78R11674 ATP-D


By:  Denny                                                        H.B. No. 1697



A BILL TO BE ENTITLED

AN ACT

relating to recounts of elections in which direct recording  
electronic voting machines were used.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 212.112(a), Election Code, is amended to 
read as follows:
	(a)  Subject to Subsection (d), the amount of the recount 
deposit is determined by the number of precincts for which a recount 
is requested in the document that the deposit accompanies, in 
accordance with the following schedule:
		(1)  five times the maximum hourly rate of pay for 
election judges, for a precinct in which:
			(A)  regular paper ballots were used;                                        
			(B)  electronic voting system ballots, other than 
punch-card ballots or printed images of ballots cast using direct 
recording electronic voting machines, are to be recounted manually;  
or
			(C)  both write-in votes and voting system votes 
are to be recounted;      
		(2)  10 times the maximum hourly rate of pay for 
election judges, for a precinct in which:
			(A)  punch-card ballots are to be recounted 
manually; or     
			(B)  printed images of ballots cast using direct 
recording electronic voting machines are to be recounted manually;
		(3)  three times the maximum hourly rate of pay for 
election judges, for a precinct in which ballots are to be recounted 
by automatic tabulating equipment and no write-in votes are to be 
recounted;  and
		(4)  two times the maximum hourly rate of pay for 
election judges, for a precinct in which:
			(A)  voting machines were used and no write-in 
votes are to be recounted; or
			(B)  only the write-in votes cast in connection 
with a voting system are to be recounted.
	SECTION 2.  Subchapter A, Chapter 213, Election Code, is 
amended by adding Section 213.016 to read as follows:
	Sec. 213.016.  PRINTING IMAGES OF BALLOTS CAST USING DIRECT 
RECORDING ELECTRONIC VOTING MACHINES.  During any printing of 
images of ballots cast using direct recording electronic voting 
machines for the purpose of a recount, the full recount committee is 
not required to be present.  The recount committee chair shall 
determine how many committee members must be present during the 
printing of the images.  Each candidate is entitled to be present 
and to have representatives present in the same number as 
prescribed by Section 213.013(b) for a recount during the printing 
of the images.
	SECTION 3.  This Act takes effect September 1, 2003.