voting, at the discretion of the governing body of
32-3 each political subdivision participating in the joint early voting.
32-4 [(d) If a governing body decides not to participate in the
32-5 joint early voting, the early voting for that political subdivision
32-6 shall be conducted in accordance with Title 7, except that the
32-7 early voting may be conducted at common polling places.]
32-8 SECTION 60. Chapter 276, Election Code, is amended by adding
32-9 Section 276.002 to read as follows:
32-10 Sec. 276.002. ENHANCEMENT OF OFFENSE FOR ELECTION OFFICIAL.
32-11 (a) An offense under this code is increased to the next highest
32-12 category of offense if it is shown on the trial of the offense that
32-13 the actor was an election official at the time of the offense.
32-14 (b) In this section, "election official" means the secretary
32-15 of state and a voter registrar, regular deputy voter registrar,
32-16 volunteer deputy registrar, county clerk, county tax
32-17 assessor-collector, county elections administrator, election judge,
32-18 election clerk, watcher, state inspector, or a person assisting a
32-19 voter in voting.
32-20 SECTION 61. Chapter 276, Election Code, is amended by adding
32-21 Section 276.010 to read as follows:
32-22 Sec. 276.010. VOTER FRAUD REPORTING PROGRAM. (a) The
32-23 secretary of state shall establish a program to encourage persons
32-24 to report voter fraud or other conduct constituting an offense
32-25 under this code. The program must be modeled after the crime
32-26 stopper program prescribed by Chapter 414, Government Code.
32-27 (b) The secretary of state may accept gifts or grants to
33-1 implement the program under this section.
33-2 SECTION 62. Sections 32.052, 85.065, 86.001(d), 271.003, and
33-3 271.014, Election Code, are repealed.
33-4 SECTION 63. (a) An election that is held on the August
33-5 uniform election date in 2001 is subject to the prior law governing
33-6 that election, and the prior law is continued in effect for that
33-7 purpose.
33-8 (b) Section 41.006, Election Code, applies to a change in
33-9 election dates made in accordance with this Act.
33-10 SECTION 64. An election that is ordered before the effective
33-11 date of this Act and that is described by Section 41.001(b)(2),
33-12 (3), (8), or (10), Election Code, as it existed immediately before
33-13 the effective date of this Act, is subject to that prior law, and
33-14 the prior law is continued in effect for that purpose.
33-15 SECTION 65. The term of a person who is serving as a county
33-16 or precinct chair of a political party on the effective date of
33-17 this section ends on the 20th day after the second Saturday in June
33-18 2002.
33-19 SECTION 66. This Act takes effect September 1, 1999, except
33-20 that Sections 15-16, 37-44, 46, 52-56, 63, and 65 of this Act and
33-21 Sections 41.001(a) and (e), Election Code, as amended by Section 14
33-22 of this Act, take effect September 1, 2001.
33-23 SECTION 67. The importance of this legislation and the
33-24 crowded condition of the calendars in both houses create an
33-25 emergency and an imperative public necessity that the
33-26 constitutional rule requiring bills to be read on three several
33-27 days in each house be suspended, and this rule is hereby suspended.