By Danburg                                            H.B. No. 1856
         77R6581 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to 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 123.001, Election Code, is amended by
 1-5     adding Subsection (d) to read as follows:
 1-6           (d)  A voting system that uses a punch-card ballot or similar
 1-7     form of tabulating card may not be adopted for use in elections on
 1-8     or after September 1, 2001.
 1-9           SECTION 2.  Subchapter B, Chapter 123, Election Code, is
1-10     amended by adding Section 123.0331 to read as follows:
1-11           Sec. 123.0331.  ACQUISITION OF PUNCH-CARD EQUIPMENT
1-12     PROHIBITED.  A contract to acquire the equipment necessary for
1-13     operating a voting system that uses a punch-card ballot or similar
1-14     form of tabulating card may not be executed or renewed on or after
1-15     September 1, 2001.
1-16           SECTION 3.  Section 124.061, Election Code, is amended by
1-17     amending Subsection (a) and adding Subsection (c) to read as
1-18     follows:
1-19           (a)  Except as provided by Subsection (c), the [The]
1-20     punch-card ballot label may be any size, composition, and texture
1-21     that is suitable for the electronic voting system in which it is
1-22     used.
1-23           (c)  The order of the candidates' and propositions'
1-24     punch-hole spaces and corresponding numbers on the ballot label
 2-1     must be the same as the order in which the candidates' names and
 2-2     the propositions are to appear on the ballot under Chapter 52.
 2-3           SECTION 4.  Section 125.061, Election Code, is amended by
 2-4     adding Subsection (c) to read as follows:
 2-5           (c)  Before the polls open, at least once during voting
 2-6     hours, and after the polls close, an election officer shall check
 2-7     each voting device and remove from the device any punch-card ballot
 2-8     chads that have accumulated. The chads shall be retained after the
 2-9     election as provided by the secretary of state.
2-10           SECTION 5.  Subchapter C, Chapter 125, Election Code, is
2-11     amended by adding Section 125.0621 to read as follows:
2-12           Sec. 125.0621.  PUNCH-CARD BALLOT READER.  (a)  At each
2-13     polling place using punch-card ballots, a punch-card ballot reader
2-14     or illuminating device shall be made available to the voters to
2-15     facilitate the detection of any improperly voted ballots before
2-16     deposit in the ballot box.
2-17           (b)  The secretary of state shall prescribe procedures to
2-18     implement this section as fully as possible in consideration of the
2-19     laws on accessibility standards applicable to persons with physical
2-20     disabilities.
2-21           SECTION 6. Sections 127.034(a) and (b), Election Code, are
2-22     amended to read as follows:
2-23           (a)  On direction of the presiding judge, the election
2-24     officers responsible for preparing the ballots for delivery to the
2-25     central counting station shall remove the ballots from the ballot
2-26     boxes in which they were deposited by the voters and shall inspect
2-27     the ballots to detect any improperly voted ballots.
 3-1           (b)  The election officers shall sort the damaged ballots,
 3-2     the improperly voted ballots, the ballots containing write-in
 3-3     votes, and any other ballots requiring special handling, as
 3-4     directed by the presiding judge, and place the sorted ballots into
 3-5     the appropriate envelopes or other containers provided for that
 3-6     purpose.
 3-7           SECTION 7. Section 127.069(a), Election Code, is amended to
 3-8     read as follows:
 3-9           (a)  After opening a sealed ballot box, the presiding judge
3-10     of the central counting station shall sort the damaged ballots, the
3-11     improperly voted ballots, the ballots containing write-in votes,
3-12     and any other ballots requiring special handling and place them in
3-13     the appropriate envelopes or other containers provided for that
3-14     purpose.
3-15           SECTION 8. Section 127.125(b), Election Code, is amended to
3-16     read as follows:
3-17           (b)  The manager shall inspect the ballots and determine
3-18     whether the ballots to be counted automatically are ready for
3-19     counting and can be properly counted. After making that
3-20     determination and sorting those to be duplicated, the manager [when
3-21     ready] shall approve the ballots [them] for counting.
3-22           SECTION 9.  Subchapter E, Chapter 127, Election Code, is
3-23     amended by adding Section 127.1301 to read as follows:
3-24           Sec. 127.1301.  TALLYING, TABULATING, AND REPORTING
3-25     PUNCH-CARD UNDERVOTES AND OVERVOTES.  In an election using
3-26     punch-card ballots, the undervotes and overvotes on those ballots
3-27     shall be tallied, tabulated, and reported by race and by election
 4-1     precinct in the form and manner prescribed by the secretary of
 4-2     state.
 4-3           SECTION 10.  The secretary of state shall prescribe any
 4-4     necessary rules and take any appropriate action to implement this
 4-5     Act and to facilitate the orderly phasing out of the use of
 4-6     punch-card ballot voting systems in this state.
 4-7           SECTION 11.  This Act takes effect September 1, 2001.