82R5089 JRJ-D
 
  By: Taylor of Galveston H.B. No. 2817
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain election practices and procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 18.064, Election Code, is amended to
  read as follows:
         Sec. 18.064.  SANCTION FOR NONCOMPLIANCE. If a registrar
  fails to substantially comply with Section 15.083, 16.032,
  [18.042,] or 18.061 or with rules adopted by the secretary of state
  implementing the statewide computerized voter registration list,
  the registrar is not entitled to receive state funds for financing
  voter registration in the county.
         SECTION 2.  Section 18.065(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state shall monitor each registrar for
  substantial compliance with Sections 15.083, 16.032, [18.042,] and
  18.061 and with rules implementing the statewide computerized voter
  registration list.
         SECTION 3.  Subchapter C, Chapter 18, Election Code, is
  amended by adding Section 18.068 to read as follows:
         Sec. 18.068.  VOTING HISTORY. Not later than the 30th day
  after the date of the primary, runoff primary, or general election
  or any special election ordered by the governor, the registrar
  shall electronically submit to the secretary of state the record of
  each voter participating in the election.
         SECTION 4.  Section 19.002(d), Election Code, is amended to
  read as follows:  
         (d)  The comptroller may not issue a warrant if on June 1 of
  the year in which the warrant is to be issued the most recent notice
  received by the comptroller from the secretary of state under
  Section 18.065 indicates that the registrar is not in substantial
  compliance with Section 15.083, 16.032, [18.042,] or 18.065 or with
  rules implementing the registration service program.
         SECTION 5.  Section 31.006, Election Code, is amended to
  read as follows:
         Sec. 31.006.  REFERRAL OF COMPLAINT TO ATTORNEY GENERAL.
  (a)  If, after receiving a complaint alleging criminal conduct in
  connection with an election, the secretary of state determines that
  there is reasonable cause to suspect that the alleged criminal
  conduct occurred, the secretary shall promptly refer the complaint
  to the attorney general. The secretary shall deliver to the
  attorney general all pertinent documents in the secretary's
  possession.
         (b)  The documents submitted to the attorney general under
  Subsection (a) are not considered public information until the
  attorney general has completed the investigation or has made a
  determination that the complaint referred does not warrant an
  investigation.
         SECTION 6.  Section 31.092(b), Election Code, is amended to
  read as follows:
         (b)  The county election officer may contract with the county
  executive committee of a political party holding a primary election
  in the county to perform election services, as provided by this
  subchapter, in the party's general primary election or runoff
  primary election, or both. [To be binding, a contract under this
  subsection must be approved in writing by the secretary of state,
  and the execution of a contract is not completed until written
  approval is obtained.]
         SECTION 7.  Section 31.093(a), Election Code, is amended to
  read as follows:
         (a)  If requested to do so by a political subdivision or
  political party, the county elections administrator shall enter
  into a contract to furnish the election services requested, in
  accordance with a cost schedule agreed on by the contracting
  parties. [If the contracting parties are unable to reach an
  agreement, on referral by either party, the secretary of state
  shall either prescribe terms that the administrator must accept or
  instruct the administrator to decline to enter into a contract with
  the requesting party.]
         SECTION 8.  Section 32.002(c), Election Code, is amended to
  read as follows:
         (c)  The presiding judge and alternate presiding judge must
  be affiliated or aligned with different political parties, subject
  to this subsection.  Before July of each year in a county to which
  Subsection (a)(1) applies or before August of each year in a county
  to which Subsection (a)(2) applies, the county chair of a political
  party whose candidate for governor received the highest or second
  highest number of votes in the county in the most recent
  gubernatorial general election shall submit in writing to the
  commissioners court a list of names of persons in order of
  preference for each precinct who are eligible for appointment as an
  election judge.  The county chair may supplement the list of names
  of persons until the 20th day before a general election or the 15th
  day before a special election in case an appointed election judge
  becomes unable to serve.  The commissioners court shall appoint the
  first person meeting the applicable eligibility requirements from
  the list submitted in compliance with this subsection by the party
  with the highest number of votes in the precinct as the presiding
  judge and the first person meeting the applicable eligibility
  requirements from the list submitted in compliance with this
  subsection by the party with the second highest number of votes in
  the precinct as the alternate presiding judge. If the candidates
  for governor of two political parties received the same number of
  votes in the precinct, the first person meeting the applicable
  eligibility requirements from the list submitted by the party whose
  candidate for governor received the highest number of votes in the
  county shall be appointed as the presiding judge and the first
  person meeting the applicable eligibility requirements from the
  list submitted by the party whose candidate for governor received
  the second highest number of votes in the county shall be appointed
  as the alternate presiding judge.  The commissioners court may
  reject the list if the persons whose names are submitted on the list
  are determined not to meet the applicable eligibility requirements.
         SECTION 9.  Section 33.006(b), Election Code, is amended to
  read as follows:
         (b)  A certificate of appointment must:
               (1)  be in writing and signed by the appointing
  authority or, for an appointment for a write-in candidate under
  Section 33.004, by each of the voters making the appointment;
               (2)  indicate the capacity in which the appointing
  authority is acting;
               (3)  state the name, residence address, and voter
  registration number of the appointee and be signed by the
  appointee;
               (4)  identify the election and the precinct polling
  place or other location at which the appointee is to serve;
               (5)  in an election on a measure, identify the measure
  if more than one is to be voted on and state which side of the
  measure the appointee represents; and
               (6)  contain an affidavit executed by the appointee
  stating that the appointee will not have possession of a device
  capable [any mechanical or electronic means] of recording images or
  sound or that the appointee will disable or deactivate the device
  while serving as a watcher.
         SECTION 10.  Section 33.051(c), Election Code, is amended to
  read as follows:
         (c)  A watcher may not be accepted for service if the watcher
  has possession of a device capable [any mechanical or electronic
  means] of recording images or sound unless the watcher agrees to
  disable or deactivate the device. The presiding judge may inquire
  whether a watcher has possession of any prohibited recording device
  before accepting the watcher for service.
         SECTION 11.  Sections 85.032(b), (d), and (f), Election
  Code, are amended to read as follows: 
         (b)  The ballot box in which voters deposit their marked
  early voting ballots must have two locks, each with a different key,
  and must be designed and constructed so that the box can be sealed
  to detect any unauthorized opening of the box and that the ballot
  slot can be sealed to prevent any unauthorized deposit in the box.
  The seals for the boxes must be serially numbered for each election.
  The procedures prescribed by Sections 127.064, 127.065, 127.066,
  and 127.068 governing the use of sealed ballot boxes in electronic
  voting system elections apply to the use of sealed ballot boxes
  under this title to the extent those procedures can be made
  applicable[, with references to the central counting station being
  applied to the early voting ballot board]. The secretary of state
  shall prescribe any procedures necessary to implement the use of
  sealed ballot boxes in early voting.
         (d)  Each custodian shall retain possession of the key
  entrusted to the custodian until it is delivered to the presiding
  judge of the central counting station [early voting ballot board
  under Subchapter B, Chapter 87].
         (f)  The secretary of state shall prescribe procedures
  providing for the security of the voted early voting ballots from
  the last day of voting by personal appearance at a polling place
  until the day the ballots are counted. [The procedures must include
  security measures covering the transfer of the ballots between the
  early voting clerk and the early voting ballot board.]
         SECTION 12.  Section 87.021, Election Code, is amended to
  read as follows:
         Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO
  BOARD. The early voting clerk shall deliver to the early voting
  ballot board:
               (1)  [each ballot box, in accordance with Section
  85.032(b), containing the early voting ballots voted by personal
  appearance and the clerk's key to each box;
               [(2)]  the jacket envelopes containing the early voting
  ballots voted by mail;
               (2) [(3)]  the poll lists prepared in connection with
  early voting by personal appearance;
               (3) [(4)]  the list of registered voters used in
  conducting early voting; and
               (4) [(5)]  a ballot transmittal form that includes a
  statement of the number of early voting ballots voted by mail that
  are delivered to the early voting ballot board [and the number of
  names appearing on the poll lists prepared in connection with early
  voting by personal appearance].
         SECTION 13.  Section 87.022, Election Code, is amended to
  read as follows:
         Sec. 87.022.  TIME OF DELIVERY:  GENERAL RULE. Except as
  provided by Section [87.0221,] 87.0222[, 87.023,] or 87.024, the
  materials shall be delivered to the early voting ballot board under
  this subchapter during the time the polls are open on election day,
  or as soon after the polls close as practicable, at the time or
  times specified by the presiding judge of the board.
         SECTION 14.  Section 112.002(a), Election Code, is amended
  to read as follows:
         (a)  After changing residence to another county, a person is
  eligible to vote a limited ballot by personal appearance during the
  early voting period or by mail if:
               (1)  the person would have been eligible to vote in the
  county of former residence on election day if still residing in that
  county;
               (2)  the person is registered to vote in the county of
  former residence at the time the person:
                     (A)  offers to vote in the county of new
  residence; or
                     (B)  submitted a voter registration application
  in the county of new residence; and
               (3)  a voter registration for the person in the county
  of new residence is not effective on or before election day.
         SECTION 15.  Section 127.007, Election Code, is amended to
  read as follows:
         Sec. 127.007.  PLAN FOR COUNTING STATION OPERATION. (a)  The
  manager shall establish and implement a written plan for the
  orderly operation of the central counting station.
         (b)  The plan required under this section must address the
  process for comparing the number of voters who signed the
  combination form with the number of votes cast for the entire
  election.
         SECTION 16.  Section 141.040, Election Code, is amended to
  read as follows:
         Sec. 141.040.  NOTICE OF DEADLINES. (a) The authority with
  whom [Not later than the 30th day before the first day on which a
  candidate may file] an application for a place on the ballot under
  this subchapter[, the authority with whom the application] must be
  filed shall post notice of the dates of the filing period in a
  public place in a building in which the authority has an office not
  later than the 30th day before:
               (1)  the first day on which a candidate may file the
  application; or
               (2)  the last day on which a candidate may file the
  application, if this code does not designate a first day on which
  the candidate may file the application.
         (b)  This section does not apply to an office filled at the
  general election for state and county officers.
         SECTION 17.  Section 145.001, Election Code, is amended by
  amending Subsection (b) and by adding Subsection (d-1) to read as
  follows:
         (b)  A [To be effective, a] withdrawal request must:
               (1)  be in writing and be signed and acknowledged by the
  candidate; and
               (2)  be timely filed with the appropriate authority or
  an agent of an authority only as expressly provided by this code.
         (d-1)  A withdrawal that is not filed in compliance with
  Subsection (b) has no legal effect and is not considered filed.
         SECTION 18.  Section 145.005, Election Code, is amended to
  read as follows:
         Sec. 145.005.  EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN,
  OR INELIGIBLE CANDIDATE. (a) If the name of a deceased, withdrawn,
  or ineligible candidate appears on the ballot under this chapter,
  the votes cast for the candidate shall be counted and entered on the
  official election returns in the same manner as for the other
  candidates.
         (b)  If the deceased, withdrawn, or ineligible candidate
  receives the vote required for election, the resulting vacancy
  shall be filled in the regular manner.
         (c)  If the deceased, withdrawn, or ineligible candidate and
  another candidate tie for the most votes in an election in which a
  plurality vote is sufficient for election, the other candidate is
  considered to be elected. If more than one other candidate is tied
  with the deceased, withdrawn, or ineligible candidate, the winner
  of the election shall be determined by resolving the tie between the
  other candidates in the regular manner for resolving a tie vote in
  the election.
         (d)  In a race in which a runoff is required, if the deceased,
  withdrawn, or ineligible candidate received the vote that would
  entitle the candidate to a place on the runoff election ballot or
  tied for that number of votes, the candidates in the runoff shall be
  determined in the regular manner but without regard to the votes
  received by the deceased, withdrawn, or ineligible candidate.
         SECTION 19.  Sections 145.092(a) and (d), Election Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this section, a
  candidate may not withdraw from an election after 5 p.m. of the
  third day after the deadline for filing the candidate's application
  for a place on the ballot [second day before the beginning of early
  voting by personal appearance].
         (d)  A candidate in a runoff election [following a main
  election subject to Subsection (b)] may not withdraw from the
  election after 5 p.m. of the third day after the date of the main
  election.
         SECTION 20.  Section 145.094(a), Election Code, is amended
  to read as follows:
         (a)  The name of a candidate shall be omitted from the ballot
  if the candidate:
               (1)  dies before the second day before the date of the
  deadline for filing the candidate's application for a place on the
  ballot;
               (2)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(a) [before 5 p.m. of the second
  day before the beginning of early voting by personal appearance],
  in an election subject to that section [Section 145.092(a)];
               (3)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(b) [before 5 p.m. of the 53rd day
  before election day], in an election subject to that section 
  [Section 145.092(b)]; or
               (4)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(f) [before 5 p.m. of the 67th day
  before election day], in an election subject to that section 
  [Section 145.092(f)].
