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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, including |
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provisions relating to the conduct of elections, voting systems, |
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and recounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.072, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (e) and (f) to read |
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as follows: |
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(a) Unless the registrar challenges the applicant, the |
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registrar shall approve the application if: |
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(1) the registrar determines that an application |
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complies with Section 13.002 and indicates that the applicant is |
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eligible for registration; and |
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(2) except as provided by Subsection (e) or (f), for an |
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applicant who has not included a statement described by Section |
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13.002(c)(8) [13.002(c)(8)(C)], the registrar verifies with the |
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secretary of state: |
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(A) the applicant's Texas driver's license number |
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or number of a personal identification card issued by the |
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Department of Public Safety; or |
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(B) the last four digits of the applicant's |
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social security number. |
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(e) The registrar shall approve the application of an |
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applicant who otherwise meets the qualifications for registration |
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but states on the application that the applicant has not been issued |
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an identification number described by Section 13.002(c)(8). The |
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registrar shall mark the list of registered voters with an |
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annotation indicating that the voter whose application is approved |
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under this subsection must provide a document or a copy of a |
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document described by Section 63.0101 the first time the voter |
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seeks to vote by appearing for voting in person or applying for a |
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ballot to be voted by mail. |
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(f) If the secretary of state is unable to verify the |
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applicant's Texas driver's license number, the number of a personal |
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identification card issued to the applicant by the Department of |
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Public Safety, or the last four digits of the applicant's social |
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security number, the voter registrar shall approve the application |
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and mark the list of registered voters with an annotation |
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indicating that the voter whose application is approved under this |
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subsection must provide a document or a copy of a document described |
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by Section 63.0101 the first time the voter seeks to vote by |
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appearing for voting in person or applying for a ballot to be voted |
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by mail. |
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SECTION 2. Subsection (a), Section 18.005, Election Code, |
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is amended to read as follows: |
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(a) Each original and supplemental list of registered |
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voters must: |
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(1) contain the voter's name, residence address, date |
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of birth, and registration number as provided by the statewide |
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computerized voter registration list; |
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(2) be arranged alphabetically by voter name; |
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(3) contain the notation required by Section 15.111; |
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and |
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(4) [until Section 13.122(d) expires,] identify each |
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voter [registered by mail for the first time] who failed to provide |
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an identification number described by Section 13.002(c)(8) and each |
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voter whose identification number was not able to be verified by the |
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secretary of state with an annotation indicating that the voter |
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must provide a document or a copy of a document described by Section |
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63.0101 the first time the voter seeks to vote [establishing the
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voter's identity at the time of registration]. |
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SECTION 3. Subchapter D, Chapter 31, Election Code, is |
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amended by adding Section 31.101 to read as follows: |
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Sec. 31.101. DISPUTE RESOLUTION FOR CONTRACT NEGOTIATION. |
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(a) At the request of a party or on its own, the secretary of state |
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may refer parties unable to agree to a contract under Section 31.092 |
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or 31.093 to an alternative dispute resolution process. |
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(b) For any alternative dispute resolution process, the |
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parties, or the secretary of state if the parties do not agree, |
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shall select an impartial third party whose qualifications meet the |
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requirements of Section 154.052, Civil Practice and Remedies Code. |
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The services of a qualified impartial third party may be obtained |
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through an agreement with the Center for Public Policy Dispute |
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Resolution at The University of Texas School of Law or an |
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alternative dispute resolution system established under Chapter |
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152, Civil Practice and Remedies Code. |
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(c) The cost of the alternative dispute resolution process |
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shall be specified in the agreement between the parties and the |
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Center for Public Policy Dispute Resolution or the alternative |
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dispute resolution system established under Chapter 152, Civil |
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Practice and Remedies Code. |
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(d) If the parties do not resolve their conflict through the |
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alternative dispute resolution process, the secretary of state may |
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prescribe the terms of the contract or instruct the parties not to |
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enter into a contract. |
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SECTION 4. Section 32.051, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (f) to read as |
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follows: |
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(c) Except as provided by Subsection (f), to [To] be |
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eligible to serve as a clerk of an election precinct, a person must |
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be a qualified voter: |
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(1) of the county, in a countywide election ordered by |
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the governor or a county authority or in a primary election; |
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(2) of the part of the county in which the election is |
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held, for an election ordered by the governor or a county authority |
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that does not cover the entire county of the person's residence; or |
