By Danburg H.B. No. 2509
77R6582 GGS-F
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 13.072(c), Election Code, is amended to
3-17 read as follows:
3-18 (c) Except as provided by Subsection (d) [or (e)], if the
3-19 registrar determines that an application does not comply with
3-20 Section 13.002 or does not indicate that the applicant is eligible
3-21 for registration, the registrar shall reject the application.
3-22 SECTION 6. Section 13.073, Election Code, is amended by
3-23 adding Subsection (c) to read as follows:
3-24 (c) If the registrar rejects an application for
3-25 incompleteness but receives a completed application not later than
3-26 the 10th day after the date the notice is delivered under
3-27 Subsection (a) or the date the incomplete application is returned
4-1 under Subsection (b), as applicable, the original date of
4-2 submission of the incomplete application is considered to be the
4-3 date of submission to the registrar for the purpose of determining
4-4 the effective date of registration.
4-5 SECTION 7. Section 15.025, Election Code, is amended to read
4-6 as follows:
4-7 Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN
4-8 REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE]. (a)
4-9 Except as provided by Subsections (b) and (d), the [The]
4-10 registration of a voter described by this subsection whose
4-11 information [residence] is changed on the registration records [to
4-12 another county election precinct in the same county] becomes
4-13 effective as to the change [in the precinct of new residence] on
4-14 the 30th day after:
4-15 (1) the date the voter submits to the registrar
4-16 [receives] a notice of a change in registration information under
4-17 Section 15.021 or a [voter's] response under Section 15.053,
4-18 indicating the change [of residence]; or
4-19 (2) the date the voter submits a statement of
4-20 residence to an election officer under Section 63.0011 or a
4-21 registration application or change of address to an agency employee
4-22 under Chapter 20, indicating the change [of residence].
4-23 (b) A change in registration information covered by this
4-24 section is effective for purposes of early voting if it will be
4-25 effective on election day.
4-26 (c) For purposes of determining the effective date of a
4-27 change in registration information covered by this section, a
5-1 document submitted by mail is considered to be submitted to the
5-2 registrar on the date it is placed with postage prepaid and
5-3 properly addressed in the United States mail. The date indicated by
5-4 the post office cancellation mark is considered to be the date the
5-5 document was placed in the mail unless proven otherwise.
5-6 (d) If the 30th day before the date of an election is a
5-7 Saturday, Sunday, or legal state or national holiday, the document
5-8 is considered to be timely if it is submitted to the registrar on
5-9 or before the next regular business day.
5-10 SECTION 8. Section 16.003, Election Code, is amended by
5-11 adding Subsections (c) and (d) to read as follows:
5-12 (c) Each month the Department of Public Safety shall prepare
5-13 an abstract of each final judgment received by the department,
5-14 occurring in the month, convicting a person 18 years of age or
5-15 older who is a resident of the state of a felony.
5-16 (d) The Department of Public Safety shall file each abstract
5-17 with the secretary of state not later than the 10th day of the
5-18 month following the month in which the abstract is prepared. The
5-19 secretary of state shall file each abstract received under this
5-20 subsection with the voter registrar of the person's county of
5-21 residence not later than the 10th day of the month following the
5-22 month in which the abstract is received under this subsection.
5-23 SECTION 9. Sections 16.033(c) and (d), Election Code, are
5-24 amended to read as follows:
5-25 (c) The notice must include:
5-26 (1) a request for information relevant to determining
5-27 the voter's eligibility for registration; and
6-1 (2) a warning that the voter's registration is subject
6-2 to cancellation if the registrar does not receive an appropriate
6-3 reply on or before the 30th [60th] day after the date the notice is
6-4 mailed.
6-5 (d) Except as provided by Subsection (e), the registrar
6-6 shall cancel a voter's registration if:
6-7 (1) after considering the voter's reply, the registrar
6-8 determines that the voter is not eligible for registration;
6-9 (2) no reply is received from the voter on or before
6-10 the 30th [60th] day after the date the notice is mailed to the
6-11 voter under Subsection (b); or
6-12 (3) each notice mailed under Subsection (b) is
6-13 returned undelivered to the registrar with no forwarding
6-14 information available.
6-15 SECTION 10. Sections 16.0332(a) and (b), Election Code, are
6-16 amended to read as follows:
6-17 (a) After the registrar receives a list under Section
6-18 62.113, Government Code, of persons excused or disqualified from
6-19 jury service because of citizenship status, the registrar shall
6-20 deliver to each registered voter whose name [who] appears on the
6-21 list a written notice requiring the voter to submit to the
6-22 registrar [provide] proof of United States citizenship in the form
6-23 of a certified copy of the voter's birth certificate, United States
6-24 passport, or certificate of naturalization or any other [a] form
6-25 prescribed by the secretary of state. The notice shall be
6-26 delivered by forwardable mail to the mailing address on the voter's
6-27 registration application and to any new address of the voter known
7-1 to the registrar.
7-2 (b) If a voter fails to submit to [provide] the registrar
7-3 [with] proof of citizenship on or before the 30th [31st] day after
7-4 the date the notice is mailed [to the voter], the registrar shall
7-5 cancel the voter's registration.
7-6 SECTION 11. Section 16.036(a), Election Code, is amended to
7-7 read as follows:
7-8 (a) Immediately after cancellation of a voter's registration
7-9 under Section 16.031(a)(3), 16.033, [or] 16.0331, or 16.0332, the
7-10 registrar shall deliver written notice of the cancellation to the
7-11 voter.
7-12 SECTION 12. Section 19.001(a), Election Code, is amended to
7-13 read as follows:
7-14 (a) Before May 15 of each year, the registrar shall prepare
7-15 and submit to the comptroller of public accounts a statement
7-16 containing:
7-17 (1) the total number of initial registrations for the
7-18 previous voting year;
7-19 (2) the total number of registrations canceled under
7-20 Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
7-21 voting year; and
7-22 (3) the total number of registrations for which
7-23 information was updated for the previous voting year.
7-24 SECTION 13. Section 63.0101, Election Code, is amended to
7-25 read as follows:
7-26 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
7-27 following documentation is acceptable as proof of identification
8-1 under this chapter:
8-2 (1) a driver's license or personal identification card
8-3 issued to the person by the Department of Public Safety or a
8-4 similar document issued to the person by an agency of another
8-5 state, regardless of whether the license or card has expired;
8-6 (2) a form of identification containing the person's
8-7 photograph that establishes the person's identity;
8-8 (3) a birth certificate or other document confirming
8-9 birth that is admissible in a court of law and establishes the
8-10 person's identity;
8-11 (4) United States citizenship papers issued to the
8-12 person;
8-13 (5) a United States passport issued to the person;
8-14 (6) pre-printed checks containing the person's name
8-15 that are issued for a financial institution doing business in this
8-16 state;
8-17 (7) official mail addressed to the person by name from
8-18 a governmental entity;
8-19 (8) two other forms of identification that establish
8-20 the person's identity; [or]
8-21 (9) an affidavit executed by a person who is working
8-22 at the polling place that attests to the identity of the voter, if
8-23 the voter does not have documentation described by Subdivisions
8-24 (1)-(8) in the voter's possession at the polling place at the time
8-25 of offering to vote; or
8-26 (10) any other form of identification prescribed by
8-27 the secretary of state.
9-1 SECTION 14. Section 83.006(b), Election Code, is amended to
9-2 read as follows:
9-3 (b) To be eligible for appointment as early voting clerk
9-4 under this section, a person must meet the requirements for
9-5 eligibility for service as a presiding election judge, except that:
9-6 (1) an appointee must be a qualified voter of the
9-7 political subdivision and is not required to be a qualified voter
9-8 of any other particular territory; [and]
9-9 (2) in an election in which an officer of the
9-10 political subdivision is a candidate, an appointee's status as an
9-11 employee of the political subdivision does not make the appointee
9-12 ineligible for appointment as the clerk; and
9-13 (3) an appointee who is a permanent employee of the
9-14 political subdivision and a qualified voter of any territory is not
9-15 required to be a qualified voter of the political subdivision.
9-16 SECTION 15. Section 83.007(b), Election Code, is amended to
9-17 read as follows:
9-18 (b) To be eligible for appointment as early voting clerk
9-19 under this section, a person must meet the requirements for
9-20 eligibility for service as a presiding election judge, except that:
9-21 (1) an [the] appointee must be a qualified voter of
9-22 the territory covered by the election and is not required to be a
9-23 qualified voter of any other particular territory; and
9-24 (2) an appointee who is a permanent employee of the
9-25 authority ordering the election and a qualified voter of any
9-26 territory is not required to be a qualified voter of the territory
9-27 covered by the election.
