By: Denny, Madden, Howard H.B. No. 1695
A BILL TO BE ENTITLED
AN ACT
relating to certain election processes and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.006, Election Code, is amended to read
as follows:
Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last
day for performance of an act is a Saturday, Sunday, or legal state
or national holiday, the act is timely if performed on the next
regular business day, except as otherwise provided by this code.
(b) If the last day for performance of an act is extended
under Subsection (a), the extended date is used to determine any
other dates and deadlines, and the dates or times of any related
procedures, that are expressly required to be made on a date or at a
time determined in relation to the last day for performance of the
act.
(c) A declaration of ineligibility of a candidate is
considered to be the performance of an act under this section for
purposes of causing the candidate's name to be omitted from the
ballot.
(d) The filing of a document, including a withdrawal request
or resignation, is considered to be the performance of an act under
this section for purposes of creating a vacancy to be filled at a
subsequent election.
(e) The death of a person is not considered to be the
performance of an act under this section.
SECTION 2. Section 2.025, Election Code, is amended to read
as follows:
Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
provided by this code [Subsection (b)], a runoff election shall be
held not earlier than the 20th or later than the 45th [30th] day
after the date the final canvass of the main election is completed.
(b) A runoff election date later than [may be held after]
the period prescribed by Subsection (a) may be prescribed by a
home-rule city charter [law but not later than the 45th day after
the date the final canvass of the main election is completed only
to:
[(1) permit a joint runoff election to be held with
another political subdivision in accordance with Chapter 271; or
[(2) avoid holding the runoff on:
[(A) a legal state or national holiday; or
[(B) a weekend day within three days of a legal
state or national holiday].
(c) This section [Subsection (b)] supersedes a law outside
this subchapter to the extent of a conflict notwithstanding Section
2.022.
SECTION 3. Section 2.051(b), Election Code, is amended to
read as follows:
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit
[single-member district] if[:
[(1)] each candidate whose name is to appear on the
ballot in that territorial unit [district] is unopposed and no
at-large proposition or opposed at-large race is to appear on the
ballot. This subchapter applies to an unopposed at-large race in
such an election regardless of whether an opposed race is to appear
on the ballot in a particular territorial unit[; and
[(2) the requirements prescribed by Subsection (a) are
otherwise met].
SECTION 4. Section 2.053(c), Election Code, is amended to
read as follows:
(c) A certificate of election shall be issued to each
candidate in the same manner and at the same time as provided for a
candidate elected at the election. The candidate must qualify for
the office in the same manner as provided for a candidate elected at
the election.
SECTION 5. Section 13.072(c), Election Code, is amended to
read as follows:
(c) Except as provided by Subsection (d) [or (e)], if the
registrar determines that an application does not comply with
Section 13.002 or does not indicate that the applicant is eligible
for registration, the registrar shall reject the application.
SECTION 6. Section 13.073, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) If the registrar rejects an application for
incompleteness but receives a completed application not later than
the 10th day after the date the notice is delivered under Subsection
(a) or the date the incomplete application is returned under
Subsection (b), as applicable, the original date of submission of
the incomplete application is considered to be the date of
submission to the registrar for the purpose of determining the
effective date of registration.
SECTION 7. Section 15.025, Election Code, is amended to
read as follows:
Sec. 15.025. EFFECTIVE DATE OF CERTAIN CHANGES IN
REGISTRATION INFORMATION [IN PRECINCT OF NEW RESIDENCE].
(a) Except as provided by Subsections (b) and (d), the [The]
registration of a voter described by this subsection whose
information [residence] is changed on the registration records [to
another county election precinct in the same county] becomes
effective as to the change [in the precinct of new residence] on the
30th day after:
(1) the date the voter submits to the registrar
[receives] a notice of a change in registration information under
Section 15.021 or a [voter's] response under Section 15.053,
indicating the change [of residence]; or
(2) the date the voter submits a statement of
residence to an election officer under Section 63.0011 or a
registration application or change of address to an agency employee
under Chapter 20, indicating the change [of residence].
(b) A change in registration information covered by this
section is effective for purposes of early voting if it will be
effective on election day.
(c) For purposes of determining the effective date of a
change in registration information covered by this section, a
document submitted by mail is considered to be submitted to the
registrar on the date it is placed with postage prepaid and properly
addressed in the United States mail. The date indicated by the post
office cancellation mark is considered to be the date the document
was placed in the mail unless proven otherwise.
(d) If the 30th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, the document
is considered to be timely if it is submitted to the registrar on or
before the next regular business day.
SECTION 8. Sections 16.033(c) and (d), Election Code, are
amended to read as follows:
(c) The notice must include:
(1) a request for information relevant to determining
the voter's eligibility for registration; and
(2) a warning that the voter's registration is subject
to cancellation if the registrar does not receive an appropriate
reply on or before the 30th [60th] day after the date the notice is
mailed.
(d) Except as provided by Subsection (e), the registrar
shall cancel a voter's registration if:
(1) after considering the voter's reply, the registrar
determines that the voter is not eligible for registration;
(2) no reply is received from the voter on or before
the 30th [60th] day after the date the notice is mailed to the voter
under Subsection (b); or
(3) each notice mailed under Subsection (b) is
returned undelivered to the registrar with no forwarding
information available.
SECTION 9. Sections 16.0332(a) and (b), Election Code, are
amended to read as follows:
(a) After the registrar receives a list under Section
62.113, Government Code, of persons excused or disqualified from
jury service because of citizenship status, the registrar shall
deliver to each registered voter whose name [who] appears on the
list a written notice requiring the voter to submit to the registrar
[provide] proof of United States citizenship in the form of a
certified copy of the voter's birth certificate, United States
passport, or certificate of naturalization or any other [a] form
prescribed by the secretary of state. The notice shall be delivered
by forwardable mail to the mailing address on the voter's
registration application and to any new address of the voter known
to the registrar.
(b) If a voter fails to submit to [provide] the registrar
[with] proof of citizenship on or before the 30th [31st] day after
the date the notice is mailed [to the voter], the registrar shall
cancel the voter's registration.
SECTION 10. Section 16.036(a), Election Code, is amended
to read as follows:
(a) Immediately after cancellation of a voter's
registration under Section 16.031(a)(3), 16.033, [or] 16.0331, or
16.0332, the registrar shall deliver written notice of the
cancellation to the voter.
SECTION 11. Section 19.001(a), Election Code, is amended to
read as follows:
(a) Before May 15 of each year, the registrar shall prepare
and submit to the comptroller of public accounts a statement
containing:
(1) the total number of initial registrations for the
previous voting year;
(2) the total number of registrations canceled under
Sections 16.031(a)(1), [and] 16.033, and 16.0332 for the previous
voting year; and
(3) the total number of registrations for which
information was updated for the previous voting year.
SECTION 12. Section 32.091, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), an [An] election
judge or clerk is entitled to compensation for services rendered at
a precinct polling place at an hourly rate not to exceed the amount
fixed by the appropriate authority, which amount must be at least
the federal minimum hourly wage. A judge or clerk may be compensated
at that rate for services rendered under Section 62.014(c).
(c) For a primary or runoff primary election, the minimum
hourly rate is the greater of the maximum rate provided by
Subsection (a) or, if the election officer attended a training
program as provided by Subchapter F, $7.
SECTION 13. Section 32.111, Election Code, is amended to
read as follows:
Sec. 32.111. TRAINING STANDARDS FOR ELECTION JUDGES. (a)
The secretary of state shall [governing body of a political
subdivision that holds elections or the county executive committee
of a political party that holds primary elections may]:
(1) adopt [minimum] standards of training in election
law and procedure for presiding or alternate election judges
[serving in its elections]; [and]
(2) develop materials for a standardized curriculum
for that training; and
(3) distribute the materials as necessary to the
governing bodies of political subdivisions that hold elections and
to each county executive committee of a political party that holds a
primary election [require that a person meet those standards before
appointment or service as a judge].
(b) The [Minimum] training standards may include required
attendance at appropriate training programs or the passage of an
examination at the end of a training program.
SECTION 14. Section 32.112, Election Code, is amended to
read as follows:
Sec. 32.112. EXPENSE OF TRAINING JUDGES. The governing
body of a political subdivision may appropriate funds to:
(1) compensate its election judges, early voting
clerk, and deputy early voting clerks in charge of early voting
polling places for attending a training program required under
Section 32.111 [programs], at an hourly rate not to exceed the
maximum rate of compensation of an election judge for services
rendered at a precinct polling place or, if applicable, for
attending a training program under Section 32.114; and
(2) pay the expenses of conducting the programs.
SECTION 15. Sections 32.113(a) and (b), Election Code, are
amended to read as follows:
(a) The governing body of a political subdivision other than
a county may, and the county executive committee of a political
party shall, provide training [programs] for its election officers
using the standardized training program and materials developed and
provided by the secretary of state under Section 32.111.
(b) A political subdivision or county executive committee
may conduct its training [programs] independently or jointly with
other entities.
SECTION 16. Section 32.114, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) The county clerk shall provide one or more sessions of
[a] training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 [program] for the election judges and clerks appointed to
serve in elections ordered by the governor or a county authority.
Each election judge shall complete the training program.
(e) An election judge, early voting clerk, or deputy early
voting clerk in charge of an early voting polling place is entitled
to compensation for attending the training program at an hourly
rate not to exceed $7.
SECTION 17. 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 seventh day after election day for:
(A) the general election for state and county
officers; or
(B) an election of a political subdivision that
is held jointly with the general election for state and county
officers; or
(2) not earlier than the third day or later than the
sixth day after election day for an election other than an [the
general] election described by Subdivision (1) [for state and
county officers].
SECTION 18. Section 83.006(b), Election Code, is amended
to read as follows:
(b) To be eligible for appointment as early voting clerk
under this section, a person must meet the requirements for
eligibility for service as a presiding election judge, except that:
(1) an appointee must be a qualified voter of the
political subdivision and is not required to be a qualified voter of
any other particular territory; [and]
(2) in an election in which an officer of the political
subdivision is a candidate, an appointee's status as an employee of
the political subdivision does not make the appointee ineligible
for appointment as the clerk; and
(3) an appointee who is a permanent employee of the
political subdivision and a qualified voter of any territory is not
required to be a qualified voter of the political subdivision.
SECTION 19. Section 83.007(b), Election Code, is amended to
read as follows:
(b) To be eligible for appointment as early voting clerk
under this section, a person must meet the requirements for
eligibility for service as a presiding election judge, except that:
(1) an [the] appointee must be a qualified voter of the
territory covered by the election and is not required to be a
qualified voter of any other particular territory; and
(2) an appointee who is a permanent employee of the
authority ordering the election and a qualified voter of any
territory is not required to be a qualified voter of the territory
covered by the election.
SECTION 20. Section 83.032(b), Election Code, is amended to
read as follows:
(b) For a temporary deputy to be eligible for appointment as
a deputy early voting clerk under this section, the temporary
deputy must meet the requirements for eligibility for service as a
presiding election judge, except that:
(1) an appointee is not required to be a qualified
voter of any particular territory other than the county, in the case
of an appointment by a county clerk, or the city, in the case of an
appointment by a city secretary; [and]
(2) in an election in which the early voting clerk is a
candidate, an appointee's status as an employee of the clerk does
not make the appointee ineligible for appointment as a deputy early
voting clerk; and
(3) an appointee who is a permanent employee of the
county or city, as applicable, and a qualified voter of any
territory is not required to be a qualified voter of the county or
city, as applicable.
