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A BILL TO BE ENTITLED
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AN ACT
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relating to ballot instructions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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amended by adding Section 52.0695 to read as follows: |
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Sec. 52.0695. GENERAL BALLOT INSTRUCTION. (a) In addition |
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to any other required ballot instructions, a ballot must contain an |
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instruction that clearly and unambiguously describes the reasons |
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that a vote may not be counted or may be counted in a different |
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manner than the voter expects or intends. An instruction required |
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by this subsection must describe the effect of not properly marking |
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a paper ballot, if a paper ballot is used. |
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(b) The secretary of state by rule shall prescribe the |
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specific instruction to be included on a ballot under this section. |
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(c) Failure to comply with this section is not grounds for a |
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civil action or an action or contest challenging the validity or |
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result of an election in which the ballot instruction required by |
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this section was not given to one or more voters. |
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SECTION 2. Section 52.071, Election Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) An instruction under this section shall also describe: |
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(1) the effect of a straight-party vote if the vote |
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would not apply to all elections on the ballot; and |
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(2) any circumstances under which casting a vote for |
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an individual candidate will negate a straight-party vote or |
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otherwise cause a vote for a nominee of the same party to not be |
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recorded or counted. |
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(d) The secretary of state shall by rule prescribe the |
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specific instructions to be included under Subsection (c). Failure |
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to comply with Subsection (c) is not grounds for a civil action or |
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an action or contest challenging the validity or result of an |
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election in which the ballot instruction described by Subsection |
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(c) was not given to one or more voters. |
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SECTION 3. Subchapter A, Chapter 124, Election Code, is |
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amended by adding Section 124.007 to read as follows: |
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Sec. 124.007. WARNING FOR CERTAIN VOTING ACTIONS. (a) |
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Where practicable, electronic voting systems shall provide for a |
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clearly worded warning to appear if a voter attempts to cast a vote, |
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make a selection, or take another related action that could lead to |
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an unexpected result. |
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(b) The secretary of state shall by rule prescribe warning |
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language for each voting system approved for use in the state. |
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(c) Failure to comply with this section is not grounds for a |
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civil action or an action or contest challenging the validity or |
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result of an election in which the warning required by this section |
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was not given to one or more voters. |
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SECTION 4. The changes in law made by this Act apply only to |
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an election held on or after January 1, 2010. An election held |
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before January 1, 2010, is governed by the law in effect when the |
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election is held, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |