80R48 ATP-D
 
  By: Wentworth S.B. No. 134
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of straight-party voting.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 62.011(c), Election Code, is amended to
read as follows:
       (c)  The poster must include instructions applicable to the
election on:
             (1)  marking and depositing the ballot;
             (2)  voting for a write-in candidate;
             (3)  [casting a straight-party vote;
             [(4)]  casting a provisional ballot;
             [(5)  until the expiration of Section 13.122(d), voting
for the first time by a person who registered by mail;] and
             (4) [(6)]  securing an additional ballot if the voter's
original ballot is spoiled.
       SECTION 2.  Section 65.011, Election Code, is amended to
read as follows:
       Sec. 65.011.  OVERVOTING.  If [Except as provided by Section
65.007(c) or (d), if] a voter marks the ballot for more candidates
for an office than the number of persons to be elected for that
office, none of the votes may be counted for that office.
       SECTION 3.  Section 105.002(c), Election Code, is amended to
read as follows:
       (c)  The secretary of state shall prescribe the form of the
ballot to allow a voter to cast a vote in each federal, state, or
local race in the election. The ballot must allow a voter to write
in the name of a candidate [or, if applicable, cast a straight-party
vote].
       SECTION 4.  Section 122.001(a), Election Code, is amended to
read as follows:
       (a)  A voting system may not be used in an election unless the
system:
             (1)  preserves the secrecy of the ballot;
             (2)  is suitable for the purpose for which it is
intended;
             (3)  operates safely, efficiently, and accurately and
complies with the error rate standards of the voting system
standards adopted by the Federal Election Commission;
             (4)  is safe from fraudulent or unauthorized
manipulation;
             (5)  permits voting on all offices and measures to be
voted on at the election;
             (6)  prevents counting votes on offices and measures on
which the voter is not entitled to vote;
             (7)  prevents counting votes by the same voter for more
than one candidate for the same office or, in elections in which a
voter is entitled to vote for more than one candidate for the same
office, prevents counting votes for more than the number of
candidates for which the voter is entitled to vote;
             (8)  prevents counting a vote on the same office or
measure more than once;
             (9)  permits write-in voting; and
             (10)  [is capable of permitting straight-party voting;
and
             [(11)]  is capable of providing records from which the
operation of the voting system may be audited.
       SECTION 5.  Sections 1.005(20), 52.071, 64.004, 65.007,
122.001(b), 124.001, 124.003(d), 124.063(d), and 232.050(d),
Election Code, are repealed.
       SECTION 6.  This Act takes effect September 1, 2007.