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.