         SECTION 21.  Section 172.052(a), Election Code, is amended
  to read as follows:
         (a)  A candidate for nomination may not withdraw from the
  general primary election after the first day after the deadline for
  filing the candidate's application for a place on the general
  primary election ballot [62nd day before general primary election
  day].
         SECTION 22.  Section 172.057, Election Code, is amended to
  read as follows:
         Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE
  CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
  candidate's name shall be omitted from the general primary election
  ballot if the candidate withdraws, dies, or is declared ineligible
  within the time prescribed by Section 172.052(a) [on or before the
  62nd day before general primary election day].
         SECTION 23.  Section 213.013(i), Election Code, is amended
  to read as follows:
         (i)  No device capable [mechanical or electronic means] of
  recording images or sound is [are] allowed inside the room in which
  the recount is conducted, or in any hallway or corridor in the
  building in which the recount is conducted within 30 feet of the
  entrance to the room, while the recount is in progress unless the
  person entitled to be present at the recount agrees to disable or
  deactivate the device.  However, on request of a person entitled to
  appoint watchers to serve at the recount, the recount committee
  chair shall permit the person to photocopy under the chair's
  supervision any ballot, including any supporting materials,
  challenged by the person or person's watcher.  The person must pay a
  reasonable charge for making the copies and, if no photocopying
  equipment is available, may supply that equipment at the person's
  expense.  The person shall provide a copy on request to another
  person entitled to appoint watchers to serve at the recount.
         SECTION 24.  Section 216.002, Election Code, is amended to
  read as follows:
         Sec. 216.002.  CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
  Except as otherwise provided by this chapter, this title, including
  the notice requirement of Section 213.009, applies to a recount
  conducted under this chapter with appropriate modifications as
  prescribed by the secretary of state.
         SECTION 25.  Section 232.008(c), Election Code, is amended
  to read as follows:
         (c)  A contestant must file the petition not later than the
  10th day after the date the official result is determined in a
  contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff is
  necessary according to the official result or will be necessary if
  the contestant prevails.
         SECTION 26.  Section 253.167, Election Code, is amended to
  read as follows:
         Sec. 253.167.  CERTIFICATION OF POPULATION; NOTICE OF
  CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
  subchapter only, not later than June 1 of each odd-numbered year,
  the commission [secretary of state] shall:
               (1)  make [deliver to the commission] a written
  certification of the population of each judicial district for which
  a candidate for judge or justice must file a campaign treasurer
  appointment with the commission; and
               (2)  deliver to the county clerk of each county a
  written certification of the county's population, if the county:
                     (A)  comprises an entire judicial district under
  Chapter 26, Government Code; or
                     (B)  has a statutory county court or statutory
  probate court, other than a multicounty statutory county court
  created under Subchapter D, Chapter 25, Government Code.
         (b)  Following [On receipt of the] certification of
  population under Subsection (a), the commission or county clerk, as
  appropriate, shall make available to each candidate for an office
  covered by this subchapter written notice of the contribution and
  expenditure limits applicable to the office the candidate seeks.
         SECTION 27.  Section 501.001, Election Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "Political subdivision" includes a justice
  precinct.
         SECTION 28.  Section 501.023(a), Election Code, is amended
  to read as follows:
         (a)  If 10 or more qualified voters of any county, justice
  precinct, or municipality file a written application and provide
  proof of publication of notice in a newspaper of general
  circulation in that political subdivision, the county clerk of the
  county shall issue to the applicants a petition to be circulated
  among the qualified voters of the political subdivision for the
  signatures of those qualified voters who desire that a local option
  election be called for the purpose of determining whether the sale
  of alcoholic beverages of one or more of the various types and
  alcoholic contents shall be prohibited or legalized in the
  political subdivision. The notice must include:
               (1)  the individual or entity that is applying for the
  petition to gather signatures for a local option liquor election;
               (2)  the type of local option liquor election;
               (3)  the name of the political subdivision in which the
  petition will be circulated; and
               (4)  the name and title of the person with whom the
  application will be filed.
         SECTION 29.  Section 501.108(a), Election Code, is amended
  to read as follows:
         (a)  If a county is not required to pay the initial expense,
  regardless of any authority to receive reimbursement, of a local
  option election under Section 501.107, the county clerk shall
  require the applicants for a petition for a local option election to
  make a deposit before the issuance of the petition.
         SECTION 30.  Sections 18.041, 18.042, 87.0221, 87.023, and
  145.092(c), Election Code, are repealed.
         SECTION 31.  This Act takes effect September 1, 2011.