By:  Shapiro                                             S.B. No. 6
         2001S0394/2                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the fair conduct of elections and election campaigns;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subdivision (20), Section 1.005, Election Code,
 1-6     is amended to read as follows:
 1-7                 (20)  "Straight-party vote" means a vote by a single
 1-8     mark[, punch,] or other action by the voter for all the nominees of
 1-9     one political party and for no other candidates.
1-10           SECTION 2.  Subsection (a), Section 67.012, Election Code, is
1-11     amended to read as follows:
1-12           (a)  The governor shall conduct the state canvass not earlier
1-13     than the 23rd [15th] or later than the 35th [30th] day after
1-14     election day at the time set by the secretary of state.
1-15           SECTION 3.  Subsection (a), Section 85.034, Election Code, is
1-16     amended to read as follows:
1-17           (a)  Early voting by personal appearance by a voter who is
1-18     voting outside the early voting polling place under Section 64.009
1-19     shall be conducted in accordance with this section if voting at the
1-20     early voting polling place is by voting machine [or voting device
1-21     unless the early voting clerk chooses to transport a voting device
1-22     to the voter].
1-23           SECTION 4.  Section 104.001, Election Code, is amended to
1-24     read as follows:
1-25           Sec. 104.001.  ELIGIBILITY.  A qualified voter in whose
 2-1     precinct polling place voting is conducted by voting machine [or
 2-2     voting device] is eligible to vote by the early voting procedure
 2-3     provided by this chapter if the voter has a sickness or physical
 2-4     condition that prevents the voter from voting in the regular manner
 2-5     without personal assistance or a likelihood of injuring the voter's
 2-6     health.
 2-7           SECTION 5.  Section 121.003, Election Code, is amended to
 2-8     read as follows:
 2-9           Sec. 121.003.  DEFINITIONS.  In this title:
2-10                 (1)  "Voting system" means a method of casting and
2-11     processing votes that is designed to function wholly or partly by
2-12     use of mechanical, electromechanical, or electronic apparatus and
2-13     includes the procedures for casting and processing votes and the
2-14     programs, operating manuals, tabulating cards, printouts, and other
2-15     software necessary for the system's operation.
2-16                 (2)  "Electronic voting system" means a voting system
2-17     in which the ballots are automatically counted and the results
2-18     automatically tabulated by use of electronically operated
2-19     apparatus.
2-20                 (3)  "Voting machine" means an apparatus on which
2-21     voters cast their votes, that records each vote, and that furnishes
2-22     a total of the number of votes cast for the candidates and for and
2-23     against the measures.
2-24                 (4)  "Mechanical voting machine" means a voting machine
2-25     that is designed to function by the manual operation of a [lever or
2-26     other] device on the machine, other than a lever, without the aid
 3-1     of electrical power.
 3-2                 (5)  ["Voting device" means an apparatus that is
 3-3     designed for use with punch-card ballots, that holds the punch-card
 3-4     ballot label, and that enables a voter to position the ballot for
 3-5     voting.]
 3-6                 [(6)]  "Voting system equipment" means any kind of
 3-7     mechanical, electromechanical, or electronic apparatus for use in a
 3-8     voting system.
 3-9                 (6) [(7)]  "Automatic tabulating equipment" means
3-10     equipment, other than a voting machine, that compiles vote totals
3-11     by ballot sorting, ballot reading, ballot scanning, or electronic
3-12     data processing.
3-13                 (7) [(8)]  "Public counter" means a registering device
3-14     that cumulatively records the number of voters casting votes on a
3-15     voting machine and that is constructed and installed on the machine
3-16     in a way that provides an unobstructed view of the recorded number.
3-17                 (8) [(9)]  "Protective counter" means a registering
3-18     device that permanently records the cumulative number of times that
3-19     a voting machine has been operated and that is installed in the
3-20     machine in a way that prevents resetting the device.
3-21                 (9) [(10)]  "Registering counter" means a registering
3-22     device on a voting machine that records the votes cast for a
3-23     particular candidate or for or against a particular measure.
3-24                 (10) [(11)]  "Mechanical machine ballot label" means
3-25     the [cardboard or other] material listing the candidates and
3-26     propositions that is attached to a mechanical voting machine to
 4-1     enable voters to make their choices.
 4-2                 (11) [(12)  "Punch-card ballot label" means the paper
 4-3     or other material listing the candidates and propositions that is
 4-4     designed for use with punch-card ballots to enable voters to make
 4-5     their choices.]
 4-6                 [(13)]  "Voting system ballot label" means [a
 4-7     punch-card ballot label or] a mechanical machine ballot label.
 4-8                 (12) [(14)]  "Electronic system ballot" means a ballot
 4-9     designed for use with an electronic voting system.
4-10                 (13) [(15)  "Punch-card ballot" means an electronic
4-11     system ballot in the form of a tabulating card.]
4-12                 [(16)]  "Voting system ballot" means a ballot designed
4-13     for use with a voting system.
4-14           SECTION 6.  Section 122.001, Election Code, is amended by
4-15     adding Subsection (d) to read as follows:
4-16           (d)  A voting system may not be used in an election if the
4-17     system uses:
4-18                 (1)  a punch-card ballot; or
4-19                 (2)  a mechanical voting machine designed to function
4-20     by the manual operation of a lever or similar device.
4-21           SECTION 7.  Subchapter A, Chapter 123, Election Code, is
4-22     amended by adding Section 123.0015 to read as follows:
4-23           Sec. 123.0015.  NEW VOTING SYSTEM TECHNOLOGIES.  Any new
4-24     technology incorporated into a county's adopted voting system in
4-25     order to upgrade, modify, or otherwise enhance that system must be
4-26     implemented proportionately in all the commissioners precincts
 5-1     within that county.
 5-2           SECTION 8.  Section 123.004, Election Code, is amended to
 5-3     read as follows:
 5-4           Sec. 123.004.  RESTRICTING VOTING SYSTEM TO PARTICULAR
 5-5     POLLING PLACES.  The authority adopting a voting system may
 5-6     restrict its use to one or more polling places only if the system
 5-7     is not an enhanced system described in Section 123.0015.
