1-1 By: Danburg, et al. (Senate Sponsor - Shapiro) H.B. No. 1599
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on State
1-4 Affairs; May 10, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain procedures for counting and recounting voting
1-9 system ballots.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2.002, Election Code, is amended by
1-12 amending Subsections (a) and (b) and adding Subsection (i) to read
1-13 as follows:
1-14 (a) Except as provided by Subsection (f), [or] (g), or (i),
1-15 in an election requiring a plurality vote, if two or more
1-16 candidates for the same office tie for the number of votes required
1-17 to be elected, a second election to fill the office shall be held.
1-18 (b) Not later than the fifth day after the date the
1-19 automatic recount required by Subsection (i) is completed or the
1-20 final canvass following the automatic recount [for the first
1-21 election] is completed, if applicable, the authority responsible
1-22 for ordering the first election shall order the second election.
1-23 The second election shall be held not earlier than the 20th day or
1-24 later than the 30th day after the date the automatic recount
1-25 required by Subsection (i) is completed or the final canvass
1-26 following the automatic recount [for the first election] is
1-27 completed, if applicable.
1-28 (i) If the tie vote is not resolved under Subsection (f) or
1-29 (g), an automatic recount shall be conducted in accordance with
1-30 Chapter 216 before the second election is held. If the recount
1-31 resolves the tie, the second election is not held.
1-32 SECTION 2. Section 211.002, Election Code, is amended by
1-33 adding Subdivision (11) to read as follows:
1-34 (11) "Automatic recount" means a recount conducted
1-35 under Chapter 216.
1-36 SECTION 3. Title 13, Election Code, is amended by adding
1-37 Chapter 216 to read as follows:
1-38 CHAPTER 216. AUTOMATIC RECOUNT
1-39 Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
1-40 applies only to an election that results in a tie vote as provided
1-41 by Section 2.002(i).
1-42 Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
1-43 Except as otherwise provided by this chapter, this title applies to
1-44 a recount conducted under this chapter with appropriate
1-45 modifications as prescribed by the secretary of state.
1-46 Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes of
1-47 initiating an automatic recount, the authority designated under
1-48 Section 212.026 shall request the recount in the same manner as a
1-49 recount petitioner under this title.
1-50 Sec. 216.004. COUNTING PROCEDURES. The method of counting
1-51 votes in an automatic recount is the same method of counting used
1-52 in the election that resulted in the tie vote.
1-53 Sec. 216.005. COST OF AUTOMATIC RECOUNT. (a) Subchapter E,
1-54 Chapter 212, does not apply to an automatic recount.
1-55 (b) The costs of an automatic recount shall be paid by each
1-56 political subdivision or county executive committee, as applicable,
1-57 served by a presiding officer designated under Section 213.001.
1-58 SECTION 4. Section 127.125(b), Election Code, is amended to
1-59 read as follows:
1-60 (b) The manager shall have the ballots examined to detect
1-61 any irregularly marked ballots and to determine whether the ballots
1-62 to be counted automatically are ready for counting and can be
1-63 properly counted. The manager shall have each irregularly marked
1-64 ballot duplicated to indicate the intent of the voter if the
2-1 voter's intent is clearly ascertainable, unless other law prohibits
2-2 counting the vote. After making the appropriate determinations and
2-3 taking the appropriate actions, the manager [when ready] shall
2-4 approve the ballots [them] for counting.
2-5 SECTION 5. Section 212.0241(b), Election Code, is amended to
2-6 read as follows:
2-7 (b) A candidate for nomination or election to an office may
2-8 obtain an initial recount of electronic voting system results in an
2-9 election in which the person was a candidate only if the candidate
2-10 is shown by the election returns not to be nominated or elected.
2-11 However, a candidate shown to be nominated or elected may obtain an
2-12 initial recount if an opposing candidate's initial recount petition
2-13 is approved for a recount that is covered by Section 212.131(c) and
2-14 that does not include all of the voting system precincts in the
2-15 election.
2-16 SECTION 6. Section 212.028, Election Code, is amended to read
2-17 as follows:
2-18 Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as
2-19 provided by Subsection (b), a [A] petition for an initial recount
2-20 must be submitted by the later of:
2-21 (1) 5 p.m. of the fifth day after election day; or
2-22 (2) 5 p.m. of the second day after the date the
2-23 canvassing authority to whose presiding officer the petition must
2-24 be submitted completes its canvass of the original election
2-25 returns.
2-26 (b) A petition for a winning candidate in response to an
2-27 opposing candidate's petition as described by Section 212.0241(b)
2-28 must be submitted not later than 48 hours after receipt of the
2-29 notice of approval under Section 212.032.
2-30 SECTION 7. Section 212.131(c), Election Code, is amended to
2-31 read as follows:
2-32 (c) In an election for which there is a final canvass at the
2-33 state level, an initial recount of votes cast in a particular
2-34 voting system may include any one or more counties covered by the
2-35 election, but must include all the election [voting system]
2-36 precincts in which a particular voting system is used in each
2-37 county recounted.
2-38 SECTION 8. Section 214.049(d), Election Code, is amended to
2-39 read as follows:
2-40 (d) Except as otherwise provided by this subchapter, the
2-41 ballots shall be processed in the manner prescribed by Sections
2-42 127.125 and 127.126. Before the tabulation of duplicate ballots,
2-43 the recount committee chair shall compare the duplicate ballot with
2-44 the original to verify that the original ballot was duplicated
2-45 properly. If the original ballot was duplicated improperly, the
2-46 recount committee chair shall have the original ballot duplicated
2-47 properly and that duplicate ballot shall be counted. The improper
2-48 duplicate ballot shall be retained and the recount committee chair
2-49 shall make a notation on the improper duplicate ballot of the
2-50 reason for which it was not counted.
2-51 SECTION 9. This Act takes effect September 1, 2001.
2-52 * * * * *