By Danburg H.B. No. 2509
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.006, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last
1-7 day for performance of an act is a Saturday, Sunday, or legal state
1-8 or national holiday, the act is timely if performed on the next
1-9 regular business day, except as otherwise provided by this code.
1-10 (b) If the last day for performance of an act is extended
1-11 under Subsection (a), the extended date is used for any
1-12 computations as to other dates, deadlines, and procedures that are
1-13 required to be made in relation to the last day for performance of
1-14 the act.
1-15 (c) A declaration of ineligibility of a candidate is
1-16 considered to be the performance of an act under this section for
1-17 purposes of causing the candidate's name to be omitted from the
1-18 ballot.
1-19 (d) The filing of a document, including a withdrawal request
1-20 or resignation, is considered to be the performance of an act under
1-21 this section for purposes of creating a vacancy to be filled at a
1-22 subsequent election.
1-23 (e) The death of a person is not considered to be the
1-24 performance of an act under this section.
2-1 SECTION 2. Section 2.025, Election Code, is amended to read
2-2 as follows:
2-3 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
2-4 provided by this code [Subsection (b)], a runoff election shall be
2-5 held not earlier than the 20th or later than the 45th [30th] day
2-6 after the date the final canvass of the main election is completed.
2-7 (b) A runoff election date later than [may be held after]
2-8 the period prescribed by Subsection (a) may be prescribed by a
2-9 home-rule city charter [law but not later than the 45th day after
2-10 the date the final canvass of the main election is completed only
2-11 to:]
2-12 [(1) permit a joint runoff election to be held with
2-13 another political subdivision in accordance with Chapter 271; or]
2-14 [(2) avoid holding the runoff on:]
2-15 [(A) a legal state or national holiday; or]
2-16 [(B) a weekend day within three days of a legal
2-17 state or national holiday].
2-18 (c) This section [Subsection (b)] supersedes a law outside
2-19 this subchapter to the extent of a conflict notwithstanding Section
2-20 2.022.
2-21 SECTION 3. Section 2.051(b), Election Code, is amended to
2-22 read as follows:
2-23 (b) In the case of an election in which any members of the
2-24 political subdivision's governing body are elected from territorial
2-25 units such as single-member districts, this subchapter applies to
2-26 the election in a particular territorial unit [single-member
2-27 district] if[:]
3-1 [(1)] each candidate whose name is to appear on the
3-2 ballot in that territorial unit [district] is unopposed and no
3-3 at-large proposition or opposed at-large race is to appear on the
3-4 ballot. This subchapter applies to an unopposed at-large race in
3-5 such an election regardless of whether an opposed race is to appear
3-6 on the ballot in a particular territorial unit[; and]
3-7 [(2) the requirements prescribed by Subsection (a) are
3-8 otherwise met].
3-9 SECTION 4. Section 2.053(c), Election Code, is amended to
3-10 read as follows:
3-11 (c) A certificate of election shall be issued to each
3-12 candidate in the same manner and at the same time as provided for a
3-13 candidate elected at the election. The candidate must qualify for
3-14 the office in the same manner as provided for a candidate elected
3-15 at the election.
3-16 SECTION 5. Section 13.004, Election Code, is amended to read
3-17 as follows:
3-18 Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
3-19 SOCIAL SECURITY NUMBER BY REGISTRAR. (a) The registrar may not
3-20 transcribe, copy, or otherwise record a telephone number furnished
3-21 on a registration application.
3-22 (b) The registrar may transcribe, copy, or otherwise record
3-23 a social security number furnished on a registration application
3-24 only in maintaining the accuracy of the registration records.
3-25 (c) A social security number or telephone number furnished
3-26 on a registration application is confidential and does not
3-27 constitute public information for purposes of Chapter 552,
4-1 Government Code. The registrar shall ensure that the social
4-2 security and telephone numbers are excluded from disclosure.
4-3 SECTION 6. Section 13.072(c), Election Code, is amended to
4-4 read as follows:
4-5 (c) Except as provided by Subsection (d) [or (e)], if the
4-6 registrar determines that an application does not comply with
4-7 Section 13.002 or does not indicate that the applicant is eligible
4-8 for registration, the registrar shall reject the application.
4-9 SECTION 7. Section 13.073, Election Code, is amended by
4-10 adding Subsection (c) to read as follows:
4-11 (c) If the registrar rejects an application for
4-12 incompleteness but receives a completed application not later than
4-13 the 10th day after the date the notice is delivered under
4-14 Subsection (a) or the date the incomplete application is returned
4-15 under Subsection (b), as applicable, the original date of
4-16 submission of the incomplete application is considered to be the
4-17 date of submission to the registrar for the purpose of determining
4-18 the effective date of registration.
4-19 SECTION 8. Section 13.122(a), Election Code, is amended to
4-20 read as follows:
4-21 (a) In addition to the other statements and spaces for
4-22 entering information that appear on an officially prescribed
4-23 registration application form, each official form must include:
4-24 (1) the statement: "I understand that giving false
4-25 information to procure a voter registration is perjury and a crime
4-26 under state and federal law.";
4-27 (2) a space for the applicant's registration number;
5-1 (3) a space for the applicant's Texas driver's license
5-2 number or number of a personal identification card issued by the
5-3 Department of Public Safety;
5-4 (4) a space for the applicant's telephone number;
5-5 (5) a space for the applicant's social security
5-6 number;
5-7 (6) a space for the applicant's sex;
5-8 (7) a statement indicating that the omission
5-9 [furnishing] of the applicant's driver's license number, personal
5-10 identification card number, telephone number, social security
5-11 number, or [and] sex does not affect the validity of the
5-12 registration application [is optional];
5-13 (8) a space or box for indicating whether the
5-14 applicant or voter is submitting new registration information or a
5-15 change in current registration information;
5-16 (9) a statement instructing a voter who is using the
5-17 form to make a change in current registration information to enter
5-18 the voter's name and the changed information in the appropriate
5-19 spaces on the form;
5-20 (10) a statement that if the applicant declines to
5-21 register to vote, that fact will remain confidential and will be
5-22 used only for voter registration purposes;
5-23 (11) a statement that if the applicant does register
5-24 to vote, information regarding the agency or office to which the
5-25 application is submitted will remain confidential and will be used
5-26 only for voter registration purposes; and
5-27 (12) any other voter registration information required
6-1 by federal law or considered appropriate and required by the
6-2 secretary of state.
6-3 SECTION 9. Section 15.025, Election Code, is amended to read
6-4 as follows:
6-5 Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN
6-6 REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE]. (a)
6-7 Except as provided by Subsections (b) and (d), the [The]
6-8 registration of a voter described by this subsection whose
6-9 information [residence] is changed on the registration records [to
6-10 another county election precinct in the same county] becomes
6-11 effective as to the change [in the precinct of new residence] on
6-12 the 30th day after:
6-13 (1) the date the voter submits to the registrar
6-14 [receives] a notice of a change in registration information under
6-15 Section 15.021 or a [voter's] response under Section 15.053,
6-16 indicating the change [of residence]; or
6-17 (2) the date the voter submits a statement of
6-18 residence to an election officer under Section 63.0011 or a
6-19 registration application or change of address to an agency employee
6-20 under Chapter 20, indicating the change [of residence].
6-21 (b) A change in registration information covered by this
6-22 section is effective for purposes of early voting if it will be
6-23 effective on election day.
6-24 (c) For purposes of determining the effective date of a
6-25 change in registration information covered by this section, a
6-26 document submitted by mail is considered to be submitted to the
6-27 registrar on the date it is placed with postage prepaid and
7-1 properly addressed in the United States mail. The date indicated by
7-2 the post office cancellation mark is considered to be the date the
7-3 document was placed in the mail unless proven otherwise.
7-4 (d) If the 30th day before the date of an election is a
7-5 Saturday, Sunday, or legal state or national holiday, the document
7-6 is considered to be timely if it is submitted to the registrar on
7-7 or before the next regular business day.
7-8 SECTION 10. The heading to Subchapter C, Chapter 15,
7-9 Election Code, is amended to read as follows:
7-10 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
7-11 [RESIDENCE]
7-12 SECTION 11. Section 15.051(a), Election Code, is amended to
7-13 read as follows:
7-14 (a) If the registrar:
7-15 (1) has reason to believe that a voter's current
7-16 residence is different from that indicated on the registration
7-17 records, the registrar shall deliver to the voter a written
7-18 confirmation notice requesting confirmation of the voter's current
7-19 residence; or
7-20 (2) receives information relating to the voter's death
7-21 from a source other than a source described by Section 16.001 or
7-22 16.031(b), the registrar shall deliver to the voter's address a
7-23 written confirmation notice requesting confirmation of the voter's
7-24 death.
7-25 SECTION 12. Section 15.052, Election Code, is amended to
7-26 read as follows:
7-27 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
8-1 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
8-2 confirmation notice requesting confirmation of a voter's current
8-3 residence must include:
8-4 (1) a statement that, if the voter fails to submit to
8-5 the registrar a written, signed response confirming the voter's
8-6 current residence on or before the 30th day after the date the
8-7 confirmation notice is mailed:
8-8 (A) the voter is subject to submission of a
8-9 statement of residence before the voter may be accepted for voting
8-10 in an election held after that deadline; or
8-11 (B) for a notice delivered under Section 14.023,
8-12 the voter will remain subject to submission of a statement of
8-13 residence before the voter may be accepted for voting in an
8-14 election; and
8-15 (2) a warning that the voter's registration is subject
8-16 to cancellation if the voter fails to confirm the voter's current
8-17 residence either by notifying the registrar in writing or voting on
8-18 a statement of residence before November 30 following the second
8-19 general election for state and county officers that occurs after
8-20 the date the confirmation notice is mailed.
8-21 (b) The officially prescribed form for a confirmation notice
8-22 requesting confirmation of a voter's death must include:
8-23 (1) a section that may be completed and signed by any
8-24 person related within the second degree by consanguinity or
8-25 affinity, as determined under Chapter 573, Government Code,
8-26 confirming by a sworn statement that the information relating to
8-27 the voter's death received by the registrar is correct;
9-1 (2) a section that must be completed and signed by the
9-2 voter notifying the registrar that information received by the
9-3 registrar relating to the voter's death is incorrect; and
9-4 (3) a statement that, if the completed and signed
9-5 section of the form described by Subdivision (2) is not submitted
9-6 to the registrar on or before the 60th day after the date the
9-7 confirmation notice is mailed, the voter's registration is subject
9-8 to cancellation in the same manner provided by Section 16.033.
9-9 (c) The official confirmation notice response form must be
9-10 postage prepaid and preaddressed for delivery to the registrar.
9-11 (d) [(c)] The registrar may prescribe a different design
9-12 from that prescribed by the secretary of state for an official
9-13 form, if approved by the secretary.
9-14 SECTION 13. Section 15.053(a), Election Code, is amended to
9-15 read as follows:
9-16 (a) Not later than the 30th day after the date a
9-17 confirmation notice requesting confirmation of a voter's current
9-18 residence is mailed, the voter shall submit to the registrar a
9-19 written, signed response to the notice that confirms the voter's
9-20 current residence. Not later than the 60th day after the date a
9-21 confirmation notice requesting confirmation of a voter's death is
9-22 mailed, a voter who is incorrectly referenced as deceased shall
9-23 submit to the registrar a written, signed response to the notice
9-24 notifying the registrar that the information received by the
9-25 registrar relating to the voter's death is incorrect.
9-26 SECTION 14. Section 16.003, Election Code, is amended as
9-27 follows:
10-1 Sec. 16.003. FELONY CONVICTION. (a) Each month the
10-2 Department of Public Safety shall prepare an abstract of each final
10-3 judgment received by the department posted to its criminal history
10-4 file convicting a person 18 years of age or older who is a resident
10-5 of the state of a felony.
10-6 (b) The Department of Public Safety shall file each abstract
10-7 with the secretary of state not later than the 10th day of the
10-8 month following the month in which the abstract is prepared. The
10-9 secretary of state shall file each abstract received under this
10-10 subsection with the voter registrar of the person's county of
10-11 residence not later than the 10th day of the month following the
10-12 month in which the abstract is received under this subsection.
10-13 [Each month the institutional division of the Texas Department of
10-14 Criminal Justice shall prepare an abstract of each final judgment
10-15 received by the institutional division, occurring in the month,
10-16 convicting a person 18 years of age or older who is a resident of
10-17 the state of a felony.]
10-18 [(b) The institutional division of the Texas Department of
10-19 Criminal Justice shall file each abstract with the voter registrar
10-20 of the person's county of residence not later than the 10th day of
10-21 the month following the month in which the abstract is prepared.]
10-22 SECTION 15. Sections 16.033(c) and (d), Election Code, are
10-23 amended to read as follows:
10-24 (c) The notice must include:
10-25 (1) a request for information relevant to determining
10-26 the voter's eligibility for registration; and
10-27 (2) a warning that the voter's registration is subject
11-1 to cancellation if the registrar does not receive an appropriate
11-2 reply on or before the 30th [60th] day after the date the notice is
11-3 mailed.
11-4 (d) Except as provided by Subsection (e), the registrar
11-5 shall cancel a voter's registration if:
11-6 (1) after considering the voter's reply, the registrar
11-7 determines that the voter is not eligible for registration;
11-8 (2) no reply is received from the voter on or before
11-9 the 30th [60th] day after the date the notice is mailed to the
11-10 voter under Subsection (b); or
11-11 (3) each notice mailed under Subsection (b) is
11-12 returned undelivered to the registrar with no forwarding
11-13 information available.
11-14 SECTION 16. Sections 16.0332(a) and (b), Election Code, are
11-15 amended to read as follows:
11-16 (a) After the registrar receives a list under Section
11-17 62.113, Government Code, of persons excused or disqualified from
11-18 jury service because of citizenship status, the registrar shall
11-19 deliver to each registered voter whose name [who] appears on the
11-20 list a written notice requiring the voter to submit to the
11-21 registrar [provide] proof of United States citizenship in the form
11-22 of a certified copy of the voter's birth certificate, United States
11-23 passport, or certificate of naturalization or any other [a] form
11-24 prescribed by the secretary of state. The notice shall be
11-25 delivered by forwardable mail to the mailing address on the voter's
11-26 registration application and to any new address of the voter known
11-27 to the registrar.
12-1 (b) If a voter fails to submit to [provide] the registrar
12-2 [with] proof of citizenship on or before the 30th [31st] day after
12-3 the date the notice is mailed [to the voter], the registrar shall
12-4 cancel the voter's registration.
12-5 SECTION 17. Section 16.036(a), Election Code, is amended to
12-6 read as follows:
12-7 (a) Immediately after cancellation of a voter's registration
12-8 under Section 16.031(a)(3), 16.033, [or] 16.0331, or 16.0332, the
12-9 registrar shall deliver written notice of the cancellation to the
12-10 voter.
12-11 SECTION 18. Section 18.008(a), Election Code, is amended to
12-12 read as follows:
12-13 (a) The registrar shall furnish a copy of any list prepared
12-14 under this subchapter to any person requesting it. The copy shall
12-15 be furnished without the names of voters whose names appear on a
12-16 list with the notation "S", or a similar notation, if requested in
12-17 that form. The registrar shall furnish the list directly to the
12-18 person requesting it. If the county has contracted with a computer
12-19 service company or other private business entity for services
12-20 related to the lists required under this subchapter, the registrar
12-21 may not require the person requesting the list to contact the
12-22 company or other entity to obtain a copy of the list.
12-23 SECTION 19. Section 19.001(a), Election Code, is amended to
12-24 read as follows:
12-25 (a) Before May 15 of each year, the registrar shall prepare
12-26 and submit to the comptroller of public accounts a statement
12-27 containing:
13-1 (1) the total number of initial registrations for the
13-2 previous voting year;
13-3 (2) the total number of registrations canceled under
13-4 Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
13-5 voting year; and
13-6 (3) the total number of registrations for which
13-7 information was updated for the previous voting year.
13-8 SECTION 20. Section 20.035, Election Code, is amended by
13-9 amending Subsection (b) and adding Subsection (c) to read as
13-10 follows:
13-11 (b) Except as provided by Subsection (c), an [An]
13-12 application shall be delivered to the registrar not later than 5
13-13 p.m. of the fifth day after the date the application is submitted
13-14 to the employee.
13-15 (c) An application submitted after the 34th day and before
13-16 the 29th day before the date of an election held on a uniform
13-17 election date or the date of a general primary election or the date
13-18 of a runoff primary election in which any qualified voter of the
13-19 county is eligible to vote shall be delivered not later than 5 p.m.
13-20 of the 29th day before election day.
13-21 SECTION 21. Section 20.063, Election Code, is amended by
13-22 adding Subsection (e) to read as follows:
13-23 (e) If an applicant for an original or renewal driver's
13-24 license, personal identification card, or duplicate or corrected
13-25 license or card completes a voter registration application form
13-26 provided by the department and the department issues a temporary
13-27 license or card, the department shall indicate on the temporary
14-1 license or card that the applicant has completed a voter
14-2 registration application form provided by the department. The
14-3 secretary of state shall prescribe procedures to permit a person to
14-4 use a temporary license or card issued under this subsection for
14-5 purposes of voting in an election.
14-6 SECTION 22. Section 63.006, Election Code, is amended by
14-7 adding Subsection (c) to read as follows:
14-8 (c) A voter who, when offering to vote, presents a temporary
14-9 license or card that indicates that the voter has completed a voter
14-10 registration application as provided by Section 20.063(e) shall be
14-11 accepted for voting under this section if:
14-12 (1) the application was made at least 30 days before
14-13 the date of the election;
14-14 (2) the address indicated on the temporary license or
14-15 card indicates that the voter is a resident of the precinct in
14-16 which the voter is offering to vote or is otherwise entitled by law
14-17 to vote in that precinct;
14-18 (3) the voter completes a voter registration
14-19 application at the polling place; and
14-20 (4) the election judge reviews the voter registration
14-21 application.
14-22 SECTION 23. Section 63.008, Election Code, is amended by
14-23 amending Subsection (a) and adding Subsection (c) to read as
14-24 follows:
14-25 (a) Except as provided by Subsection (c), a [A] voter who
14-26 does not present a voter registration certificate when offering to
14-27 vote, but whose name is on the list of registered voters for the
15-1 precinct in which the voter is offering to vote, shall be accepted
15-2 for voting if the voter executes an affidavit stating that the
15-3 voter does not have the voter's voter registration certificate in
15-4 the voter's possession at the polling place at the time of offering
15-5 to vote and:
15-6 (1) the voter presents proof of identification in a
15-7 form described by Section 63.0101; or
15-8 (2) the affidavit is also signed by a person who is
15-9 working at the polling place and who attests to the identity of the
15-10 voter.
15-11 (c) A voter who, when offering to vote, presents a temporary
15-12 license or card that indicates that the voter has completed a voter
15-13 registration application as provided by Section 20.063(e) and whose
15-14 name is on the list of registered voters for the precinct in which
15-15 the voter is offering to vote shall be accepted for voting under
15-16 Section 63.001 if:
15-17 (1) the application was made at least 30 days before
15-18 the date of the election; and
15-19 (2) the address indicated on the temporary license or
15-20 card indicates that the voter is a resident of the precinct in
15-21 which the voter is offering to vote or is otherwise entitled by law
15-22 to vote in that precinct.
15-23 SECTION 24. Section 63.0101, Election Code, is amended to
15-24 read as follows:
15-25 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
15-26 following documentation is acceptable as proof of identification
15-27 under this chapter:
16-1 (1) a driver's license or personal identification card
16-2 issued to the person by the Department of Public Safety or a
16-3 similar document issued to the person by an agency of another
16-4 state, regardless of whether the license or card has expired;
16-5 (2) a form of identification containing the person's
16-6 photograph that establishes the person's identity;
16-7 (3) a birth certificate or other document confirming
16-8 birth that is admissible in a court of law and establishes the
16-9 person's identity;
16-10 (4) United States citizenship papers issued to the
16-11 person;
16-12 (5) a United States passport issued to the person;
16-13 (6) pre-printed checks containing the person's name
16-14 that are issued for a financial institution doing business in this
16-15 state;
16-16 (7) official mail addressed to the person by name from
16-17 a governmental entity;
16-18 (8) two other forms of identification that establish
16-19 the person's identity; [or]
16-20 (9) an affidavit executed by a person who is working
16-21 at the polling place that attests to the identity of the voter, if
16-22 the voter does not have documentation described by Subdivisions
16-23 (1)-(8) in the voter's possession at the polling place at the time
16-24 of offering to vote; or
16-25 (10) any other form of identification prescribed by
16-26 the secretary of state.
16-27 SECTION 25. Section 67.016(e), Election Code, is amended to
17-1 read as follows:
17-2 (e) The authority preparing a certificate of election shall
17-3 promptly deliver it to the person for whom it is prepared, subject
17-4 to Section 212.0331.
17-5 SECTION 26. Section 83.006(b), Election Code, is amended to
17-6 read as follows:
17-7 (b) To be eligible for appointment as early voting clerk
17-8 under this section, a person must meet the requirements for
17-9 eligibility for service as a presiding election judge, except that:
17-10 (1) an appointee must be a qualified voter of the
17-11 political subdivision and is not required to be a qualified voter
17-12 of any other particular territory; [and]
17-13 (2) in an election in which an officer of the
17-14 political subdivision is a candidate, an appointee's status as an
17-15 employee of the political subdivision does not make the appointee
17-16 ineligible for appointment as the clerk; and
17-17 (3) an appointee who is a permanent employee of the
17-18 political subdivision and a qualified voter of any territory is not
17-19 required to be a qualified voter of the political subdivision.
17-20 SECTION 27. Section 83.007(b), Election Code, is amended to
17-21 read as follows:
17-22 (b) To be eligible for appointment as early voting clerk
17-23 under this section, a person must meet the requirements for
17-24 eligibility for service as a presiding election judge, except that:
17-25 (1) an [the] appointee must be a qualified voter of
17-26 the territory covered by the election and is not required to be a
17-27 qualified voter of any other particular territory; and
18-1 (2) an appointee who is a permanent employee of the
18-2 authority ordering the election and a qualified voter of any
18-3 territory is not required to be a qualified voter of the territory
18-4 covered by the election.
18-5 SECTION 28. Section 83.032(b), Election Code, is amended to
18-6 read as follows:
18-7 (b) For a temporary deputy to be eligible for appointment as
18-8 a deputy early voting clerk under this section, the temporary
18-9 deputy must meet the requirements for eligibility for service as a
18-10 presiding election judge, except that:
18-11 (1) an appointee is not required to be a qualified
18-12 voter of any particular territory other than the county, in the
18-13 case of an appointment by a county clerk, or the city, in the case
18-14 of an appointment by a city secretary; [and]
18-15 (2) in an election in which the early voting clerk is
18-16 a candidate, an appointee's status as an employee of the clerk does
18-17 not make the appointee ineligible for appointment as a deputy early
18-18 voting clerk; and
18-19 (3) an appointee who is a permanent employee of the
18-20 county or city, as applicable, and a qualified voter of any
18-21 territory is not required to be a qualified voter of the county or
18-22 city, as applicable.
18-23 SECTION 29. Section 84.032, Election Code, is amended by
18-24 amending Subsection (b) and adding Subsection (e) to read as
18-25 follows:
18-26 (b) A request must:
18-27 (1) be in writing and signed by the applicant;
19-1 (2) specify the election for which the application was
19-2 made; and
19-3 (3) except as provided by Subsection (c), [or] (d), or
19-4 (e), be received by the early voting clerk:
19-5 (A) not later than the third day before election
19-6 day; and
19-7 (B) if an early voting ballot sent to the
19-8 applicant is returned to the clerk as a marked ballot, before the
19-9 marked ballot's arrival at the address on the carrier envelope.
19-10 (e) An applicant may also submit a request at any time after
19-11 the early voting ballot is returned to the early voting clerk as a
19-12 marked ballot and before the ballot is delivered to the early
19-13 voting ballot board by appearing in person and executing an
19-14 affidavit that the applicant did not mark the ballot.
19-15 SECTION 30. Section 86.003(c), Election Code, is amended to
19-16 read as follows:
19-17 (c) The address to which the balloting materials must be
19-18 addressed is the address at which the voter is registered to vote,
19-19 or the registered mailing address if different, unless the ground
19-20 for voting by mail is:
19-21 (1) absence from the county of residence, in which
19-22 case the address must be an address outside the voter's county of
19-23 residence;
19-24 (2) confinement in jail, in which case the address
19-25 must be the address of the jail or of a relative described by
19-26 Section 84.002(a)(4); or
19-27 (3) age or disability and the voter is living at a
20-1 hospital, nursing home or other long-term care facility, or
20-2 retirement center, or with a relative described by Section
20-3 84.002(a)(3), in which case the address must be the address of that
20-4 facility or relative.
20-5 SECTION 31. Section 86.007(d), Election Code, is amended to
20-6 read as follows:
20-7 (d) A marked ballot voted by mail that arrives after the
20-8 time prescribed by Subsection (a) shall be counted if:
20-9 (1) the ballot was cast from an address outside the
20-10 United States;
20-11 (2) the carrier envelope was placed for delivery
20-12 before the time the ballot is required to arrive under Subsection
20-13 (a); and
20-14 (3) the ballot arrives at the address on the carrier
20-15 envelope not later than:
20-16 (A) the fifth day after the date of the general
20-17 election for state and county officers; or
20-18 (B) the second day after the date of an election
20-19 other than the general election for state and county officers or
20-20 the fifth day after the date of a joint election if the political
20-21 subdivision's ballot is combined with the ballot for the general
20-22 election for state and county officers.
20-23 SECTION 32. Section 87.0241, Election Code, is amended by
20-24 amending Subsection (b) and adding Subsection (c) to read as
20-25 follows:
20-26 (b) The board may not count early voting ballots until:
20-27 (1) the polls open on election day; or
21-1 (2) in an election conducted by an authority of a
21-2 county with a population of 100,000 or more or conducted jointly
21-3 with such a county, the end of the period for early voting by
21-4 personal appearance.
21-5 (c) The secretary of state shall prescribe any procedures
21-6 necessary for implementing this section in regard to elections
21-7 described by Subsection (b)(2).
21-8 SECTION 33. Subchapter B, Chapter 87, Election Code, is
21-9 amended by adding Section 87.0242 to read as follows:
21-10 Sec. 87.0242. NOTICE OF BOARD MEETING. (a) Notice of the
21-11 date and time of an early voting ballot board meeting shall be
21-12 posted at the main early voting polling place not later than the
21-13 fifth day before the date of the meeting. The notice must remain
21-14 posted continuously until the end of the meeting.
21-15 (b) The notice shall be posted by:
21-16 (1) the early voting clerk; or
21-17 (2) in the general election for state and county
21-18 officers, the county elections board.
21-19 (c) If the board must reconvene the meeting for which a
21-20 notice is posted:
21-21 (1) the presiding judge of the board shall announce at
21-22 the end of the meeting the date and time the meeting will
21-23 reconvene; and
21-24 (2) the appropriate authority shall post an amended
21-25 notice at the same location as the original notice.
21-26 SECTION 34. Section 87.027, Election Code, is amended to read
21-27 as follows:
22-1 Sec. 87.027. SIGNATURE VERIFICATION COMMITTEE. (a) Except
22-2 as provided by Subsection (b), a [A] signature verification
22-3 committee may be appointed in any election. The early voting clerk
22-4 is the authority responsible for determining whether a signature
22-5 verification committee is to be appointed. If the clerk determines
22-6 that a committee is to be appointed, the clerk shall issue a
22-7 written order calling for the appointment. [Section 87.0271
22-8 supersedes this section to the extent of a conflict.]
22-9 (b) A signature verification committee shall be appointed in
22-10 the general election for state and county officers on submission to
22-11 the early voting clerk of a written request for the committee by at
22-12 least 15 registered voters of the county. The request must be
22-13 submitted not later than the preceding October 1, and a request
22-14 submitted by mail is considered to be submitted at the time of its
22-15 receipt by the clerk.
22-16 (c) The following authority is responsible for appointing
22-17 the members of a signature verification committee:
22-18 (1) the county election board, in an election for
22-19 which the board is established;
22-20 (2) the county chair, in a primary election; and
22-21 (3) the governing body of the political subdivision,
22-22 in an election ordered by an authority of a political subdivision
22-23 other than a county.
22-24 (d) [(c)] Not later than the fifth day after the date the
22-25 early voting clerk issues the order calling for the appointment of
22-26 a signature verification committee, or not later than October 15
22-27 for a committee required under Subsection (b), the appropriate
23-1 authority shall appoint the members of the committee and designate
23-2 one of the appointees as chair, subject to Subsection (f). The
23-3 authority shall fill a vacancy on the committee by appointment as
23-4 soon as possible after the vacancy occurs, subject to Subsection
23-5 (f). The early voting clerk shall post notice of the name and
23-6 residence address of each appointee. The notice must remain posted
23-7 continuously for the period beginning the day after the date of the
23-8 appointment and ending on the last day of the committee's operation
23-9 in the election.
23-10 (e) [(d)] The early voting clerk shall determine the number
23-11 of members who are to compose the signature verification committee
23-12 and shall state that number in the order calling for the
23-13 committee's appointment. A committee must consist of not fewer
23-14 than five members.
23-15 (f) In an election [and, in elections] in which party
23-16 alignment is indicated on the ballot, each county chair of a
23-17 political party with a nominee or aligned candidate on the ballot
23-18 shall submit to the appointing authority a list of names of persons
23-19 eligible to serve on the signature verification committee. The
23-20 authority shall appoint at least two persons from each list to
23-21 serve as members of the committee. The same number of members must
23-22 be appointed from each list. The authority shall appoint the chair
23-23 of the committee from the list provided by the political party
23-24 whose nominee for governor received the most votes in the county in
23-25 the most recent gubernatorial general election. A vacancy on the
23-26 committee shall be filled to ensure the political party balance on
23-27 the committee by appointment from the original list or from a new
24-1 list submitted by the appropriate county chair [must be balanced as
24-2 equally as possible by members of each political party required to
24-3 nominate candidates by primary election].
24-4 (g) [(e)] To be eligible to serve on a signature
24-5 verification committee, a person must be a qualified voter:
24-6 (1) of the county, in a countywide election ordered by
24-7 the governor or a county authority or in a primary election;
24-8 (2) of the part of the county in which the election is
24-9 held, for an election ordered by the governor or a county authority
24-10 that does not cover the entire county of the person's residence; or
24-11 (3) of the political subdivision, in an election
24-12 ordered by an authority of a political subdivision other than a
24-13 county.
24-14 (h) [(f)] The early voting clerk shall determine the place,
24-15 day or days, and hours of operation of the signature verification
24-16 committee and shall state that information in the order calling for
24-17 the committee's appointment. A committee may not begin operating
24-18 before the 20th day before election day.
24-19 (i) [(g)] The early voting clerk shall post a copy of the
24-20 order calling for the appointment of the signature verification
24-21 committee. The copy must remain posted continuously for at least
24-22 10 days before the first day the committee meets.
24-23 (j) [(h)] If a signature verification committee is appointed
24-24 for the election, the early voting clerk shall deliver the jacket
24-25 envelopes containing the early voting ballots voted by mail to the
24-26 committee instead of to the early voting ballot board. Deliveries
24-27 may be made only during the period of the committee's operation at
25-1 times scheduled in advance of delivery by the early voting clerk.
25-2 The clerk shall post notice of the time of each delivery. The
25-3 notice must remain posted continuously for at least two days before
25-4 the date of the delivery.
25-5 (k) [(i)] The signature verification committee shall compare
25-6 the signature on each carrier envelope certificate, except those
25-7 signed for a voter by a witness, with the signature on the voter's
25-8 ballot application to determine whether the signatures are those of
25-9 the same person. The committee may also compare the signatures
25-10 with the signature on the voter's registration application to
25-11 confirm that the signatures are those of the same person [match]
25-12 but may not use the registration application signature to determine
25-13 that the signatures are not those of the same person [do not
25-14 match]. If the committee chair determines that the ballots are so
25-15 numerous that the full committee cannot review each carrier
25-16 envelope certificate and ballot application independently, the
25-17 chair may designate subcommittees of the committee members to
25-18 compare signatures under this subsection. In an election in which
25-19 party alignment is indicated on the ballot, the subcommittees must
25-20 be balanced as equally as possible by members of each political
25-21 party required to nominate candidates by primary election. A
25-22 determination under this subsection that the signatures are not
25-23 those of the same person [do not match] must be made by a majority
25-24 vote of the committee's membership. The committee shall place the
25-25 jacket envelopes, carrier envelopes, and applications of voters
25-26 whose signatures are not those of the same person [do not match] in
25-27 separate containers from those of voters whose signatures are those
26-1 of the same person [match]. The committee chair shall deliver the
26-2 sorted materials to the early voting ballot board at the time
26-3 specified by the board's presiding judge but within the period
26-4 permitted for the early voting clerk's delivery of early voting
26-5 ballots to the board.
26-6 (l) [(j)] If a signature verification committee is
26-7 appointed, the early voting ballot board shall follow the same
26-8 procedure for accepting the early voting ballots voted by mail as
26-9 in an election without a signature verification committee, except
26-10 that the board may not determine whether a voter's signatures on
26-11 the carrier envelope certificate and ballot application are those
26-12 of the same person [match] if the committee has determined that the
26-13 signatures are those of the same person [match]. If the committee
26-14 has determined that the signatures are not those of the same person
26-15 [do not match], the board may make a determination that the
26-16 signatures are those of the same person [match] by a majority vote
26-17 of the board's membership.
26-18 (m) [(k)] Postings required by this section shall be made on
26-19 the bulletin board used for posting notice of meetings of the
26-20 commissioners court, in an election for which the county election
26-21 board is established or a primary election, or of the governing
26-22 body of the political subdivision in other elections.
26-23 SECTION 35. Section 87.041(b), Election Code, is amended to
26-24 read as follows:
26-25 (b) A ballot may be accepted only if:
26-26 (1) the carrier envelope certificate is properly
26-27 executed;
27-1 (2) neither the voter's signature on the ballot
27-2 application nor the signature on the carrier envelope certificate
27-3 is determined to have been executed by a person other than the
27-4 voter, unless signed by a witness;
27-5 (3) the voter's ballot application states a legal
27-6 ground for early voting by mail;
27-7 (4) the voter is registered to vote, if registration
27-8 is required by law;
27-9 (5) the address to which the ballot was mailed to the
27-10 voter, as indicated by the application, was outside the voter's
27-11 county of residence, if the ground for early voting is absence from
27-12 the county of residence; [and]
27-13 (6) for a voter to whom a statement of residence form
27-14 was required to be sent under Section 86.002(a), the statement of
27-15 residence is returned in the carrier envelope and indicates that
27-16 the voter satisfies the residence requirements prescribed by
27-17 Section 63.0011; and
27-18 (7) the address to which the ballot was mailed to the
27-19 voter is an address that is otherwise required by Sections 84.002
27-20 and 86.003.
27-21 SECTION 36. Section 87.101, Election Code, is amended to read
27-22 as follows:
27-23 Sec. 87.101. [PREPARATION OF BALLOTS;] DELIVERY OF BALLOTS
27-24 TO COUNTING STATION. [(a)] On the direction of the presiding
27-25 judge, the early voting ballot board[, in accordance with Section
27-26 85.032(b),] shall deliver to the central counting station [open]
27-27 the container for the early voting electronic system ballots that
28-1 are to be counted by automatic tabulating equipment at a central
28-2 counting station. The board shall make the delivery without
28-3 opening the container and[, remove the ballots from the container,
28-4 and remove any ballots enclosed in ballot envelopes from their
28-5 envelopes.]