10-1 SECTION 16. Section 83.032(b), Election Code, is amended to
10-2 read as follows:
10-3 (b) For a temporary deputy to be eligible for appointment as
10-4 a deputy early voting clerk under this section, the temporary
10-5 deputy must meet the requirements for eligibility for service as a
10-6 presiding election judge, except that:
10-7 (1) an appointee is not required to be a qualified
10-8 voter of any particular territory other than the county, in the
10-9 case of an appointment by a county clerk, or the city, in the case
10-10 of an appointment by a city secretary; [and]
10-11 (2) in an election in which the early voting clerk is
10-12 a candidate, an appointee's status as an employee of the clerk does
10-13 not make the appointee ineligible for appointment as a deputy early
10-14 voting clerk; and
10-15 (3) an appointee who is a permanent employee of the
10-16 county or city, as applicable, and a qualified voter of any
10-17 territory is not required to be a qualified voter of the county or
10-18 city, as applicable.
10-19 SECTION 17. Section 84.032, Election Code, is amended by
10-20 amending Subsection (b) and adding Subsection (e) to read as
10-21 follows:
10-22 (b) A request must:
10-23 (1) be in writing and signed by the applicant;
10-24 (2) specify the election for which the application was
10-25 made; and
10-26 (3) except as provided by Subsection (c), [or] (d), or
10-27 (e), be received by the early voting clerk:
11-1 (A) not later than the third day before election
11-2 day; and
11-3 (B) if an early voting ballot sent to the
11-4 applicant is returned to the clerk as a marked ballot, before the
11-5 marked ballot's arrival at the address on the carrier envelope.
11-6 (e) An applicant may also submit a request at any time after
11-7 the early voting ballot is returned to the early voting clerk as a
11-8 marked ballot and before the ballot is delivered to the early
11-9 voting ballot board by appearing in person and executing an
11-10 affidavit that the applicant did not mark the ballot.
11-11 SECTION 18. Section 86.003(c), Election Code, is amended to
11-12 read as follows:
11-13 (c) The address to which the balloting materials must be
11-14 addressed is the address at which the voter is registered to vote,
11-15 or the registered mailing address if different, unless the ground
11-16 for voting by mail is:
11-17 (1) absence from the county of residence, in which
11-18 case the address must be an address outside the voter's county of
11-19 residence;
11-20 (2) confinement in jail, in which case the address
11-21 must be the address of the jail or of a relative described by
11-22 Section 84.002(a)(4); or
11-23 (3) age or disability and the voter is living at a
11-24 hospital, nursing home or other long-term care facility, or
11-25 retirement center, or with a relative described by Section
11-26 84.002(a)(3), in which case the address must be the address of that
11-27 facility or relative.
12-1 SECTION 19. Section 86.007(d), Election Code, is amended to
12-2 read as follows:
12-3 (d) A marked ballot voted by mail that arrives after the
12-4 time prescribed by Subsection (a) shall be counted if:
12-5 (1) the ballot was cast from an address outside the
12-6 United States;
12-7 (2) the carrier envelope was placed for delivery
12-8 before the time the ballot is required to arrive under Subsection
12-9 (a); and
12-10 (3) the ballot arrives at the address on the carrier
12-11 envelope not later than:
12-12 (A) the fifth day after the date of the general
12-13 election for state and county officers; or
12-14 (B) the second day after the date of an election
12-15 other than the general election for state and county officers or
12-16 the fifth day after the date of a joint election if the political
12-17 subdivision's ballot is combined with the ballot for the general
12-18 election for state and county officers.
12-19 SECTION 20. Section 87.0241, Election Code, is amended by
12-20 amending Subsection (b) and adding Subsection (c) to read as
12-21 follows:
12-22 (b) The board may not count early voting ballots until:
12-23 (1) the polls open on election day; or
12-24 (2) in an election conducted by an authority of a
12-25 county with a population of 100,000 or more or conducted jointly
12-26 with such a county, the end of the period for early voting by
12-27 personal appearance.
13-1 (c) The secretary of state shall prescribe any procedures
13-2 necessary for implementing this section in regard to elections
13-3 described by Subsection (b)(2).
13-4 SECTION 21. Subchapter B, Chapter 87, Election Code, is
13-5 amended by adding Section 87.0242 to read as follows:
13-6 Sec. 87.0242. NOTICE OF BOARD MEETING. (a) Notice of the
13-7 date and time of an early voting ballot board meeting shall be
13-8 posted at the main early voting polling place not later than the
13-9 fifth day before the date of the meeting. The notice must remain
13-10 posted continuously until the end of the meeting.
13-11 (b) The notice shall be posted by:
13-12 (1) the early voting clerk; or
13-13 (2) in the general election for state and county
13-14 officers, the county elections board.
13-15 (c) If the board must reconvene the meeting for which a
13-16 notice is posted:
13-17 (1) the presiding judge of the board shall announce at
13-18 the end of the meeting the date and time the meeting will
13-19 reconvene; and
13-20 (2) the appropriate authority shall post an amended
13-21 notice in the same manner as the original notice.
13-22 SECTION 22. Section 87.027, Election Code, is amended to read
13-23 as follows:
13-24 Sec. 87.027. SIGNATURE VERIFICATION COMMITTEE. (a) Except
13-25 as provided by Subsection (b), a [A] signature verification
13-26 committee may be appointed in any election. The early voting clerk
13-27 is the authority responsible for determining whether a signature
14-1 verification committee is to be appointed. If the clerk determines
14-2 that a committee is to be appointed, the clerk shall issue a
14-3 written order calling for the appointment. [Section 87.0271
14-4 supersedes this section to the extent of a conflict.]
14-5 (b) A signature verification committee shall be appointed in
14-6 the general election for state and county officers on submission to
14-7 the early voting clerk of a written request for the committee by at
14-8 least 15 registered voters of the county. The request must be
14-9 submitted not later than the preceding October 1, and a request
14-10 submitted by mail is considered to be submitted at the time of its
14-11 receipt by the clerk.
14-12 (c) The following authority is responsible for appointing
14-13 the members of a signature verification committee:
14-14 (1) the county election board, in an election for
14-15 which the board is established;
14-16 (2) the county chair, in a primary election; and
14-17 (3) the governing body of the political subdivision,
14-18 in an election ordered by an authority of a political subdivision
14-19 other than a county.
14-20 (d) [(c)] Not later than the fifth day after the date the
14-21 early voting clerk issues the order calling for the appointment of
14-22 a signature verification committee, or not later than October 15
14-23 for a committee required under Subsection (b), the appropriate
14-24 authority shall appoint the members of the committee and designate
14-25 one of the appointees as chair, subject to Subsection (f). The
14-26 authority shall fill a vacancy on the committee by appointment as
14-27 soon as possible after the vacancy occurs, subject to Subsection
15-1 (f). The early voting clerk shall post notice of the name and
15-2 residence address of each appointee. The notice must remain posted
15-3 continuously for the period beginning the day after the date of the
15-4 appointment and ending on the last day of the committee's operation
15-5 in the election.
15-6 (e) [(d)] The early voting clerk shall determine the number
15-7 of members who are to compose the signature verification committee
15-8 and shall state that number in the order calling for the
15-9 committee's appointment. A committee must consist of not fewer
15-10 than five members.
15-11 (f) In an election [and, in elections] in which party
15-12 alignment is indicated on the ballot, each county chair of a
15-13 political party with a nominee or aligned candidate on the ballot
15-14 shall submit to the appointing authority a list of names of persons
15-15 eligible to serve on the signature verification committee. The
15-16 authority shall appoint at least two persons from each list to
15-17 serve as members of the committee. The same number of members must
15-18 be appointed from each list. The authority shall appoint the chair
15-19 of the committee from the list provided by the political party
15-20 whose nominee for governor received the most votes in the county in
15-21 the most recent gubernatorial general election. A vacancy on the
15-22 committee shall be filled by appointment from the original list or
15-23 from a new list submitted by the appropriate county chair [must be
15-24 balanced as equally as possible by members of each political party
15-25 required to nominate candidates by primary election].
15-26 (g) [(e)] To be eligible to serve on a signature
15-27 verification committee, a person must be a qualified voter:
16-1 (1) of the county, in a countywide election ordered by
16-2 the governor or a county authority or in a primary election;
16-3 (2) of the part of the county in which the election is
16-4 held, for an election ordered by the governor or a county authority
16-5 that does not cover the entire county of the person's residence; or
16-6 (3) of the political subdivision, in an election
16-7 ordered by an authority of a political subdivision other than a
16-8 county.
16-9 (h) [(f)] The early voting clerk shall determine the place,
16-10 day or days, and hours of operation of the signature verification
16-11 committee and shall state that information in the order calling for
16-12 the committee's appointment. A committee may not begin operating
16-13 before the 20th day before election day.
16-14 (i) [(g)] The early voting clerk shall post a copy of the
16-15 order calling for the appointment of the signature verification
16-16 committee. The copy must remain posted continuously for at least
16-17 10 days before the first day the committee meets.
16-18 (j) [(h)] If a signature verification committee is appointed
16-19 for the election, the early voting clerk shall deliver the jacket
16-20 envelopes containing the early voting ballots voted by mail to the
16-21 committee instead of to the early voting ballot board. Deliveries
16-22 may be made only during the period of the committee's operation at
16-23 times scheduled in advance of delivery by the early voting clerk.
16-24 The clerk shall post notice of the time of each delivery. The
16-25 notice must remain posted continuously for at least two days before
16-26 the date of the delivery.
16-27 (k) [(i)] The signature verification committee shall compare
17-1 the signature on each carrier envelope certificate, except those
17-2 signed for a voter by a witness, with the signature on the voter's
17-3 ballot application to determine whether the signatures are those of
17-4 the same person. The committee may also compare the signatures
17-5 with the signature on the voter's registration application to
17-6 confirm that the signatures are those of the same person [match]
17-7 but may not use the registration application signature to determine
17-8 that the signatures are not those of the same person [do not
17-9 match]. A determination under this subsection that the signatures
17-10 are not those of the same person [do not match] must be made by a
17-11 majority vote of the committee's membership. The committee shall
17-12 place the jacket envelopes, carrier envelopes, and applications of
17-13 voters whose signatures are not those of the same person [do not
17-14 match] in separate containers from those of voters whose signatures
17-15 are those of the same person [match]. The committee chair shall
17-16 deliver the sorted materials to the early voting ballot board at
17-17 the time specified by the board's presiding judge but within the
17-18 period permitted for the early voting clerk's delivery of early
17-19 voting ballots to the board.
17-20 (l) [(j)] If a signature verification committee is
17-21 appointed, the early voting ballot board shall follow the same
17-22 procedure for accepting the early voting ballots voted by mail as
17-23 in an election without a signature verification committee, except
17-24 that the board may not determine whether a voter's signatures on
17-25 the carrier envelope certificate and ballot application are those
17-26 of the same person [match] if the committee has determined that the
17-27 signatures are those of the same person [match]. If the committee
18-1 has determined that the signatures are not those of the same person
18-2 [do not match], the board may make a determination that the
18-3 signatures are those of the same person [match] by a majority vote
18-4 of the board's membership.
18-5 (m) [(k)] Postings required by this section shall be made on
18-6 the bulletin board used for posting notice of meetings of the
18-7 commissioners court, in an election for which the county election
18-8 board is established or a primary election, or of the governing
18-9 body of the political subdivision in other elections.
18-10 SECTION 23. Section 87.041(b), Election Code, is amended to
18-11 read as follows:
18-12 (b) A ballot may be accepted only if:
18-13 (1) the carrier envelope certificate is properly
18-14 executed;
18-15 (2) neither the voter's signature on the ballot
18-16 application nor the signature on the carrier envelope certificate
18-17 is determined to have been executed by a person other than the
18-18 voter, unless signed by a witness;
18-19 (3) the voter's ballot application states a legal
18-20 ground for early voting by mail;
18-21 (4) the voter is registered to vote, if registration
18-22 is required by law;
18-23 (5) the address to which the ballot was mailed to the
18-24 voter, as indicated by the application, was outside the voter's
18-25 county of residence, if the ground for early voting is absence from
18-26 the county of residence; [and]
18-27 (6) for a voter to whom a statement of residence form
19-1 was required to be sent under Section 86.002(a), the statement of
19-2 residence is returned in the carrier envelope and indicates that
19-3 the voter satisfies the residence requirements prescribed by
19-4 Section 63.0011; and
19-5 (7) the address to which the ballot was mailed to the
19-6 voter is an address that is otherwise required by Sections 84.002
19-7 and 86.003.
19-8 SECTION 24. Section 87.101, Election Code, is amended to read
19-9 as follows:
19-10 Sec. 87.101. [PREPARATION OF BALLOTS;] DELIVERY OF BALLOTS
19-11 TO COUNTING STATION. [(a)] On the direction of the presiding
19-12 judge, the early voting ballot board[, in accordance with Section
19-13 85.032(b),] shall deliver to the central counting station [open]
19-14 the container for the early voting electronic system ballots that
19-15 are to be counted by automatic tabulating equipment at a central
19-16 counting station. The board shall make the delivery without
19-17 opening the container and[, remove the ballots from the container,
19-18 and remove any ballots enclosed in ballot envelopes from their
19-19 envelopes.]
19-20 [(b) On the direction of the presiding judge, the early
19-21 voting ballot board may prepare the ballots for delivery to the
19-22 central counting station at any time after they are received and
19-23 shall deliver them] in accordance with the procedure applicable to
19-24 electronic system ballots cast at a precinct polling place.
19-25 SECTION 25. Section 87.1231, Election Code, is amended to
19-26 read as follows:
19-27 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT.
20-1 [(a)] Not later than the time of the local canvass, the early
20-2 voting clerk shall deliver to the local canvassing authority a
20-3 report of the total number of early voting votes for each candidate
20-4 or measure by election precinct. The report may reflect the total
20-5 for votes by mail and the total for votes by personal appearance.
20-6 [(b) The early voting clerk may not report vote totals under
20-7 Subsection (a) for an election precinct in which fewer than five
20-8 votes are cast during the early voting period.]
20-9 SECTION 26. Section 87.125(a), Election Code, is amended to
20-10 read as follows:
20-11 (a) The early voting ballot board shall convene to count
20-12 ballots voted by mail described by Section 86.007(d) at the time
20-13 set by the presiding judge of the board [on]:
20-14 (1) on the sixth day after the date of a general
20-15 election for state and county officers; [or]
20-16 (2) on the second [fifth] day after the date of a
20-17 primary [or special] election, at a time following the last mail
20-18 delivery, or on an earlier day or at an earlier time if the early
20-19 voting clerk certifies that all ballots mailed from outside the
20-20 United States have been received; or
20-21 (3) not earlier than the third day or later than the
20-22 fifth day after the date of an election other than an election
20-23 described by Subdivision (1) or (2).
20-24 SECTION 27. Section 102.003(b), Election Code, is amended to
20-25 read as follows:
20-26 (b) An application may be submitted after the last day of
20-27 the period for early voting by personal appearance and before 5 [2]
21-1 p.m. on election day.
21-2 SECTION 28. Section 104.003, Election Code, is amended to
21-3 read as follows:
21-4 Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this
21-5 chapter shall be conducted on election day, beginning at 7 [8] a.m.
21-6 and concluding at 7 [2] p.m., at the main early voting polling
21-7 place[, except that the voting shall begin at 7 a.m. and conclude
21-8 at 7 p.m. in an election in which mechanical voting machines are
21-9 used]. However, if the early voting ballots voted by mail are
21-10 processed at a location other than the main early voting polling
21-11 place, the early voting clerk may require the voting to be
21-12 conducted at that location.
21-13 SECTION 29. Section 112.002(a), Election Code, is amended to
21-14 read as follows:
21-15 (a) After changing residence to another county, a person is
21-16 eligible to vote a limited ballot by personal appearance during the
21-17 early voting period or by mail if:
21-18 (1) the person would have been eligible to vote in the
21-19 county of former residence on election day if still residing in
21-20 that county; and
21-21 (2) [the date of the election is not more than 90 days
21-22 after the new residence is established; and]
21-23 [(3)] a voter registration for the person in the
21-24 county of new residence is not effective on or before election day.
21-25 SECTION 30. Section 121.003, Election Code, is amended by
21-26 adding Subdivision (17) to read as follows:
21-27 (17) "Direct recording electronic voting machine" or
22-1 "DRE" means a voting machine that is designed to allow a direct
22-2 vote on the machine by the manual touch of a screen, monitor, or
22-3 other device and that records the individual votes and vote totals
22-4 electronically.
22-5 SECTION 31. Chapter 144, Election Code, is amended by adding
22-6 Section 144.006 to read as follows:
22-7 Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
22-8 CANDIDATE. Except as otherwise provided by law, a declaration of
22-9 write-in candidacy must be filed not later than 5 p.m. of the fifth
22-10 day after the date an application for a place on the ballot is
22-11 required to be filed in an election in which:
22-12 (1) the filing deadline for an application for a place
22-13 on the ballot is the 45th day before election day; and
22-14 (2) write-in votes may be counted only for names
22-15 appearing on a list of declared write-in candidates.
