By Turner of Coleman                                   H.B. No. 405
         77R579 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the elimination of straight-party voting.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.   Section 62.011(c), Election Code, is amended to
 1-5     read as follows:
 1-6           (c)  The poster must include instructions applicable to the
 1-7     election on:
 1-8                 (1)  marking and depositing the ballot;
 1-9                 (2)  voting for a write-in candidate;
1-10                 [(3)  casting a straight-party vote;] and
1-11                 (3) [(4)]  securing an additional ballot if the voter's
1-12     original ballot is spoiled.
1-13           SECTION 2.   Section 65.011, Election Code, is amended to
1-14     read as follows:
1-15           Sec. 65.011.  OVERVOTING.   If [Except as provided by Section
1-16     65.007(c) or (d), if] a voter marks the ballot for more candidates
1-17     for an office than the number of  persons to be elected for that
1-18     office, none of the votes may be counted for that office.
1-19           SECTION 3.   Section 105.002(c), Election Code, is amended to
1-20     read as follows:
1-21           (c)  The secretary of state shall prescribe the form of the
1-22     ballot to allow a voter to cast a vote in each federal, state, or
1-23     local race in the election.  The ballot must allow a voter to write
1-24     in the name of a candidate [or, if applicable, cast a
 2-1     straight-party vote].
 2-2           SECTION 4.   Section 122.001(a), Election Code, is amended to
 2-3     read as follows:
 2-4           (a)  A voting system may not be used in an election unless
 2-5     the system:
 2-6                 (1)  preserves the secrecy of the ballot;
 2-7                 (2)  is suitable for the purpose for which it is
 2-8     intended;
 2-9                 (3)  operates safely, efficiently, and accurately;
2-10                 (4)  is safe from fraudulent or unauthorized
2-11     manipulation;
2-12                 (5)  permits voting on all offices and measures to be
2-13     voted on at the election;
2-14                 (6)  prevents counting votes on offices and measures on
2-15     which the voter is not entitled to vote;
2-16                 (7)  prevents counting votes by the same voter for more
2-17     than one candidate for the same office or, in elections in which a
2-18     voter is entitled to vote for more than one candidate for the same
2-19     office, prevents counting votes for more than the number of
2-20     candidates for which the voter is entitled to vote;
2-21                 (8)  prevents counting a vote on the same office or
2-22     measure more than once;
2-23                 (9)  permits write-in voting;
2-24                 [(10)  is capable of permitting straight-party voting;]
2-25     and
2-26                 (10) [(11)]  is capable of providing records from which
2-27     the operation of the voting system may be audited.
 3-1           SECTION 5.   Sections 1.005(20), 52.071, 64.004, 65.007,
 3-2     122.001(b), 124.001, 124.003(d), 124.063(f), and 232.050(d),
 3-3     Election Code, are repealed.
 3-4           SECTION 6.   This Act takes effect September 1, 2001.