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.