1-1 AN ACT
1-2 relating to certain procedures for counting and recounting voting
1-3 system ballots.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.002, Election Code, is amended by
1-6 amending Subsections (a) and (b) and adding Subsection (i) to read
1-7 as follows:
1-8 (a) Except as provided by Subsection (f), [or] (g), or (i),
1-9 in an election requiring a plurality vote, if two or more
1-10 candidates for the same office tie for the number of votes required
1-11 to be elected, a second election to fill the office shall be held.
1-12 (b) Not later than the fifth day after the date the
1-13 automatic recount required by Subsection (i) is completed or the
1-14 final canvass following the automatic recount [for the first
1-15 election] is completed, if applicable, the authority responsible
1-16 for ordering the first election shall order the second election.
1-17 The second election shall be held not earlier than the 20th day or
1-18 later than the 30th day after the date the automatic recount
1-19 required by Subsection (i) is completed or the final canvass
1-20 following the automatic recount [for the first election] is
1-21 completed, if applicable.
1-22 (i) If the tie vote is not resolved under Subsection (f) or
1-23 (g), an automatic recount shall be conducted in accordance with
1-24 Chapter 216 before the second election is held. If the recount
2-1 resolves the tie, the second election is not held.
2-2 SECTION 2. Section 211.002, Election Code, is amended by
2-3 adding Subdivision (11) to read as follows:
2-4 (11) "Automatic recount" means a recount conducted
2-5 under Chapter 216.
2-6 SECTION 3. Title 13, Election Code, is amended by adding
2-7 Chapter 216 to read as follows:
2-8 CHAPTER 216. AUTOMATIC RECOUNT
2-9 Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
2-10 applies only to an election that results in a tie vote as provided
2-11 by Section 2.002(i).
2-12 Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
2-13 Except as otherwise provided by this chapter, this title applies to
2-14 a recount conducted under this chapter with appropriate
2-15 modifications as prescribed by the secretary of state.
2-16 Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes of
2-17 initiating an automatic recount, the authority designated under
2-18 Section 212.026 shall request the recount in the same manner as a
2-19 recount petitioner under this title.
2-20 Sec. 216.004. COUNTING PROCEDURES. The method of counting
2-21 votes in an automatic recount is the same method of counting used
2-22 in the election that resulted in the tie vote.
2-23 Sec. 216.005. COST OF AUTOMATIC RECOUNT. (a) Subchapter E,
2-24 Chapter 212, does not apply to an automatic recount.
2-25 (b) The costs of an automatic recount shall be paid by each
2-26 political subdivision or county executive committee, as applicable,
2-27 served by a presiding officer designated under Section 213.001.
3-1 SECTION 4. Section 127.125(b), Election Code, is amended to
3-2 read as follows:
3-3 (b) The manager shall have the ballots examined to detect
3-4 any irregularly marked ballots and to determine whether the ballots
3-5 to be counted automatically are ready for counting and can be
3-6 properly counted. The manager shall have each irregularly marked
3-7 ballot duplicated to indicate the intent of the voter if the
3-8 voter's intent is clearly ascertainable, unless other law prohibits
3-9 counting the vote. After making the appropriate determinations and
3-10 taking the appropriate actions, the manager [when ready] shall
3-11 approve the ballots [them] for counting.
3-12 SECTION 5. Section 212.0241(b), Election Code, is amended to
3-13 read as follows:
3-14 (b) A candidate for nomination or election to an office may
3-15 obtain an initial recount of electronic voting system results in an
3-16 election in which the person was a candidate only if the candidate
3-17 is shown by the election returns not to be nominated or elected.
3-18 However, a candidate shown to be nominated or elected may obtain an
3-19 initial recount if an opposing candidate's initial recount petition
3-20 is approved for a recount that is covered by Section 212.131(c) and
3-21 that does not include all of the voting system precincts in the
3-22 election.
3-23 SECTION 6. Section 212.028, Election Code, is amended to read
3-24 as follows:
3-25 Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as
3-26 provided by Subsection (b), a [A] petition for an initial recount
3-27 must be submitted by the later of:
4-1 (1) 5 p.m. of the fifth day after election day; or
4-2 (2) 5 p.m. of the second day after the date the
4-3 canvassing authority to whose presiding officer the petition must
4-4 be submitted completes its canvass of the original election
4-5 returns.
4-6 (b) A petition for a winning candidate in response to an
4-7 opposing candidate's petition as described by Section 212.0241(b)
4-8 must be submitted not later than 48 hours after receipt of the
4-9 notice of approval under Section 212.032.
4-10 SECTION 7. Section 212.131(c), Election Code, is amended to
4-11 read as follows:
4-12 (c) In an election for which there is a final canvass at the
4-13 state level, an initial recount of votes cast in a particular
4-14 voting system may include any one or more counties covered by the
4-15 election, but must include all the election [voting system]
4-16 precincts in which a particular voting system is used in each
4-17 county recounted.
4-18 SECTION 8. Section 214.049(d), Election Code, is amended to
4-19 read as follows:
4-20 (d) Except as otherwise provided by this subchapter, the
4-21 ballots shall be processed in the manner prescribed by Sections
4-22 127.125 and 127.126. Before the tabulation of duplicate ballots,
4-23 the recount committee chair shall compare the duplicate ballot with
4-24 the original to verify that the original ballot was duplicated
4-25 properly. If the original ballot was duplicated improperly, the
4-26 recount committee chair shall have the original ballot duplicated
4-27 properly and that duplicate ballot shall be counted. The improper
5-1 duplicate ballot shall be retained and the recount committee chair
5-2 shall make a notation on the improper duplicate ballot of the
5-3 reason for which it was not counted.
5-4 SECTION 9. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1599 was passed by the House on May
1, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1599 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor