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A BILL TO BE ENTITLED
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AN ACT
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relating to certain election practices and procedures; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 2.051, Election Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections 2.055 and 2.056, this |
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subchapter applies only to an election for officers of a political |
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subdivision other than a county in which write-in votes may be |
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counted only for names appearing on a list of write-in candidates |
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and in which[:
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[(1)] each candidate for an office that is to appear on |
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the ballot is unopposed, except as provided by Subsection (b)[; and
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[(2)no proposition is to appear on the ballot]. For |
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purposes of this section, a special election of a political |
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subdivision is considered to be a separate election with a separate |
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ballot from: |
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(1) a general election for officers of the political |
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subdivision held at the same time as the special election; or |
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(2) another special election of the political |
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subdivision held at the same time as the special election. |
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SECTION 2. Section 2.053, Election Code, is amended to read |
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as follows: |
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Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of |
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the certification, the governing body of the political subdivision |
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by order or ordinance may declare each unopposed candidate elected |
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to the office. If no election is to be held on election day by the |
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political subdivision, a copy of the order or ordinance shall be |
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posted on election day at each polling place used or that would have |
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been used in the election. |
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(b) If a declaration is made under Subsection (a), the |
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election is not held. [A copy of the order or ordinance shall be
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posted on election day at each polling place that would have been
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used in the election.] |
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(c) The ballots used at a separate election held at the same |
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time as an election that would have been held if the candidates were |
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not declared elected under this section shall include the offices |
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and names of the candidates declared elected under this section |
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listed separately after the measures or contested races in the |
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separate election under the heading "Unopposed Candidates Declared |
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Elected." The candidates shall be grouped in the same relative |
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order prescribed for the ballot generally. No votes are cast in |
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connection with the candidates. |
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(d) The secretary of state by rule may prescribe any |
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additional procedures necessary to accommodate a particular voting |
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system or ballot style and to facilitate the efficient and |
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cost-effective implementation of this section. |
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(e) A certificate of election shall be issued to each |
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candidate in the same manner and at the same time as provided for a |
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candidate elected at the election. The candidate must qualify for |
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the office in the same manner as provided for a candidate elected at |
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the election. |
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SECTION 3. Subsection (a), Section 2.054, Election Code, is |
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amended to read as follows: |
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(a) In an election that may be subject to this subchapter, a |
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[A] person commits an offense if by intimidation or by means of |
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coercion the person influences or attempts to influence a person |
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to: |
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(1) not file an application for a place on the ballot |
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or a declaration of write-in candidacy; or |
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(2) withdraw as a candidate [in an election that may be
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subject to this subchapter]. |
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SECTION 4. Chapter 2, Election Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. CANCELLATION OF ELECTIONS |
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Sec. 2.081. CANCELLATION OF MOOT MEASURE. (a) If an |
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authority that orders an election on a measure determines that the |
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action to be authorized by the voters may not be taken, regardless |
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of the outcome of the election, the authority may declare the |
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measure moot and remove the measure from the ballot. |
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(b) If a measure is declared moot under this section and is |
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removed from the ballot, the authority holding the election shall |
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post notice of the declaration during early voting by personal |
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appearance and on election day, at each polling place that would |
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have been used for the election on the measure. |
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Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED. |
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An authority that orders an election may cancel the election only if |
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the power to cancel the election is specifically provided by |
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statute. |
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SECTION 5. Subsection (a), Section 4.004, Election Code, is |
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amended to read as follows: |
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(a) The notice of a general or special election must state: |
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(1) the nature and date of the election; |
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(2) except as provided by Subsection (c), the location |
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of each polling place, including each early voting polling place; |
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(3) the hours that the polls will be open; and |
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(4) any other information required by other law. |
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SECTION 6. Subsection (a), Section 16.031, Election Code, |
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is amended to read as follows: |
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(a) The registrar shall cancel a voter's registration |
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immediately on receipt of: |
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(1) notice under Section 13.072(b) or 15.021 or a |
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response under Section 15.053 that the voter's residence is outside |
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the county; |
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(2) an abstract of the voter's death certificate under |
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Section 16.001(a) or an abstract of an application indicating that |
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the voter is deceased under Section 16.001(b); |
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(3) an abstract of a final judgment of the voter's |
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mental incompetence, conviction of a felony, or disqualification |
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under Section 16.002, 16.003, or 16.004; |
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(4) notice under Section 112.012 that the voter has |
