86R19667 SRS-F
 
  By: González of Dallas H.B. No. 1459
 
  Substitute the following for H.B. No. 1459:
 
  By:  Klick C.S.H.B. No. 1459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of early voting boards, including the
  signature verification committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 87.002, Election Code, is amended to
  read as follows:
         Sec. 87.002.  COMPOSITION OF BOARD.  (a)  The early voting
  ballot board consists of a presiding judge, an alternate presiding
  judge, and at least two other members.
         (b)  Except as provided by Subsection (d), the presiding
  judge and the alternate presiding judge are [is] appointed in the
  same manner as a presiding election judge under Section 32.002.
  Except as provided by Subsection (c), the other members are
  appointed by the presiding judge in the same manner as the precinct
  election clerks.
         (c)  In the general election for state and county officers,
  each county chair of a political party with nominees on the general
  election ballot shall submit to the county election board a list of
  names of persons eligible to serve on the early voting ballot board.  
  The county election board shall appoint at least one person from
  each list to serve as a member of the early voting ballot board. The
  same number of members must be appointed from each list. If a
  political party does not submit a list, the county election board
  may make appointments to the board as necessary from any political
  party.
         (d)  In addition to the members appointed under Subsection
  (c), the county election board shall appoint the presiding judge
  from the list provided under that subsection by the political party
  whose nominee for governor received the most votes in the county in
  the most recent gubernatorial general election and the alternate
  presiding judge from the list provided under that subsection by the
  political party whose nominee for governor received the second most
  votes in the county in the most recent gubernatorial general
  election.
         SECTION 2.  Sections 87.027(d), (i), and (j), Election Code,
  are amended to read as follows:
         (d)  The early voting clerk shall determine the number of
  members who are to compose the signature verification committee and
  shall state that number in the order calling for the committee's
  appointment. A committee must consist of not fewer than five
  members. In an election in which party alignment is indicated on
  the ballot, each county chair of a political party with a nominee or
  aligned candidate on the ballot shall submit to the appointing
  authority a list of names of persons eligible to serve on the
  signature verification committee. The authority shall appoint at
  least two persons from each list to serve as members of the
  committee. The same number of members must be appointed from each
  list. The authority shall appoint the chair of the committee from
  the list provided by the political party whose nominee for governor
  received the most votes in the county in the most recent
  gubernatorial general election. The authority shall also appoint a
  vice chair of the committee from the list provided by a political
  party whose nominee for governor received the second most votes in
  the county in the most recent gubernatorial general election.  If a
  political party does not submit a list, the authority may make
  appointments as needed from any political party. A vacancy on the
  committee shall be filled by appointment from the original list or
  from a new list submitted by the appropriate county chair.
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  voter. While the committee is reviewing signatures, an equal
  number of committee members from each political party that
  submitted a list of names shall be present to the extent
  practicable. The committee may also compare the signatures with
  any two or more signatures of the voter made within the preceding
  six years and on file with the county clerk or voter registrar to
  determine whether the signatures are those of the voter.  Except as
  provided by Subsection (l), a determination under this subsection
  that the signatures are not those of the voter must be made by a
  majority vote of the committee's membership. If a tie vote of the
  committee's membership occurs, the signatures are considered to be
  those of the voter. The committee shall place the jacket envelopes,
  carrier envelopes, and applications of voters whose signatures are
  not those of the voter in separate containers from those of voters
  whose signatures are those of the voter.  The committee chair shall
  deliver the sorted materials to the early voting ballot board at the
  time specified by the board's presiding judge.
         (j)  If a signature verification committee is appointed, the
  early voting ballot board shall follow the same procedure for
  accepting the early voting ballots voted by mail as in an election
  without a signature verification committee, except that the board
  may not determine whether a voter's signatures on the carrier
  envelope certificate and ballot application are those of the same
  person if the committee has determined that the signatures are
  those of the same person. If the committee has determined that the
  signatures are not those of the same person, the board may make a
  determination that the signatures are those of the same person by a
  [majority] vote of at least one-half of the board's membership. If
  a tie vote of the board's membership occurs, the signatures are
  considered to be those of the same person.
         SECTION 3.  This Act takes effect September 1, 2019.