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79R3437 DRH-F

By:  Hartnett                                                     H.B. No. 1973



A BILL TO BE ENTITLED

AN ACT

relating to the processing of certain election ballots voted early.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 87.0241(b), Election Code, is amended 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 ninth day before election day [end of the 
period for early voting by personal appearance].
	SECTION 2.  Section 87.027, Election Code, is amended by 
amending Subsection (i) and adding Subsection (l) to read as 
follows:
	(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 but may not use the 
registration application signature to determine that the 
signatures are not those of the same person. Except as provided by 
Subsection (l), a [A] determination under this subsection that the 
signatures are not those of the same person 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 in separate 
containers from those of voters whose signatures are those of the 
same person. 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].
	(l)  If more than 12 members are appointed to serve on the 
committee, the early voting clerk may designate two or more 
subcommittees of not less than six members.  If subcommittees have 
been designated, a determination under Subsection (i) is made by a 
majority of the subcommittee.
	SECTION 3.  The change in law made by this Act applies only 
to an election ordered on or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.