By Tillery H.B. No. 424
77R2369 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the use of punch-card election ballots.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 121.003, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 121.003. DEFINITIONS. In this title:
1-7 (1) "Voting system" means a method of casting and
1-8 processing votes that is designed to function wholly or partly by
1-9 use of mechanical, electromechanical, or electronic apparatus and
1-10 includes the procedures for casting and processing votes and the
1-11 programs, operating manuals, tabulating cards, printouts, and other
1-12 software necessary for the system's operation.
1-13 (2) "Electronic voting system" means a voting system
1-14 in which the ballots are automatically counted and the results
1-15 automatically tabulated by use of electronically operated
1-16 apparatus.
1-17 (3) "Voting machine" means an apparatus on which
1-18 voters cast their votes, that records each vote, and that furnishes
1-19 a total of the number of votes cast for the candidates and for and
1-20 against the measures.
1-21 (4) "Mechanical voting machine" means a voting machine
1-22 that is designed to function by the manual operation of a lever or
1-23 other device on the machine without the aid of electrical power.
1-24 (5) ["Voting device" means an apparatus that is
2-1 designed for use with punch-card ballots, that holds the punch-card
2-2 ballot label, and that enables a voter to position the ballot for
2-3 voting.]
2-4 [(6)] "Voting system equipment" means any kind of
2-5 mechanical, electromechanical, or electronic apparatus for use in a
2-6 voting system.
2-7 (6) [(7)] "Automatic tabulating equipment" means
2-8 equipment, other than a voting machine, that compiles vote totals
2-9 by ballot sorting, ballot reading, ballot scanning, or electronic
2-10 data processing.
2-11 (7) [(8)] "Public counter" means a registering device
2-12 that cumulatively records the number of voters casting votes on a
2-13 voting machine and that is constructed and installed on the machine
2-14 in a way that provides an unobstructed view of the recorded number.
2-15 (8) [(9)] "Protective counter" means a registering
2-16 device that permanently records the cumulative number of times that
2-17 a voting machine has been operated and that is installed in the
2-18 machine in a way that prevents resetting the device.
2-19 (9) [(10)] "Registering counter" means a registering
2-20 device on a voting machine that records the votes cast for a
2-21 particular candidate or for or against a particular measure.
2-22 (10) [(11)] "Mechanical machine ballot label" means
2-23 the cardboard or other material listing the candidates and
2-24 propositions that is attached to a mechanical voting machine to
2-25 enable voters to make their choices.
2-26 [(12) "Punch-card ballot label" means the paper or
2-27 other material listing the candidates and propositions that is
3-1 designed for use with punch-card ballots to enable voters to make
3-2 their choices.]
3-3 (11) [(13)] "Voting system ballot label" means a
3-4 [punch-card ballot label or a] mechanical machine ballot label.
3-5 (12) [(14)] "Electronic system ballot" means a ballot
3-6 designed for use with an electronic voting system.
3-7 [(15) "Punch-card ballot" means an electronic system
3-8 ballot in the form of a tabulating card.]
3-9 (13) [(16)] "Voting system ballot" means a ballot
3-10 designed for use with a voting system.
3-11 SECTION 2. Section 122.001, Election Code, is amended by
3-12 adding Subsection (d) to read as follows:
3-13 (d) A voting system may not be used in an election if the
3-14 system uses a punch-card ballot or similar form of tabulating card.
3-15 SECTION 3. Section 125.001, Election Code, is amended to read
3-16 as follows:
3-17 Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES.
3-18 The authority responsible for allocating election supplies among
3-19 the polling places for an election shall determine the number of
3-20 voting machines[, voting devices,] or units of other voting system
3-21 equipment to be installed at each polling place based on:
3-22 (1) the number of votes cast at the polling place in
3-23 previous, similar elections;
3-24 (2) the number of registered voters eligible to vote
3-25 at a polling place;
3-26 (3) the number of units of equipment available; and
3-27 (4) any other factors the authority determines are
4-1 relevant.
4-2 SECTION 4. Section 125.007, Election Code, is amended to read
4-3 as follows:
4-4 Sec. 125.007. ASSISTING VOTER. If a voter who is voting with
4-5 a voting machine [or voting device] is physically unable to operate
4-6 the machine [or device], the voter is entitled to assistance under
4-7 the applicable provisions for assisting voters using regular paper
4-8 ballots.
4-9 SECTION 5. Section 125.061(a), Election Code, is amended to
4-10 read as follows:
4-11 (a) Before opening a polling place for voting on election
4-12 day, the presiding judge shall inspect [each voting device and] any
4-13 [other] electronic voting system equipment installed at the polling
4-14 place to determine whether it is installed and functioning
4-15 properly.
4-16 SECTION 6. Section 212.112(a), Election Code, is amended to
4-17 read as follows:
4-18 (a) Subject to Subsection (d), the amount of the recount
4-19 deposit is determined by the number of precincts for which a
4-20 recount is requested in the document that the deposit accompanies,
4-21 in accordance with the following schedule:
4-22 (1) five times the maximum hourly rate of pay for
4-23 election judges, for a precinct in which:
4-24 (A) regular paper ballots were used;
4-25 (B) electronic voting system ballots[, other
4-26 than punch-card ballots,] are to be recounted manually; or
4-27 (C) both write-in votes and voting system votes
5-1 are to be recounted;
5-2 (2) [10 times the maximum hourly rate of pay for
5-3 election judges, for a precinct in which punch-card ballots are to
5-4 be recounted manually;]
5-5 [(3)] three times the maximum hourly rate of pay for
5-6 election judges, for a precinct in which ballots are to be
5-7 recounted by automatic tabulating equipment and no write-in votes
5-8 are to be recounted; and
5-9 (3) [(4)] two times the maximum hourly rate of pay for
5-10 election judges, for a precinct in which:
5-11 (A) voting machines were used and no write-in
5-12 votes are to be recounted; or
5-13 (B) only the write-in votes cast in connection
5-14 with a voting system are to be recounted.
5-15 SECTION 7. Section 214.002(b), Election Code, is amended to
5-16 read as follows:
5-17 (b) The count shall be made, and the correctness of the
5-18 tally lists shall be certified, in the same manner as an original
5-19 count of regular paper ballots, except that[:]
5-20 [(1)] only two tally lists are prepared[; and]
5-21 [(2) Section 127.130(d) applies to a count of
5-22 punch-card ballots].
5-23 SECTION 8. The following laws are repealed:
5-24 (1) Sections 124.061, 124.063(g), and 127.130(d) and
5-25 (e), Election Code; and
5-26 (2) Subchapter G, Chapter 127, Election Code.
5-27 SECTION 9. Effective September 1, 2001, a political
6-1 subdivision that on that date uses a voting system that is
6-2 prohibited by Section 122.001(d), Election Code, as added by
6-3 Section 2 of this Act, may seek financial assistance from the
6-4 secretary of state for the acquisition of a new voting system. The
6-5 secretary of state may provide funds from any source available to a
6-6 political subdivision seeking assistance under this section if the
6-7 secretary determines that the political subdivision will be unable
6-8 to abandon the use of a punch-card system without the financial
6-9 assistance.
6-10 SECTION 10. Except as provided by Section 9 of this Act, this
6-11 Act takes effect January 1, 2002.