| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to ballot instructions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 52.071, Election Code, is amended by |
|
|
adding Subsections (c) and (d) to read as follows: |
|
|
(c) An instruction under this section shall also describe: |
|
|
(1) the effect of a straight-party vote if the vote |
|
|
would not apply to all elections on the ballot; and |
|
|
(2) any circumstances under which casting a vote for |
|
|
an individual candidate will negate a straight-party vote or |
|
|
otherwise cause a vote for a nominee of the same party to not be |
|
|
recorded or counted. |
|
|
(d) The secretary of state shall by rule prescribe the |
|
|
specific instructions to be included under Subsection (c). Failure |
|
|
to comply with Subsection (c) is not grounds for a civil action or |
|
|
an action or contest challenging the validity or result of an |
|
|
election in which the ballot instruction described by Subsection |
|
|
(c) was not given to one or more voters. |
|
|
SECTION 2. Subchapter A, Chapter 124, Election Code, is |
|
|
amended by adding Section 124.007 to read as follows: |
|
|
Sec. 124.007. WARNING FOR CERTAIN VOTING ACTIONS. (a) |
|
|
Where practicable, electronic voting systems shall provide for a |
|
|
clearly worded warning to appear if a voter attempts to cast a vote, |
|
|
make a selection, or take another related action that could cancel a |
|
|
prior selection, change a prior selection, or cancel or change a |
|
|
straight-party selection made by the voter. |
|
|
(b) The secretary of state shall determine when the warning |
|
|
described by Subsection (a) is necessary and shall by rule |
|
|
prescribe warning language for each voting system approved for use |
|
|
in the state. |
|
|
(c) Failure to comply with this section is not grounds for a |
|
|
civil action or an action or contest challenging the validity or |
|
|
result of an election in which the warning required by this section |
|
|
was not given to one or more voters. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an election held on or after January 1, 2012. An election held |
|
|
before January 1, 2012, is governed by the law in effect when the |
|
|
election is held, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |