H.B. No. 1549
AN ACT
relating to changes required in election laws to implement the
federal Help America Vote Act of 2002.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined mentally incompetent by a final judgment of a court;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the
Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) [(9)] the city and county in which the applicant
formerly resided.
SECTION 2. Section 13.121(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for
registration by mail must be in the form of a business reply
postcard, unless another form or system is used under Subsection
(b), with postage paid by the state. [The form may not be larger
than the form in use immediately prior to January 1, 1986.] The
secretary of state shall design the form to enhance the legibility
of its contents.
SECTION 3. Section 13.122, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's [driver's license number, personal identification card
number,] telephone number[, social security number,] and sex is
optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes; and
(12) any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
(d) The secretary of state shall prescribe procedures to
inform an applicant who applies for registration by mail of the
requirement that before voting for the first time in an election for
federal office an applicant must provide a copy of a document
described by Section 63.0101 that establishes the applicant's
identity. The procedures must include providing an instructional
sheet to be distributed with the official registration application
form describing the requirement and a method by which an applicant
may submit the document along with the official registration
application form. This subsection expires on the earlier of:
(1) January 1, 2006; or
(2) the date the secretary of state certifies that the
statewide computerized voter registration list has been
implemented.
SECTION 4. Section 18.005(a), Election Code, is amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, residence address, date
of birth, and registration number as provided by the statewide
computerized voter registration list;
(2) be arranged alphabetically by voter name; [and]
(3) contain the notation required by Section 15.111;
and
(4) until Section 13.122(d) expires, identify each
voter registered by mail for the first time who failed to provide a
copy of a document described by Section 63.0101 establishing the
voter's identity at the time of registration.
SECTION 5. Effective January 1, 2006, the heading to
Subchapter C, Chapter 18, Election Code, is amended to read as
follows:
SUBCHAPTER C. STATEWIDE VOTER REGISTRATION LIST [REGISTRATION
SERVICE PROGRAM]
SECTION 6. Effective January 1, 2006, Section 18.061,
Election Code, is amended to read as follows:
Sec. 18.061. STATEWIDE COMPUTERIZED VOTER REGISTRATION
LIST [REGISTRATION SERVICE PROGRAM AUTHORIZED]. (a) The secretary
of state shall [may] implement and maintain a statewide
computerized voter registration list that serves as the single
system for storing and managing the official list of registered
voters in the state [registration service program to assist
registrars in maintaining accurate lists of registered voters].
(b) The statewide computerized voter registration list [A
service program] must [include]:
(1) contain the name and registration information of
each voter registered in the state [obtaining registration
information from registrars and other available sources for a
master file on registered voters];
(2) assign a unique identifier to each registered
voter [periodically obtaining information from registrars and
other available sources for the following purposes:
[(A) to aid in determining the proper status of
voters on the lists of registered voters; and
[(B) to aid in ascertaining the proper
registration information for each registered voter]; and
(3) be available to any election official in the state
through immediate electronic access [furnishing information that
may be useful to the registrars in the performance of their official
duties].
(c) Under procedures prescribed by the secretary of state,
each voter registrar shall provide to the secretary of state on an
expedited basis the information necessary to maintain the
registration list established under Subsection (a). The procedures
shall provide for the electronic submission of the information.
(d) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation of the statewide computerized voter registration
list [service program]. The secretary shall use funds collected
under the contracts to defray expenses incurred in implementing the
statewide computerized voter registration list [service program].
SECTION 7. Effective January 1, 2006, Section 18.064,
Election Code, is amended to read as follows:
Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
fails to substantially comply with Section 15.083 [14.025], 16.032,
18.042, or 18.061 [18.063] or with rules adopted by the secretary of
state implementing the statewide computerized voter registration
list [registration service program], the registrar is not entitled
to receive state funds for financing voter registration in the
county.
SECTION 8. Effective January 1, 2006, Section 18.065(a),
Election Code, is amended to read as follows:
(a) The secretary of state shall monitor each registrar for
substantial compliance with Sections 15.083 [14.025], 16.032,
18.042, and 18.061 [18.063] and with rules implementing the
statewide computerized voter registration list [registration
service program].
