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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of a recount of votes cast in an |
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election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.112, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Subject to Subsections [Subsection] (d) and (e), the |
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amount of the recount deposit is determined by the number of |
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precincts for which a recount is requested in the document that the |
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deposit accompanies, in accordance with the following schedule: |
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(1) five times the federal minimum wage [maximum
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hourly rate of pay for election judges], for a precinct in which: |
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(A) regular paper ballots were used; |
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(B) electronic voting system ballots, other than |
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printed images of ballots cast using direct recording electronic |
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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 federal minimum wage [maximum hourly
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rate of pay for election judges], for a precinct in which printed |
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images of ballots cast using direct recording electronic voting |
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machines are to be recounted manually; |
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(3) three times the federal minimum wage [maximum
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hourly rate of pay for election judges], for a precinct in which |
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ballots are to be recounted by automatic tabulating equipment and |
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no write-in votes are to be recounted; and |
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(4) two times the federal minimum wage [maximum hourly
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rate of pay for 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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(e) For a precinct described by more than one subdivision of |
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Subsection (a), the highest amount that would apply under |
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Subsection (a) applies to the precinct. |
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SECTION 2. Sections 213.013(b), (c), (d), (e), (f), (g), |
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(h), and (i), 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 3. Section 213.016, Election Code, is amended to |
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read as follows: |
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Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT |
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RECORDING ELECTRONIC VOTING MACHINES. During any printing of |
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images of ballots cast using direct recording electronic voting |
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machines for the purpose of a recount, the full recount committee is |
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not required to be present. The recount committee chair shall |
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determine how many committee members must be present during the |
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printing of the images. Each candidate is entitled to be present |
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and to have representatives present during the printing of the |
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images in the same number as [prescribed by] Section 213.013(b) |
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prescribes for watchers for a recount [during the printing of the
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images]. |
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SECTION 4. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. An |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |