1-1 By: Danbury (Senate Sponsor - Shapiro) H.B. No. 2509
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on State
1-4 Affairs; May 10, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 10, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapiro
1-7 Amend House Bill 2509 (Engrossed Version) as follows:
1-8 (1) On Page 13, Line 16, Delete Section 44.
1-9 (2) On Page 13, Line 26, Delete Section 45.
1-10 (3) On Page 15, Line 13, Delete Section 50.
1-11 (4) On Page 15, Line 25, Delete Section 51.
1-12 (5) On Page 16, Line 56, Delete Section 57.
1-13 (6) Renumber Remaining Sections Accordingly
1-14 COMMITTEE AMENDMENT NO. 2 By: Shapiro
1-15 Amend H.B. No. 2509 as follows:
1-16 Insert the following new Section of the bill, appropriately
1-17 numbered, and renumber subsequent Sections of the bill
1-18 appropriately:
1-19 SECTION ___. Section 11.055(a), Education Code, is amended
1-20 to read as follows:
1-21 (a) Notwithstanding any other provision of law, an [An]
1-22 application of a candidate for a place on the ballot:
1-23 (1) must be filed not later than 5 p.m. of the 45th
1-24 day before the date of the election; and
1-25 (2) [. An application] may not be filed earlier than
1-26 the 30th day before the date of the filing deadline.
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to certain election processes and procedures.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Section 1.006, Election Code, is amended to read
1-32 as follows:
1-33 Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last
1-34 day for performance of an act is a Saturday, Sunday, or legal state
1-35 or national holiday, the act is timely if performed on the next
1-36 regular business day, except as otherwise provided by this code.
1-37 (b) If the last day for performance of an act is extended
1-38 under Subsection (a), the extended date is used for any
1-39 computations as to other dates, deadlines, and procedures that are
1-40 required to be made in relation to the last day for performance of
1-41 the act.
1-42 (c) A declaration of ineligibility of a candidate is
1-43 considered to be the performance of an act under this section for
1-44 purposes of causing the candidate's name to be omitted from the
1-45 ballot.
1-46 (d) The filing of a document, including a withdrawal request
1-47 or resignation, is considered to be the performance of an act under
1-48 this section for purposes of creating a vacancy to be filled at a
1-49 subsequent election.
1-50 (e) The death of a person is not considered to be the
1-51 performance of an act under this section.
1-52 SECTION 2. Section 2.025, Election Code, is amended to read
1-53 as follows:
1-54 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
1-55 provided by this code [Subsection (b)], a runoff election shall be
1-56 held not earlier than the 20th or later than the 45th [30th] day
1-57 after the date the final canvass of the main election is completed.
1-58 (b) A runoff election date later than [may be held after]
1-59 the period prescribed by Subsection (a) may be prescribed by a
1-60 home-rule city charter [law but not later than the 45th day after
1-61 the date the final canvass of the main election is completed only
2-1 to:]
2-2 [(1) permit a joint runoff election to be held with
2-3 another political subdivision in accordance with Chapter 271; or]
2-4 [(2) avoid holding the runoff on:]
2-5 [(A) a legal state or national holiday; or]
2-6 [(B) a weekend day within three days of a legal
2-7 state or national holiday].
2-8 (c) This section [Subsection (b)] supersedes a law outside
2-9 this subchapter to the extent of a conflict notwithstanding Section
2-10 2.022.
2-11 SECTION 3. Section 2.051(b), Election Code, is amended to
2-12 read as follows:
2-13 (b) In the case of an election in which any members of the
2-14 political subdivision's governing body are elected from territorial
2-15 units such as single-member districts, this subchapter applies to
2-16 the election in a particular territorial unit [single-member
2-17 district] if[:]
2-18 [(1)] each candidate whose name is to appear on the
2-19 ballot in that territorial unit [district] is unopposed and no
2-20 at-large proposition or opposed at-large race is to appear on the
2-21 ballot. This subchapter applies to an unopposed at-large race in
2-22 such an election regardless of whether an opposed race is to appear
2-23 on the ballot in a particular territorial unit[; and]
2-24 [(2) the requirements prescribed by Subsection (a) are
2-25 otherwise met].
2-26 SECTION 4. Section 2.053(c), Election Code, is amended to
2-27 read as follows:
2-28 (c) A certificate of election shall be issued to each
2-29 candidate in the same manner and at the same time as provided for a
2-30 candidate elected at the election. The candidate must qualify for
2-31 the office in the same manner as provided for a candidate elected
2-32 at the election.
2-33 SECTION 5. Section 13.004, Election Code, is amended to read
2-34 as follows:
2-35 Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
2-36 SOCIAL SECURITY NUMBER BY REGISTRAR. (a) The registrar may not
2-37 transcribe, copy, or otherwise record a telephone number furnished
2-38 on a registration application.
2-39 (b) The registrar may transcribe, copy, or otherwise record
2-40 a social security number furnished on a registration application
2-41 only in maintaining the accuracy of the registration records.
2-42 (c) A social security number or telephone number furnished
2-43 on a registration application is confidential and does not
2-44 constitute public information for purposes of Chapter 552,
2-45 Government Code. The registrar shall ensure that the social
2-46 security and telephone numbers are excluded from disclosure.
2-47 SECTION 6. Section 13.072(c), Election Code, is amended to
2-48 read as follows:
2-49 (c) Except as provided by Subsection (d) [or (e)], if the
2-50 registrar determines that an application does not comply with
2-51 Section 13.002 or does not indicate that the applicant is eligible
2-52 for registration, the registrar shall reject the application.
2-53 SECTION 7. Section 13.073, Election Code, is amended by
2-54 adding Subsection (c) to read as follows:
2-55 (c) If the registrar rejects an application for
2-56 incompleteness but receives a completed application not later than
2-57 the 10th day after the date the notice is delivered under
2-58 Subsection (a) or the date the incomplete application is returned
2-59 under Subsection (b), as applicable, the original date of
2-60 submission of the incomplete application is considered to be the
2-61 date of submission to the registrar for the purpose of determining
2-62 the effective date of registration.
2-63 SECTION 8. Section 13.122(a), Election Code, is amended to
2-64 read as follows:
2-65 (a) In addition to the other statements and spaces for
2-66 entering information that appear on an officially prescribed
2-67 registration application form, each official form must include:
2-68 (1) the statement: "I understand that giving false
2-69 information to procure a voter registration is perjury and a crime
3-1 under state and federal law.";
3-2 (2) a space for the applicant's registration number;
3-3 (3) a space for the applicant's Texas driver's license
3-4 number or number of a personal identification card issued by the
3-5 Department of Public Safety;
3-6 (4) a space for the applicant's telephone number;
3-7 (5) a space for the applicant's social security
3-8 number;
3-9 (6) a space for the applicant's sex;
3-10 (7) a statement indicating that the omission
3-11 [furnishing] of the applicant's driver's license number, personal
3-12 identification card number, telephone number, social security
3-13 number, or [and] sex does not affect the validity of the
3-14 registration application [is optional];
3-15 (8) a space or box for indicating whether the
3-16 applicant or voter is submitting new registration information or a
3-17 change in current registration information;
3-18 (9) a statement instructing a voter who is using the
3-19 form to make a change in current registration information to enter
3-20 the voter's name and the changed information in the appropriate
3-21 spaces on the form;
3-22 (10) a statement that if the applicant declines to
3-23 register to vote, that fact will remain confidential and will be
3-24 used only for voter registration purposes;
3-25 (11) a statement that if the applicant does register
3-26 to vote, information regarding the agency or office to which the
3-27 application is submitted will remain confidential and will be used
3-28 only for voter registration purposes; and
3-29 (12) any other voter registration information required
3-30 by federal law or considered appropriate and required by the
3-31 secretary of state.
3-32 SECTION 9. Section 15.025, Election Code, is amended to read
3-33 as follows:
3-34 Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN
3-35 REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE]. (a)
3-36 Except as provided by Subsections (b) and (d), the [The]
3-37 registration of a voter described by this subsection whose
3-38 information [residence] is changed on the registration records [to
3-39 another county election precinct in the same county] becomes
3-40 effective as to the change [in the precinct of new residence] on
3-41 the 30th day after:
3-42 (1) the date the voter submits to the registrar
3-43 [receives] a notice of a change in registration information under
3-44 Section 15.021 or a [voter's] response under Section 15.053,
3-45 indicating the change [of residence]; or
3-46 (2) the date the voter submits a statement of
3-47 residence to an election officer under Section 63.0011 or a
3-48 registration application or change of address to an agency employee
3-49 under Chapter 20, indicating the change [of residence].
3-50 (b) A change in registration information covered by this
3-51 section is effective for purposes of early voting if it will be
3-52 effective on election day.
3-53 (c) For purposes of determining the effective date of a
3-54 change in registration information covered by this section, a
3-55 document submitted by mail is considered to be submitted to the
3-56 registrar on the date it is placed with postage prepaid and
3-57 properly addressed in the United States mail. The date indicated by
3-58 the post office cancellation mark is considered to be the date the
3-59 document was placed in the mail unless proven otherwise.
3-60 (d) If the 30th day before the date of an election is a
3-61 Saturday, Sunday, or legal state or national holiday, the document
3-62 is considered to be timely if it is submitted to the registrar on
3-63 or before the next regular business day.
3-64 SECTION 10. The heading to Subchapter C, Chapter 15,
3-65 Election Code, is amended to read as follows:
3-66 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
3-67 [RESIDENCE]
3-68 SECTION 11. Section 15.051(a), Election Code, is amended to
3-69 read as follows:
4-1 (a) If the registrar:
4-2 (1) has reason to believe that a voter's current
4-3 residence is different from that indicated on the registration
4-4 records, the registrar shall deliver to the voter a written
4-5 confirmation notice requesting confirmation of the voter's current
4-6 residence; or
4-7 (2) receives information relating to the voter's death
4-8 from a source other than a source described by Section 16.001 or
4-9 16.031(b), the registrar shall deliver to the voter's address a
4-10 written confirmation notice requesting confirmation of the voter's
4-11 death.
4-12 SECTION 12. Section 15.052, Election Code, is amended to
4-13 read as follows:
4-14 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
4-15 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
4-16 confirmation notice requesting confirmation of a voter's current
4-17 residence must include:
4-18 (1) a statement that, if the voter fails to submit to
4-19 the registrar a written, signed response confirming the voter's
4-20 current residence on or before the 30th day after the date the
4-21 confirmation notice is mailed:
4-22 (A) the voter is subject to submission of a
4-23 statement of residence before the voter may be accepted for voting
4-24 in an election held after that deadline; or
4-25 (B) for a notice delivered under Section 14.023,
4-26 the voter will remain subject to submission of a statement of
4-27 residence before the voter may be accepted for voting in an
4-28 election; and
4-29 (2) a warning that the voter's registration is subject
4-30 to cancellation if the voter fails to confirm the voter's current
4-31 residence either by notifying the registrar in writing or voting on
4-32 a statement of residence before November 30 following the second
4-33 general election for state and county officers that occurs after
4-34 the date the confirmation notice is mailed.
4-35 (b) The officially prescribed form for a confirmation notice
4-36 requesting confirmation of a voter's death must include:
4-37 (1) a section that may be completed and signed by any
4-38 person related within the second degree by consanguinity or
4-39 affinity, as determined under Chapter 573, Government Code,
4-40 confirming by a sworn statement that the information relating to
4-41 the voter's death received by the registrar is correct;
4-42 (2) a section that must be completed and signed by the
4-43 voter notifying the registrar that information received by the
4-44 registrar relating to the voter's death is incorrect; and
4-45 (3) a statement that, if the completed and signed
4-46 section of the form described by Subdivision (2) is not submitted
4-47 to the registrar on or before the 60th day after the date the
4-48 confirmation notice is mailed, the voter's registration is subject
4-49 to cancellation in the same manner provided by Section 16.033.
4-50 (c) The official confirmation notice response form must be
4-51 postage prepaid and preaddressed for delivery to the registrar.
4-52 (d) [(c)] The registrar may prescribe a different design
4-53 from that prescribed by the secretary of state for an official
4-54 form, if approved by the secretary.
4-55 SECTION 13. Section 15.053(a), Election Code, is amended to
4-56 read as follows:
4-57 (a) Not later than the 30th day after the date a
4-58 confirmation notice requesting confirmation of a voter's current
4-59 residence is mailed, the voter shall submit to the registrar a
4-60 written, signed response to the notice that confirms the voter's
4-61 current residence. Not later than the 60th day after the date a
4-62 confirmation notice requesting confirmation of a voter's death is
4-63 mailed, a voter who is incorrectly referenced as deceased shall
4-64 submit to the registrar a written, signed response to the notice
4-65 notifying the registrar that the information received by the
4-66 registrar relating to the voter's death is incorrect.
4-67 SECTION 14. Section 16.003, Election Code, is amended as
4-68 follows:
4-69 Sec. 16.003. FELONY CONVICTION. (a) Each month the
5-1 Department of Public Safety shall prepare an abstract of each final
5-2 judgment received by the department posted to its criminal history
5-3 file convicting a person 18 years of age or older who is a resident
5-4 of the state of a felony.
5-5 (b) The Department of Public Safety shall file each abstract
5-6 with the secretary of state not later than the 10th day of the
5-7 month following the month in which the abstract is prepared. The
5-8 secretary of state shall file each abstract received under this
5-9 subsection with the voter registrar of the person's county of
5-10 residence not later than the 10th day of the month following the
5-11 month in which the abstract is received under this subsection.
5-12 [Each month the institutional division of the Texas Department of
5-13 Criminal Justice shall prepare an abstract of each final judgment
5-14 received by the institutional division, occurring in the month,
5-15 convicting a person 18 years of age or older who is a resident of
5-16 the state of a felony.]
5-17 [(b) The institutional division of the Texas Department of
5-18 Criminal Justice shall file each abstract with the voter registrar
5-19 of the person's county of residence not later than the 10th day of
5-20 the month following the month in which the abstract is prepared.]
5-21 SECTION 15. Sections 16.033(c) and (d), Election Code, are
5-22 amended to read as follows:
5-23 (c) The notice must include:
5-24 (1) a request for information relevant to determining
5-25 the voter's eligibility for registration; and
5-26 (2) a warning that the voter's registration is subject
5-27 to cancellation if the registrar does not receive an appropriate
5-28 reply on or before the 30th [60th] day after the date the notice is
5-29 mailed.
5-30 (d) Except as provided by Subsection (e), the registrar
5-31 shall cancel a voter's registration if:
5-32 (1) after considering the voter's reply, the registrar
5-33 determines that the voter is not eligible for registration;
5-34 (2) no reply is received from the voter on or before
5-35 the 30th [60th] day after the date the notice is mailed to the
5-36 voter under Subsection (b); or
5-37 (3) each notice mailed under Subsection (b) is
5-38 returned undelivered to the registrar with no forwarding
5-39 information available.
5-40 SECTION 16. Sections 16.0332(a) and (b), Election Code, are
5-41 amended to read as follows:
5-42 (a) After the registrar receives a list under Section
5-43 62.113, Government Code, of persons excused or disqualified from
5-44 jury service because of citizenship status, the registrar shall
5-45 deliver to each registered voter whose name [who] appears on the
5-46 list a written notice requiring the voter to submit to the
5-47 registrar [provide] proof of United States citizenship in the form
5-48 of a certified copy of the voter's birth certificate, United States
5-49 passport, or certificate of naturalization or any other [a] form
5-50 prescribed by the secretary of state. The notice shall be
5-51 delivered by forwardable mail to the mailing address on the voter's
5-52 registration application and to any new address of the voter known
5-53 to the registrar.
5-54 (b) If a voter fails to submit to [provide] the registrar
5-55 [with] proof of citizenship on or before the 30th [31st] day after
5-56 the date the notice is mailed [to the voter], the registrar shall
5-57 cancel the voter's registration.
5-58 SECTION 17. Section 16.036(a), Election Code, is amended to
5-59 read as follows:
5-60 (a) Immediately after cancellation of a voter's registration
5-61 under Section 16.031(a)(3), 16.033, [or] 16.0331, or 16.0332, the
5-62 registrar shall deliver written notice of the cancellation to the
5-63 voter.
5-64 SECTION 18. Section 18.008(a), Election Code, is amended to
5-65 read as follows:
5-66 (a) The registrar shall furnish a copy of any list prepared
5-67 under this subchapter to any person requesting it. The copy shall
5-68 be furnished without the names of voters whose names appear on a
5-69 list with the notation "S", or a similar notation, if requested in
6-1 that form. The registrar shall furnish the list directly to the
6-2 person requesting it. If the county has contracted with a computer
6-3 service company or other private business entity for services
6-4 related to the lists required under this subchapter, the registrar
6-5 may not require the person requesting the list to contact the
6-6 company or other entity to obtain a copy of the list.
6-7 SECTION 19. Section 19.001(a), Election Code, is amended to
6-8 read as follows:
6-9 (a) Before May 15 of each year, the registrar shall prepare
6-10 and submit to the comptroller of public accounts a statement
6-11 containing:
6-12 (1) the total number of initial registrations for the
6-13 previous voting year;
6-14 (2) the total number of registrations canceled under
6-15 Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
6-16 voting year; and
6-17 (3) the total number of registrations for which
6-18 information was updated for the previous voting year.
6-19 SECTION 20. Section 20.035, Election Code, is amended by
6-20 amending Subsection (b) and adding Subsection (c) to read as
6-21 follows:
6-22 (b) Except as provided by Subsection (c), an [An]
6-23 application shall be delivered to the registrar not later than 5
6-24 p.m. of the fifth day after the date the application is submitted
6-25 to the employee.
6-26 (c) An application submitted after the 34th day and before
6-27 the 29th day before the date of an election held on a uniform
6-28 election date or the date of a general primary election or the date
6-29 of a runoff primary election in which any qualified voter of the
6-30 county is eligible to vote shall be delivered not later than 5 p.m.
6-31 of the 29th day before election day.
6-32 SECTION 21. Section 20.063, Election Code, is amended by
6-33 adding Subsection (e) to read as follows:
6-34 (e) If an applicant for an original or renewal driver's
6-35 license, personal identification card, or duplicate or corrected
6-36 license or card completes a voter registration application form
6-37 provided by the department and the department issues a temporary
6-38 license or card, the department shall indicate on the temporary
6-39 license or card that the applicant has completed a voter
6-40 registration application form provided by the department. The
6-41 secretary of state shall prescribe procedures to permit a person to
6-42 use a temporary license or card issued under this subsection for
6-43 purposes of voting in an election.
6-44 SECTION 22. Section 63.006, Election Code, is amended by
6-45 adding Subsection (c) to read as follows:
6-46 (c) A voter who, when offering to vote, presents a temporary
6-47 license or card that indicates that the voter has completed a voter
6-48 registration application as provided by Section 20.063(e) shall be
6-49 accepted for voting under this section if:
6-50 (1) the application was made at least 30 days before
6-51 the date of the election;
6-52 (2) the address indicated on the temporary license or
6-53 card indicates that the voter is a resident of the precinct in
6-54 which the voter is offering to vote or is otherwise entitled by law
6-55 to vote in that precinct;
6-56 (3) the voter completes a voter registration
6-57 application at the polling place; and
6-58 (4) the election judge reviews the voter registration
6-59 application.
6-60 SECTION 23. Section 63.008, Election Code, is amended by
6-61 amending Subsection (a) and adding Subsection (c) to read as
6-62 follows:
6-63 (a) Except as provided by Subsection (c), a [A] voter who
6-64 does not present a voter registration certificate when offering to
6-65 vote, but whose name is on the list of registered voters for the
6-66 precinct in which the voter is offering to vote, shall be accepted
6-67 for voting if the voter executes an affidavit stating that the
6-68 voter does not have the voter's voter registration certificate in
6-69 the voter's possession at the polling place at the time of offering
7-1 to vote and:
7-2 (1) the voter presents proof of identification in a
7-3 form described by Section 63.0101; or
7-4 (2) the affidavit is also signed by a person who is
7-5 working at the polling place and who attests to the identity of the
7-6 voter.
7-7 (c) A voter who, when offering to vote, presents a temporary
7-8 license or card that indicates that the voter has completed a voter
7-9 registration application as provided by Section 20.063(e) and whose
7-10 name is on the list of registered voters for the precinct in which
7-11 the voter is offering to vote shall be accepted for voting under
7-12 Section 63.001 if:
7-13 (1) the application was made at least 30 days before
7-14 the date of the election; and
7-15 (2) the address indicated on the temporary license or
7-16 card indicates that the voter is a resident of the precinct in
7-17 which the voter is offering to vote or is otherwise entitled by law
7-18 to vote in that precinct.
7-19 SECTION 24. Section 63.0101, Election Code, is amended to
7-20 read as follows:
7-21 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The
7-22 following documentation is acceptable as proof of identification
7-23 under this chapter:
7-24 (1) a driver's license or personal identification card
7-25 issued to the person by the Department of Public Safety or a
7-26 similar document issued to the person by an agency of another
7-27 state, regardless of whether the license or card has expired;
7-28 (2) a form of identification containing the person's
7-29 photograph that establishes the person's identity;
7-30 (3) a birth certificate or other document confirming
7-31 birth that is admissible in a court of law and establishes the
7-32 person's identity;
7-33 (4) United States citizenship papers issued to the
7-34 person;
7-35 (5) a United States passport issued to the person;
7-36 (6) pre-printed checks containing the person's name
7-37 that are issued for a financial institution doing business in this
7-38 state;
7-39 (7) official mail addressed to the person by name from
7-40 a governmental entity;
7-41 (8) two other forms of identification that establish
7-42 the person's identity; [or]
7-43 (9) an affidavit executed by a person who is working
7-44 at the polling place that attests to the identity of the voter, if
7-45 the voter does not have documentation described by Subdivisions
7-46 (1)-(8) in the voter's possession at the polling place at the time
7-47 of offering to vote; or
7-48 (10) any other form of identification prescribed by
7-49 the secretary of state.