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applied for a limited ballot in another county; |
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(5) notice from a voter registration official in |
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another state that the voter has registered to vote outside this |
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state; [or] |
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(6) notice from the early voting clerk under Section |
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101.0041 that a federal postcard application submitted by an |
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applicant states a voting residence address located outside the |
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registrar's county; or |
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(7) notice from the secretary of state that the voter |
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has registered to vote in another county, as determined by the |
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voter's driver's license number or personal identification card |
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number issued by the Department of Public Safety or social security |
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number. |
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SECTION 7. Section 32.002, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) The presiding judge and alternate presiding judge must |
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be affiliated or aligned with different political parties, subject |
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to this subsection. Before July of each year, the county chair of a |
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political party whose candidate for governor received the highest |
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or second highest number of votes in the county cast for a candidate |
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nominated by a political party in the most recent gubernatorial |
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general election shall submit in writing to the commissioners court |
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a list of names of persons in order of preference for each precinct |
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who are eligible for appointment as an election judge. The county |
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chair may supplement the list of names of persons until the 20th day |
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before a general election or the 15th day before a special election |
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in case an appointed election judge becomes unable to serve. The |
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commissioners court shall appoint the first person meeting the |
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applicable eligibility requirements from the list submitted in |
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compliance with this subsection by the party with the highest |
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number of votes in the precinct as the presiding judge and the first |
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person meeting the applicable eligibility requirements from the |
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list submitted in compliance with this subsection by the party with |
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the second highest number of votes in the precinct as the alternate |
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presiding judge. The commissioners court may reject the list if the |
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persons whose names are submitted on the list are determined not to |
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meet the applicable eligibility requirements. |
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(g) If, since the most recent gubernatorial general |
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election, the boundaries of a precinct have been changed, the |
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number of votes received in the precinct by a political party's |
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gubernatorial candidate shall be estimated as provided by Section |
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141.070 for the purpose of determining which political party's |
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candidate for governor received the highest or second highest |
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number of votes in the county. |
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SECTION 8. Section 32.034, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) The county chair of a political party whose candidate |
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for governor received the highest or second highest number of votes |
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in the county cast for a candidate nominated by a political party in |
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the most recent gubernatorial general election may, not later than |
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the 25th day before a general election or the 10th day before a |
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special election to which Subsection (a) applies, submit to a |
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presiding judge a list containing the names of at least two persons |
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who are eligible for appointment as a clerk. If a timely list is |
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submitted, the presiding judge shall appoint at least one clerk |
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from the list, except as provided by Subsection (c). |
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(f) If, since the most recent gubernatorial general |
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election, the boundaries of a precinct have been changed, the |
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number of votes received in the precinct by a political party's |
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gubernatorial candidate shall be estimated as provided by Section |
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141.070 for the purpose of determining which political party's |
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candidate for governor received the highest or second highest |
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number of votes in the county. |
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SECTION 9. Subsection (a), Section 33.058, Election Code, |
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is amended to read as follows: |
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(a) While on duty, a watcher may not: |
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(1) converse with an election officer regarding the |
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election, except to call attention to an irregularity or violation |
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of law; |
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(2) converse with a voter; [or] |
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(3) communicate in any manner with a voter regarding |
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the election; |
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(4) use a mobile telephone; or |
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(5) use any mechanical or electronic means of |
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recording images or sound. |
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SECTION 10. Subsection (a), Section 41.0052, Election Code, |
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is amended to read as follows: |
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(a) The governing body of a political subdivision other than |
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a county may, not later than December 31, 2007 [2005], change the |
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date on which it holds its general election for officers to another |
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authorized uniform election date. |
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SECTION 11. Subsection (e), Section 85.001, Election Code, |
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is amended to read as follows: |
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(e) For an election held on the uniform election date in May |
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and any resulting runoff election, the period for early voting by |
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personal appearance begins on the 12th day before election day and |
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continues through the fourth day before election day. |
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SECTION 12. Subsection (f), Section 86.006, Election Code, |
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is amended to read as follows: |
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(f) A person commits an offense if the person knowingly |
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possesses an official ballot or official carrier envelope provided |
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under this code to another. Unless the person possessed the ballot |
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or carrier envelope with intent to defraud the voter or the election |
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authority, it is an exception to the application of [affirmative
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defense to prosecution under] this subsection that the person, on |
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the date of the offense, was: |