SECTION 21. Section 84.032, Election Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A request must:
(1) be in writing and signed by the applicant;
(2) specify the election for which the application was
made; and
(3) except as provided by Subsection (c), [or] (d), or
(e), be received by the early voting clerk:
(A) not later than the third day before election
day; and
(B) if an early voting ballot sent to the
applicant is returned to the clerk as a marked ballot, before the
marked ballot's arrival at the address on the carrier envelope.
(e) An applicant may also submit a request at any time after
the early voting ballot is returned to the early voting clerk as a
marked ballot and before the ballot is delivered to the early voting
ballot board by appearing in person and executing an affidavit that
the applicant did not mark the ballot.
SECTION 22. Section 86.003(c), Election Code, is amended to
read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence;
(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4); or
(3) age or disability and the voter is living at a
hospital, nursing home or other long-term care facility, or
retirement center, or with a relative described by Section
84.002(a)(3), in which case the address must be the address of that
facility or relative.
SECTION 23. Section 86.007(d), Election Code, is amended to
read as follows:
(d) A marked ballot voted by mail that arrives after the
time prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the
United States;
(2) the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a); and
(3) the ballot arrives at the address on the carrier
envelope not later than:
(A) the fifth day after the date of:
(i) the general election for state and
county officers; or
(ii) an election of a political subdivision
that is held jointly with the general election for state and county
officers; or
(B) the second day after the date of an election
other than an [the general] election described by Paragraph (A)
[for state and county officers].
SECTION 24. Section 87.0241, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance.
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section in regard to elections
described by Subsection (b)(2).
SECTION 25. Section 87.027, Election Code, is amended by
amending Subsections (a), (c), (d), (i), and (j) and adding
Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), a [A] signature
verification committee may be appointed in any election. The early
voting clerk is the authority responsible for determining whether a
signature verification committee is to be appointed. If the clerk
determines that a committee is to be appointed, the clerk shall
issue a written order calling for the appointment. [Section
87.0271 supersedes this section to the extent of a conflict.]
(a-1) A signature verification committee shall be appointed
in the general election for state and county officers on submission
to the early voting clerk of a written request for the committee by
at least 15 registered voters of the county. The request must be
submitted not later than the preceding October 1, and a request
submitted by mail is considered to be submitted at the time of its
receipt by the clerk.
(c) Not later than the fifth day after the date the early
voting clerk issues the order calling for the appointment of a
signature verification committee, or not later than October 15 for
a committee required under Subsection (a-1), the appropriate
authority shall appoint the members of the committee and designate
one of the appointees as chair, subject to Subsection (d). The
authority shall fill a vacancy on the committee by appointment as
soon as possible after the vacancy occurs, subject to Subsection
(d). The early voting clerk shall post notice of the name and
residence address of each appointee. The notice must remain posted
continuously for the period beginning the day after the date of the
appointment and ending on the last day of the committee's operation
in the election.
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election [and, in elections] in which party
alignment is indicated on the ballot, each county chair of a
political party with a nominee or aligned candidate on the ballot
shall submit to the appointing authority a list of names of persons
eligible to serve on the signature verification committee. The
authority shall appoint at least two persons from each list to serve
as members of the committee. The same number of members must be
appointed from each list. The authority shall appoint the chair of
the committee from the list provided by the political party whose
nominee for governor received the most votes in the county in the
most recent gubernatorial general election. A vacancy on the
committee shall be filled by appointment from the original list or
from a new list submitted by the appropriate county chair [must be
balanced as equally as possible by members of each political party
required to nominate candidates by primary election].
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
same person. The committee may also compare the signatures with the
signature on the voter's registration application to confirm that
the signatures are those of the same person [match] but may not use
the registration application signature to determine that the
signatures are not those of the same person [do not match]. A
determination under this subsection that the signatures are not
those of the same person [do not match] must be made by a majority
vote of the committee's membership. The committee shall place the
jacket envelopes, carrier envelopes, and applications of voters
whose signatures are not those of the same person [do not match] in
separate containers from those of voters whose signatures are those
of the same person [match]. The committee chair shall deliver the
sorted materials to the early voting ballot board at the time
specified by the board's presiding judge but within the period
permitted for the early voting clerk's delivery of early voting
ballots to the board.
(j) If a signature verification committee is appointed, the
early voting ballot board shall follow the same procedure for
accepting the early voting ballots voted by mail as in an election
without a signature verification committee, except that the board
may not determine whether a voter's signatures on the carrier
envelope certificate and ballot application are those of the same
person [match] if the committee has determined that the signatures
are those of the same person [match]. If the committee has
determined that the signatures are not those of the same person [do
not match], the board may make a determination that the signatures
are those of the same person [match] by a majority vote of the
board's membership.
SECTION 26. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence; [and]
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003.
SECTION 27. Section 87.101, Election Code, is amended to
read as follows:
Sec. 87.101. [PREPARATION OF BALLOTS;] DELIVERY OF BALLOTS
TO COUNTING STATION. [(a)] On the direction of the presiding
judge, the early voting ballot board[, in accordance with Section
85.032(b),] shall deliver to the central counting station [open]
the container for the early voting electronic system ballots that
are to be counted by automatic tabulating equipment at a central
counting station. The board shall make the delivery without
opening the container and[, remove the ballots from the container,
and remove any ballots enclosed in ballot envelopes from their
envelopes.
[(b) On the direction of the presiding judge, the early
voting ballot board may prepare the ballots for delivery to the
central counting station at any time after they are received and
shall deliver them] in accordance with the procedure applicable to
electronic system ballots cast at a precinct polling place.
SECTION 28. Section 87.1231(a), Election Code, is amended
to read as follows:
[(a)] Not later than the time of the local canvass, the
early voting clerk shall deliver to the local canvassing authority
a report of the total number of early voting votes for each
candidate or measure by election precinct. The report may reflect
the total for votes by mail and the total for votes by personal
appearance.
SECTION 29. Section 87.125(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board shall convene to count
ballots voted by mail described by Section 86.007(d) at the time set
by the presiding judge of the board [on]:
(1) on the sixth day after the date of:
(A) a general election for state and county
officers; or
(B) an election of a political subdivision that
is held jointly with the general election for state and county
officers;
(2) on the second [fifth] day after the date of a
primary [or special] election, at a time following the last mail
delivery, or on an earlier day or at an earlier time if the early
voting clerk certifies that all ballots mailed from outside the
United States have been received; or
(3) not earlier than the third day or later than the
fifth day after the date of an election other than an election
described by Subdivision (1) or (2).
SECTION 30. Section 102.003(b), Election Code, is amended
to read as follows:
(b) An application may be submitted after the last day of
the period for early voting by personal appearance and before 5 [2]
p.m. on election day.
SECTION 31. Section 104.003, Election Code, is amended to
read as follows:
Sec. 104.003. TIME AND PLACE FOR VOTING. Voting under this
chapter shall be conducted on election day, beginning at 7 [8] a.m.
and concluding at 7 [2] p.m., at the main early voting polling
place[, except that the voting shall begin at 7 a.m. and conclude at
7 p.m. in an election in which mechanical voting machines are used].
However, if the early voting ballots voted by mail are processed at
a location other than the main early voting polling place, the early
voting clerk may require the voting to be conducted at that
location.
SECTION 32. Section 112.002, Election Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) After changing residence to another county, a person is
eligible to vote a limited ballot by personal appearance during the
early voting period or by mail if:
(1) the person would have been eligible to vote in the
county of former residence on election day if still residing in that
county; and
(2) [the date of the election is not more than 90 days
after the new residence is established; and
[(3)] a voter registration for the person in the
county of new residence is not effective on or before election day.
(c) Before being accepted for voting under this chapter, the
voter must execute a statement including:
(1) a statement that the voter satisfies the
applicable requirements prescribed by Subsection (a);
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the voter's residence;
(3) the month, day, and year of the voter's birth; and
(4) the date the statement is executed.
(d) A statement executed under Subsection (c) shall be
submitted:
(1) to an election officer at the main early voting
polling place, if the person is voting by personal appearance; or
(2) with the person's application for a ballot to be
voted by mail, if the person is voting by mail.
SECTION 33. Section 127.066(c), Election Code, is amended
to read as follows:
(c) After the box is sealed, it shall be delivered to the
central counting station by two election officers [in accordance
with the procedure for delivering ballot box no. 3 to the central
counting station]. The officers shall deliver the box to the
presiding judge of the central counting station or to the judge's
designee.
SECTION 34. Chapter 144, Election Code, is amended by
adding Section 144.006 to read as follows:
Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
CANDIDATE. Except as otherwise provided by law, a declaration of
write-in candidacy must be filed not later than 5 p.m. of the fifth
day after the date an application for a place on the ballot is
required to be filed in an election in which:
(1) the filing deadline for an application for a place
on the ballot is the 45th day before election day; and
(2) write-in votes may be counted only for names
appearing on a list of declared write-in candidates.
SECTION 35. Section 172.024(a), Election Code, is amended
to read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator $5,000 [$4,000]
(2) office elected statewide, except United States
senator3,750 [3,000]
(3) United States representative 3,125 [2,500]
(4) state senator 1,250 [1,000]
(5) state representative 750 [600]
(6) member, State Board of Education 300 [250]
(7) chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8)1,875 [1,500]
(8) chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of more than 850,000 is wholly or partly
situated2,500 [2,000]
(9) district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee1,500 [1,200]
(10) district or criminal district judge of a court in
a judicial district wholly contained in a county with a population
of more than 850,0002,500 [2,000]
(11) judge, statutory county court, other than a judge
specified by Subdivision (12)1,500 [1,200]
(12) judge of a statutory county court in a county with
a population of more than 850,0002,500 [2,000]
(13) district attorney, criminal district attorney,
or county attorney performing the duties of a district
attorney1,250 [1,000]
(14) county commissioner, county clerk, sheriff,
county tax assessor-collector, county treasurer, or judge,
constitutional county court:
(A) county with a population of 200,000 or
more1,250 [1,000]
(B) county with a population of under
200,000750 [600]
(15) justice of the peace or constable:
(A) county with a population of 200,000 or
more1,000 [800]
(B) county with a population of under
200,000375 [300]
(16) county surveyor, inspector of hides and animals,
or public weigher75 [50]
(17) office of the county government for which this
schedule does not otherwise prescribe a fee750 [600]
SECTION 36. Sections 172.126(a) and (c), Election Code, are
amended to read as follows:
(a) The primary elections in a county may be conducted
jointly at the regular polling places designated for the general
election for state and county officers. The county clerk shall
supervise the overall conduct of the joint primary elections. This
section applies to the conduct of joint primary elections
notwithstanding and in addition to other applicable provisions of
this code. The decision to conduct a joint general primary election
or runoff primary election, as applicable, must be made by majority
vote of the full membership of the commissioners court and with the
unanimous approval of the county clerk and the county chair of each
political party required to nominate candidates by primary
election.
(c) One set of election officers shall conduct the primary
elections at each polling place. Not later than the second Monday
in December preceding the primary elections, each county chair
shall deliver to the county clerk a list of the names of the
election judges and clerks for that party. The presiding judge of
each party, or alternate judge if applicable, serves as a co-judge
for the precinct. If an eligible presiding co-judge and alternate
co-judge cannot be found to serve for a particular party in a
precinct, a joint primary may not be conducted in that precinct, and
that precinct must be consolidated with another precinct that has
an eligible presiding co-judge and alternate co-judge to serve for
each party. The county clerk shall appoint the election clerks in
accordance with rules prescribed by the secretary of state. The
secretary of state shall prescribe the maximum number of clerks
that may be appointed for each precinct. The early voting ballot
board and any central counting station shall also be composed of and
administered by one set of election officers that provides
representation for each party, and the secretary of state by rule
shall prescribe procedures consistent with this subsection for the
appointment of those officers.
SECTION 37. Section 173.005(a), Election Code, is amended
to read as follows:
[(a)] The maximum hourly rate payable with state funds in a
particular primary election year to election judges serving in a
primary election for attending training programs is the same as the
maximum rate prescribed by this code for [a political
subdivision's] compensation for attending a training program for
election judges appointed to serve in elections ordered by the
governor or a county authority [of its election judges for the same
activity].
SECTION 38. Section 173.011(b), Election Code, is amended
to read as follows:
(b) Any surplus remaining in a county primary fund shall be
remitted to the secretary of state [county clerk] immediately after
the final payment from the fund of the necessary expenses for
holding the primary elections for that year, but not later than July
1 following the applicable primary election. The surplus in the
primary fund shall be remitted regardless of whether state funds
were requested by the chair. [Any surplus primary funds received by
the county clerk under this subsection may be used only for paying
the remaining expenses of the joint primary election.]
SECTION 39. Section 212.001, Election Code, is amended to
read as follows:
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT
DOCUMENT. A recount document submitted under this title must:
(1) be in writing;
(2) identify the office or measure for which a recount
is desired;
(3) state the grounds for the recount;
(4) state the side of the measure that the person
requesting the recount represents, if applicable;
(5) identify the election precincts, grouped by county
or other appropriate territorial unit if the election involves more
than one local canvassing authority, for which a recount is desired
and must indicate the method of voting used in each precinct;
(6) be signed by:
(A) the person requesting the recount or, if
there is more than one, any one or more of them; or
(B) an agent of the person requesting the
recount;
(7) state each requesting person's name, residence
address, and, if authorization to obtain the recount is based on
eligibility to vote in the election, voter registration number, and
county of registration if the election covers territory in more
than one county;
(8) designate an agent who is a resident of this state
to receive notice under this title on behalf of the person
requesting the recount if:
(A) the person requesting the recount is not a
resident of this state; or
(B) there is more than one person requesting the
recount;
(9) state the mailing address and at least one
telephone number, if any, at which the person requesting the
recount or an agent, identified by name, may receive notice given
under this title; [and]
(10) state the mailing address and at least one
telephone number, if any, at which the opposing candidates for the
office or their agents, identified by name, may receive notice
given under this title; and
(11) be accompanied by a deposit as provided by
Subchapter E.
SECTION 40. Section 212.088(a), Election Code, is amended
to read as follows:
(a) If the deadline for submitting an expedited recount
petition falls on a Saturday, Sunday, or legal state holiday, the
deadline is extended to 10 [9] a.m. of the next regular business
day.
SECTION 41. Section 212.111(b), Election Code, is amended
to read as follows:
(b) The [Except as provided by Subsection (c), the] deposit
must be in the form of cash or a cashier's check or money order made
payable to the recount coordinator.
SECTION 42. Section 277.002(a), Election Code, is amended
to read as follows:
(a) For a petition signature to be valid, a petition must:
(1) contain in addition to the signature:
(A) the signer's printed name;
(B) the signer's:
(i) date of birth and residence address; or
(ii) [the signer's] voter registration
number and, if the territory from which signatures must be obtained
is situated in more than one county, the county of registration; and
(C) [the signer's residence address; and
[(D)] the date of signing; and
(2) comply with any other applicable requirements
prescribed by law.
SECTION 43. Sections 13.072(e), 15.026, 87.0271,
87.1231(b), 145.006, 173.005(b), and 212.111(c), Election Code,
are repealed.
SECTION 44. (a) This Act takes effect September 1, 2003.
(b) As they relate to the holding of an election, the
changes in law made by this Act apply only to an election ordered on
or after September 1, 2003.