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(3) of the political subdivision, in an election |
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ordered by an authority of a political subdivision other than a |
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county. |
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(f) A person who is 16 years of age or older, a United States |
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citizen, and a student of good standing at a public or private |
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secondary school may be an election clerk. The county clerk or |
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elections administrator of a county in which a student will serve as |
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an election clerk as provided by this section shall work with the |
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county's secondary schools to identify students eligible to serve |
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as clerks under this section. Not more than two clerks eligible |
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under this section may serve at a polling place, except that not |
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more than four clerks eligible under this section may serve at any |
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countywide polling place. A school district shall excuse a student |
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from attending school for the purpose of serving as an election |
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clerk under this section. |
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SECTION 5. Subsection (d), Section 123.032, Election Code, |
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is amended to read as follows: |
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(d) The maximum amount that a county in which a political |
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subdivision is wholly or partly situated may charge the political |
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subdivision for leasing county-owned equipment is 10 percent of the |
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purchase price of the equipment [for each day the equipment is
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leased]. |
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SECTION 6. Section 212.112, Election Code, is amended to |
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read as follows: |
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Sec. 212.112. AMOUNT OF DEPOSIT. The [(a)
Subject to
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Subsection (d), the] amount of the recount deposit is [determined
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by the number of precincts for which a recount is requested in the
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document that the deposit accompanies, in accordance with the
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following schedule]: |
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(1) $60 [five times the maximum hourly rate of pay for
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election judges,] for each [a] precinct in which[:
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[(A)] regular paper ballots were used; and |
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(2) $100 for each precinct in which an electronic |
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voting system was used [(B)
electronic voting system ballots,
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other than printed images of ballots cast using direct recording
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electronic voting machines, are to be recounted manually; or
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[(C)
both write-in votes and voting system votes
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are to be recounted;
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[(2)
10 times the maximum hourly rate of pay for
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election judges, for a precinct in which printed images of ballots
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cast using direct recording electronic voting machines are to be
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recounted manually;
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[(3)
three times the maximum hourly rate of pay for
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election judges, for a precinct in which ballots are to be recounted
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by automatic tabulating equipment and no write-in votes are to be
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recounted; and
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[(4)
two times the maximum hourly rate of pay for
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election judges, for a precinct in which:
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[(A)
voting machines were used and no write-in
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votes are to be recounted; or
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[(B)
only the write-in votes cast in connection
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with a voting system are to be recounted]. |
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[(b)
In a recount of an election for which a majority vote is
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required for nomination or election to an office, the rate
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prescribed by Subsection (a)(1)(C) applies to each precinct in
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which a voting system was used, regardless of whether any write-in
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votes were cast in the precinct, if:
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[(1)
the original election results show that write-in
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votes were cast in the election; and
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[(2)
an exclusion of write-in votes from the recount
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is not obtained under Section 212.136.
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[(c)
If more than one method of voting is used for early
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voting, each additional method of voting used for the early voting
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shall be treated as constituting an additional precinct in
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determining the amount of a recount deposit for a recount of early
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voting votes.
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[(d)
The minimum amount of a deposit accompanying a petition
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for a recount is $50.] |
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SECTION 7. Subsection (b), Section 25.087, Education Code, |
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is amended to read as follows: |
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(b) A school district shall excuse a student from attending |
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school for the purpose of observing religious holy days, including |
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traveling for that purpose. A school district shall excuse a |
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student from attending school for the purpose of serving as an |
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election clerk. A school district shall excuse a student for |
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temporary absence resulting from health care professionals if that |
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student commences classes or returns to school on the same day of |
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the appointment. A student whose absence is excused under this |
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subsection may not be penalized for that absence and shall be |
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counted as if the student attended school for purposes of |
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calculating the average daily attendance of students in the school |
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district. A student whose absence is excused under this subsection |
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shall be allowed a reasonable time to make up school work missed on |
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those days. If the student satisfactorily completes the school |
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work, the day of absence shall be counted as a day of compulsory |
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attendance. |
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SECTION 8. (a) Except as provided by Subsection (b) of |
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this 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) Subsections (e) and (f), Section 13.072, Election Code, |
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as added by this Act, apply only to a person who submits an |
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application to register to vote on or after the effective date of |
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this Act. |
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SECTION 9. This Act takes effect September 1, 2007. |
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* * * * * |