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.