7-50 SECTION 25. Section 67.016(e), Election Code, is amended to
7-51 read as follows:
7-52 (e) The authority preparing a certificate of election shall
7-53 promptly deliver it to the person for whom it is prepared, subject
7-54 to Section 212.0331.
7-55 SECTION 26. Section 83.006(b), Election Code, is amended to
7-56 read as follows:
7-57 (b) To be eligible for appointment as early voting clerk
7-58 under this section, a person must meet the requirements for
7-59 eligibility for service as a presiding election judge, except that:
7-60 (1) an appointee must be a qualified voter of the
7-61 political subdivision and is not required to be a qualified voter
7-62 of any other particular territory; [and]
7-63 (2) in an election in which an officer of the
7-64 political subdivision is a candidate, an appointee's status as an
7-65 employee of the political subdivision does not make the appointee
7-66 ineligible for appointment as the clerk; and
7-67 (3) an appointee who is a permanent employee of the
7-68 political subdivision and a qualified voter of any territory is not
7-69 required to be a qualified voter of the political subdivision.
8-1 SECTION 27. Section 83.007(b), Election Code, is amended to
8-2 read as follows:
8-3 (b) To be eligible for appointment as early voting clerk
8-4 under this section, a person must meet the requirements for
8-5 eligibility for service as a presiding election judge, except that:
8-6 (1) an [the] appointee must be a qualified voter of
8-7 the territory covered by the election and is not required to be a
8-8 qualified voter of any other particular territory; and
8-9 (2) an appointee who is a permanent employee of the
8-10 authority ordering the election and a qualified voter of any
8-11 territory is not required to be a qualified voter of the territory
8-12 covered by the election.
8-13 SECTION 28. Section 83.032(b), Election Code, is amended to
8-14 read as follows:
8-15 (b) For a temporary deputy to be eligible for appointment as
8-16 a deputy early voting clerk under this section, the temporary
8-17 deputy must meet the requirements for eligibility for service as a
8-18 presiding election judge, except that:
8-19 (1) an appointee is not required to be a qualified
8-20 voter of any particular territory other than the county, in the
8-21 case of an appointment by a county clerk, or the city, in the case
8-22 of an appointment by a city secretary; [and]
8-23 (2) in an election in which the early voting clerk is
8-24 a candidate, an appointee's status as an employee of the clerk does
8-25 not make the appointee ineligible for appointment as a deputy early
8-26 voting clerk; and
8-27 (3) an appointee who is a permanent employee of the
8-28 county or city, as applicable, and a qualified voter of any
8-29 territory is not required to be a qualified voter of the county or
8-30 city, as applicable.
8-31 SECTION 29. Section 84.032, Election Code, is amended by
8-32 amending Subsection (b) and adding Subsection (e) to read as
8-33 follows:
8-34 (b) A request must:
8-35 (1) be in writing and signed by the applicant;
8-36 (2) specify the election for which the application was
8-37 made; and
8-38 (3) except as provided by Subsection (c), [or] (d), or
8-39 (e), be received by the early voting clerk:
8-40 (A) not later than the third day before election
8-41 day; and
8-42 (B) if an early voting ballot sent to the
8-43 applicant is returned to the clerk as a marked ballot, before the
8-44 marked ballot's arrival at the address on the carrier envelope.
8-45 (e) An applicant may also submit a request at any time after
8-46 the early voting ballot is returned to the early voting clerk as a
8-47 marked ballot and before the ballot is delivered to the early
8-48 voting ballot board by appearing in person and executing an
8-49 affidavit that the applicant did not mark the ballot.
8-50 SECTION 30. Section 86.003(c), Election Code, is amended to
8-51 read as follows:
8-52 (c) The address to which the balloting materials must be
8-53 addressed is the address at which the voter is registered to vote,
8-54 or the registered mailing address if different, unless the ground
8-55 for voting by mail is:
8-56 (1) absence from the county of residence, in which
8-57 case the address must be an address outside the voter's county of
8-58 residence;
8-59 (2) confinement in jail, in which case the address
8-60 must be the address of the jail or of a relative described by
8-61 Section 84.002(a)(4); or
8-62 (3) age or disability and the voter is living at a
8-63 hospital, nursing home or other long-term care facility, or
8-64 retirement center, or with a relative described by Section
8-65 84.002(a)(3), in which case the address must be the address of that
8-66 facility or relative.
8-67 SECTION 31. Section 86.007(d), Election Code, is amended to
8-68 read as follows:
8-69 (d) A marked ballot voted by mail that arrives after the
9-1 time prescribed by Subsection (a) shall be counted if:
9-2 (1) the ballot was cast from an address outside the
9-3 United States;
9-4 (2) the carrier envelope was placed for delivery
9-5 before the time the ballot is required to arrive under Subsection
9-6 (a); and
9-7 (3) the ballot arrives at the address on the carrier
9-8 envelope not later than:
9-9 (A) the fifth day after the date of the general
9-10 election for state and county officers; or
9-11 (B) the second day after the date of an election
9-12 other than the general election for state and county officers or
9-13 the fifth day after the date of a joint election if the political
9-14 subdivision's ballot is combined with the ballot for the general
9-15 election for state and county officers.
9-16 SECTION 32. Section 87.0241, Election Code, is amended by
9-17 amending Subsection (b) and adding Subsection (c) to read as
9-18 follows:
9-19 (b) The board may not count early voting ballots until:
9-20 (1) the polls open on election day; or
9-21 (2) in an election conducted by an authority of a
9-22 county with a population of 100,000 or more or conducted jointly
9-23 with such a county, the end of the period for early voting by
9-24 personal appearance.
9-25 (c) The secretary of state shall prescribe any procedures
9-26 necessary for implementing this section in regard to elections
9-27 described by Subsection (b)(2).
9-28 SECTION 33. Subchapter B, Chapter 87, Election Code, is
9-29 amended by adding Section 87.0242 to read as follows:
9-30 Sec. 87.0242. NOTICE OF BOARD MEETING. (a) Notice of the
9-31 date and time of an early voting ballot board meeting shall be
9-32 posted at the main early voting polling place not later than the
9-33 fifth day before the date of the meeting. The notice must remain
9-34 posted continuously until the end of the meeting.
9-35 (b) The notice shall be posted by:
9-36 (1) the early voting clerk; or
9-37 (2) in the general election for state and county
9-38 officers, the county elections board.
9-39 (c) If the board must reconvene the meeting for which a
9-40 notice is posted:
9-41 (1) the presiding judge of the board shall announce at
9-42 the end of the meeting the date and time the meeting will
9-43 reconvene; and
9-44 (2) the appropriate authority shall post an amended
9-45 notice at the same location as the original notice.
9-46 SECTION 34. Section 87.027, Election Code, is amended to read
9-47 as follows:
9-48 Sec. 87.027. SIGNATURE VERIFICATION COMMITTEE. (a) Except
9-49 as provided by Subsection (b), a [A] signature verification
9-50 committee may be appointed in any election. The early voting clerk
9-51 is the authority responsible for determining whether a signature
9-52 verification committee is to be appointed. If the clerk determines
9-53 that a committee is to be appointed, the clerk shall issue a
9-54 written order calling for the appointment. [Section 87.0271
9-55 supersedes this section to the extent of a conflict.]