22-16 SECTION 32. Sections 146.051 and 146.055, Election Code, are
22-17 amended to read as follows:
22-18 Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
22-19 In an [a general] election for city officers, a write-in vote may
22-20 not be counted unless the name written in appears on the list of
22-21 write-in candidates.
22-22 Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS.
22-23 Subchapter B applies to write-in voting in an [a general] election
22-24 for city officers except to the extent of a conflict with this
22-25 subchapter.
22-26 SECTION 33. Chapter 146, Election Code, is amended by adding
22-27 Subchapter D to read as follows:
23-1 SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION
23-2 TO FILL VACANCY IN LEGISLATURE
23-3 Sec. 146.071. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
23-4 In a special election to fill a vacancy in the legislature under
23-5 Chapter 203, a write-in vote may not be counted unless the name
23-6 written in appears on the list of write-in candidates.
23-7 Sec. 146.072. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
23-8 be entitled to a place on the list of write-in candidates, a
23-9 candidate must make a declaration of write-in candidacy.
23-10 Sec. 146.073. AUTHORITY WITH WHOM DECLARATION FILED. A
23-11 declaration of write-in candidacy must be filed with the secretary
23-12 of state.
23-13 Sec. 146.074. FILING DEADLINE. A declaration of write-in
23-14 candidacy must be filed not later than 5 p.m. of the fifth day
23-15 after the date an application for a place on the ballot is required
23-16 to be filed.
23-17 Sec. 146.075. APPLICABILITY OF OTHER CODE PROVISIONS.
23-18 Subchapter B applies to write-in voting in a special election to
23-19 fill a vacancy in the legislature except to the extent of a
23-20 conflict with this subchapter.
23-21 SECTION 34. Sections 172.126(a) and (c), Election Code, are
23-22 amended to read as follows:
23-23 (a) The primary elections in a county may be conducted
23-24 jointly at the regular polling places designated for the general
23-25 election for state and county officers. The county clerk shall
23-26 supervise the overall conduct of the joint primary elections. This
23-27 section applies to the conduct of joint primary elections
24-1 notwithstanding and in addition to other applicable provisions of
24-2 this code. The decision to conduct a joint general primary
24-3 election or runoff primary election, as applicable, must be made by
24-4 majority vote of the full membership of the commissioners court and
24-5 with the unanimous approval of the county clerk and the county
24-6 chair of each political party required to nominate candidates by
24-7 primary election.
24-8 (c) One set of election officers shall conduct the primary
24-9 elections at each polling place. Not later than the second Monday
24-10 in December preceding the primary elections, each county chair
24-11 shall deliver to the county clerk a list of the names of the
24-12 election judges and clerks for that party. The presiding judge of
24-13 each party, or alternate judge if applicable, serves as a co-judge
24-14 for the precinct. If an eligible presiding co-judge and alternate
24-15 co-judge cannot be found to serve for a particular party in a
24-16 precinct, a joint primary may not be conducted in that precinct,
24-17 and that precinct must be consolidated with another precinct that
24-18 has an eligible presiding co-judge and alternate co-judge to serve
24-19 for each party. The county clerk shall appoint the election clerks
24-20 in accordance with rules prescribed by the secretary of state. The
24-21 secretary of state shall prescribe the maximum number of clerks
24-22 that may be appointed for each precinct. The early voting ballot
24-23 board and any central counting station shall also be composed of
24-24 and administered by one set of election officers that provides
24-25 representation for each party, and the secretary of state by rule
24-26 shall prescribe procedures consistent with this subsection for the
24-27 appointment of those officers.
25-1 SECTION 35. Section 173.011(b), Election Code, is amended to
25-2 read as follows:
25-3 (b) Any surplus remaining in a county primary fund shall be
25-4 remitted to the secretary of state [county clerk] immediately after
25-5 the final payment from the fund of the necessary expenses for
25-6 holding the primary elections for that year, but not later than
25-7 July 1 following the applicable primary election. The surplus in
25-8 the primary fund shall be remitted regardless of whether state
25-9 funds were requested by the chair. [Any surplus primary funds
25-10 received by the county clerk under this subsection may be used only
25-11 for paying the remaining expenses of the joint primary election.]
25-12 SECTION 36. Section 212.001, Election Code, is amended to
25-13 read as follows:
25-14 Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
25-15 recount document submitted under this title must:
25-16 (1) be in writing;
25-17 (2) identify the office or measure for which a recount
25-18 is desired;
25-19 (3) state the grounds for the recount;
25-20 (4) state the side of the measure that the person
25-21 requesting the recount represents, if applicable;
25-22 (5) identify the election precincts, grouped by county
25-23 or other appropriate territorial unit if the election involves more
25-24 than one local canvassing authority, for which a recount is desired
25-25 and must indicate the method of voting used in each precinct;
25-26 (6) be signed by:
25-27 (A) the person requesting the recount or, if
26-1 there is more than one, any one or more of them; or
26-2 (B) an agent of the person requesting the
26-3 recount;
26-4 (7) state each requesting person's name, residence
26-5 address, and, if authorization to obtain the recount is based on
26-6 eligibility to vote in the election, voter registration number, and
26-7 county of registration if the election covers territory in more
26-8 than one county;
26-9 (8) designate an agent who is a resident of this state
26-10 to receive notice under this title on behalf of the person
26-11 requesting the recount if:
26-12 (A) the person requesting the recount is not a
26-13 resident of this state; or
26-14 (B) there is more than one person requesting the
26-15 recount;
26-16 (9) state the mailing address and at least one
26-17 telephone number, if any, at which the person requesting the
26-18 recount or an agent, identified by name, may receive notice given
26-19 under this title; [and]
26-20 (10) state the mailing address and at least one
26-21 telephone number, if any, at which the opposing candidates for the
26-22 office or their agents, identified by name, may receive notice
26-23 given under this title; and
26-24 (11) be accompanied by a deposit as provided by
26-25 Subchapter E.
26-26 SECTION 37. Section 212.088(a), Election Code, is amended to
26-27 read as follows:
27-1 (a) If the deadline for submitting an expedited recount
27-2 petition falls on a Saturday, Sunday, or legal state holiday, the
27-3 deadline is extended to 10 [9] a.m. of the next regular business
27-4 day.
27-5 SECTION 38. Section 212.111(b), Election Code, is amended to
27-6 read as follows:
27-7 (b) The [Except as provided by Subsection (c), the] deposit
27-8 must be in the form of cash or a cashier's check or money order
27-9 made payable to the recount coordinator.
27-10 SECTION 39. Section 212.112(a), Election Code, is amended to
27-11 read as follows:
27-12 (a) Subject to Subsection (d), the amount of the recount
27-13 deposit is determined by the number of precincts for which a
27-14 recount is requested in the document that the deposit accompanies,
27-15 in accordance with the following schedule:
27-16 (1) five times the maximum hourly rate of pay for
27-17 election judges, for a precinct in which:
27-18 (A) regular paper ballots were used;
27-19 (B) electronic voting system ballots, other than
27-20 punch-card ballots, are to be recounted manually; or
27-21 (C) both write-in votes and voting system votes
27-22 are to be recounted;
27-23 (2) 10 times the maximum hourly rate of pay for
27-24 election judges, for a precinct in which punch-card ballots are to
27-25 be recounted manually;
27-26 (3) three times the maximum hourly rate of pay for
27-27 election judges, for a precinct in which ballots are to be
28-1 recounted by automatic tabulating equipment and no write-in votes
28-2 are to be recounted; and
28-3 (4) two times the maximum hourly rate of pay for
28-4 election judges, for a precinct in which:
28-5 (A) voting machines, including direct recording
28-6 electronic voting machines, were used and no write-in votes are to
28-7 be recounted; or
28-8 (B) only the write-in votes cast in connection
28-9 with a voting system are to be recounted.
28-10 SECTION 40. Section 277.002(a), Election Code, is amended to
28-11 read as follows:
28-12 (a) For a petition signature to be valid, a petition must:
28-13 (1) contain in addition to the signature:
28-14 (A) the signer's printed name;
28-15 (B) the signer's date of birth or [and] the
28-16 signer's voter registration number and, if the territory from which
28-17 signatures must be obtained is situated in more than one county,
28-18 the county of registration;
28-19 (C) the signer's residence address; and
28-20 (D) the date of signing; and
28-21 (2) comply with any other applicable requirements
28-22 prescribed by law.
28-23 SECTION 41. Sections 13.072(e), 15.026, 87.0271, 145.006,
28-24 and 212.111(c), Election Code, are repealed.
28-25 SECTION 42. This Act takes effect September 1, 2001.