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79R6251 DRH-D
By: Denny H.B. No. 2283
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of obsolete provisions of the Election Code
governing the use of mechanical voting machines and punch-card
ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.034(a), Election Code, is amended to
read as follows:
(a) Early voting by personal appearance by a voter who is
voting outside the early voting polling place under Section 64.009
shall be conducted in accordance with this section if voting at the
early voting polling place is by voting machine [or voting device
unless the early voting clerk chooses to transport a voting device
to the voter].
SECTION 2. Section 104.001, Election Code, is amended to
read as follows:
Sec. 104.001. ELIGIBILITY. A qualified voter in whose
precinct polling place voting is conducted by voting machine [or
voting device] is eligible to vote by the early voting procedure
provided by this chapter if the voter has a sickness or physical
condition that prevents the voter from voting in the regular manner
without personal assistance or a likelihood of injuring the voter's
health.
SECTION 3. Section 111.005(c), Election Code, is amended to
read as follows:
(c) If an electronic system ballot is used, the restricted
ballot shall be prepared by marking[, punching,] or otherwise
identifying an official early voting ballot so that votes on
offices and propositions stating measures on which the voter is not
entitled to vote may not be counted.
SECTION 4. Section 121.003, Election Code, is amended to
read as follows:
Sec. 121.003. DEFINITIONS. In this title:
(1) "Voting system" means a method of casting and
processing votes that is designed to function wholly or partly by
use of mechanical, electromechanical, or electronic apparatus and
includes the procedures for casting and processing votes and the
programs, operating manuals, tabulating cards, printouts, and
other software necessary for the system's operation.
(2) "Electronic voting system" means a voting system
in which the ballots are automatically counted and the results
automatically tabulated by use of electronically operated
apparatus.
(3) "Voting machine" means an apparatus on which
voters cast their votes, that records each vote, and that furnishes
a total of the number of votes cast for the candidates and for and
against the measures.
(4) ["Mechanical voting machine" means a voting
machine that is designed to function by the manual operation of a
lever or other device on the machine without the aid of electrical
power.
[(5) "Voting device" means an apparatus that is
designed for use with punch-card ballots, that holds the punch-card
ballot label, and that enables a voter to position the ballot for
voting.
[(6)] "Voting system equipment" means any kind of
mechanical, electromechanical, or electronic apparatus for use in a
voting system.
(5) [(7)] "Automatic tabulating equipment" means
equipment, other than a voting machine, that compiles vote totals
by ballot sorting, ballot reading, ballot scanning, or electronic
data processing.
(6) [(8)] "Public counter" means a registering device
that cumulatively records the number of voters casting votes on a
voting machine and that is constructed and installed on the machine
in a way that provides an unobstructed view of the recorded number.
(7) [(9)] "Protective counter" means a registering
device that permanently records the cumulative number of times that
a voting machine has been operated and that is installed in the
machine in a way that prevents resetting the device.
(8) [(10)] "Registering counter" means a registering
device on a voting machine that records the votes cast for a
particular candidate or for or against a particular measure.
[(11) "Mechanical machine ballot label" means the
cardboard or other material listing the candidates and propositions
that is attached to a mechanical voting machine to enable voters to
make their choices.
[(12) "Punch-card ballot label" means the paper or
other material listing the candidates and propositions that is
designed for use with punch-card ballots to enable voters to make
their choices.
[(13) "Voting system ballot label" means a punch-card
ballot label or a mechanical machine ballot label.]
(9) [(14)] "Electronic system ballot" means a ballot
designed for use with an electronic voting system.
(10) [(15)] "Punch-card ballot" means an electronic
system ballot in the form of a tabulating card.
(11) [(16)] "Voting system ballot" means a ballot
designed for use with a voting system.
(12) [(17)] "Direct recording electronic voting
machine" or "DRE" means a voting machine that is designed to allow a
direct vote on the machine by the manual touch of a screen, monitor,
or other device and that records the individual votes and vote
totals electronically.
SECTION 5. Section 122.033, Election Code, is amended to
read as follows:
Sec. 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF
VOTING MACHINE. [(a)] In addition to other requirements for
approval, a voting machine must be equipped with:
(1) a security system capable of preventing operation
of the machine;
(2) registering counters that can be secured against
access;
(3) a public counter; and
(4) a protective counter.
[(b) The security system for a mechanical voting machine must
be a lock and key system.]
SECTION 6. Section 123.033(e), Election Code, is amended to
read as follows:
(e) The maximum amount that may be charged for leasing
equipment to a county executive committee for a general or runoff
primary is:
(1) [$16 for each mechanical voting machine;
[(2)] $5 for each unit of electronic voting system
equipment installed at a polling place; and
(2) [(3)] $5 for each unit of other equipment not
specified by this subsection.
SECTION 7. Section 124.001, Election Code, is amended to
read as follows:
Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election
in which voters are entitled to cast straight-party votes, the
voting system ballot [and ballot label] shall be arranged to permit
the voters to do so.
SECTION 8. Section 124.002, Election Code, is amended to
read as follows:
Sec. 124.002. MANNER OF INDICATING PARTY ALIGNMENT. (a) In
an election in which a candidate's name is to appear on the ballot
as the nominee of a political party, the voting system ballot [and
ballot label, as applicable,] shall be arranged:
(1) in party columns in the same manner as for a
regular paper ballot on which a party nominee appears; or
(2) by listing the office titles in a vertical column
in the same manner as for a regular paper ballot on which a party
nominee does not appear, except that the nominees' party alignments
shall be indicated next to their names.
(b) The order in which party nominees listed by office title
appear on a voting system ballot [or ballot label] is determined in
accordance with the same priorities and in the same manner as for
party nominees listed in party columns, with the changes
appropriate to the circumstances.
SECTION 9. Sections 124.003(a), (c), and (d), Election
Code, are amended to read as follows:
(a) Any unopposed candidates may be listed separately under
the heading "Uncontested Races" on a voting system ballot [or
ballot label].
(c) Candidates listed under the uncontested races heading
may be arranged in a manner requiring voting on them as one or more
blocs, but only if an additional ballot [or ballot label] would
otherwise be necessary to accommodate all the candidates and
propositions to be listed.
(d) The requirement that the ballot [or ballot label] be
arranged to permit straight-party voting does not apply to
candidates listed under the uncontested races heading.
SECTION 10. Section 124.063, Election Code, is amended to
read as follows:
Sec. 124.063. INSTRUCTIONS REQUIRED ON BALLOT. (a) An
electronic system ballot on which a voter indicates a vote by making
a mark on [punching a hole in] the ballot must contain the following
instruction if candidates are to be voted on: "Vote for the
candidate of your choice in each race by making a mark [punch hole]
in the space provided adjacent to the name of that candidate." If a
proposition appears on the ballot, the ballot must contain the
following instruction: "Make a mark [punch hole] in the space
provided beside the statement indicating the way you desire to
vote."
(b) [An electronic system ballot on which a voter indicates
a vote by making a mark on the ballot must comply with Subsection
(a), with the substitution of "mark" for "punch hole."
[(c)] The instructions prescribed by Subsection
[Subsections] (a) [and (b)] shall be changed appropriately if the
election has only one race, more than one candidate is to be elected
in a race, or other circumstances require an alteration of the
instructions.
[(d) An electronic system ballot on which a voter indicates a
vote by punching a hole in the ballot must contain the following
instruction following the other required instructions: "Check your
ballot after voting to make sure that the holes are actually punched
through."]
(c) [(e)] The electronic system ballot must contain
instructions for casting a write-in vote. The secretary of state
shall prescribe the wording of the instructions.
(d) [(f)] The electronic system ballot for an election in
which straight-party voting is allowed must contain the instruction
prescribed by Section 52.071(b) with the language relating to
placing an "X" in the party square changed as appropriate to
accommodate the method by which the voter indicates a vote.
[(g) The instructions required by this section may be placed
on the punch-card ballot label instead of on the punch-card
ballot.]
SECTION 11. Section 125.001, Election Code, is amended to
read as follows:
Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING PLACES.
The authority responsible for allocating election supplies among
the polling places for an election shall determine the number of
voting machines[, voting devices,] or units of other voting system
equipment to be installed at each polling place based on:
(1) the number of votes cast at the polling place in
previous, similar elections;
(2) the number of registered voters eligible to vote
at a polling place;
(3) the number of units of equipment available; and
(4) any other factors the authority determines are
relevant.
SECTION 12. Section 125.007, Election Code, is amended to
read as follows:
Sec. 125.007. ASSISTING VOTER. If a voter who is voting
with a voting machine [or voting device] is physically unable to
operate the machine [or device], the voter is entitled to
assistance under the applicable provisions for assisting voters
using regular paper ballots.
SECTION 13. Section 125.061(a), Election Code, is amended
to read as follows:
(a) Before opening a polling place for voting on election
day, the presiding judge shall inspect [each voting device and] any
[other] electronic voting system equipment installed at the polling
place to determine whether it is installed and functioning
properly.
SECTION 14. Section 127.1301, Election Code, is amended to
read as follows:
Sec. 127.1301. TALLYING, TABULATING, AND REPORTING
[PUNCH-CARD OR] CENTRALLY COUNTED OPTICAL SCAN BALLOT UNDERVOTES
AND OVERVOTES. In an election using [punch-card or] centrally
counted optical scan ballots, the undervotes and overvotes on those
ballots shall be tallied, tabulated, and reported by race and by
election precinct in the form and manner prescribed by the
secretary of state.
SECTION 15. 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 16. Section 214.002(b), Election Code, is amended
to read as follows:
(b) The count shall be made, and the correctness of the
tally lists shall be certified, in the same manner as an original
count of regular paper ballots, except that[:
[(1)] only two tally lists are prepared[; and
[(2) Section 127.130(d) applies to a count of
punch-card ballots].
SECTION 17. 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, 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 18. Section 272.005(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 272.006, ballots [and
voting system ballot labels] must be printed with all ballot
instructions, office titles, column headings, proposition
headings, and propositions appearing in English and Spanish.
SECTION 19. Section 272.006(a), Election Code, is amended
to read as follows:
(a) In an election precinct in which use of bilingual
election materials is required, bilingual printing of the ballot
[or voting system ballot label] is not required if a Spanish
translation of the ballot is posted in each voting station and a
statement in Spanish is placed on the ballot [or ballot label]
informing the voter that the translation is posted in the station.
SECTION 20. Section 272.007(c), Election Code, is amended
to read as follows:
(c) The authority responsible for having the official
ballot prepared for an election other than a primary election or an
election ordered by the governor shall prepare the Spanish
translation of the contents of the ballot [or voting system ballot
label].
SECTION 21. The following provisions of the Election Code
are repealed:
(1) Sections 123.001(d), 123.0331, 124.061,
125.061(c), and 127.130(d) and (e);
(2) Subchapter E, Chapter 87;
(3) Subchapter B, Chapter 124;
(4) Subchapter B, Chapter 125;
(5) Chapter 126;
(6) Subchapter G, Chapter 127; and
(7) Subchapter B, Chapter 214.
SECTION 22. This Act takes effect January 1, 2006.