9-56 (b) A signature verification committee shall be appointed in
9-57 the general election for state and county officers on submission to
9-58 the early voting clerk of a written request for the committee by at
9-59 least 15 registered voters of the county. The request must be
9-60 submitted not later than the preceding October 1, and a request
9-61 submitted by mail is considered to be submitted at the time of its
9-62 receipt by the clerk.
9-63 (c) The following authority is responsible for appointing
9-64 the members of a signature verification committee:
9-65 (1) the county election board, in an election for
9-66 which the board is established;
9-67 (2) the county chair, in a primary election; and
9-68 (3) the governing body of the political subdivision,
9-69 in an election ordered by an authority of a political subdivision
10-1 other than a county.
10-2 (d) [(c)] Not later than the fifth day after the date the
10-3 early voting clerk issues the order calling for the appointment of
10-4 a signature verification committee, or not later than October 15
10-5 for a committee required under Subsection (b), the appropriate
10-6 authority shall appoint the members of the committee and designate
10-7 one of the appointees as chair, subject to Subsection (f). The
10-8 authority shall fill a vacancy on the committee by appointment as
10-9 soon as possible after the vacancy occurs, subject to Subsection
10-10 (f). The early voting clerk shall post notice of the name and
10-11 residence address of each appointee. The notice must remain posted
10-12 continuously for the period beginning the day after the date of the
10-13 appointment and ending on the last day of the committee's operation
10-14 in the election.
10-15 (e) [(d)] The early voting clerk shall determine the number
10-16 of members who are to compose the signature verification committee
10-17 and shall state that number in the order calling for the
10-18 committee's appointment. A committee must consist of not fewer
10-19 than five members.
10-20 (f) In an election [and, in elections] in which party
10-21 alignment is indicated on the ballot, each county chair of a
10-22 political party with a nominee or aligned candidate on the ballot
10-23 shall submit to the appointing authority a list of names of persons
10-24 eligible to serve on the signature verification committee. The
10-25 authority shall appoint at least two persons from each list to
10-26 serve as members of the committee. The same number of members must
10-27 be appointed from each list. The authority shall appoint the chair
10-28 of the committee from the list provided by the political party
10-29 whose nominee for governor received the most votes in the county in
10-30 the most recent gubernatorial general election. A vacancy on the
10-31 committee shall be filled to ensure the political party balance on
10-32 the committee by appointment from the original list or from a new
10-33 list submitted by the appropriate county chair [must be balanced as
10-34 equally as possible by members of each political party required to
10-35 nominate candidates by primary election].
10-36 (g) [(e)] To be eligible to serve on a signature
10-37 verification committee, a person must be a qualified voter:
10-38 (1) of the county, in a countywide election ordered by
10-39 the governor or a county authority or in a primary election;
10-40 (2) of the part of the county in which the election is
10-41 held, for an election ordered by the governor or a county authority
10-42 that does not cover the entire county of the person's residence; or
10-43 (3) of the political subdivision, in an election
10-44 ordered by an authority of a political subdivision other than a
10-45 county.
10-46 (h) [(f)] The early voting clerk shall determine the place,
10-47 day or days, and hours of operation of the signature verification
10-48 committee and shall state that information in the order calling for
10-49 the committee's appointment. A committee may not begin operating
10-50 before the 20th day before election day.
10-51 (i) [(g)] The early voting clerk shall post a copy of the
10-52 order calling for the appointment of the signature verification
10-53 committee. The copy must remain posted continuously for at least
10-54 10 days before the first day the committee meets.
10-55 (j) [(h)] If a signature verification committee is appointed
10-56 for the election, the early voting clerk shall deliver the jacket
10-57 envelopes containing the early voting ballots voted by mail to the
10-58 committee instead of to the early voting ballot board. Deliveries
10-59 may be made only during the period of the committee's operation at
10-60 times scheduled in advance of delivery by the early voting clerk.
10-61 The clerk shall post notice of the time of each delivery. The
10-62 notice must remain posted continuously for at least two days before
10-63 the date of the delivery.
10-64 (k) [(i)] The signature verification committee shall compare
10-65 the signature on each carrier envelope certificate, except those
10-66 signed for a voter by a witness, with the signature on the voter's
10-67 ballot application to determine whether the signatures are those of
10-68 the same person. The committee may also compare the signatures
10-69 with the signature on the voter's registration application to
11-1 confirm that the signatures are those of the same person [match]
11-2 but may not use the registration application signature to determine
11-3 that the signatures are not those of the same person [do not
11-4 match]. If the committee chair determines that the ballots are so
11-5 numerous that the full committee cannot review each carrier
11-6 envelope certificate and ballot application independently, the
11-7 chair may designate subcommittees of the committee members to
11-8 compare signatures under this subsection. In an election in which
11-9 party alignment is indicated on the ballot, the subcommittees must
11-10 be balanced as equally as possible by members of each political
11-11 party required to nominate candidates by primary election. A
11-12 determination under this subsection that the signatures are not
11-13 those of the same person [do not match] must be made by a majority
11-14 vote of the committee's membership. The committee shall place the
11-15 jacket envelopes, carrier envelopes, and applications of voters
11-16 whose signatures are not those of the same person [do not match] in
11-17 separate containers from those of voters whose signatures are those
11-18 of the same person [match]. The committee chair shall deliver the
11-19 sorted materials to the early voting ballot board at the time
11-20 specified by the board's presiding judge but within the period
11-21 permitted for the early voting clerk's delivery of early voting
11-22 ballots to the board.
11-23 (l) [(j)] If a signature verification committee is
11-24 appointed, the early voting ballot board shall follow the same
11-25 procedure for accepting the early voting ballots voted by mail as
11-26 in an election without a signature verification committee, except
11-27 that the board may not determine whether a voter's signatures on
11-28 the carrier envelope certificate and ballot application are those
11-29 of the same person [match] if the committee has determined that the
11-30 signatures are those of the same person [match]. If the committee
11-31 has determined that the signatures are not those of the same person
11-32 [do not match], the board may make a determination that the
11-33 signatures are those of the same person [match] by a majority vote
11-34 of the board's membership.
11-35 (m) [(k)] Postings required by this section shall be made on
11-36 the bulletin board used for posting notice of meetings of the
11-37 commissioners court, in an election for which the county election
11-38 board is established or a primary election, or of the governing
11-39 body of the political subdivision in other elections.
11-40 SECTION 35. Section 87.041(b), Election Code, is amended to
11-41 read as follows:
11-42 (b) A ballot may be accepted only if:
11-43 (1) the carrier envelope certificate is properly
11-44 executed;
11-45 (2) neither the voter's signature on the ballot
11-46 application nor the signature on the carrier envelope certificate
11-47 is determined to have been executed by a person other than the
11-48 voter, unless signed by a witness;
11-49 (3) the voter's ballot application states a legal
11-50 ground for early voting by mail;
11-51 (4) the voter is registered to vote, if registration
11-52 is required by law;
11-53 (5) the address to which the ballot was mailed to the
11-54 voter, as indicated by the application, was outside the voter's
11-55 county of residence, if the ground for early voting is absence from
11-56 the county of residence; [and]
11-57 (6) for a voter to whom a statement of residence form
11-58 was required to be sent under Section 86.002(a), the statement of
11-59 residence is returned in the carrier envelope and indicates that
11-60 the voter satisfies the residence requirements prescribed by
11-61 Section 63.0011; and
11-62 (7) the address to which the ballot was mailed to the
11-63 voter is an address that is otherwise required by Sections 84.002
11-64 and 86.003.
11-65 SECTION 36. Section 87.101, Election Code, is amended to read
11-66 as follows:
11-67 Sec. 87.101. [PREPARATION OF BALLOTS;] DELIVERY OF BALLOTS
11-68 TO COUNTING STATION. [(a)] On the direction of the presiding
11-69 judge, the early voting ballot board[, in accordance with Section
12-1 85.032(b),] shall deliver to the central counting station [open]
12-2 the container for the early voting electronic system ballots that
12-3 are to be counted by automatic tabulating equipment at a central
12-4 counting station. The board shall make the delivery without
12-5 opening the container and[, remove the ballots from the container,
12-6 and remove any ballots enclosed in ballot envelopes from their
12-7 envelopes.]
12-8 [(b) On the direction of the presiding judge, the early
12-9 voting ballot board may prepare the ballots for delivery to the
12-10 central counting station at any time after they are received and
12-11 shall deliver them] in accordance with the procedure applicable to
12-12 electronic system ballots cast at a precinct polling place.
12-13 SECTION 37. Section 87.1231, Election Code, is amended to
12-14 read as follows:
12-15 Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT.
12-16 [(a)] Not later than the time of the local canvass, the early
12-17 voting clerk shall deliver to the local canvassing authority a
12-18 report of the total number of early voting votes for each candidate
12-19 or measure by election precinct. The report may reflect the total
12-20 for votes by mail and the total for votes by personal appearance.
12-21 [(b) The early voting clerk may not report vote totals under
12-22 Subsection (a) for an election precinct in which fewer than five
12-23 votes are cast during the early voting period.]
12-24 SECTION 38. Section 87.125(a), Election Code, is amended to
12-25 read as follows:
12-26 (a) The early voting ballot board shall convene to count
12-27 ballots voted by mail described by Section 86.007(d) at the time
12-28 set by the presiding judge of the board [on]:
12-29 (1) on the sixth day after the date of a general
12-30 election for state and county officers; [or]
12-31 (2) on the second [fifth] day after the date of a
12-32 primary [or special] election, at a time following the last mail
12-33 delivery, or on an earlier day or at an earlier time if the early
12-34 voting clerk certifies that all ballots mailed from outside the
12-35 United States have been received; or
12-36 (3) not earlier than the third day or later than the
12-37 fifth day after the date of an election other than an election
12-38 described by Subdivision (1) or (2).
12-39 SECTION 39. Section 102.003(b), Election Code, is amended to
12-40 read as follows:
12-41 (b) An application may be submitted after the last day of
12-42 the period for early voting by personal appearance and before 5 [2]
12-43 p.m. on election day.
12-44 SECTION 40. Section 104.003, Election Code, is amended to
12-45 read as follows:
12-46 Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this
12-47 chapter shall be conducted on election day, beginning at 7 [8] a.m.
12-48 and concluding at 7 [2] p.m., at the main early voting polling
12-49 place[, except that the voting shall begin at 7 a.m. and conclude
12-50 at 7 p.m. in an election in which mechanical voting machines are
12-51 used]. However, if the early voting ballots voted by mail are
12-52 processed at a location other than the main early voting polling
12-53 place, the early voting clerk may require the voting to be
12-54 conducted at that location.
12-55 SECTION 41. Section 112.002(a), Election Code, is amended to
12-56 read as follows:
12-57 (a) After changing residence to another county, a person is
12-58 eligible to vote a limited ballot by personal appearance during the
12-59 early voting period or by mail if:
12-60 (1) the person would have been eligible to vote in the
12-61 county of former residence on election day if still residing in
12-62 that county; and
12-63 (2) [the date of the election is not more than 90 days
12-64 after the new residence is established; and]
12-65 [(3)] a voter registration for the person in the
12-66 county of new residence is not effective on or before election day.
12-67 SECTION 42. Section 121.003, Election Code, is amended by
12-68 adding Subdivision (17) to read as follows:
12-69 (17) "Direct recording electronic voting machine" or
13-1 "DRE" means a voting machine that is designed to allow a direct
13-2 vote on the machine by the manual touch of a screen, monitor, or
13-3 other device and that records the individual votes and vote totals
13-4 electronically.
13-5 SECTION 43. Chapter 144, Election Code, is amended by adding
13-6 Section 144.006 to read as follows:
13-7 Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
13-8 CANDIDATE. Except as otherwise provided by law, a declaration of
13-9 write-in candidacy must be filed not later than 5 p.m. of the fifth
13-10 day after the date an application for a place on the ballot is
13-11 required to be filed in an election in which:
13-12 (1) the filing deadline for an application for a place
13-13 on the ballot is the 45th day before election day; and
13-14 (2) write-in votes may be counted only for names
13-15 appearing on a list of declared write-in candidates.
13-16 SECTION 44. Sections 146.051 and 146.055, Election Code, are
13-17 amended to read as follows:
13-18 Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
13-19 In an [a general] election for city officers, a write-in vote may
13-20 not be counted unless the name written in appears on the list of
13-21 write-in candidates.
13-22 Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS.
13-23 Subchapter B applies to write-in voting in an [a general] election
13-24 for city officers except to the extent of a conflict with this
13-25 subchapter.
13-26 SECTION 45. Chapter 146, Election Code, is amended by adding
13-27 Subchapter D to read as follows:
13-28 SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION TO
13-29 FILL VACANCY IN LEGISLATURE
13-30 Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
13-31 In a special election to fill a vacancy in the legislature, a
13-32 write-in vote may not be counted unless the name written in appears
13-33 on the list of write-in candidates.
13-34 Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
13-35 be entitled to a place on the list of write-in candidates, a
13-36 candidate must file a declaration of write-in candidacy with the
13-37 secretary of state.
13-38 Sec. 146.083. FILING DEADLINE. A declaration of write-in
13-39 candidacy must be filed not later than 5 p.m. of the fifth day
13-40 after the date an application for a place on the ballot is required
13-41 to be filed.
13-42 Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS.
13-43 Subchapter B applies to write-in voting in a special election to
13-44 fill a vacancy in the legislature except to the extent of a
13-45 conflict with this subchapter.
13-46 SECTION 46. Sections 172.126(a) and (c), Election Code, are
13-47 amended to read as follows:
13-48 (a) The primary elections in a county may be conducted
13-49 jointly at the regular polling places designated for the general
13-50 election for state and county officers. The county clerk shall
13-51 supervise the overall conduct of the joint primary elections. This
13-52 section applies to the conduct of joint primary elections
13-53 notwithstanding and in addition to other applicable provisions of
13-54 this code. The decision to conduct a joint general primary
13-55 election or runoff primary election, as applicable, must be made by
13-56 majority vote of the full membership of the commissioners court and
13-57 with the unanimous approval of the county clerk and the county
13-58 chair of each political party required to nominate candidates by
13-59 primary election.
13-60 (c) One set of election officers shall conduct the primary
13-61 elections at each polling place. Not later than the second Monday
13-62 in December preceding the primary elections, each county chair
13-63 shall deliver to the county clerk a list of the names of the
13-64 election judges and clerks for that party. The presiding judge of
13-65 each party, or alternate judge if applicable, serves as a co-judge
13-66 for the precinct. If an eligible presiding co-judge and alternate
13-67 co-judge cannot be found to serve for a particular party in a
13-68 precinct, a joint primary may not be conducted in that precinct,
13-69 and that precinct must be consolidated with another precinct that
14-1 has an eligible presiding co-judge and alternate co-judge to serve
14-2 for each party. The county clerk shall appoint the election clerks
14-3 in accordance with rules prescribed by the secretary of state. The
14-4 secretary of state shall prescribe the maximum number of clerks
14-5 that may be appointed for each precinct. The early voting ballot
14-6 board and any central counting station shall also be composed of
14-7 and administered by one set of election officers that provides
14-8 representation for each party, and the secretary of state by rule
14-9 shall prescribe procedures consistent with this subsection for the
14-10 appointment of those officers.
14-11 SECTION 47. Subchapter E, Chapter 172, Election Code, is
14-12 amended by adding Section 172.127 to read as follows:
14-13 Sec. 172.127. CONDUCT OF PRIMARY ELECTION IN COUNTY WITHOUT
14-14 COUNTY CHAIR. (a) Notwithstanding and in addition to other
14-15 applicable provisions of this code, this section applies to the
14-16 conduct of a primary election in a county for a political party
14-17 that:
14-18 (1) is holding a primary election in the county; and
14-19 (2) during the period beginning on the first day of
14-20 the filing period for candidacy in the election and continuing
14-21 through election day, has a vacancy in the office of county chair
14-22 that is not filled under Section 171.024, 171.025, or 171.027
14-23 within 10 days after the date the vacancy is made known to the
14-24 appropriate authority.
14-25 (b) The county clerk shall supervise the overall conduct of
14-26 the primary election for a political party covered by this section.
14-27 The county clerk shall perform the duties and functions prescribed
14-28 by this code for the county chair or county executive committee in
14-29 conducting the primary election and in attending to related
14-30 electoral matters.
14-31 (c) The state chair of the affected political party shall
14-32 perform the duties and functions prescribed by this code for the
14-33 county chair or county executive committee in processing
14-34 applications for a place on the ballot, certifying candidates'
14-35 names, and attending to political party matters related to the
14-36 conduct of the primary election.
14-37 (d) The state chair shall certify the appropriate
14-38 candidates' names to the county clerk for placement on the general
14-39 primary election ballot in accordance with procedures prescribed by
14-40 the secretary of state.
14-41 (e) The regular polling places designated for the general
14-42 election for state and county officers shall be used for each
14-43 precinct in the primary election unless the precinct is one that is
14-44 consolidated. In that case, the county clerk shall designate the
14-45 location. At least one polling place shall be located in each
14-46 commissioners precinct, except that in a county with a population
14-47 of less than 100,000, the county may be served instead by one
14-48 polling place located at the county seat.
14-49 (f) The secretary of state by rule shall prescribe the
14-50 procedures necessary to implement this section and to facilitate
14-51 the orderly and proper conduct of a primary election covered by
14-52 this section.
14-53 SECTION 48. Subchapter A, Chapter 173, Election Code, is
14-54 amended by adding Section 173.012 to read as follows:
14-55 Sec. 173.012. PRIMARY FINANCING IN COUNTY WITHOUT COUNTY
14-56 CHAIR. (a) Notwithstanding and in addition to other applicable
14-57 provisions of this code, this section applies to the financing of a
14-58 primary election covered by Section 172.127.
14-59 (b) State funds may be spent to pay expenses incurred by a
14-60 county in connection with the primary election.
14-61 (c) The county clerk shall submit to the secretary of state
14-62 a written statement of estimated expenses to be incurred in
14-63 connection with the primary election.
14-64 (d) The county clerk shall file with the secretary of state
14-65 a sworn report containing an itemized list of the actual expenses
14-66 incurred by the county clerk in connection with the general and
14-67 runoff primaries.
14-68 (e) The secretary of state shall prescribe the rules
14-69 necessary to implement this section and to facilitate the orderly
15-1 and proper financing of a primary election covered by this section.
15-2 SECTION 49. Section 173.011(b), Election Code, is amended to
15-3 read as follows:
15-4 (b) Any surplus remaining in a county primary fund shall be
15-5 remitted to the secretary of state [county clerk] immediately after
15-6 the final payment from the fund of the necessary expenses for
15-7 holding the primary elections for that year, but not later than
15-8 July 1 following the applicable primary election. The surplus in
15-9 the primary fund shall be remitted regardless of whether state
15-10 funds were requested by the chair. [Any surplus primary funds
15-11 received by the county clerk under this subsection may be used only
15-12 for paying the remaining expenses of the joint primary election.]
15-13 SECTION 50. Section 174.021, Election Code, is amended to
15-14 read as follows:
15-15 Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND
15-16 SENATORIAL DISTRICT CONVENTIONS; USE OF PARTY RULES. (a) The
15-17 delegates to a political party's county and senatorial district
15-18 conventions held under this chapter shall be selected in accordance
15-19 with party rules at precinct conventions held as provided by this
15-20 subchapter.
15-21 (b) Notwithstanding Subsection (a), party rules may provide
15-22 for the holding of a precinct convention in a manner other than
15-23 that provided by this subchapter, including the date, hour, place,
15-24 or other procedures necessary to hold the convention.
15-25 SECTION 51. Subchapter C, Chapter 181, Election Code, is
15-26 amended by adding Section 181.0615 to read as follows:
15-27 Sec. 181.0615. USE OF PARTY RULES FOR PRECINCT, COUNTY, OR
15-28 DISTRICT CONVENTIONS. Notwithstanding any other provision of this
15-29 subchapter, a political party by rule may provide for the holding
15-30 of a precinct convention in a manner other than that provided by
15-31 this subchapter, including the date, hour, place, or other
15-32 procedures necessary to hold a convention.
15-33 SECTION 52. Section 212.001, Election Code, is amended to
15-34 read as follows:
15-35 Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
15-36 recount document submitted under this title must:
15-37 (1) be in writing;
15-38 (2) identify the office or measure for which a recount
15-39 is desired;
15-40 (3) state the grounds for the recount;
15-41 (4) state the side of the measure that the person
15-42 requesting the recount represents, if applicable;
15-43 (5) identify the election precincts, grouped by county
15-44 or other appropriate territorial unit if the election involves more
15-45 than one local canvassing authority, for which a recount is desired
15-46 and must indicate the method of voting used in each precinct;
15-47 (6) be signed by:
15-48 (A) the person requesting the recount or, if
15-49 there is more than one, any one or more of them; or
15-50 (B) an agent of the person requesting the
15-51 recount;
15-52 (7) state each requesting person's name, residence
15-53 address, and, if authorization to obtain the recount is based on
15-54 eligibility to vote in the election, voter registration number, and
15-55 county of registration if the election covers territory in more
15-56 than one county;
15-57 (8) designate an agent who is a resident of this state
15-58 to receive notice under this title on behalf of the person
15-59 requesting the recount if:
15-60 (A) the person requesting the recount is not a
15-61 resident of this state; or
15-62 (B) there is more than one person requesting the
15-63 recount;
15-64 (9) state the mailing address and at least one
15-65 telephone number, if any, at which the person requesting the
15-66 recount or an agent, identified by name, may receive notice given
15-67 under this title; [and]
15-68 (10) state the mailing address and at least one
15-69 telephone number, if any, at which the opposing candidates for the
16-1 office or their agents, identified by name, may receive notice
16-2 given under this title; and
16-3 (11) be accompanied by a deposit as provided by
16-4 Subchapter E.
16-5 SECTION 53. Subchapter B, Chapter 212, Election Code, is
16-6 amended by adding Section 212.0331 to read as follows:
16-7 Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING
16-8 FOR OFFICE. (a) The submission of a recount petition delays the
16-9 issuance of a certificate of election and qualification for the
16-10 office involved in the recount pending completion of the recount.
16-11 (b) A candidate may not qualify for an office involved in a
16-12 recount before completion of the recount.
16-13 (c) This section does not affect a candidate who has
16-14 received a certificate of election and qualified for an office
16-15 before the submission of a recount petition involving the office.
16-16 (d) The secretary of state shall prescribe any procedures
16-17 necessary to implement this section.
16-18 SECTION 54. Section 212.088(a), Election Code, is amended to
16-19 read as follows:
16-20 (a) If the deadline for submitting an expedited recount
16-21 petition falls on a Saturday, Sunday, or legal state holiday, the
16-22 deadline is extended to 10 [9] a.m. of the next regular business
16-23 day.
16-24 SECTION 55. Section 212.111(b), Election Code, is amended to
16-25 read as follows:
16-26 (b) The [Except as provided by Subsection (c), the] deposit
16-27 must be in the form of cash or a cashier's check or money order
16-28 made payable to the recount coordinator.
16-29 SECTION 56. Section 212.112(a), Election Code, is amended to
16-30 read as follows:
16-31 (a) Subject to Subsection (d), the amount of the recount
16-32 deposit is determined by the number of precincts for which a
16-33 recount is requested in the document that the deposit accompanies,
16-34 in accordance with the following schedule:
16-35 (1) five times the maximum hourly rate of pay for
16-36 election judges, for a precinct in which:
16-37 (A) regular paper ballots were used;
16-38 (B) electronic voting system ballots, other than
16-39 punch-card ballots, are to be recounted manually; or
16-40 (C) both write-in votes and voting system votes
16-41 are to be recounted;
16-42 (2) 10 times the maximum hourly rate of pay for
16-43 election judges, for a precinct in which punch-card ballots are to
16-44 be recounted manually;
16-45 (3) three times the maximum hourly rate of pay for
16-46 election judges, for a precinct in which ballots are to be
16-47 recounted by automatic tabulating equipment and no write-in votes
16-48 are to be recounted; and
16-49 (4) two times the maximum hourly rate of pay for
16-50 election judges, for a precinct in which:
16-51 (A) voting machines, including direct recording
16-52 electronic voting machines, were used and no write-in votes are to
16-53 be recounted; or
16-54 (B) only the write-in votes cast in connection
16-55 with a voting system are to be recounted.
16-56 SECTION 57. Section 213.013(e), Election Code, is amended to
16-57 read as follows:
16-58 (e) To be eligible to serve as a representative at a
16-59 recount, the person must satisfy the eligibility requirements
16-60 prescribed by this code for watchers in the election. A
16-61 representative appointed to serve at a recount must deliver a
16-62 certificate of appointment to the recount committee chair at the
16-63 time the representative reports for service. A representative who
16-64 presents himself or herself for service at any time immediately
16-65 before or during the recount and submits a proper certificate of
16-66 appointment must be accepted for service unless the number of
16-67 appointees to which the appointing authority is entitled have
16-68 already been accepted.
16-69 SECTION 58. Section 277.002(a), Election Code, is amended to
17-1 read as follows:
17-2 (a) For a petition signature to be valid, a petition must:
17-3 (1) contain in addition to the signature:
17-4 (A) the signer's printed name;
17-5 (B) the signer's date of birth or [and] the
17-6 signer's voter registration number and, if the territory from which
17-7 signatures must be obtained is situated in more than one county,
17-8 the county of registration;
17-9 (C) the signer's residence address; and
17-10 (D) the date of signing; and
17-11 (2) comply with any other applicable requirements
17-12 prescribed by law.
17-13 SECTION 59. Section 601.004, Government Code, is amended to
17-14 read as follows:
17-15 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE,
17-16 DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a
17-17 certificate of election to an unexpired term of an office is
17-18 entitled to qualify for and assume the duties of the office
17-19 immediately and shall take office as soon as possible after the
17-20 receipt of the certificate of election, subject to Section
17-21 212.0331, Election Code.
17-22 SECTION 60. Section 521.101, Transportation Code, is amended
17-23 by adding Subsection (j) to read as follows:
17-24 (j) If an applicant for a personal identification
17-25 certificate or a duplicate or corrected certificate completes a
17-26 voter registration application form provided by the department
17-27 under Subchapter C, Chapter 20, Election Code, and the department
17-28 issues a temporary certificate, the department shall indicate on
17-29 the temporary certificate that the applicant has completed a voter
17-30 registration application form provided by the department.
17-31 SECTION 61. Section 521.124, Transportation Code, is amended
17-32 by adding Subsection (c) to read as follows:
17-33 (c) If an applicant for an original or renewal of a driver's
17-34 license or a duplicate or corrected license completes a voter
17-35 registration application form provided by the department and the
17-36 department issues a temporary license, the department shall
17-37 indicate on the temporary license that the applicant has completed
17-38 a voter registration application form provided by the department.
17-39 SECTION 62. Sections 13.072(e), 15.026, 87.0271, 145.006,
17-40 and 212.111(c), Election Code, are repealed.
17-41 SECTION 63. (a) The secretary of state shall study the
17-42 feasibility of developing a standardized electronic format for
17-43 entering voter information relating to residence address, including
17-44 reviewing any United States Postal Service approved software for
17-45 address standardization, for the purpose of identifying duplicate
17-46 registrations by voters.
17-47 (b) Not later than December 1, 2002, the secretary of state
17-48 shall issue a report summarizing:
17-49 (1) any recommendations by the secretary for address
17-50 standardization;
17-51 (2) any legislation proposed by the secretary for
17-52 address standardization; and
17-53 (3) any other findings or recommendations related to
17-54 the issue of address standardization.
17-55 (c) The secretary of state shall promptly deliver copies of
17-56 the report to the governor, the lieutenant governor, and the
17-57 speaker of the house of representatives.
17-58 SECTION 64. On or before January 1, 2002, the secretary of
17-59 state shall prescribe:
17-60 (1) a voter registration application form that
17-61 conforms to the changes made by Section 13.122, Election Code, as
17-62 amended by this Act; and
17-63 (2) a form for a confirmation notice and a
17-64 confirmation notice response that conforms to the changes made by
17-65 Sections 15.052 and 15.053, Election Code, as amended by this Act.
17-66 SECTION 65. On or before January 1, 2002, the Department of
17-67 Public Safety shall prescribe a temporary license form and a
17-68 temporary personal identification certificate form that conforms to
17-69 the changes made by Section 20.063(e), Election Code, as added by
18-1 this Act, and Sections 521.101(j) and 521.124(c), Transportation
18-2 Code, as added by this Act.
18-3 SECTION 66. (a) Except as provided by this section, this
18-4 Act takes effect September 1, 2001.
18-5 (b) The changes in law made by Section 13.122(a), Election
18-6 Code, as amended by this Act, take effect January 1, 2002, and
18-7 apply only to voter registration application forms produced on or
18-8 after that date. Voter registration application forms produced
18-9 before January 1, 2002, may continue to be used until the supply is
18-10 exhausted, and the former law governing those forms is continued in
18-11 effect for that purpose.
18-12 (c) The changes in law made by Section 20.063(e), Election
18-13 Code, as added by this Act, and Sections 521.101(j) and 521.124(c),
18-14 Transportation Code, as added by this Act, take effect January 1,
18-15 2002.
18-16 * * * * *