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.