28-6 [(b) On the direction of the presiding judge, the early
28-7 voting ballot board may prepare the ballots for delivery to the
28-8 central counting station at any time after they are received and
28-9 shall deliver them] in accordance with the procedure applicable to
28-10 electronic system ballots cast at a precinct polling place.
28-11 SECTION 37. Section 87.1231, Election Code, is amended to
28-12 read as follows:
28-13 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT.
28-14 [(a)] Not later than the time of the local canvass, the early
28-15 voting clerk shall deliver to the local canvassing authority a
28-16 report of the total number of early voting votes for each candidate
28-17 or measure by election precinct. The report may reflect the total
28-18 for votes by mail and the total for votes by personal appearance.
28-19 [(b) The early voting clerk may not report vote totals under
28-20 Subsection (a) for an election precinct in which fewer than five
28-21 votes are cast during the early voting period.]
28-22 SECTION 38. Section 87.125(a), Election Code, is amended to
28-23 read as follows:
28-24 (a) The early voting ballot board shall convene to count
28-25 ballots voted by mail described by Section 86.007(d) at the time
28-26 set by the presiding judge of the board [on]:
28-27 (1) on the sixth day after the date of a general
29-1 election for state and county officers; [or]
29-2 (2) on the second [fifth] day after the date of a
29-3 primary [or special] election, at a time following the last mail
29-4 delivery, or on an earlier day or at an earlier time if the early
29-5 voting clerk certifies that all ballots mailed from outside the
29-6 United States have been received; or
29-7 (3) not earlier than the third day or later than the
29-8 fifth day after the date of an election other than an election
29-9 described by Subdivision (1) or (2).
29-10 SECTION 39. Section 102.003(b), Election Code, is amended to
29-11 read as follows:
29-12 (b) An application may be submitted after the last day of
29-13 the period for early voting by personal appearance and before 5 [2]
29-14 p.m. on election day.
29-15 SECTION 40. Section 104.003, Election Code, is amended to
29-16 read as follows:
29-17 Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this
29-18 chapter shall be conducted on election day, beginning at 7 [8] a.m.
29-19 and concluding at 7 [2] p.m., at the main early voting polling
29-20 place[, except that the voting shall begin at 7 a.m. and conclude
29-21 at 7 p.m. in an election in which mechanical voting machines are
29-22 used]. However, if the early voting ballots voted by mail are
29-23 processed at a location other than the main early voting polling
29-24 place, the early voting clerk may require the voting to be
29-25 conducted at that location.
29-26 SECTION 41. Section 112.002(a), Election Code, is amended to
29-27 read as follows:
30-1 (a) After changing residence to another county, a person is
30-2 eligible to vote a limited ballot by personal appearance during the
30-3 early voting period or by mail if:
30-4 (1) the person would have been eligible to vote in the
30-5 county of former residence on election day if still residing in
30-6 that county; and
30-7 (2) [the date of the election is not more than 90 days
30-8 after the new residence is established; and]
30-9 [(3)] a voter registration for the person in the
30-10 county of new residence is not effective on or before election day.
30-11 SECTION 42. Section 121.003, Election Code, is amended by
30-12 adding Subdivision (17) to read as follows:
30-13 (17) "Direct recording electronic voting machine" or
30-14 "DRE" means a voting machine that is designed to allow a direct
30-15 vote on the machine by the manual touch of a screen, monitor, or
30-16 other device and that records the individual votes and vote totals
30-17 electronically.
30-18 SECTION 43. Chapter 144, Election Code, is amended by adding
30-19 Section 144.006 to read as follows:
30-20 Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
30-21 CANDIDATE. Except as otherwise provided by law, a declaration of
30-22 write-in candidacy must be filed not later than 5 p.m. of the fifth
30-23 day after the date an application for a place on the ballot is
30-24 required to be filed in an election in which:
30-25 (1) the filing deadline for an application for a place
30-26 on the ballot is the 45th day before election day; and
30-27 (2) write-in votes may be counted only for names
31-1 appearing on a list of declared write-in candidates.
31-2 SECTION 44. Sections 146.051 and 146.055, Election Code, are
31-3 amended to read as follows:
31-4 Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
31-5 In an [a general] election for city officers, a write-in vote may
31-6 not be counted unless the name written in appears on the list of
31-7 write-in candidates.
31-8 Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS.
31-9 Subchapter B applies to write-in voting in an [a general] election
31-10 for city officers except to the extent of a conflict with this
31-11 subchapter.
31-12 SECTION 45. Chapter 146, Election Code, is amended by adding
31-13 Subchapter D to read as follows:
31-14 SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION TO
31-15 FILL VACANCY IN LEGISLATURE
31-16 Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
31-17 In a special election to fill a vacancy in the legislature, a
31-18 write-in vote may not be counted unless the name written in appears
31-19 on the list of write-in candidates.
31-20 Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
31-21 be entitled to a place on the list of write-in candidates, a
31-22 candidate must file a declaration of write-in candidacy with the
31-23 secretary of state.
31-24 Sec. 146.083. FILING DEADLINE. A declaration of write-in
31-25 candidacy must be filed not later than 5 p.m. of the fifth day
31-26 after the date an application for a place on the ballot is required
31-27 to be filed.
32-1 Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS.
32-2 Subchapter B applies to write-in voting in a special election to
32-3 fill a vacancy in the legislature except to the extent of a
32-4 conflict with this subchapter.
32-5 SECTION 46. Sections 172.126(a) and (c), Election Code, are
32-6 amended to read as follows:
32-7 (a) The primary elections in a county may be conducted
32-8 jointly at the regular polling places designated for the general
32-9 election for state and county officers. The county clerk shall
32-10 supervise the overall conduct of the joint primary elections. This
32-11 section applies to the conduct of joint primary elections
32-12 notwithstanding and in addition to other applicable provisions of
32-13 this code. The decision to conduct a joint general primary
32-14 election or runoff primary election, as applicable, must be made by
32-15 majority vote of the full membership of the commissioners court and
32-16 with the unanimous approval of the county clerk and the county
32-17 chair of each political party required to nominate candidates by
32-18 primary election.
32-19 (c) One set of election officers shall conduct the primary
32-20 elections at each polling place. Not later than the second Monday
32-21 in December preceding the primary elections, each county chair
32-22 shall deliver to the county clerk a list of the names of the
32-23 election judges and clerks for that party. The presiding judge of
32-24 each party, or alternate judge if applicable, serves as a co-judge
32-25 for the precinct. If an eligible presiding co-judge and alternate
32-26 co-judge cannot be found to serve for a particular party in a
32-27 precinct, a joint primary may not be conducted in that precinct,
33-1 and that precinct must be consolidated with another precinct that
33-2 has an eligible presiding co-judge and alternate co-judge to serve
33-3 for each party. The county clerk shall appoint the election clerks
33-4 in accordance with rules prescribed by the secretary of state. The
33-5 secretary of state shall prescribe the maximum number of clerks
33-6 that may be appointed for each precinct. The early voting ballot
33-7 board and any central counting station shall also be composed of
33-8 and administered by one set of election officers that provides
33-9 representation for each party, and the secretary of state by rule
33-10 shall prescribe procedures consistent with this subsection for the
33-11 appointment of those officers.
33-12 SECTION 47. Subchapter E, Chapter 172, Election Code, is
33-13 amended by adding Section 172.127 to read as follows:
33-14 Sec. 172.127. CONDUCT OF PRIMARY ELECTION IN COUNTY WITHOUT
33-15 COUNTY CHAIR. (a) Notwithstanding and in addition to other
33-16 applicable provisions of this code, this section applies to the
33-17 conduct of a primary election in a county for a political party
33-18 that:
33-19 (1) is holding a primary election in the county; and
33-20 (2) during the period beginning on the first day of
33-21 the filing period for candidacy in the election and continuing
33-22 through election day, has a vacancy in the office of county chair
33-23 that is not filled under Section 171.024, 171.025, or 171.027
33-24 within 10 days after the date the vacancy is made known to the
33-25 appropriate authority.
33-26 (b) The county clerk shall supervise the overall conduct of
33-27 the primary election for a political party covered by this section.
34-1 The county clerk shall perform the duties and functions prescribed
34-2 by this code for the county chair or county executive committee in
34-3 conducting the primary election and in attending to related
34-4 electoral matters.
34-5 (c) The state chair of the affected political party shall
34-6 perform the duties and functions prescribed by this code for the
34-7 county chair or county executive committee in processing
34-8 applications for a place on the ballot, certifying candidates'
34-9 names, and attending to political party matters related to the
34-10 conduct of the primary election.
34-11 (d) The state chair shall certify the appropriate
34-12 candidates' names to the county clerk for placement on the general
34-13 primary election ballot in accordance with procedures prescribed by
34-14 the secretary of state.
34-15 (e) The regular polling places designated for the general
34-16 election for state and county officers shall be used for each
34-17 precinct in the primary election unless the precinct is one that is
34-18 consolidated. In that case, the county clerk shall designate the
34-19 location. At least one polling place shall be located in each
34-20 commissioners precinct, except that in a county with a population
34-21 of less than 100,000, the county may be served instead by one
34-22 polling place located at the county seat.
34-23 (f) The secretary of state by rule shall prescribe the
34-24 procedures necessary to implement this section and to facilitate
34-25 the orderly and proper conduct of a primary election covered by
34-26 this section.
34-27 SECTION 48. Subchapter A, Chapter 173, Election Code, is
35-1 amended by adding Section 173.012 to read as follows:
35-2 Sec. 173.012. PRIMARY FINANCING IN COUNTY WITHOUT COUNTY
35-3 CHAIR. (a) Notwithstanding and in addition to other applicable
35-4 provisions of this code, this section applies to the financing of a
35-5 primary election covered by Section 172.127.
35-6 (b) State funds may be spent to pay expenses incurred by a
35-7 county in connection with the primary election.
35-8 (c) The county clerk shall submit to the secretary of state
35-9 a written statement of estimated expenses to be incurred in
35-10 connection with the primary election.
35-11 (d) The county clerk shall file with the secretary of state
35-12 a sworn report containing an itemized list of the actual expenses
35-13 incurred by the county clerk in connection with the general and
35-14 runoff primaries.
35-15 (e) The secretary of state shall prescribe the rules
35-16 necessary to implement this section and to facilitate the orderly
35-17 and proper financing of a primary election covered by this section.
35-18 SECTION 49. Section 173.011(b), Election Code, is amended to
35-19 read as follows:
35-20 (b) Any surplus remaining in a county primary fund shall be
35-21 remitted to the secretary of state [county clerk] immediately after
35-22 the final payment from the fund of the necessary expenses for
35-23 holding the primary elections for that year, but not later than
35-24 July 1 following the applicable primary election. The surplus in
35-25 the primary fund shall be remitted regardless of whether state
35-26 funds were requested by the chair. [Any surplus primary funds
35-27 received by the county clerk under this subsection may be used only
36-1 for paying the remaining expenses of the joint primary election.]
36-2 SECTION 50. Section 174.021, Election Code, is amended to
36-3 read as follows:
36-4 Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND
36-5 SENATORIAL DISTRICT CONVENTIONS; USE OF PARTY RULES. (a) The
36-6 delegates to a political party's county and senatorial district
36-7 conventions held under this chapter shall be selected in accordance
36-8 with party rules at precinct conventions held as provided by this
36-9 subchapter.
36-10 (b) Notwithstanding Subsection (a), party rules may provide
36-11 for the holding of a precinct convention in a manner other than
36-12 that provided by this subchapter, including the date, hour, place,
36-13 or other procedures necessary to hold the convention.
36-14 SECTION 51. Subchapter C, Chapter 181, Election Code, is
36-15 amended by adding Section 181.0615 to read as follows:
36-16 Sec. 181.0615. USE OF PARTY RULES FOR PRECINCT, COUNTY, OR
36-17 DISTRICT CONVENTIONS. Notwithstanding any other provision of this
36-18 subchapter, a political party by rule may provide for the holding
36-19 of a precinct convention in a manner other than that provided by
36-20 this subchapter, including the date, hour, place, or other
36-21 procedures necessary to hold a convention.
36-22 SECTION 52. Section 212.001, Election Code, is amended to
36-23 read as follows:
36-24 Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
36-25 recount document submitted under this title must:
36-26 (1) be in writing;
36-27 (2) identify the office or measure for which a recount
37-1 is desired;
37-2 (3) state the grounds for the recount;
37-3 (4) state the side of the measure that the person
37-4 requesting the recount represents, if applicable;
37-5 (5) identify the election precincts, grouped by county
37-6 or other appropriate territorial unit if the election involves more
37-7 than one local canvassing authority, for which a recount is desired
37-8 and must indicate the method of voting used in each precinct;
37-9 (6) be signed by:
37-10 (A) the person requesting the recount or, if
37-11 there is more than one, any one or more of them; or
37-12 (B) an agent of the person requesting the
37-13 recount;
37-14 (7) state each requesting person's name, residence
37-15 address, and, if authorization to obtain the recount is based on
37-16 eligibility to vote in the election, voter registration number, and
37-17 county of registration if the election covers territory in more
37-18 than one county;
37-19 (8) designate an agent who is a resident of this state
37-20 to receive notice under this title on behalf of the person
37-21 requesting the recount if:
37-22 (A) the person requesting the recount is not a
37-23 resident of this state; or
37-24 (B) there is more than one person requesting the
37-25 recount;
37-26 (9) state the mailing address and at least one
37-27 telephone number, if any, at which the person requesting the
38-1 recount or an agent, identified by name, may receive notice given
38-2 under this title; [and]
38-3 (10) state the mailing address and at least one
38-4 telephone number, if any, at which the opposing candidates for the
38-5 office or their agents, identified by name, may receive notice
38-6 given under this title; and
38-7 (11) be accompanied by a deposit as provided by
38-8 Subchapter E.
38-9 SECTION 53. Subchapter B, Chapter 212, Election Code, is
38-10 amended by adding Section 212.0331 to read as follows:
38-11 Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING
38-12 FOR OFFICE. (a) The submission of a recount petition delays the
38-13 issuance of a certificate of election and qualification for the
38-14 office involved in the recount pending completion of the recount.
38-15 (b) A candidate may not qualify for an office involved in a
38-16 recount before completion of the recount.
38-17 (c) This section does not affect a candidate who has
38-18 received a certificate of election and qualified for an office
38-19 before the submission of a recount petition involving the office.
38-20 (d) The secretary of state shall prescribe any procedures
38-21 necessary to implement this section.
38-22 SECTION 54. Section 212.088(a), Election Code, is amended to
38-23 read as follows:
38-24 (a) If the deadline for submitting an expedited recount
38-25 petition falls on a Saturday, Sunday, or legal state holiday, the
38-26 deadline is extended to 10 [9] a.m. of the next regular business
38-27 day.
39-1 SECTION 55. Section 212.111(b), Election Code, is amended to
39-2 read as follows:
39-3 (b) The [Except as provided by Subsection (c), the] deposit
39-4 must be in the form of cash or a cashier's check or money order
39-5 made payable to the recount coordinator.
39-6 SECTION 56. Section 212.112(a), Election Code, is amended to
39-7 read as follows:
39-8 (a) Subject to Subsection (d), the amount of the recount
39-9 deposit is determined by the number of precincts for which a
39-10 recount is requested in the document that the deposit accompanies,
39-11 in accordance with the following schedule:
39-12 (1) five times the maximum hourly rate of pay for
39-13 election judges, for a precinct in which:
39-14 (A) regular paper ballots were used;
39-15 (B) electronic voting system ballots, other than
39-16 punch-card ballots, are to be recounted manually; or
39-17 (C) both write-in votes and voting system votes
39-18 are to be recounted;
39-19 (2) 10 times the maximum hourly rate of pay for
39-20 election judges, for a precinct in which punch-card ballots are to
39-21 be recounted manually;
39-22 (3) three times the maximum hourly rate of pay for
39-23 election judges, for a precinct in which ballots are to be
39-24 recounted by automatic tabulating equipment and no write-in votes
39-25 are to be recounted; and
39-26 (4) two times the maximum hourly rate of pay for
39-27 election judges, for a precinct in which:
40-1 (A) voting machines, including direct recording
40-2 electronic voting machines, were used and no write-in votes are to
40-3 be recounted; or
40-4 (B) only the write-in votes cast in connection
40-5 with a voting system are to be recounted.
40-6 SECTION 57. Section 213.013(e), Election Code, is amended to
40-7 read as follows:
40-8 (e) To be eligible to serve as a representative at a
40-9 recount, the person must satisfy the eligibility requirements
40-10 prescribed by this code for watchers in the election. A
40-11 representative appointed to serve at a recount must deliver a
40-12 certificate of appointment to the recount committee chair at the
40-13 time the representative reports for service. A representative who
40-14 presents himself or herself for service at any time immediately
40-15 before or during the recount and submits a proper certificate of
40-16 appointment must be accepted for service unless the number of
40-17 appointees to which the appointing authority is entitled have
40-18 already been accepted.
40-19 SECTION 58. Section 277.002(a), Election Code, is amended to
40-20 read as follows:
40-21 (a) For a petition signature to be valid, a petition must:
40-22 (1) contain in addition to the signature:
40-23 (A) the signer's printed name;
40-24 (B) the signer's date of birth or [and] the
40-25 signer's voter registration number and, if the territory from which
40-26 signatures must be obtained is situated in more than one county,
40-27 the county of registration;
41-1 (C) the signer's residence address; and
41-2 (D) the date of signing; and
41-3 (2) comply with any other applicable requirements
41-4 prescribed by law.
41-5 SECTION 59. Section 601.004, Government Code, is amended to
41-6 read as follows:
41-7 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE,
41-8 DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a
41-9 certificate of election to an unexpired term of an office is
41-10 entitled to qualify for and assume the duties of the office
41-11 immediately and shall take office as soon as possible after the
41-12 receipt of the certificate of election, subject to Section
41-13 212.0331, Election Code.
41-14 SECTION 60. Section 521.101, Transportation Code, is amended
41-15 by adding Subsection (j) to read as follows:
41-16 (j) If an applicant for a personal identification
41-17 certificate or a duplicate or corrected certificate completes a
41-18 voter registration application form provided by the department
41-19 under Subchapter C, Chapter 20, Election Code, and the department
41-20 issues a temporary certificate, the department shall indicate on
41-21 the temporary certificate that the applicant has completed a voter
41-22 registration application form provided by the department.
41-23 SECTION 61. Section 521.124, Transportation Code, is amended
41-24 by adding Subsection (c) to read as follows:
41-25 (c) If an applicant for an original or renewal of a driver's
41-26 license or a duplicate or corrected license completes a voter
41-27 registration application form provided by the department and the
42-1 department issues a temporary license, the department shall
42-2 indicate on the temporary license that the applicant has completed
42-3 a voter registration application form provided by the department.
42-4 SECTION 62. Sections 13.072(e), 15.026, 87.0271, 145.006,
42-5 and 212.111(c), Election Code, are repealed.
42-6 SECTION 63. (a) The secretary of state shall study the
42-7 feasibility of developing a standardized electronic format for
42-8 entering voter information relating to residence address, including
42-9 reviewing any United States Postal Service approved software for
42-10 address standardization, for the purpose of identifying duplicate
42-11 registrations by voters.
42-12 (b) Not later than December 1, 2002, the secretary of state
42-13 shall issue a report summarizing:
42-14 (1) any recommendations by the secretary for address
42-15 standardization;
42-16 (2) any legislation proposed by the secretary for
42-17 address standardization; and
42-18 (3) any other findings or recommendations related to
42-19 the issue of address standardization.
42-20 (c) The secretary of state shall promptly deliver copies of
42-21 the report to the governor, the lieutenant governor, and the
42-22 speaker of the house of representatives.
42-23 SECTION 64. On or before January 1, 2002, the secretary of
42-24 state shall prescribe:
42-25 (1) a voter registration application form that
42-26 conforms to the changes made by Section 13.122, Election Code, as
42-27 amended by this Act; and
43-1 (2) a form for a confirmation notice and a
43-2 confirmation notice response that conforms to the changes made by
43-3 Sections 15.052 and 15.053, Election Code, as amended by this Act.
43-4 SECTION 65. On or before January 1, 2002, the Department of
43-5 Public Safety shall prescribe a temporary license form and a
43-6 temporary personal identification certificate form that conforms to
43-7 the changes made by Section 20.063(e), Election Code, as added by
43-8 this Act, and Sections 521.101(j) and 521.124(c), Transportation
43-9 Code, as added by this Act.
43-10 SECTION 66. (a) Except as provided by this section, this
43-11 Act takes effect September 1, 2001.
43-12 (b) The changes in law made by Section 13.122(a), Election
43-13 Code, as amended by this Act, take effect January 1, 2002, and
43-14 apply only to voter registration application forms produced on or
43-15 after that date. Voter registration application forms produced
43-16 before January 1, 2002, may continue to be used until the supply is
43-17 exhausted, and the former law governing those forms is continued in
43-18 effect for that purpose.
43-19 (c) The changes in law made by Section 20.063(e), Election
43-20 Code, as added by this Act, and Sections 521.101(j) and 521.124(c),
43-21 Transportation Code, as added by this Act, take effect January 1,
43-22 2002.