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78R3714 DRH-D
By: Denny H.B. No. 1549
A BILL TO BE ENTITLED
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, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) Along with a registration application, an applicant may
provide a copy of a document described by Section 63.0101 that
establishes the applicant's identity.
SECTION 2. Section 13.122, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall prescribe procedures to
inform an applicant 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:
(1) providing an instructional sheet to be distributed
with the official registration application form describing the
requirement; and
(2) a method by which an applicant may submit the
document along with the official registration application form.
SECTION 3. 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;
(2) be arranged alphabetically by voter name; [and]
(3) contain the notation required by Section 15.111;
and
(4) identify the voters registered 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. Section 63.008, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Subsection (a)(2) does not apply to a voter in an
election for federal office for which 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.
(c) 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 12. 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, 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 13. Sections 63.010(a) and (d), Election Code, are
amended to read as follows:
(a) The eligibility of a person offering to vote may be
challenged by an election officer, watcher, or any other person
lawfully in the polling place. An election officer must inform a
challenged [may not refuse to accept a voter without informing the]
voter of the voter's right to vote under the [challenge] procedure
prescribed by Section 63.011 [this section].
(d) The presiding judge shall inform a voter of a challenge
and of the issues raised by the challenge. [The presiding judge
shall request the voter to present proof of identification in a form
described by Section 63.0101 and to execute an affidavit that
states the facts necessary to support the voter's eligibility to
vote. On presentation of the required proof of identification and
affidavit, the presiding judge shall determine the voter's
identity. If the voter fails to present the required proof of
identification, the presiding judge cannot verify the voter's
identity from the proof presented, or the voter refuses to execute
an affidavit, the voter may not be accepted for voting, and an
election officer shall indicate on the affidavit or, if none, on a
written statement containing the voter's name and any known
residence address, and, if applicable, on the list of registered
voters beside the voter's name that the voter was rejected under
this section. After determining the voter's identity, the
presiding judge shall return the documentation of proof to the
voter.]
SECTION 14. 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 15. Chapter 63, Election Code, is amended by adding
Section 63.011 to read as follows:
Sec. 63.011. PROVISIONAL VOTING. (a) A person described by
Section 63.008(c) or 63.009(a) or a person who is challenged under
Section 63.010 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 voluntary disclosure of any relevant information
necessary to determine whether the person is eligible to vote. 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.
SECTION 16. 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 17. 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 18. Subchapter A, Chapter 64, Election Code, is
amended by adding Section 64.0081 to read as follows:
Sec. 64.0081. DEPOSIT OF CERTAIN BALLOTS. The presiding
judge shall provide a separate ballot box to be used for depositing
marked ballots of a voter 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.
SECTION 19. 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 20. Subchapter A, Chapter 65, Election Code, as
designated by this Act, is amended by adding Section 65.0071 to read
as follows:
Sec. 65.0071. TALLYING LATE VOTES IN CERTAIN ELECTIONS.
(a) In 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, the tally list shall contain a separate
space for tallying the votes of a voter who is permitted to cast a
ballot after the time allowed by that subchapter.
(b) A vote tallied under Subsection (a) shall be added to
the total votes received by a candidate, political party, or
measure.
SECTION 21. 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 22. 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 23. 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 voter registrar
of the county in which a provisional ballot is cast shall provide
assistance as requested by 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 a
member of the early voting ballot board the box containing each
envelope containing a provisional ballot that was cast in the
precinct.
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) 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.
(b) 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.
(c) 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 Subsection (a), 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 early voting
ballot board shall implement a system, under rules adopted by the
secretary of state, 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 24. 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 25. 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 26. 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 27. 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 28. 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 29. 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 30. 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, 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.
SECTION 31. 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.
SECTION 32. 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 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.
SECTION 33. 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 34. 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 35. Section 122.001, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) 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) 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 36. 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 37. 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 38. 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 39. 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 40. 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 41. 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 42. Sections 62.0081, 63.010(e) and (f), 65.005(d),
66.0242, and 66.058(h), Election Code, are repealed.
SECTION 43. This Act takes effect January 1, 2004.