 5-8           SECTION 9.  Section 123.007, Election Code, is amended to
 5-9     read as follows:
5-10           Sec. 123.007.  ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR
5-11     SAME ELECTION.  If more than one kind of voting system is adopted
5-12     for use at the polling places in the same election, the adopting
5-13     authority shall determine the polling place or places at which each
5-14     system is to be used, subject to the restrictions of Section
5-15     123.0015.
5-16           SECTION 10.  Subsection (c), Section 124.031, Election Code,
5-17     is amended to read as follows:
5-18           (c)  The ballot label must contain a marking that indicates
5-19     the identity of the mechanical voting machine to which it is
5-20     attached.
5-21           SECTION 11.  Subsection (a), Section 124.033, Election Code,
5-22     is amended to read as follows:
5-23           (a)  The authority adopting mechanical voting machines for
5-24     use in an election may provide by resolution, order, or other
5-25     official action for the use of the paper write-in ballot prescribed
5-26     by this section instead of the method of write-in voting that the
 6-1     mechanical voting machines are designed to use if an additional
 6-2     [voting] machine would otherwise be necessary to accommodate all
 6-3     the candidates and propositions to be listed.
 6-4           SECTION 12.  Subsection (a), Section 124.034, Election Code,
 6-5     is amended to read as follows:
 6-6           (a)  The authority adopting mechanical voting machines for
 6-7     use in an election may provide by resolution, order, or other
 6-8     official action for voting by paper ballot on any precinct offices
 6-9     at a polling place using mechanical voting machines if an
6-10     additional [voting] machine would otherwise be necessary to
6-11     accommodate all the candidates and propositions to be listed.
6-12           SECTION 13.  Section 124.063, Election Code, is amended to
6-13     read as follows:
6-14           Sec. 124.063.  INSTRUCTIONS REQUIRED ON BALLOT.  (a)  An
6-15     electronic system ballot on which a voter indicates a vote by
6-16     making a mark on [punching a hole in] the ballot must contain the
6-17     following instruction if candidates are to be voted on:  "Vote for
6-18     the candidate of your choice in each race by making a mark [punch
6-19     hole] in the space provided adjacent to the name of that
6-20     candidate."  If a proposition appears on the ballot, the ballot
6-21     must contain the following instruction:  "Make a mark [punch hole]
6-22     in the space provided beside the statement indicating the way you
6-23     desire to vote."
6-24           (b)  [An electronic system ballot on which a voter indicates
6-25     a vote by making a mark on the ballot must comply with Subsection
6-26     (a), with the substitution of "mark" for "punch hole."]
 7-1           [(c)]  The instructions prescribed by Subsection
 7-2     [Subsections] (a) [and (b)] shall be changed appropriately if the
 7-3     election has only one race, more than one candidate is to be
 7-4     elected in a race, or other circumstances require an alteration of
 7-5     the instructions.
 7-6           (c) [(d)  An electronic system ballot on which a voter
 7-7     indicates a vote by punching a hole in the ballot must contain the
 7-8     following instruction following the other required instructions:
 7-9     "Check your ballot after voting to make sure that the holes are
7-10     actually punched through."]
7-11           [(e)]  The electronic system ballot must contain instructions
7-12     for casting a write-in vote.  The secretary of state shall
7-13     prescribe the wording of the instructions.
7-14           (d) [(f)]  The electronic system ballot for an election in
7-15     which straight-party voting is allowed must contain the instruction
7-16     prescribed by Section 52.071(b) with the language relating to
7-17     placing an "X" in the party square changed as appropriate to
7-18     accommodate the method by which the voter indicates a vote.
7-19           (e) [(g)]  The instructions required by this section may be
7-20     placed on the [punch-card] ballot label instead of on the
7-21     [punch-card] ballot.
7-22           SECTION 14.  Section 125.001, Election Code, is amended to
7-23     read as follows:
7-24           Sec. 125.001.  ALLOCATION OF EQUIPMENT AMONG POLLING PLACES.
7-25     The authority responsible for allocating election supplies among
7-26     the polling places for an election shall determine the number of
 8-1     voting machines[, voting devices,] or units of other voting system
 8-2     equipment to be installed at each polling place based on:
 8-3                 (1)  the number of votes cast at the polling place in
 8-4     previous, similar elections;
 8-5                 (2)  the number of registered voters eligible to vote
 8-6     at a polling place;
 8-7                 (3)  the number of units of equipment available; and
 8-8                 (4)  any other factors the authority determines are
 8-9     relevant.
8-10           SECTION 15.  Section 125.007, Election Code, is amended to
8-11     read as follows:
8-12           Sec. 125.007.  ASSISTING VOTER.  If a voter who is voting
8-13     with a voting machine [or voting device] is physically unable to
8-14     operate the machine [or device], the voter is entitled to
8-15     assistance under the applicable provisions for assisting voters
8-16     using regular paper ballots.
8-17           SECTION 16.  Subsections (b) through (e), Section 125.031,
8-18     Election Code, are amended to read as follows:
8-19           (b)  If the mechanical voting machine is in the proper order
8-20     for use, the authority shall secure the machine against operation
8-21     as prescribed by the secretary of state.
8-22           (c)  The authority shall prepare a record containing the
8-23     identification of each mechanical voting machine inspected, the
8-24     identification of the polling place at which each machine is to be
8-25     used, the number on the protective counter, and any other
8-26     information required by the secretary of state.  The record shall
 9-1     be preserved for the period for preserving the precinct election
 9-2     records.
 9-3           (d)  Not later than the day before the date of the inspection
 9-4     of mechanical voting machines, the authority shall notify the
 9-5     county chair of each political party with a nominee on the ballot
 9-6     of the place, date, and hour of the inspection.  The county chair
 9-7     or the chair's designee is entitled to observe the inspection and
 9-8     securing of the machines.
 9-9           (e)  The authority shall post a notice of the place, date,
9-10     and hour of the inspection of mechanical voting machines on the
9-11     bulletin board used for posting notices of meetings of the
9-12     governing body of the political subdivision served by the
9-13     authority.  The notice must remain posted continuously for the 48
9-14     hours preceding the beginning of the inspection.
9-15           SECTION 17.  Subsections (b) through (e), Section 125.032,
9-16     Election Code, are amended to read as follows:
9-17           (b)  A mechanical voting machine may not be unsecured until
9-18     after the presiding judge determines that it is at the proper
9-19     polling place.
9-20           (c)  If the mechanical voting machine is delivered to the
9-21     proper polling place, the presiding judge shall unsecure the
9-22     machine and make an inspection to determine whether the machine is
9-23     properly installed and in the proper order for voting.
9-24           (d)  If the mechanical voting machine is not properly
9-25     installed or not in the proper order for voting, the presiding
9-26     judge shall take appropriate corrective action.
 10-1          (e)  When the presiding judge determines that the mechanical
 10-2    voting machine is properly installed and in the proper order for
 10-3    voting, the judge shall prepare a certificate containing:
 10-4                (1)  a statement that the judge has determined that the
 10-5    machine is in the proper order for use in the election;
 10-6                (2)  the number on the protective counter;
 10-7                (3)  the signature of the judge;
 10-8                (4)  the signatures of not more than two watchers if
 10-9    one or more watchers are present, with the signatures being from
10-10    watchers of opposing interests if such watchers are present; and
10-11                (5)  any other information required by the secretary of
10-12    state.
10-13          SECTION 18.  Subsection (a), Section 125.033, Election Code,
10-14    is amended to read as follows:
10-15          (a)  In an election in which paper write-in ballots are used,
10-16    a voter who has been accepted to vote by mechanical voting machine
10-17    is entitled to a paper write-in ballot on request if the voter
10-18    executes the following affidavit:
10-19    "State of Texas
10-20    "County of __________________________
10-21          "Before me, the undersigned authority, on this day personally
10-22    appeared ________________________________, who, having been by me
10-23    first duly sworn, on the person's oath did depose and say:
10-24          "'I have not and will not cast a vote on the voting machine
 11-1    for the office for which I am casting a write-in ballot.'
 11-2    ________________________________
 11-3    Voter
 11-4          "Subscribed and sworn before me this ______ day of
 11-5    __________________, 20 [19]____.
 11-6             _________________________________________________
 11-7             Election Officer of Polling Place ______________,
 11-8                      ________________ County, Texas"
 11-9          SECTION 19.  Subsection (b), Section 125.035, Election Code,
11-10    is amended to read as follows:
11-11          (b)  After the mechanical voting machine is secured, the
11-12    presiding judge shall prepare a certificate containing:
11-13                (1)  a statement that the machine is secured;
11-14                (2)  the numbers on the protective counter and the
11-15    public counter;
11-16                (3)  the signatures of the presiding judge and at least
11-17    one election clerk;
11-18                (4)  the signatures of not more than two watchers if
11-19    one or more watchers are present, with the signatures being from
11-20    watchers of opposing interests if such watchers are present; and
11-21                (5)  any other information required by the secretary of
11-22    state.
11-23          SECTION 20.  Subsection (a), Section 125.061, Election Code,
11-24    is amended to read as follows:
11-25          (a)  Before opening a polling place for voting on election
11-26    day, the presiding judge shall inspect [each voting device and] any
 12-1    [other] electronic voting system equipment installed at the polling
 12-2    place to determine whether it is installed and functioning
 12-3    properly.
 12-4          SECTION 21.  Subsections (b) and (d), Section 126.002,
 12-5    Election Code, are amended to read as follows:
 12-6          (b)  After a mechanical voting machine is secured against
 12-7    unauthorized operation, on direction of the presiding judge an
 12-8    election officer shall open the registering counters and announce
 12-9    the designating number, if any, of each candidate and proposition,
12-10    the vote for each candidate, and the vote for and against each
12-11    proposition as indicated on the registering counters.  As the
12-12    results are announced, an election officer shall enter them on the
12-13    election returns.
12-14          (d)  After the entries are made on the election returns, an
12-15    election officer shall read from the returns the name and
12-16    designating number, if any, of each candidate, each proposition and
12-17    its designating number, if any, the vote for each candidate, and
12-18    the vote for and against each proposition.  As the entries are
12-19    read, another election officer shall verify them by comparing them
12-20    to the results registered on the mechanical voting machine.  During
12-21    the verification, persons lawfully present in the polling place are
12-22    entitled to compare the entries on the election returns with the
12-23    results registered on the [voting] machine.  Discrepancies shall be
12-24    reported to the presiding judge, who shall make the appropriate
12-25    corrections to the entries.
12-26          SECTION 22.  Subsections (b) and (c), Section 126.003,
 13-1    Election Code, are amended to read as follows:
 13-2          (b)  After a mechanical voting machine is secured against
 13-3    unauthorized operation, the presiding judge shall detach the
 13-4    printout from the [voting] machine.  The entries on the returns
 13-5    shall be made by using the printout as the source of the election
 13-6    results instead of the registering counters of the [voting]
 13-7    machine.  The registering counters shall be kept closed to access.
 13-8          (c)  If the identity of the mechanical voting machine does
 13-9    not appear on its printout, the presiding judge shall enter the
13-10    machine's identity on the printout.  The presiding judge and two
13-11    election clerks shall certify that the printout and the machine
13-12    correspond by signing the printout.
13-13          SECTION 23.  Subsection (b), Section 126.004, Election Code,
13-14    is amended to read as follows:
13-15          (b)  After the write-in results from a mechanical voting
13-16    machine are entered on the election returns, the write-in record
13-17    from the machine shall be sealed as prescribed by the secretary of
13-18    state.
13-19          SECTION 24.  Subsection (a), Section 126.005, Election Code,
13-20    is amended to read as follows:
13-21          (a)  If a vote is cast by paper write-in ballot for a
13-22    candidate for whom the voter could have voted by voting or
13-23    mechanical voting machine, the paper write-in vote may not be
13-24    counted.
13-25          SECTION 25.  Subsection (c), Section 126.009, Election Code,
13-26    is amended to read as follows:
 14-1          (c)  The presiding judge shall deliver the sealed envelope
 14-2    containing the keys to the custodian of the mechanical voting
 14-3    machine.  The custodian shall preserve the envelope in its sealed
 14-4    condition for the period the [voting] machine is secured after the
 14-5    election.
 14-6          SECTION 26.  Subsections (b) and (c), Section 126.031,
 14-7    Election Code, are amended to read as follows:
 14-8          (b)  The custodian of the mechanical voting machine shall
 14-9    keep the machine secure against unauthorized operation for the
14-10    period prescribed by Subsection (a).
14-11          (c)  The mechanical voting machine may be unsecured and
14-12    cleared of the election results at any time after the security
14-13    period prescribed by Subsection (a) expires unless the period is
14-14    extended under this subchapter.
14-15          SECTION 27.  Subsections (b) through (g), Section 126.032,
14-16    Election Code, are amended to read as follows:
14-17          (b)  A request must be in writing and signed by:
14-18                (1)  a person eligible to contest the election or
14-19    obtain a recount; or
14-20                (2)  a public authority authorized to conduct a
14-21    criminal investigation involving use of the mechanical voting
14-22    machine in the election or a person designated by the public
14-23    authority to make the request.
14-24          (c)  The request shall be preserved by the mechanical voting
14-25    machine's custodian for the period for preserving the precinct
14-26    election records.
 15-1          (d)  To obtain the release of a mechanical voting machine
 15-2    secured under this section, the machine's custodian must petition a
 15-3    district court for the release.  Venue of the petition is in the
 15-4    county in which the polling place at which the [voting] machine was
 15-5    installed is located.
 15-6          (e)  On petition, the court shall issue an order releasing
 15-7    the mechanical voting machine unless the party requesting the
 15-8    extended security period establishes that maintaining security of
 15-9    the machine is necessary to the disposition of an election contest,
15-10    recount, or criminal investigation.  In that case, the court shall
15-11    determine the period for continuing the machine's security and
15-12    issue an order releasing the machine on expiration of that period.
15-13    If the machine is required for another election, the court shall
15-14    order its release for a time before the election that will not
15-15    interfere with use of the machine in the election.
15-16          (f)  The mechanical voting machine may be unsecured and
15-17    cleared of election results at any time after the machine is
15-18    released by the district court.
15-19          (g)  The requesting party may withdraw the request before a
15-20    petition is filed under this section by submitting a written
15-21    retraction to the mechanical voting machine's custodian.  If a
15-22    request is withdrawn, a machine secured by the request may be
15-23    unsecured and cleared of election results without petitioning a
15-24    district court for a release.  The retraction shall be preserved
15-25    with the request.
15-26          SECTION 28.  Subsections (b) and (c), Section 126.033,
 16-1    Election Code, are amended to read as follows:
 16-2          (b)  If a tribunal extends the security period, the tribunal
 16-3    shall determine the period for continuing the mechanical voting
 16-4    machine's security and issue an order releasing the machine on the
 16-5    expiration of that period.  If the machine is required for another
 16-6    election, the tribunal shall order its release for a time before
 16-7    the election that will not interfere with use of the machine in the
 16-8    election.
 16-9          (c)  The mechanical voting machine may be unsecured and
16-10    cleared of election results at any time after the machine is
16-11    released by the tribunal.
16-12          SECTION 29.  Section 126.034, Election Code, is amended to
16-13    read as follows:
16-14          Sec. 126.034.  PRESERVATION OF BALLOT LABEL.  (a)  The
16-15    mechanical machine ballot label shall be preserved intact on the
16-16    mechanical voting machine during the period that the machine is
16-17    secured following an election.  After that period expires, the
16-18    ballot label may be detached from the machine.
16-19          (b)  If the mechanical machine ballot label is detached from
16-20    the mechanical voting machine before the period for preserving the
16-21    precinct election records expires, the machine's custodian shall
16-22    deliver the ballot label to the general custodian of election
16-23    records.
16-24          (c)  The mechanical machine ballot label may be discarded or
16-25    destroyed after the security period expires or the period for
16-26    preserving the precinct election records expires, whichever is
 17-1    later.
 17-2          SECTION 30.  Subsection (b), Section 126.035, Election Code,
 17-3    is amended to read as follows:
 17-4          (b)  On completion of an examination, the authority that
 17-5    ordered the examination shall have the mechanical voting machine
 17-6    restored to its secured condition.  The person in charge of the
 17-7    examination shall replace the keys to the machine in their
 17-8    envelope, seal the envelope, sign the person's name across the
 17-9    seal, and return the sealed envelope to the machine's custodian.
17-10          SECTION 31.  Section 212.028, Election Code, is amended to
17-11    read as follows:
17-12          Sec. 212.028.  TIME FOR SUBMITTING PETITION.  (a)  For all
17-13    statewide and district elections, a petition for an initial recount
17-14    must be submitted by 5 p.m. of the 15th day after election day.
17-15          (b)  For elections not subject to Subsection (a), a [A]
17-16    petition for an initial recount must be submitted by the later of:
17-17                (1)  5 p.m. of the fifth day after election day; or
17-18                (2)  5 p.m. of the second day after the date the
17-19    canvassing authority to whose presiding officer the petition must
17-20    be submitted completes its canvass of the original election
17-21    returns.
17-22          SECTION 32.  Section 212.131, Election Code, is amended by
17-23    amending Subsection (c) and adding Subsection (e) to read as
17-24    follows:
17-25          (c)  Except as provided by Subsection (e), in [In] an
17-26    election for which there is a final canvass at the state level, an
 18-1    initial recount of votes cast in a voting system may include any
 18-2    one or more counties covered by the election, but must include all
 18-3    the voting system precincts in each county recounted.
 18-4          (e)  In a statewide election, an initial recount of votes
 18-5    cast in a voting system shall include all the voting system
 18-6    precincts in each county of the state.
 18-7          SECTION 33.  Chapter 212, Election Code, is amended by adding
 18-8    Subchapter G to read as follows:
 18-9                    SUBCHAPTER  G.  ORDERING OF RECOUNT
18-10          Sec. 212.151.  ORDERING OF RECOUNT.  (a)  A commissioners
18-11    court may order a recount of an election if the court finds that an
18-12    improper counting program or procedure was used in violation of
18-13    Title 3, 6, 7, or 8 or that there was an inadvertent failure to
18-14    count ballots that were properly completed.
18-15          (b)  A recount under this section must be ordered not later
18-16    than the seventh day after the date of the election.
18-17          (c)  A recount under this section shall be conducted
18-18    according to the provisions of Chapter 213.
18-19          Sec. 212.152.  PETITION FOR RECOUNT.  (a)  To order a recount
18-20    for a reason not described under Section 212.151, a commissioners
18-21    court must file a petition in a district court having general
18-22    jurisdiction in the territory involved for permission to conduct a
18-23    recount under this subchapter.
18-24          (b)  The petition must be filed not later than the seventh
18-25    day after the date of the election.
18-26          SECTION 34.  Subsection (a), Section 212.112, Election Code,
 19-1    is amended to read as follows:
 19-2          (a)  Subject to Subsection (d), the amount of the recount
 19-3    deposit is determined by the number of precincts for which a
 19-4    recount is requested in the document that the deposit accompanies,
 19-5    in accordance with the following schedule:
 19-6                (1)  five times the maximum hourly rate of pay for
 19-7    election judges, for a precinct in which:
 19-8                      (A)  regular paper ballots were used;
 19-9                      (B)  electronic voting system ballots[, other
19-10    than punch-card ballots,] are to be recounted manually; or
19-11                      (C)  both write-in votes and voting system votes
19-12    are to be recounted;
19-13                (2)  [10 times the maximum hourly rate of pay for
19-14    election judges, for a precinct in which punch-card ballots are to
19-15    be recounted manually;]
19-16                [(3)]  three times the maximum hourly rate of pay for
19-17    election judges, for a precinct in which ballots are to be
19-18    recounted by automatic tabulating equipment and no write-in votes
19-19    are to be recounted; and
19-20                (3) [(4)]  two times the maximum hourly rate of pay for
19-21    election judges, for a precinct in which:
19-22                      (A)  voting machines were used and no write-in
19-23    votes are to be recounted; or
19-24                      (B)  only the write-in votes cast in connection
19-25    with a voting system are to be recounted.
19-26          SECTION 35.  Subsection (b), Section 214.002, Election Code,
 20-1    is amended to read as follows:
 20-2          (b)  The count shall be made, and the correctness of the
 20-3    tally lists shall be certified, in the same manner as an original
 20-4    count of regular paper ballots, except that[:]
 20-5                [(1)]  only two tally lists are prepared[; and]
 20-6                [(2)  Section 127.130(d) applies to a count of
 20-7    punch-card ballots].
 20-8          SECTION 36.  Section 221.008, Election Code, is amended to
 20-9    read as follows:
20-10          Sec. 221.008.  EXAMINATION OF SECURED BALLOTS AND EQUIPMENT.
20-11    A tribunal hearing an election contest may cause secured ballot
20-12    boxes, envelopes, voting machines, [voting devices,] or other
20-13    equipment used in the election to be unsecured to determine the
20-14    correct vote count or any other fact that the tribunal considers
20-15    pertinent to a fair and just disposition of the contest.
20-16          SECTION 37.  Subdivision (2), Section 251.001, Election Code,
20-17    is amended to read as follows:
20-18                (2)  "Contribution" means a direct or indirect transfer
20-19    of money, goods, services, or any other thing of value and includes
20-20    an agreement made or other obligation incurred, whether legally
20-21    enforceable or not, to make a transfer.  The term includes a loan
20-22    or extension of credit, other than those expressly excluded by this
20-23    subdivision, and a guarantee of a loan or extension of credit,
20-24    including a loan described by this subdivision.  The term does not
20-25    include:
20-26                      (A)  a loan made in the due course of business by
 21-1    a corporation that is legally engaged in the business of lending
 21-2    money and that has conducted the business continuously for more
 21-3    than one year before the loan is made; [or]
 21-4                      (B)  an expenditure required to be reported under
 21-5    Section 305.006(b), Government Code; or
 21-6                      (C)  the value of services provided without
 21-7    compensation by any individual who volunteers on behalf of a
 21-8    candidate, officeholder, or political committee.
 21-9          SECTION 38.  Section 251.005, Election Code, is amended to
21-10    read as follows:
21-11          Sec. 251.005.  OUT-OF-STATE COMMITTEES EXCLUDED.  (a)  An
21-12    out-of-state political committee is not subject to Chapter 252 or
21-13    254, except as provided by this section [Subsection (b) or (c)].
21-14          (b)  Except as provided by Subsection (d), if [If] an
21-15    out-of-state committee decides to file a campaign treasurer
21-16    appointment under Chapter 252, at the time the appointment is filed
21-17    the committee becomes subject to this title to the same extent as a
21-18    political committee that is not an out-of-state committee.
21-19          (c)  Except as provided by Subsection (d), if [If] an
21-20    out-of-state committee performs an activity that removes the
21-21    committee from out-of-state status as defined by Section
21-22    251.001(15), the committee becomes subject to this title to the
21-23    same extent as a political committee that is not an out-of-state
21-24    committee.
21-25          (d)  An out-of-state political committee that files reports
21-26    with the Federal Election Commission or with the election authority
 22-1    of another state is not required to file such reports with the
 22-2    Texas Ethics Commission if all of the committee's reports are
 22-3    available electronically.  An out-of-state political committee that
 22-4    elects not to file reports with the Texas Ethics Commission shall
 22-5    file a one-page notice with the commission stating that:
 22-6                (1)  the committee files reports with the Federal
 22-7    Election Commission or with the election authority of another
 22-8    state; and
 22-9                (2)  those reports include, for the reporting period,
22-10    contributions or expenditures made by the committee in Texas.
22-11          SECTION 39.  Subsection (a), Section 252.003, Election Code,
22-12    is amended to read as follows:
22-13          (a)  In addition to the information required by Section
22-14    252.002, a campaign treasurer appointment by a general-purpose
22-15    committee must include:
22-16                (1)  the full name, and any acronym of the name that
22-17    will be used in the name of the committee as provided by Subsection
22-18    (d), of each corporation, labor organization, or other association
22-19    or legal entity that directly establishes, administers, or controls
22-20    the committee, if applicable, or the name of each person who
22-21    determines to whom the committee makes contributions or the name of
22-22    each person who determines for what purposes the committee makes
22-23    expenditures; and
22-24                (2)  [the full name and address of each general-purpose
22-25    committee to whom the committee intends to make political
22-26    contributions; and]
 23-1                [(3)]  the name of the committee and, if the name is an
 23-2    acronym, the words the acronym represents.
 23-3          SECTION 40.  Subchapter A, Chapter 253, Election Code, is
 23-4    amended by adding Section 253.006 to read as follows:
 23-5          Sec. 253.006.  COERCION PROHIBITED.  (a)  A person, including
 23-6    a candidate, officeholder, or political committee, commits an
 23-7    offense if the person uses or threatens to use physical force, job
 23-8    discrimination, or financial reprisal to obtain a contribution or
 23-9    other thing of value to be used to influence the result of an
23-10    election or to assist an officeholder.
23-11          (b)  A candidate, officeholder, or political committee
23-12    commits an offense if the person accepts or uses money or any other
23-13    thing of value that is known by the candidate or officeholder or a
23-14    decision-making member or officer of the political committee to
23-15    have been obtained in violation of Subsection (a).
23-16          (c)  An offense under this section is a felony of the third
23-17    degree.
23-18          SECTION 41.  Section 253.031, Election Code, is amended to
23-19    read as follows:
23-20          Sec. 253.031.  CONTRIBUTION AND EXPENDITURE WITHOUT CAMPAIGN
23-21    TREASURER PROHIBITED.  (a)  A candidate may not knowingly accept a
23-22    campaign contribution or make or authorize a campaign expenditure
23-23    at a time when a campaign treasurer appointment for the candidate
23-24    is not in effect.
23-25          (b)  A political committee may not knowingly accept political
23-26    contributions totaling more than $500 or make or authorize
 24-1    political expenditures totaling more than $500 at a time when a
 24-2    campaign treasurer appointment for the committee is not in effect.
 24-3          (c)  [A political committee may not knowingly make or
 24-4    authorize a campaign contribution or campaign expenditure
 24-5    supporting or opposing a candidate for an office specified by
 24-6    Section 252.005(1) in a primary or general election unless the
 24-7    committee's campaign treasurer appointment has been filed not later
 24-8    than the 30th day before the appropriate election day.]
 24-9          [(d)]  This section does not apply to a political party's
24-10    county executive committee that accepts political contributions or
24-11    makes political expenditures, except that:
24-12                (1)  a county executive committee that accepts
24-13    political contributions or makes political expenditures shall
24-14    maintain the records required by Section 254.001; and
24-15                (2)  a county executive committee that accepts
24-16    political contributions or makes political expenditures that, in
24-17    the aggregate, exceed $5,000 in a calendar year shall file:
24-18                      (A)  a campaign treasurer appointment as required
24-19    by Section 252.001 not later than the 15th day after the date that
24-20    amount is exceeded; and
24-21                      (B)  the reports required by Subchapter F,
24-22    Chapter 254, including in the political committee's first report
24-23    all political contributions accepted and all political expenditures
24-24    made before the effective date of the campaign treasurer
24-25    appointment.
24-26          (d) [(e)]  This section does not apply to an out-of-state
 25-1    political committee unless the committee is subject to Chapter 252
 25-2    under Section 251.005.
 25-3          (e) [(f)]  A person who violates this section commits an
 25-4    offense.  An offense under this section is a Class A misdemeanor.
 25-5          SECTION 42.  Section 253.033, Election Code, is amended to
 25-6    read as follows:
 25-7          Sec. 253.033.  CASH CONTRIBUTIONS EXCEEDING $100 PROHIBITED;
 25-8    ANONYMOUS CONTRIBUTIONS.  (a)  A candidate, officeholder, or
 25-9    specific-purpose committee may not knowingly accept from a
25-10    contributor in a reporting period political contributions in cash
25-11    that in the aggregate exceed $100.
25-12          (b)  A candidate, officeholder, or political committee that
25-13    receives an anonymous cash contribution in excess of $50 shall
25-14    promptly disburse the amount over $50 to one or more of the
25-15    entities listed in Section 254.204(a)(1), (3), (5), or (6).
25-16    Anonymous cash contributions of $50 or less may be used by the
25-17    candidate, officeholder, or political committee for any lawful
25-18    purpose.
25-19          (c)  A person who violates this section commits an offense.
25-20    An offense under this section is a Class A misdemeanor.
25-21          SECTION 43.  Section 253.063, Election Code, is amended to
25-22    read as follows:
25-23          Sec. 253.063.  TRAVEL EXPENSE.  Unreimbursed travel expenses
25-24    incurred by an individual shall not be considered a contribution or
25-25    a [A] direct campaign expenditure and shall not be reportable under
25-26    this subchapter or Chapter 254 [consisting of personal travel
 26-1    expenses incurred by an individual may be made without complying
 26-2    with Section 253.062(a)(1)].
 26-3          SECTION 44.  Section 253.094, Election Code, is amended by
 26-4    adding Subsection (d) to read as follows:
 26-5          (d)  The provisions of this subchapter shall not prohibit any
 26-6    partnership or limited liability company from making a political
 26-7    contribution if the contribution is not charged to the profits
 26-8    interest or capital account of a partner or member that is a
 26-9    corporation described in Section 253.091.
26-10          SECTION 45.  Subsection (a), Section 254.031, Election Code,
26-11    is amended to read as follows:
26-12          (a)  Except as otherwise provided by this chapter, each
26-13    report filed under this chapter must include:
26-14                (1)  the amount of political contributions from each
26-15    person that in the aggregate exceed $100 [$50] and that are
26-16    accepted during the reporting period by the person or committee
26-17    required to file a report under this chapter, the full name and
26-18    address of the person making the contributions, and the dates of
26-19    the contributions, and:
26-20                      (A)  if the contribution is an in-kind
26-21    contribution, a description of the property or services
26-22    contributed; and
26-23                      (B)  with respect to contributions made by any
26-24    partnership, limited liability company, professional corporation or
26-25    professional association, the name of each partner, member, or
26-26    shareholder, as applicable, whose interest in the entity's profits
 27-1    has been charged by the contribution;
 27-2                (2)  for each individual from whom the person or
 27-3    committee required to file the report has accepted political
 27-4    contributions that in the aggregate exceed $500 and that are
 27-5    accepted during the reporting period:
 27-6                      (A)  the individual's principal occupation or job
 27-7    title; and
 27-8                      (B)  the full name of the individual's employer,
 27-9    if any;
27-10                (3)  the amount of loans that are made during the
27-11    reporting period for campaign or officeholder purposes to the
27-12    person or committee required to file the report and that in the
27-13    aggregate exceed $100 [$50], the dates the loans are made, the
27-14    interest rate, the maturity date, the type of collateral for the
27-15    loans, if any, the full name and address of the person or financial
27-16    institution making the loans, the full name and address, principal
27-17    occupation, and name of the employer of each guarantor of the
27-18    loans, the amount of the loans guaranteed by each guarantor, and
27-19    the aggregate principal amount of all outstanding loans as of the
27-20    last day of the reporting period;
27-21                (4) [(3)]  the amount of political expenditures that in
27-22    the aggregate exceed $100 [$50] and that are made during the
27-23    reporting period, the full name and address of the persons to whom
27-24    the expenditures are made, and the dates and purposes of the
27-25    expenditures;
27-26                (5) [(4)]  the amount of each payment made during the
 28-1    reporting period from a political contribution if the payment is
 28-2    not a political expenditure, the full name and address of the
 28-3    person to whom the payment is made, and the date and purpose of the
 28-4    payment;
 28-5                (6) [(5)]  the total amount or a specific listing of
 28-6    the political contributions of $100 [$50] or less accepted and the
 28-7    total amount or a specific listing of the political expenditures of
 28-8    $100 [$50] or less made during the reporting period;
 28-9                (7) [(6)]  the total amount of all political
28-10    contributions accepted and the total amount of all political
28-11    expenditures made during the reporting period; [and]
28-12                (8) [(7)]  the name of each candidate or officeholder
28-13    who benefits from a direct campaign expenditure made during the
28-14    reporting period by the person or committee required to file the
28-15    report, and the office sought or held, excluding a direct campaign
28-16    expenditure that is made by the principal political committee of a
28-17    political party on behalf of a slate of two or more nominees of
28-18    that party;
28-19                (9)  for each loan that exceeds $100 and is outstanding
28-20    as of the last day of the reporting period, other than a loan
28-21    reported under Subdivision (3):
28-22                      (A)  the full name and address of the person or
28-23    financial institution making the loan;
28-24                      (B)  the date the loan was made;
28-25                      (C)  the original principal amount of the loan;
28-26    and
 29-1                      (D)  the outstanding principal balance of the
 29-2    loan; and
 29-3                (10)  the total amount of cash on hand as of the last
 29-4    day of the reporting period.
 29-5          SECTION 46.  Subchapter B, Chapter 254, Election Code, is
 29-6    amended by adding Section 254.0312 to read as follows:
 29-7          Sec. 254.0312.  BEST EFFORTS.  (a)  A person required to file
 29-8    a report under this subchapter is considered to have used best
 29-9    efforts to obtain, maintain, and report the information required by
29-10    Section 254.031(a)(2) if the person or the person's campaign
29-11    treasurer complies with this section.
29-12          (b)  Each written solicitation for political contributions
29-13    from an individual must include:
29-14                (1)  a request for the individual's full name and
29-15    address, the individual's principal occupation or job title, and
29-16    the full name of the individual's employer; and
29-17                (2)  a statement of state law regarding the collection
29-18    and reporting of individual contributor information, such as:
29-19                      (A)  "State law requires (a candidate,
29-20    officeholder, or committee, as applicable) to use best efforts to
29-21    request and report the full name and address, principal occupation
29-22    or job title, and full name of employer of individuals whose
29-23    contributions exceed $500 in a reporting period."; or
29-24                      (B)  "To comply with state law, (a candidate,
29-25    officeholder, or committee, as applicable) must use best efforts to
29-26    request, maintain, and report the full name and address, principal
 30-1    occupation or job title, and full name of employer of individuals
 30-2    whose contributions exceed $500 in a reporting period."
 30-3          (c)  For each political contribution received from an
 30-4    individual which, when aggregated with all other political
 30-5    contributions received from the individual during the reporting
 30-6    period, exceeds $500 and for which the information required by
 30-7    Section 254.031(a)(2) is not provided, the person must make at
 30-8    least one oral or written request for the missing information.  A
 30-9    request under this subsection:
30-10                (1)  must be made not later than the 30th day after the
30-11    date the contribution is received; and
30-12                (2)  may not be made in conjunction with a solicitation
30-13    for an additional political contribution.
30-14          (d)  A request under Subsection (c) that is made in writing
30-15    must include a clear and conspicuous statement that complies with
30-16    Subsection (b)(2) and a preaddressed envelope or postcard for
30-17    responding to the request.  A request that is made orally must be
30-18    documented in writing.
30-19          (e)  A person must report any information required by Section
30-20    254.031(a)(2) that is not provided by the individual making the
30-21    contribution and that the person has in the person's records of
30-22    political contributions or previous reports under this chapter.
30-23          SECTION 47.  Subsection (a), Section 254.038, Election Code,
30-24    is amended to read as follows:
30-25          (a)  In addition to other reports required by this chapter,
30-26    the following persons shall file additional reports during the
 31-1    period beginning the ninth day before election day and ending at 12
 31-2    noon on the second day before election day:
 31-3                (1)  a candidate for statewide office who has an
 31-4    opponent whose name is to appear on the ballot and who accepts
 31-5    political contributions from a person that in the aggregate exceed
 31-6    $1,000 during that reporting period;
 31-7                (2)  a candidate for state senator who has an opponent
 31-8    whose name is to appear on the ballot and who accepts political
 31-9    contributions from a person that in the aggregate exceed $1,000
31-10    during that reporting period;
31-11                (3) [(2)]  a candidate for state representative who has
31-12    an opponent whose name is to appear on the ballot and who accepts
31-13    political contributions from a person that in the aggregate exceed
31-14    $200 during that reporting period;
31-15                (4)  a specific-purpose committee for supporting or
31-16    opposing a candidate for statewide office and that accepts
31-17    political contributions from a person that in the aggregate exceed
31-18    $1,000 during that reporting period;
31-19                (5) [(3)]  a specific-purpose committee for supporting
31-20    or opposing a candidate for state senator and that accepts
31-21    political contributions from a person that in the aggregate exceed
31-22    $1,000 during that reporting period; and
31-23                (6) [(4)]  a specific-purpose committee for supporting
31-24    or opposing a candidate for state representative and that accepts
31-25    political contributions from a person that in the aggregate exceed
31-26    $200 during that reporting period.
