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A BILL TO BE ENTITLED
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AN ACT
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relating to certain instructions on election ballots. |
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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 52.075 to read as follows: |
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Sec. 52.075. Additional Instructions and Warnings for Voting |
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Systems Required (a) Ballot instructions shall clearly and |
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unambiguously indicate to a voter the reasons that a vote may not |
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count or may count in a different manner than the voter would expect |
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or intend. This shall include, at a minimum: |
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(1) instructions to clarify the effect of a straight |
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party vote where the vote would not apply to all elections on the |
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ballot; |
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(2) circumstances where a vote for an individual |
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candidate may override a straight ticket selection; and |
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(3) the impact of not properly marking a paper ballot. |
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(b) Where practicable, electronic voting systems shall |
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include a clearly worded warning, in addition to the instructions |
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required by Subsection (a), which would appear if the voter |
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attempted to take an action that could lead to an unexpected result. |
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(c) The secretary of state shall by rule prescribe specific |
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instructions and warning language for each voting system approved |
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for use in the state. |
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SECTION 2. The change in law made by this Act applies only |
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to an election held on or after January 1, 2010. |
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SECTION 3. 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. |