By: Anchia H.B. No. 3105

A BILL TO BE ENTITLED

AN ACT

relating to a program allowing for countywide voting locations in certain elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 43, Election Code, is amended by adding Section 43.007 to read as follows:

Sec. 43.007. COUNTYWIDE POLLING PLACE PROGRAM. (a) The secretary of state shall implement a program to use countywide polling places for each general election for state and county officers.

(b) The commissioners court of a county that desires to participate in the program authorized by this section shall hold a public hearing on the county's participation in the program. The commissioners court shall submit a transcript or electronic recording of the public comments made at the hearing to the secretary of state.

(c) In conducting the program, the secretary of state shall provide for an audit of the direct recording electronic voting units before and after the election, and during the election to the extent such an audit is practicable.

(d) The secretary of state shall select to participate in the program each county that:

(1) has held a public hearing under Subsection (b);

(2) has implemented a computerized voter registration list that allows an election officer at the polling place to verify that a voter has not previously voted in the election;

(3) uses direct recording electronic voting machines; and

(4) is determined by the secretary of state to have the appropriate technological capabilities.

(e) The secretary of state may select a county to participate in the program that has previously participated in a similar program.

(f) A county that participates in a program under this section shall establish countywide polling places:

(1) at locations in central business districts;

(2) at the location of the main early voting polling place;

(3) at the location of a permanent branch polling place established under Section 85.061;

(4) at the location of a temporary branch polling place established under Section 85.062; and

(5) outside a central business district, based on geography and population to promote even distribution outside central business districts.

(g) In selecting locations under Subsection (f), a county must create a plan that establishes a methodology for determining where each polling place will be located. The plan must:

(1) ensure that more countywide polling places are located in central business districts than in other areas of similar size;

(2) require the total number of polling places established for the election to be not less than 50 percent of the number of precinct polling places that would otherwise be located in the county; and

(3) receive the approval of each political party that nominated a candidate in the election for which the polling places will be used.

(h) In creating the plan under Subsection (g), the county shall solicit input from representatives of community groups located within the county, including neighborhood groups and communities with a significant minority population.

(i) The county shall make the methodology used in determining the location of a countywide polling place under this section available to the public.

(j) A county that participates in a program under this section may also establish polling places for any county election precinct to serve the voters of the precinct.

(k) The secretary of state shall operate the program established under Subsection (a) as a pilot program until June 1, 2009.

(l) Not later than January 1, 2009, the secretary of state shall file a report with the legislature. The report may include the secretary of state's recommendations on the future use of countywide polling places and suggestions for permanent statutory authority regarding countywide polling places.

(m) This section expires June 1, 2009.

SECTION 2. This Act takes effect September 1, 2007.