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(1) related to the voter within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Subchapter B, Chapter 573, Government Code; |
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(2) registered to vote at the same address as the |
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voter; |
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(3) an early voting clerk or a deputy early voting |
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clerk; |
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(4) a person who possesses the carrier envelope in |
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order to deposit the envelope in the mail or with a common or |
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contract carrier and who provides the information required by |
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Section 86.0051(b) in accordance with that section; |
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(5) an employee of the United States Postal Service |
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working in the normal course of the employee's authorized duties; |
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or |
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(6) a common or contract carrier working in the normal |
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course of the carrier's authorized duties if the official ballot is |
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sealed in an official carrier envelope that is accompanied by an |
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individual delivery receipt for that particular carrier envelope. |
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SECTION 13. Chapter 101, Election Code, is amended by |
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adding Section 101.0041 to read as follows: |
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Sec. 101.0041. ACTION BY EARLY VOTING CLERK ON CERTAIN |
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APPLICATIONS. The early voting clerk shall notify the voter |
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registrar of a federal postcard application submitted by an |
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applicant that states a voting residence address located outside |
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the registrar's county. |
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SECTION 14. Section 123.035, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A contract for the acquisition of direct recording |
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electronic voting machine equipment may not prohibit the |
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transportation of the equipment across county lines, and a contract |
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provision that violates this subsection is void. |
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SECTION 15. Subchapter A, Chapter 125, Election Code, is |
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amended by adding Section 125.010 to read as follows: |
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Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN |
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AUTHORIZED. (a) In this section, "voting system technician" means |
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a person who as a vocation repairs, assembles, maintains, or |
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operates voting system equipment. |
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(b) On the request of the authority holding the election, a |
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voting system technician may be present at a polling place, a |
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meeting of the early voting ballot board, or a central counting |
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station for the purpose of repairing, assembling, maintaining, or |
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operating voting system equipment. |
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SECTION 16. Subchapter B, Chapter 141, Election Code, is |
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amended by adding Section 141.040 to read as follows: |
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Sec. 141.040. NOTICE OF DEADLINES. Not later than the 30th |
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day before the first day on which a candidate may file an |
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application for a place on the ballot under this subchapter, the |
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authority with whom the application must be filed shall post notice |
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of the dates of the filing period in a public place in a building in |
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which the authority has an office. |
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SECTION 17. Subsection (a), Section 146.0301, Election |
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Code, as amended by Chapters 1107 and 1109, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted to read as |
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follows: |
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(a) A write-in candidate may not withdraw from the election |
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after the 67th day before election day. |
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SECTION 18. Subsection (a), Section 201.054, Election Code, |
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is amended to read as follows: |
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(a) Except as provided by Subsection (f), a candidate's |
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application for a place on a special election ballot must be filed |
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not later than: |
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(1) 5 p.m. of the 62nd [67th] day before election day, |
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if election day is on or after the 70th day after the date the |
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election is ordered; |
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(2) 5 p.m. of the 31st day before election day, if |
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election day is on or after the 36th day and before the 70th day |
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after the date the election is ordered; or |
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(3) 5 p.m. of a day fixed by the authority ordering the |
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election, which day must be not earlier than the fifth day after the |
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date the election is ordered and not later than the 20th day before |
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election day, if election day is before the 36th day after the date |
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the election is ordered. |
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SECTION 19. Subsections (b) through (i), Section 213.013, |
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Election Code, are amended to read as follows: |
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(b) In a recount of an election on an office, each candidate |
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for the office is entitled to be present at the recount and have |
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watchers [representatives] present in the number corresponding to |
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the number of counting teams designated for the recount. If only |
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one counting team is designated or the recount is conducted on |
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automatic tabulating equipment, each candidate is entitled to two |
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watchers [representatives]. |
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(c) In a recount of an election on an office for which a |
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political party has a nominee or for which a candidate is aligned |
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with a political party, the party is entitled to have watchers |
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[representatives] present in the same number prescribed for |
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candidates under Subsection (b). |
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(d) In a recount of an election on a measure, watchers |
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[representatives] may be appointed by the campaign treasurer or |
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assistant campaign treasurer of a specific-purpose political |
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committee that supports or opposes the measure in the number |
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corresponding to the number of counting teams designated for the |
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recount. If only one counting team is designated or the recount is |
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conducted on automatic tabulating equipment, each eligible |
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specific-purpose political committee is entitled to two watchers |
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[representatives]. |
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(e) A watcher [representative] appointed to serve at a |
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recount must deliver a certificate of appointment to the recount |
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committee chair at the time the watcher [representative] reports |
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for service. A watcher [representative] who presents himself or |
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herself for service at any time immediately before or during the |
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recount and submits a proper certificate of appointment must be |
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accepted for service unless the number of appointees to which the |
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appointing authority is entitled have already been accepted. |
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(f) The certificate must be in writing and must include: |
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(1) the printed name and the signature of the watcher |
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[representative]; |
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(2) the election subject to the recount; |
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(3) the time and place of the recount; |
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(4) the measure, candidate, or political party being |
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represented; |
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(5) the signature and the printed name of the person |
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making the appointment; and |
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(6) an indication of the capacity in which the |
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appointing authority is acting. |
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(g) If the watcher [representative] is accepted for |
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service, the recount committee chair shall keep the certificate and |
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deliver it to the recount coordinator after the recount for |
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preservation under Section 211.007. If the watcher |
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[representative] is not accepted for service, the recount committee |
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chair shall return the certificate to the watcher [representative] |
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with a signed statement of the reason for the rejection. |
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(h) Each person entitled to be present at a recount is |
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entitled to observe any activity conducted in connection with the |
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recount. The person is entitled to sit or stand conveniently near |
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the officers conducting the observed activity and near enough to an |
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officer who is announcing the votes or examining or processing the |
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ballots to verify that the ballots are counted or processed |
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correctly or to an officer who is tallying the votes to verify that |
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they are tallied correctly. Rules concerning a watcher's |
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[representative's] rights, duties, and privileges are otherwise |
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the same as those prescribed by this code for poll watchers to the |
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extent they can be made applicable. |
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(i) No mechanical or electronic means of recording images or |
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sound are allowed inside the room in which the recount is conducted, |
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or in any hallway or corridor in the building in which the recount |
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is conducted within 30 feet of the entrance to the room, while the |
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recount is in progress. However, on request of a person entitled to |
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appoint watchers [representatives] to serve at the recount, the |
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recount committee chair shall permit the person to photocopy under |
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the chair's supervision any ballot, including any supporting |
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materials, challenged by the person or person's watcher |
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[representative]. The person must pay a reasonable charge for |
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making the copies and, if no photocopying equipment is available, |
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may supply that equipment at the person's expense. The person shall |
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provide a copy on request to another person entitled to appoint |
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watchers [representatives] to serve at the recount. |
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SECTION 20. Subsections (a), (b), and (c), Section 271.002, |
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Election Code, are amended to read as follows: |
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(a) If the elections ordered by the authorities of two or |
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more political subdivisions are to be held on the same day in all or |
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part of the same county [territory], the governing bodies of the |
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political subdivisions may enter into an agreement to hold the |
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elections jointly in the election precincts that can be served by |
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common polling places, subject to Section 271.003. |
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(b) If an election ordered by the governor and the elections |
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ordered by the authorities of one or more political subdivisions |
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are to be held on the same day in all or part of the same county |
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[territory], the commissioners court of a county in which the |
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election ordered by the governor is to be held and the governing |
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bodies of the other political subdivisions may enter into an |
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agreement to hold the elections jointly in the election precincts |
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that can be served by common polling places, subject to Section |
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271.003. |
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(c) If another law requires two or more political |
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subdivisions to hold a joint election, the governing body of any |
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other political subdivision holding an election on the same day in |
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all or part of the same county [territory] in which the joint |
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election is to be held may enter into an agreement to participate in |
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the joint election with the governing bodies of the political |
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subdivisions holding the joint election. |
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SECTION 21. Subsection (b), Section 61.012, Election Code, |
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is repealed. |
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SECTION 22. (a) Except as otherwise provided by this |
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section, the changes in law made by this Act apply only to an |
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election ordered on or after September 1, 2007. |
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(b) The governing body of a political subdivision other than |
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a county may change an election date as authorized by Subsection |
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(a), Section 41.0052, Election Code, as amended by this Act, at any |
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time on or after September 1, 2007. |
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(c) The change in law made by this Act to Subsection (f), |
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Section 86.006, Election Code, as amended by this Act, applies only |
|
to conduct described by that section that occurs on or after |
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September 1, 2007. Conduct occurring before that date is governed |
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by the law in effect when the conduct occurred, and the former law |
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is continued in effect for that purpose. |
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(d) Subsection (a-1), Section 123.035, Election Code, as |
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added by this Act, applies only to a contract executed on or after |
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September 1, 2007. A contract executed before that date is governed |
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by the law in effect when the contract was executed, and the former |
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law is continued in effect for that purpose. |
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SECTION 23. This Act takes effect September 1, 2007. |