SECTION 9. Effective January 1, 2006, the heading to
Section 18.066, Election Code, is amended to read as follows:
Sec. 18.066. AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST [MASTER FILE] INFORMATION.
SECTION 10. Effective January 1, 2006, Section 18.066(a),
Election Code, is amended to read as follows:
(a) The secretary of state shall furnish information in the
statewide computerized voter registration list [state master file]
to any person on request not later than the 15th day after the date
the request is received.
SECTION 11. Effective January 1, 2006, the heading to
Section 18.067, Election Code, is amended to read as follows:
Sec. 18.067. UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER
REGISTRATION LIST [MASTER FILE] INFORMATION.
SECTION 12. Section 19.004, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsection (d), state [State]
funds disbursed under this chapter may be used only to defray
expenses of the registrar's office in connection with voter
registration, including additional expenses related to:
(1) implementation of the National Voter Registration
Act of 1993 (42 U.S.C. Section 1973gg et seq.); and
(2) complying with the weekly updating requirements
prescribed by Section 18.063.
(d) If the secretary of state determines that federal
matching funds are available under the federal Help America Vote
Act of 2002, the secretary of state shall certify to the comptroller
the amount of state funds required to qualify for the maximum amount
of federal matching funds. On receipt of the certification, the
comptroller shall deposit from funds otherwise available under this
chapter an amount equal to the certified amount in the election
improvement fund established under Section 31.011.
SECTION 13. Effective September 1, 2003, Chapter 31,
Election Code, is amended by adding Sections 31.010 and 31.011 to
read as follows:
Sec. 31.010. IMPLEMENTATION OF FEDERAL HELP AMERICA VOTE
ACT. (a) The secretary of state may adopt rules as necessary to
implement the federal Help America Vote Act of 2002.
(b) The secretary of state shall adopt rules establishing
state-based administrative complaint procedures to remedy
grievances that meet the requirements of Section 402(a) of the
federal Help America Vote Act of 2002.
Sec. 31.011. ELECTION IMPROVEMENT FUND. (a) The election
improvement fund is created as a dedicated account in the general
revenue fund and consists of federal funds designated for election
improvement, matching funds from the state or a political
subdivision, and depository interest earned on the assets of the
fund.
(b) Money in the fund may be appropriated only to provide
funding for the following purposes:
(1) to improve election administration at the state
and local level;
(2) to make grants to local governments for the
improvement or replacement of voting systems;
(3) to create a single uniform official centralized
interactive voter registration database; and
(4) to comply with other election requirements of the
federal government.
(c) The fund is exempt from the application of Section
403.095, Government Code.
SECTION 14. Section 41.001(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in February;
(2) the third [first] Saturday in May;
(3) the second Saturday in September; or
(4) the first Tuesday after the first Monday in
November.
SECTION 15. Section 41.0052(a), Election Code, is amended
to read as follows:
(a) The governing body of a political subdivision other than
a county may, not later than December 31, 2004 [1999], change the
date on which it holds its general election for officers to another
authorized uniform election date. [An election on the new date may
not be held before 2000.]
SECTION 16. Section 41.007(b), Election Code, is amended to
read as follows:
(b) The runoff primary election date is the third [second]
Tuesday in April following the general primary election.
SECTION 17. Section 52.008(a), Election Code, is amended to
read as follows:
(a) The authority responsible for procuring the election
supplies shall [may] have a supply of sample ballots printed.
SECTION 18. Section 52.074, Election Code, is amended to
read as follows:
Sec. 52.074. PROVISIONAL BALLOT [STUB] FOR CERTAIN VOTERS.
[(a)] The authority responsible for having the official ballot
prepared shall have a provisional [detached] ballot [stub] prepared
in a form approved by the secretary of state [as provided by this
section] for use by a voter who executes an affidavit in accordance
with Section 63.011 [63.010].
[(b) The ballot stub shall be in a form approved by the
secretary of state and must include:
[(1) a space for entering the number matching the
corresponding ballot number;
[(2) spaces for entering the designation of the nature
of the election and the date of the election;
[(3) the instruction: "Sign ballot stub, enclose in
envelope, and give to election officer."; and
[(4) a space for the voter's signature.]
SECTION 19. Section 61.005, Election Code, is amended to
read as follows:
Sec. 61.005. SECURITY OF BALLOTS, BALLOT BOXES, [STUBS,]
AND ENVELOPES. (a) From the time a presiding judge receives the
official ballots for an election until the precinct returns for
that election have been certified, the presiding judge shall take
the precautions necessary to prevent access to the ballots, ballot
boxes, [ballot stubs,] and [stub] envelopes used for provisional
ballots in a manner not authorized by law.
(b) The ballots, ballot boxes, [ballot stubs,] and [stub]
envelopes used for provisional ballots at a polling place shall be
in plain view of at least one election officer from the time the
polls open for voting until the precinct returns have been
certified.
(c) A presiding election judge commits an offense if the
judge fails to prevent another person from handling a ballot box
containing voters' marked ballots or an envelope containing a
voter's provisional ballot [voters' signed ballot stubs] in an
unauthorized manner or from making an unauthorized entry into the
ballot box or envelope. An offense under this subsection is a Class
A misdemeanor.
SECTION 20. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.012 to read as follows:
Sec. 61.012. ACCESS BY PERSONS WITH DISABILITIES. (a) Not
later than January 1, 2006, each polling place must provide at least
one voting station that:
(1) complies with Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its
subsequent amendments and Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(2) provides a practical and effective means for
voters with physical disabilities to cast a secret ballot.
(b) Subsection (a) applies only to a polling place that uses
an electronic voting system unless the secretary of state certifies
that federal law requires the application of Subsection (a) to all
forms of voting at a polling place.
SECTION 21. Section 62.006, Election Code, is amended to
read as follows:
Sec. 62.006. PLACING BOX [AND ENVELOPE] FOR DEPOSIT OF
MARKED BALLOTS [AND STUBS]. The ballot box to be used by the voters
to deposit marked ballots shall be locked. The ballot box and the
box used for the deposit of provisional ballots [envelope no. 5]
shall be placed where they will be in plain view of the election
officers, watchers, and persons waiting to vote.
SECTION 22. Section 62.009(c), Election Code, is amended to
read as follows:
(c) The provisional ballots [with stubs] shall be placed
separately from the regular ballots.
SECTION 23. Section 62.011, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) The secretary of state shall prescribe the form and
content of the instruction poster. If it is not practical to fit
all of the information required by this section on a single poster,
the secretary of state may provide for the use of two or more
posters to convey the information.
(c) The poster must include instructions applicable to the
election on:
(1) marking and depositing the ballot;
(2) voting for a write-in candidate;
(3) casting a straight-party vote;
(4) casting a provisional ballot;
(5) until the expiration of Section 13.122(d), voting
for the first time by a person who registered by mail; and
(6) [(4)] securing an additional ballot if the voter's
original ballot is spoiled.
(d) The poster must also include the following information:
(1) the date of the election and the hours during which
the polling place is open;
(2) general information on voting rights under state
and federal laws, including information on the right of an
individual to cast a provisional ballot and the individuals to
contact if a person believes these rights have been violated; and
(3) general information on state and federal laws that
prohibit acts of fraud or misrepresentation.
SECTION 24. Section 62.012, Election Code, is amended to
read as follows:
Sec. 62.012. POSTING SAMPLE BALLOT. An [If sample ballots
are provided for a polling place, an] election officer shall post a
sample ballot in one or more locations in the polling place where it
can be read by persons waiting to vote.
SECTION 25. Section 63.008, Election Code, is amended to
read as follows:
Sec. 63.008. VOTER WITHOUT CERTIFICATE WHO IS ON LIST. (a)
A voter who does not present a voter registration certificate when
offering to vote, but whose name is on the list of registered voters
for the precinct in which the voter is offering to vote, shall be
accepted for voting if the voter executes an affidavit stating that
the voter does not have the voter's voter registration certificate
in the voter's possession at the polling place at the time of
offering to vote and[:
[(1)] the voter presents proof of identification in a
form described by Section 63.0101[; or
[(2) the affidavit is also signed by a person who is
working at the polling place and who attests to the identity of the
voter].
(b) If the requirements prescribed by Subsection (a) are not
met, the voter may [not] be accepted for provisional voting only
under Section 63.011[, and an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter was rejected under this section].
SECTION 26. Section 63.009, Election Code, is amended to
read as follows:
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
(a) Except as provided by Subsection (b), a voter who does not
present a voter registration certificate when offering to vote, and
whose name is not on the list of registered voters for the precinct
in which the voter is offering to vote, shall be accepted for
provisional voting if the voter [presents proof of identification
and] executes an affidavit in accordance with Section 63.011
[63.010].
(b) If an election officer can determine from the voter
registrar that the person is a registered voter of the county and
the person presents proof of identification, the affidavits
required by Sections 63.007 and 63.008 are substituted for the
affidavit required by Section 63.011 [63.010] in complying with
that section. After the voter is accepted under this subsection, an
election officer shall also indicate beside the voter's name on the
poll list that the voter was accepted under this section.
SECTION 27. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
The following documentation is acceptable as proof of
identification under this chapter:
(1) a driver's license or personal identification card
issued to the person by the Department of Public Safety or a similar
document issued to the person by an agency of another state,
regardless of whether the license or card has expired;
(2) a form of identification containing the person's
photograph that establishes the person's identity;
(3) a birth certificate or other document confirming
birth that is admissible in a court of law and establishes the
person's identity;
(4) United States citizenship papers issued to the
person;
(5) a United States passport issued to the person;
(6) [pre-printed checks containing the person's name
that are issued for a financial institution doing business in this
state;
[(7)] official mail addressed to the person by name
from a governmental entity;
(7) a copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter [(8) two other forms of
identification that establish the person's identity]; or
(8) [(9)] any other form of identification prescribed
by the secretary of state.
SECTION 28. Chapter 63, Election Code, is amended by adding
Section 63.011 to read as follows:
Sec. 63.011. PROVISIONAL VOTING. (a) A person to whom
Section 63.008(b) or 63.009(a) applies may cast a provisional
ballot if the person executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) A form for the affidavit shall be printed on an envelope
in which the provisional ballot voted by the person may be placed
and must include a space for entering the identification number of
the provisional ballot voted by the person. The affidavit form may
include space for disclosure of any necessary information to enable
the person to register to vote under Chapter 13. The secretary of
state shall prescribe the form of the affidavit under this section.
(c) After executing the affidavit, the person shall be given
a provisional ballot for the election. An election officer shall
record the number of the ballot on the space provided on the
affidavit.
(d) An election officer shall enter "provisional vote" on
the poll list beside the name of each voter who is accepted for
voting under this section.
(e) A person who is permitted under a state or federal court
order to cast a ballot in an election for a federal office after the
time allowed by Subchapter B, Chapter 41, must cast the ballot as a
provisional vote in the manner required by this section.
SECTION 29. Section 63.012(a), Election Code, is amended to
read as follows:
(a) An election officer commits an offense if the officer
knowingly:
(1) permits an ineligible voter to vote other than as
provided by Section 63.011 [without having been challenged]; or
(2) refuses to accept a person for voting whose
acceptance is required by this code.
SECTION 30. Section 64.001, Election Code, is amended to
read as follows:
Sec. 64.001. VOTER TO SELECT AND PREPARE BALLOT[; DEPOSIT
OF STUB]. (a) After a voter is accepted for voting, the voter shall
select a ballot, go to a voting station, and prepare the ballot[,
except as provided by Subsection (b)].
(b) A voter who executes an affidavit in accordance with
Section 63.011 [63.010] shall select a provisional ballot [with a
stub and, before going to a voting station:
[(1) unclip the stub and envelope from the ballot;
[(2) sign the stub and enclose it in the envelope; and
[(3) seal the envelope and give it to an election
officer.
[(c) The election officer shall deposit the ballot stub
enclosed in its envelope in envelope no. 5].
SECTION 31. Section 64.008, Election Code, is amended to
read as follows:
Sec. 64.008. DEPOSITING BALLOT. (a) Except as provided by
Subsection (b), after [After] a voter has marked the ballot, the
voter shall fold the ballot to conceal the way it is marked but to
expose the presiding judge's signature, and shall deposit it in the
ballot box used for the deposit of marked ballots.
(b) After a voter has marked a provisional ballot, the
voter shall enclose the ballot in the envelope on which the voter's
executed affidavit is printed. The person shall seal the envelope
and deposit it in a box available for the deposit of provisional
ballots.
(c) At the time a person casts a provisional ballot under
Subsection (b), an election officer shall give the person written
information describing how the person may use the free access
system established under Section 65.059 to obtain information on
the disposition of the person's vote.
SECTION 32. Sections 65.001-65.015, Election Code, are
designated as Subchapter A, Chapter 65, Election Code, and a
heading is added to that subchapter to read as follows:
SUBCHAPTER A. COUNTING VOTES GENERALLY
SECTION 33. Section 65.009, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The intent of the voter in marking a ballot may be
determined by:
(1) a distinguishing mark adjacent to the name of a
candidate or political party or a voting choice associated with a
proposition;
(2) an oval, box, or similar marking clearly drawn
around the name of a candidate or political party or a voting choice
associated with a proposition;
(3) a line drawn through:
(A) the names of all candidates in a manner that
indicates a preference for the candidates not marked if the names of
the candidates not marked do not exceed the number of persons that
may be elected to that office;
(B) the name of each political party except one
in a manner that clearly indicates a preference for the political
party not marked; or
(C) a voting choice associated with a proposition
in a manner that clearly indicates a preference for the other voting
choice associated with the proposition; or
(4) any other evidence that clearly indicates the
intent of the voter in choosing a candidate or political party or
deciding on a proposition.
SECTION 34. Section 65.010(a), Election Code, is amended to
read as follows:
(a) The following ballots may not be counted:
(1) a ballot that is not provided to the voter at the
polling place;
(2) two or more ballots that are folded together in a
manner indicating that they were folded together when deposited in
the ballot box;
(3) a write-in envelope containing a write-in vote
without an attached ballot;
(4) a ballot that has not been deposited in the ballot
box used for the deposit of marked ballots; or
(5) a provisional ballot that is not accepted under
Subchapter B [with an unsigned stub].
SECTION 35. Chapter 65, Election Code, is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS
Sec. 65.051. DUTY OF EARLY VOTING BALLOT BOARD. (a) The
early voting ballot board shall verify and count provisional
ballots as provided by this subchapter not later than the seventh
day after the date of an election.
(b) Except as provided by this subchapter, the conduct of
the board is governed by the same procedures as are provided by
Chapter 87.
Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of
state shall prescribe procedures by which the voter registrar of
the county in which a provisional ballot is cast shall provide
assistance to the early voting ballot board in executing its
authority under this subchapter.
Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. The
presiding judge of an election precinct shall deliver in person to
the general custodian of election records the box containing each
envelope containing a provisional ballot that was cast in the
precinct. The secretary of state shall prescribe procedures by
which the early voting ballot board may have access to the
provisional ballots as necessary to implement this subchapter.
Sec. 65.054. ACCEPTING PROVISIONAL BALLOT. (a) The early
voting ballot board shall examine each affidavit executed under
Section 63.011 and determine whether to accept the provisional
ballot of the voter who executed the affidavit.
(b) A provisional ballot may be accepted only if the board
determines that, from the information in the affidavit or contained
in public records, the person is eligible to vote in the election.
(c) If a provisional ballot is accepted, the board shall
enter the voter's name on a list of voters whose provisional ballots
are accepted.
(d) If a provisional ballot is rejected, the board shall
indicate the rejection by marking "rejected" on the envelope
containing the provisional ballot.
Sec. 65.055. DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND
AFFIDAVIT. (a) The early voting ballot board shall open each
envelope containing an accepted provisional ballot without
defacing the affidavit located on the outside of the envelope and
shall remove the ballot.
(b) The board shall place the ballot in a ballot box
containing all the provisional ballots accepted for voting in the
election.
(c) For each accepted provisional ballot, the board shall
place the corresponding envelope on which is printed the voter's
affidavit executed under Section 63.011 in a sealed envelope and
shall deliver the envelope to the general custodian of election
records, to be retained for the period for preserving precinct
election returns.
Sec. 65.056. DISPOSITION OF REJECTED PROVISIONAL BALLOT.
(a) If the affidavit on the envelope of a rejected provisional
ballot contains the information necessary to enable the person to
register to vote under Chapter 13, the voter registrar shall make a
copy of the affidavit under procedures prescribed by the secretary
of state. The voter registrar shall treat the copy as an
application for registration under Chapter 13.
(b) The early voting ballot board shall place the envelopes
containing rejected provisional ballots in an envelope and shall
seal the envelope. More than one envelope may be used if necessary.
(c) The envelope for the rejected provisional ballots must
indicate the date and identity of the election, be labeled
"rejected provisional ballots," and be signed by the board's
presiding judge.
(d) A board member shall deliver the envelope containing the
rejected provisional ballots to the general custodian of election
records to be preserved for the period for preserving the precinct
election records. The envelope may not be placed in the box
containing the accepted provisional ballots.
Sec. 65.057. PROCESSING ACCEPTED PROVISIONAL BALLOTS. (a)
The early voting ballot board shall count accepted provisional
ballots as follows:
(1) for ballots to be counted manually, in the manner
provided by Subchapter D, Chapter 87;
(2) for ballots to be counted by automatic tabulating
equipment at a central counting station, in the manner provided by
Subchapter F, Chapter 87; and
(3) for ballots to be counted by any other means, in
the manner provided by rules adopted by the secretary of state.
(b) On counting the ballots under this section, the board
shall report the results to the local canvassing authority for the
election.
Sec. 65.058. PRESERVATION OF PROVISIONAL VOTING RECORDS
GENERALLY. The returns of provisional ballots that are accepted,
the accepted ballots, and other provisional voting records shall be
preserved after the election in the same manner as the
corresponding precinct election returns.
Sec. 65.059. NOTICE TO PROVISIONAL VOTER. The secretary of
state shall prescribe procedures to implement a system to allow a
person who casts a provisional ballot under Section 63.011 to
obtain access free of charge to information on the disposition of
the person's ballot. The system:
(1) must allow the person to determine whether the
person's ballot was counted, and, if the person's ballot was not
accepted, must indicate the reason why;
(2) must provide the information only to the person
who cast the provisional ballot; and
(3) may involve the use of a toll-free telephone
number or the Internet.
SECTION 36. Section 66.003, Election Code, is amended to
read as follows:
Sec. 66.003. ENVELOPES FOR DISTRIBUTION OF RECORDS. (a)
Four [Five] envelopes shall be furnished to each polling place for
use in assembling and distributing the precinct election records.
(b) The envelopes shall be labeled and addressed as follows:
(1) "Envelope No. 1," addressed to the presiding
officer of the local canvassing authority;
(2) "Envelope No. 2," addressed to the general
custodian of election records;
(3) "Envelope No. 3," addressed to the presiding
judge; and
(4) "Envelope No. 4," addressed to the voter
registrar[; and
[(5) "Envelope No. 5," addressed to the general
custodian of election records].
SECTION 37. Section 66.021(b), Election Code, is amended to
read as follows:
(b) The judge shall seal envelopes no. 1, no. 2, and no. 4[,
and no. 5] and lock ballot boxes no. 3 and no. 4 as soon as they are
ready for distribution.
SECTION 38. Section 66.0241, Election Code, is amended to
read as follows:
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) the registration omissions list;
(4) any statements of residence executed under Section
63.0011; and
(5) any affidavits executed under Section 63.007 or
63.011 [63.010].
SECTION 39. Section 66.051(b), Election Code, is amended to
read as follows:
(b) The presiding judge shall deliver envelope no. 2,
[envelope no. 5,] ballot box no. 3, and ballot box no. 4 and its key
in person to the general custodian of election records.
SECTION 40. Sections 66.058(b), (c), and (d), Election
Code, are amended to read as follows:
(b) The voted ballots [and ballot stubs] shall be preserved
securely in a locked room in the locked ballot box [or sealed
envelope, as applicable,] in which they are delivered to the
general custodian of election records. Except as permitted by this
code, a ballot box containing voted ballots [or an envelope
containing ballot stubs] may not be opened during the preservation
period.
(c) If during the preservation period an authorized entry is
made into a ballot box containing voted ballots [or an envelope
containing ballot stubs], when the purpose for the entry is
fulfilled, the box [or envelope] shall be relocked [or resealed, as
applicable], and the box and key [or envelope] returned to the
custodian.
(d) A custodian of a ballot box containing voted ballots [or
an envelope containing ballot stubs] commits an offense if, during
the preservation period prescribed by Subsection (a), the
custodian:
(1) makes an unauthorized entry into the box [or
envelope]; or
(2) fails to prevent another person from handling the
box [or envelope] in an unauthorized manner or from making an
unauthorized entry into the box [or envelope].
SECTION 41. Section 66.059, Election Code, is amended to
read as follows:
Sec. 66.059. RETRIEVING ERRONEOUSLY PLACED ELECTION
RECORDS. (a) On written application by the presiding officer of
the local canvassing authority or the presiding judge of the
election precinct, a district judge of the county in which a ballot
box containing voted ballots [or an envelope containing ballot
stubs] is in custody may order the box [or envelope] opened to
retrieve an election record that was erroneously placed in the box
[or envelope].
(b) The district judge shall post a notice of the date,
hour, and place for opening the box [or envelope] on the bulletin
board used for posting notices of the meetings of the governing body
of the political subdivision served by the general custodian of
election records. The notice must remain posted continuously for
the 24 hours immediately preceding the hour set for opening the box
[or envelope].
(c) Any interested person may observe the opening of the box
[or envelope].
(d) The district judge shall issue the orders necessary to
safeguard the contents of a ballot box [or envelope] opened under
this section.
SECTION 42. Section 67.003, Election Code, is amended to
read as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
authority shall convene to conduct the local canvass at the time set
by the canvassing authority's presiding officer:
(1) on the eighth [seventh] day after election day for
the general election for state and county officers; or
(2) not earlier than the eighth [third] day or later
than the 11th [sixth] day after election day for an election other
than the general election for state and county officers.
SECTION 43. Section 86.002, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) For an election for a federal office, if the list of
registered voters indicates that the voter did not provide a copy of
a document described by Section 63.0101 establishing the voter's
identity at the time of initial registration by mail, the clerk
shall provide with the balloting materials notice to the voter that
the voter must provide a copy of a document described by Section
63.0101 establishing the voter's identity when returning the
ballot. The secretary of state shall prescribe the form of the
notice. This subsection expires on the earlier of:
(1) January 1, 2006; or
(2) the date the secretary of state certifies that the
statewide computerized voter registration list has been
implemented.
SECTION 44. Section 86.005, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the voter is required to provide a copy of a document
described by Section 63.0101 establishing the voter's identity, the
voter shall include the copy in the official carrier envelope. This
subsection expires on the expiration of Section 86.002(f).
SECTION 45. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. ACCEPTANCE OF NEW VOTER IN ELECTION FOR
FEDERAL OFFICE. (a) A ballot for which notice was provided under
Section 86.002(f) may be accepted only if:
(1) the voter provided the required documentation of
the voter's identity; or
(2) the early voting ballot board determines that the
person is eligible to vote.
(b) This section expires on the expiration of Section
86.002(f).
SECTION 46. Section 101.005(c), Election Code, is amended
to read as follows:
(c) An application shall be treated as if it requests a
ballot for:
(1) a runoff election that results from an election
for which a ballot is requested; and
(2) each election for a federal office, including a
primary or runoff election, that occurs on or before the date of the
second general election for state and county officers that occurs
after the date the application is submitted.
SECTION 47. Section 101.006(a), Election Code, is amended
to read as follows:
(a) The submission of a federal postcard application that
complies with the applicable requirements by an unregistered
applicant constitutes registration by the applicant only for the
purpose of voting in the election for which a ballot is requested
and each election for a federal office that occurs on or before the
date of the second general election for state and county officers
that occurs after the date the application is submitted.
SECTION 48. Chapter 101, Election Code, is amended by
adding Section 101.013 to read as follows:
Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. Section 1973ff et seq.), as amended.
SECTION 49. Section 122.001, Election Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) A voting system may not be used in an election unless the
system:
(1) preserves the secrecy of the ballot;
(2) is suitable for the purpose for which it is
intended;
(3) operates safely, efficiently, and accurately and
complies with the error rate standards of the voting system
standards adopted by the Federal Election Commission;
(4) is safe from fraudulent or unauthorized
manipulation;
(5) permits voting on all offices and measures to be
voted on at the election;
(6) prevents counting votes on offices and measures on
which the voter is not entitled to vote;
(7) prevents counting votes by the same voter for more
than one candidate for the same office or, in elections in which a
voter is entitled to vote for more than one candidate for the same
office, prevents counting votes for more than the number of
candidates for which the voter is entitled to vote;
(8) prevents counting a vote on the same office or
measure more than once;
(9) permits write-in voting;
(10) is capable of permitting straight-party voting;
and
(11) is capable of providing records from which the
operation of the voting system may be audited.
(d) Effective January 1, 2006, a voting system may not be
used in an election if the system uses:
(1) mechanical voting machines; or
(2) a punch-card ballot or similar form of tabulating
card.
(e) For an election for federal office in which a state or
federal court order has extended the time for voting beyond the time
allowed by Subchapter B, Chapter 41, a voting system must provide a
separate count of the votes cast after the time allowed by that
subchapter.
SECTION 50. Section 124.006, Election Code, is amended to
read as follows:
Sec. 124.006. IMPLEMENTATION OF PROVISIONAL BALLOT [STUB]
SYSTEM. The secretary of state shall prescribe the form of a
provisional ballot [stub and ballot for use with a stub] and the
necessary procedures to implement the casting of a provisional
ballot as described by Section 63.011 and the verification and
processing of provisional ballots under Subchapter B, Chapter 65,
for [ballot stub system prescribed by Section 52.074 for use with]
each voting system used in this state.
SECTION 51. Section 127.130, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) In any manual count conducted under this code, an
irregularly marked vote on a ballot on which a voter indicates a
vote by making a mark on the ballot is considered in the same manner
as provided by Section 65.009.
SECTION 52. Section 172.116(b), Election Code, is amended
to read as follows:
(b) The committee shall convene to conduct the local canvass
at the county seat not earlier than 6 p.m. on the second [first]
Thursday or later than 1 p.m. on the second [first] Friday after
election day at the hour specified by the county chair.
SECTION 53. Sections 203.012(a) and (b), Election Code, are
amended to read as follows:
(a) The commissioners court shall convene to conduct the
local canvass not later than the 10th [third] day after election
day.
(b) The governor shall conduct the state canvass not later
than the 14th [seventh] day after election day.
SECTION 54. Section 213.007(a), Election Code, is amended
to read as follows:
(a) On presentation by a recount committee chair of a
written order signed by the recount supervisor, the custodian of
voted ballots, voting machines or test materials or programs used
in counting electronic voting system ballots shall make the
ballots, machines, or materials or programs, including the records
from which the operation of the voting system may be audited,
available to the committee.
SECTION 55. Section 221.008, Election Code, is amended to
read as follows:
Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND EQUIPMENT.
A tribunal hearing an election contest may cause secured ballot
boxes, [envelopes,] voting machines, voting devices, or other
equipment used in the election to be unsecured to determine the
correct vote count or any other fact that the tribunal considers
pertinent to a fair and just disposition of the contest.
SECTION 56. Sections 273.041, 273.042, and 273.043,
Election Code, are amended to read as follows:
Sec. 273.041. REQUEST TO EXAMINE BALLOTS. In the
investigation of criminal conduct in connection with an election, a
grand jury, on finding probable cause to believe an offense was
committed, may request a district judge of the county served by the
grand jury to order an examination of the voted ballots [and the
ballot stubs] in the election.
Sec. 273.042. ORDER BY DISTRICT JUDGE. On request of a
grand jury for an examination of voted ballots [and ballot stubs], a
district judge may order the custodian of the ballots [and ballot
stubs] and the custodian of the keys to the ballot boxes to deliver
the ballot boxes and the [,] keys[, and envelopes] to the grand
jury.
Sec. 273.043. CONDUCT OF EXAMINATION. The examination of
ballots [and ballot stubs] under this subchapter shall be conducted
in secret before the grand jury.
SECTION 57. (a) Sections 62.0081, 63.010, 65.005(d),
66.0242, and 66.058(h) and Chapter 88, Election Code, are repealed.
(b) Effective January 1, 2006, Sections 18.062, 18.063, and
122.0011, Election Code, are repealed.
SECTION 58. Except as otherwise provided by this Act, this
Act takes effect January 1, 2004.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1549 was passed by the House on April
24, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1549 on May 28, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1549 was passed by the Senate, with
amendments, on May 27, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor