77R8941 GGS-D
By Danburg, et al. H.B. No. 1599
Substitute the following for H.B. No. 1599:
By Sadler C.S.H.B. No. 1599
A BILL TO BE ENTITLED
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 127.125(b), Election Code, is amended to
1-6 read as follows:
1-7 (b) The manager shall have the ballots examined to detect
1-8 any irregularly marked ballots and to determine whether the ballots
1-9 to be counted automatically are ready for counting and can be
1-10 properly counted. The manager shall have each irregularly marked
1-11 ballot duplicated to indicate the intent of the voter if the
1-12 voter's intent is clearly ascertainable, unless other law prohibits
1-13 counting the vote. After making the appropriate determinations and
1-14 taking the appropriate actions, the manager [when ready] shall
1-15 approve the ballots [them] for counting.
1-16 SECTION 2. Section 212.0241(b), Election Code, is amended to
1-17 read as follows:
1-18 (b) A candidate for nomination or election to an office may
1-19 obtain an initial recount of electronic voting system results in an
1-20 election in which the person was a candidate only if the candidate
1-21 is shown by the election returns not to be nominated or elected.
1-22 However, a candidate shown to be nominated or elected may obtain an
1-23 initial recount if an opposing candidate's initial recount petition
1-24 is approved for a recount that is covered by Section 212.131(c) and
2-1 that does not include all of the voting system precincts in the
2-2 election.
2-3 SECTION 3. Section 212.028, Election Code, is amended to read
2-4 as follows:
2-5 Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as
2-6 provided by Subsection (b), a [A] petition for an initial recount
2-7 must be submitted by the later of:
2-8 (1) 5 p.m. of the fifth day after election day; or
2-9 (2) 5 p.m. of the second day after the date the
2-10 canvassing authority to whose presiding officer the petition must
2-11 be submitted completes its canvass of the original election
2-12 returns.
2-13 (b) A petition for a winning candidate in response to an
2-14 opposing candidate's petition as described by Section 212.0241(b)
2-15 must be submitted not later than 48 hours after receipt of the
2-16 notice of approval under Section 212.032.
2-17 SECTION 4. Section 212.131(c), Election Code, is amended to
2-18 read as follows:
2-19 (c) In an election for which there is a final canvass at the
2-20 state level, an initial recount of votes cast in a particular
2-21 voting system may include any one or more counties covered by the
2-22 election, but must include all the election [voting system]
2-23 precincts in which a particular voting system is used in each
2-24 county recounted.
2-25 SECTION 5. Section 214.049(d), Election Code, is amended to
2-26 read as follows:
2-27 (d) Except as otherwise provided by this subchapter, the
3-1 ballots shall be processed in the manner prescribed by Sections
3-2 127.125 and 127.126. Before the tabulation of duplicate ballots,
3-3 the recount committee chair shall compare the duplicate ballot with
3-4 the original to verify that the original ballot was duplicated
3-5 properly. If the original ballot was duplicated improperly, the
3-6 recount committee chair shall have the original ballot duplicated
3-7 properly and that duplicate ballot shall be counted. The improper
3-8 duplicate ballot shall be retained and the recount committee chair
3-9 shall make a notation on the improper duplicate ballot of the
3-10 reason for which it was not counted.
3-11 SECTION 6. This Act takes effect September 1, 2001.