By Danburg H.B. No. 1599
77R6578 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain recount procedures for voting system ballots.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 212.0241(b), Election Code, is amended to
1-5 read as follows:
1-6 (b) A candidate for nomination or election to an office may
1-7 obtain an initial recount of electronic voting system results in an
1-8 election in which the person was a candidate only if the candidate
1-9 is shown by the election returns not to be nominated or elected.
1-10 However, a candidate shown to be nominated or elected may obtain an
1-11 initial recount if an opposing candidate's initial recount petition
1-12 is approved for a recount that is covered by Section 212.131(c) and
1-13 that does not include all of the voting system precincts in the
1-14 election.
1-15 SECTION 2. Section 212.028, Election Code, is amended to read
1-16 as follows:
1-17 Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as
1-18 provided by Subsection (b), a [A] petition for an initial recount
1-19 must be submitted by the later of:
1-20 (1) 5 p.m. of the fifth day after election day; or
1-21 (2) 5 p.m. of the second day after the date the
1-22 canvassing authority to whose presiding officer the petition must
1-23 be submitted completes its canvass of the original election
1-24 returns.
2-1 (b) A petition for a winning candidate in response to an
2-2 opposing candidate's petition as described by Section 212.0241(b)
2-3 must be submitted not later than 48 hours after receipt of the
2-4 notice of approval under Section 212.032.
2-5 SECTION 3. Section 212.131(c), Election Code, is amended to
2-6 read as follows:
2-7 (c) In an election for which there is a final canvass at the
2-8 state level, an initial recount of votes cast in a particular
2-9 voting system may include any one or more counties covered by the
2-10 election, but must include all the election [voting system]
2-11 precincts in which a particular voting system is used in each
2-12 county recounted.
2-13 SECTION 4. This Act takes effect September 1, 2001.