 32-1          SECTION 48.  Subchapter B, Chapter 254, Election Code, is
 32-2    amended by adding Section 254.0381 to read as follows:
 32-3          Sec. 254.0381.  TELEGRAM REPORT OF CERTAIN DIRECT CAMPAIGN
 32-4    EXPENDITURES.  (a)  In addition to other reports required by this
 32-5    chapter, a person that makes direct campaign expenditures that in
 32-6    the aggregate exceed $5,000 during the period beginning the ninth
 32-7    day before election day and ending at 12 noon on the second day
 32-8    before election day shall file a report not later than 48 hours
 32-9    after the expenditure is made.
32-10          (b)  Each report required by this section must include the
32-11    amount of the expenditures, the full name and address and principal
32-12    occupation of the persons to whom the expenditures are made, and
32-13    the dates of the expenditures.
32-14          (c)  A report under this section shall be filed by telegram
32-15    or telephonic facsimile machine or by hand.
32-16          (d)  This section does not apply to a direct campaign
32-17    expenditure made by the principal political committee of a
32-18    political party.
32-19          (e)  Section 254.036 does not apply to a report required by
32-20    this section.
32-21          SECTION 49.  Subsection (c), Section 254.041, Election Code,
32-22    is amended to read as follows:
32-23          (c)  A violation of Subsection (a)(1) [(a)(2) by a candidate
32-24    or officeholder] is a Class A misdemeanor if it is shown on the
32-25    trial of the offense that the person intentionally failed to file
32-26    the report on time with knowledge of the legal obligation to file
 33-1    the report [fails to include information required by Section
 33-2    254.061(3) or Section 254.091(2), as applicable].
 33-3          SECTION 50.  Section 254.151, Election Code, is amended to
 33-4    read as follows:
 33-5          Sec. 254.151.  ADDITIONAL CONTENTS OF REPORTS.  In addition
 33-6    to the contents required by Section 254.031, each report by a
 33-7    campaign treasurer of a general-purpose committee must include:
 33-8                (1)  the committee's full name and address;
 33-9                (2)  the full name, residence or business street
33-10    address, and telephone number of the committee's campaign
33-11    treasurer;
33-12                (3)  the identity and date of the election for which
33-13    the report is filed, if applicable;
33-14                (4)  the name of each identified candidate or measure
33-15    or classification by party of candidates supported or opposed by
33-16    the committee, indicating whether the committee supports or opposes
33-17    each listed candidate, measure, or classification by party of
33-18    candidates;
33-19                (5)  the name of each identified officeholder or
33-20    classification by party of officeholders assisted by the committee;
33-21                (6)  the principal occupation of each person from whom
33-22    political contributions that in the aggregate exceed $100 [$50] are
33-23    accepted during the reporting period;
33-24                (7)  the amount of each political expenditure in the
33-25    form of a political contribution made to a candidate, officeholder,
33-26    or another political committee that is returned to the committee
 34-1    during the reporting period, the name of the person to whom the
 34-2    expenditure was originally made, and the date it is returned; [and]
 34-3                (8)  on a separate page or pages of the report, the
 34-4    identification of any contribution from a corporation or labor
 34-5    organization made and accepted under Subchapter D, Chapter 253; and
 34-6                (9)  on a separate page or pages of the report, the
 34-7    identification of any:
 34-8                      (A)  expenditure made by the committee, or by
 34-9    another person on the committee's behalf with the knowledge and
34-10    consent of the committee, for administrative, overhead, or
34-11    fund-raising expenses unless the expenditure is otherwise disclosed
34-12    elsewhere in the report; or
34-13                      (B)  any contribution made to the committee that
34-14    is intended by the donor to be used by the committee for
34-15    administrative, overhead, or fund-raising expenses, unless the
34-16    contribution is otherwise disclosed elsewhere in the report.
34-17          SECTION 51.  Section 257.002, Election Code, is amended by
34-18    amending Subsection (b) and adding Subsection (c) to read as
34-19    follows:
34-20          (b)  Subject to Subsection (c), a [A] political party that
34-21    accepts contributions authorized by Section 253.104 shall maintain
34-22    the contributions in a separate account.
34-23          (c)  Nothing in this title shall prohibit a political party
34-24    from transferring funds held in the account required to be
34-25    maintained under Subsection (b) to another account maintained by
34-26    the political party under the requirements of federal law for the
 35-1    purpose of disbursing the political party's funds generally if the
 35-2    political party can reasonably demonstrate that the funds are being
 35-3    disbursed from the other account in compliance with applicable
 35-4    federal law and for permitted uses and purposes.
 35-5          SECTION 52.  The following laws are repealed:
 35-6                (1)  Section 124.061, Election Code;
 35-7                (2)  Subsections (d) and (e), Section 127.130, Election
 35-8    Code;
 35-9                (3)  Subchapter G, Chapter 127, Election Code; and
35-10                (4)  Section 253.037, Election Code.
35-11          SECTION 53.  (a)  A political subdivision that on the
35-12    effective date of this Act uses a voting system that is prohibited
35-13    by Subsection (d), Section 122.001, Election Code, as added by this
35-14    Act, may seek a loan from the secretary of state for the
35-15    acquisition of a new voting system.  The secretary of state may
35-16    provide the loan from any source available to a political
35-17    subdivision seeking assistance under this section if the secretary
35-18    determines that the political subdivision will be unable to abandon
35-19    the use of a punch-card or mechanical lever system without
35-20    receiving the loan.  The secretary of state shall adopt rules
35-21    establishing and regulating the amount, terms, and conditions of
35-22    loans made under this subsection.
35-23          (b)  The secretary of state and any political subdivision
35-24    that uses a voting system that is prohibited by Subsection (d),
35-25    Section 122.001, Election Code, as added by this Act, may apply
35-26    for, obtain, and allocate any federal funds, including grants or
 36-1    matching funds, that may be made available for the acquisition of a
 36-2    new voting system.
 36-3          SECTION 54.  Notwithstanding the changes in law made by this
 36-4    Act, an election, and the results of the election, may not be held
 36-5    invalid because of the use of punch-card ballots or mechanical
 36-6    voting machines designed to function by the manual operation of a
 36-7    lever or similar device if the election is held by a political
 36-8    subdivision before September 1, 2005, and the laws pertaining to
 36-9    voting systems as those laws existed immediately before their
36-10    amendment or repeal by this Act are applicable to such election and
36-11    continue in effect for that purpose.
36-12          SECTION 55.  This Act takes effect September 1, 2001.