80R9503 ATP-D

By: Duncan S.B. No. 1647

A BILL TO BE ENTITLED

AN ACT

relating to certain election practices and procedures, including provisions relating to the conduct of elections, voting systems, and recounts.

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

SECTION 1. Section 13.072, Election Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:

(a) Unless the registrar challenges the applicant, the registrar shall approve the application if:

(1) the registrar determines that an application complies with Section 13.002 and indicates that the applicant is eligible for registration; and

(2) except as provided by Subsection (e) or (f), for an applicant who has not included a statement described by Section 13.002(c)(8) [13.002(c)(8)(C)], the registrar verifies with the secretary of state:

(A) the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; or

(B) the last four digits of the applicant's social security number.

(e) The registrar shall approve the application of an applicant who otherwise meets the qualifications for registration but states on the application that the applicant has not been issued an identification number described by Section 13.002(c)(8). The registrar shall mark the list of registered voters with an annotation indicating that the voter whose application is approved under this subsection must provide a document or a copy of a document described by Section 63.0101 the first time the voter seeks to vote by appearing for voting in person or applying for a ballot to be voted by mail.

(f) If the secretary of state is unable to verify the applicant's Texas driver's license number, the number of a personal identification card issued to the applicant by the Department of Public Safety, or the last four digits of the applicant's social security number, the registrar shall reject the application and send the applicant a notice of rejection for incompleteness under Section 13.073. If the applicant responds to the notice of rejection and the secretary of state is still unable to verify the provided identification number, the voter registrar shall approve the application and mark the list of registered voters with an annotation indicating that the voter whose application is approved under this subsection must provide a document or a copy of a document described by Section 63.0101 the first time the voter seeks to vote by appearing for voting in person or applying for a ballot to be voted by mail.

SECTION 2. Section 18.005(a), Election Code, is amended to read as follows:

(a) Each original and supplemental list of registered voters must:

(1) contain the voter's name, residence address, date of birth, and registration number as provided by the statewide computerized voter registration list;

(2) be arranged alphabetically by voter name;

(3) contain the notation required by Section 15.111; and

(4) [until Section 13.122(d) expires,] identify each voter [registered by mail for the first time] who failed to provide an identification number described by Section 13.002(c)(8) and each voter whose identification number was not able to be verified by the secretary of state with an annotation indicating that the voter must provide a document or a copy of a document described by Section 63.0101 the first time the voter seeks to vote [establishing the voter's identity at the time of registration].

SECTION 3. Section 31.092(a), Election Code, is amended to read as follows:

(a) If requested to do so, the [The] county election officer shall [may] contract with the governing body of a political subdivision situated wholly or partly in the county served by the officer to perform election services, as provided by this subchapter, in any one or more elections ordered by an authority of the political subdivision.

SECTION 4. Subchapter D, Chapter 31, Election Code, is amended by adding Section 31.101 to read as follows:

Sec. 31.101. DISPUTE RESOLUTION FOR CONTRACT NEGOTIATION. (a) At the request of a party or on its own, the secretary of state may refer parties unable to agree to a contract under Section 31.092 or 31.093 to an alternative dispute resolution process.

(b) For any alternative dispute resolution process, the parties, or the secretary of state if the parties do not agree, shall select an impartial third party whose qualifications meet the requirements of Section 154.052, Civil Practice and Remedies Code. The services of a qualified impartial third party may be obtained through an agreement with the Center for Public Policy Dispute Resolution at The University of Texas School of Law or an alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code.

(c) The cost of the alternative dispute resolution process shall be specified in the agreement between the parties and the Center for Public Policy Dispute Resolution or the alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code.

(d) If the parties do not resolve their conflict through the alternative dispute resolution process, the secretary of state shall prescribe the terms of the contract or instruct the parties not to enter into a contract.

SECTION 5. Section 32.051, Election Code, is amended by amending Subsection (c) and adding Subsection (f) to read as follows:

(c) Except as provided by Subsection (f), to [To] be eligible to serve as a clerk of an election precinct, a person must be a qualified voter:

(1) of the county, in a countywide election ordered by the governor or a county authority or in a primary election;

(2) of the part of the county in which the election is held, for an election ordered by the governor or a county authority that does not cover the entire county of the person's residence; or

(3) of the political subdivision, in an election ordered by an authority of a political subdivision other than a county.

(f) A person who is 16 years of age or older, a United States citizen, and a student of good standing at a public or private secondary school may be an election clerk. The county clerk or elections administrator shall work with the county's secondary schools to identify students eligible to serve as clerks under this section. Not more than two clerks eligible under this section may serve at a polling place, except that not more than four clerks eligible under this section may serve at any countywide polling place. A school district shall excuse a student from attending school for the purpose of serving as an election clerk under this section.

SECTION 6. Section 123.032(d), Election Code, is amended to read as follows:

(d) The maximum amount that a county in which a political subdivision is wholly or partly situated may charge the political subdivision for leasing county-owned equipment is 10 percent of the purchase price of the equipment [for each day the equipment is leased].

SECTION 7. Section 212.112, Election Code, is amended to read as follows:

Sec. 212.112. AMOUNT OF DEPOSIT. The [(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) $60 [five times the maximum hourly rate of pay for election judges,] for each [a] precinct in which[:

[(A)] regular paper ballots were used; and

(2) $100 for each precinct in which an electronic voting system was used [(B) electronic voting system ballots, other than 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 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].

[(b) In a recount of an election for which a majority vote is required for nomination or election to an office, the rate prescribed by Subsection (a)(1)(C) applies to each precinct in which a voting system was used, regardless of whether any write-in votes were cast in the precinct, if:

[(1) the original election results show that write-in votes were cast in the election; and

[(2) an exclusion of write-in votes from the recount is not obtained under Section 212.136.

[(c) If more than one method of voting is used for early voting, each additional method of voting used for the early voting shall be treated as constituting an additional precinct in determining the amount of a recount deposit for a recount of early voting votes.

[(d) The minimum amount of a deposit accompanying a petition for a recount is $50.]

SECTION 8. Section 25.087(b), Education Code, is amended to read as follows:

(b) A school district shall excuse a student from attending school for the purpose of observing religious holy days, including traveling for that purpose. A school district shall excuse a student from attending school for the purpose of serving as an election clerk. A school district shall excuse a student for temporary absence resulting from health care professionals if that student commences classes or returns to school on the same day of the appointment. A student whose absence is excused under this subsection may not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this subsection shall be allowed a reasonable time to make up school work missed on those days. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance.

SECTION 9. The changes in law made by this Act apply only to an election ordered on or after September 1, 2007.

SECTION 10. This Act takes effect September 1, 2007.