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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of straight-party voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 62.011, Election Code, |
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is amended to read as follows: |
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(c) The poster must include instructions applicable to the |
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election on: |
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(1) marking and depositing the ballot; |
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(2) voting for a write-in candidate; |
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(3) [casting a straight-party vote;
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[(4)] casting a provisional ballot; |
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[(5)
until the expiration of Section 13.122(d), voting
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for the first time by a person who registered by mail;] and |
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(4) [(6)] securing an additional ballot if the voter's |
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original ballot is spoiled. |
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SECTION 2. Section 65.011, Election Code, is amended to |
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read as follows: |
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Sec. 65.011. OVERVOTING. If [Except as provided by Section
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65.007(c) or (d), if] a voter marks the ballot for more candidates |
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for an office than the number of persons to be elected for that |
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office, none of the votes may be counted for that office. |
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SECTION 3. Subsection (c), Section 105.002, Election Code, |
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is amended to read as follows: |
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(c) The secretary of state shall prescribe the form of the |
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ballot to allow a voter to cast a vote in each federal, state, or |
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local race in the election. The ballot must allow a voter to write |
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in the name of a candidate [or, if applicable, cast a straight-party
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vote]. |
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SECTION 4. Subsection (a), Section 122.001, Election Code, |
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is amended to read as follows: |
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(a) A voting system may not be used in an election unless the |
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system: |
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(1) preserves the secrecy of the ballot; |
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(2) is suitable for the purpose for which it is |
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intended; |
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(3) operates safely, efficiently, and accurately and |
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complies with the error rate standards of the voting system |
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standards adopted by the Federal Election Commission; |
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(4) is safe from fraudulent or unauthorized |
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manipulation; |
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(5) permits voting on all offices and measures to be |
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voted on at the election; |
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(6) prevents counting votes on offices and measures on |
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which the voter is not entitled to vote; |
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(7) prevents counting votes by the same voter for more |
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than one candidate for the same office or, in elections in which a |
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voter is entitled to vote for more than one candidate for the same |
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office, prevents counting votes for more than the number of |
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candidates for which the voter is entitled to vote; |
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(8) prevents counting a vote on the same office or |
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measure more than once; |
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(9) permits write-in voting; and |
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(10) [is capable of permitting straight-party voting;
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and
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[(11)] is capable of providing records from which the |
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operation of the voting system may be audited. |
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SECTION 5. The following provisions of the Election Code |
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are repealed: |
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(1) Subdivision (20), Section 1.005; |
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(2) Section 52.071; |
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(3) Section 64.004; |
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(4) Section 65.007; |
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(5) Subsection (b), Section 122.001; |
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(6) Section 124.001; |
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(7) Subsection (d), Section 124.003; |
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(8) Subsection (d), Section 124.063; and |
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(9) Subsection (d), Section 232.050. |
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SECTION 6. This Act takes effect September 1, 2009. |
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