86R2009 ADM-D

By: Hall S.B. No. 74

A BILL TO BE ENTITLED

AN ACT

relating to voting and election procedures; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.075, Election Code, is amended to read as follows:

Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING SYSTEMS. The secretary of state may prescribe the form and content of a ballot for an election using a voting system, including an electronic voting system [or a voting system that uses direct recording electronic voting machines], to conform to the formatting requirements of the system.

SECTION 2. Sections 85.001(a) and (c), Election Code, are amended to read as follows:

(a) The period for early voting by personal appearance begins on the 10th [17th] day before election day and continues through the fourth day before election day, except as otherwise provided by this section.

(c) If the date prescribed by Subsection (a) [or (b)] for beginning the period is a Saturday, Sunday, or legal state holiday, the early voting period begins on the next regular business day, except as otherwise provided by Section 85.006.

SECTION 3. Section 85.005(d), Election Code, is amended to read as follows:

(d) In an election ordered by a city, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours[:

[(1)] on one weekday[, if the early voting period consists of less than six weekdays; or

[(2) on two weekdays, if the early voting period consists of six or more weekdays].

SECTION 4. Sections 85.006(a), (d), and (e), Election Code, are amended to read as follows:

(a) Except as provided by Subsection (b), the authority ordering an election may order early voting by personal appearance at the main early voting polling place to be conducted on a Saturday or Sunday [one or more Saturdays or Sundays] during the early voting period.

(d) The authority authorized to order early voting on a Saturday or Sunday under Subsection (a) or (b) shall order the voting under the applicable subsection on receipt of a written request submitted by at least 15 registered voters of the territory covered by the election. The request must be submitted in time to enable compliance with Section 85.007. The authority [is not required to order the voting on a particular date specified by the request but] shall order the voting on [at least one] Saturday if [a] Saturday is requested and on [at least one] Sunday if [a] Sunday is requested.

(e) In a primary election or the general election for state and county officers in a county with a population of 100,000 or more, the early voting clerk shall order personal appearance voting at the main early voting polling place to be conducted for at least 12 hours on [the last] Saturday and for at least five hours on [the last] Sunday during [of] the early voting period. The early voting clerk shall order voting to be conducted at those times in those elections in a county with a population under 100,000 on receipt of a written request for those hours submitted by at least 15 registered voters of the county. The request must be submitted in time to enable compliance with Section 85.007. This subsection supersedes any provision of this subchapter to the extent of any conflict.

SECTION 5. Section 85.010(b), Election Code, is amended to read as follows:

(b) A political subdivision that holds an election described by Subsection (a) shall designate as an early voting polling place for the election any early voting polling place[, other than a polling place established under Section 85.062(e),] established by the county and located in the political subdivision.

SECTION 6. Sections 85.062(a) and (b), Election Code, are amended to read as follows:

(a) Except as provided by Subsection (d) [or (e)], one or more early voting polling places other than the main early voting polling place may be established by:

(1) the commissioners court, for an election in which the county clerk is the early voting clerk; or

(2) the governing body of the political subdivision served by the authority ordering the election, for an election in which a person other than the county clerk is the early voting clerk.

(b) A polling place established under this section may be located, subject to Subsection (d), at any place in the territory served by the early voting clerk and may be located in any stationary structure as directed by the authority establishing the branch office. The polling place may be located in a movable structure, but the structure may not change locations during the early voting period [in the general election for state and county officers, general primary election, or runoff primary election]. Ropes or other suitable objects may be used at the polling place to ensure compliance with Section 62.004. Persons who are not expressly permitted by law to be in a polling place shall be excluded from the polling place to the extent practicable.

SECTION 7. Section 85.063, Election Code, is amended to read as follows:

Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR TEMPORARY BRANCH. Early voting by personal appearance at each permanent or temporary branch polling place shall be conducted on the same days and during the same hours as voting is conducted at the main early voting polling place.

SECTION 8. Section 85.068(a), Election Code, is amended to read as follows:

(a) The early voting clerk shall post notice for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted at a temporary branch polling place [under Section 85.064(d) or 85.065(b)], if the early voting clerk is a county clerk or city secretary under Section 83.002 or 83.005.

SECTION 9. Section 122.001, Election Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) Effective September 1, 2029, a voting system may not be used in an election if the voting system does not use a paper record or produce a paper receipt that can be used to verify the tabulation of electronic voting system results.

SECTION 10. Subchapter A, Chapter 123, Election Code, is amended by adding Section 123.010 to read as follows:

Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM PROHIBITED. Except as necessary to comply with Section 61.012, an authority may not adopt a voting system that uses direct recording electronic voting machines.

SECTION 11. Section 128.001, Election Code, is amended by adding Subsection (d) to read as follows:

(d) The secretary of state shall compile procedures adopted under this section for voting and for reconciliation of votes cast using computerized voting systems into a list. The list of procedures must apply uniformly across the state.

SECTION 12. Section 216.001, Election Code, is amended to read as follows:

Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter applies only to:

(1) an election that results in a tie vote as provided by Sections 2.002(i), 2.023(b) and (c), and 2.028; or

(2) a precinct described by Section 216.006.

SECTION 13. Chapter 216, Election Code, is amended by adding Section 216.006 to read as follows:

Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This section applies to a precinct that has completed a vote count under Chapter 65 in which the total number of ballots counted differs by at least 0.5 percent from the number of people who signed the precinct's signature roster under Section 63.002.

(b) The presiding judge of a precinct described by Subsection (a) shall conduct a recount under this chapter.

(c) A person commits an offense if the person canvasses a precinct's returns prior to the completion of a recount required by this section. An offense under this subsection is a Class A misdemeanor.

SECTION 14. (a) The following provisions of the Election Code are repealed:

(1) Section 32.002(c-1);

(2) Section 43.004(c);

(3) Section 43.007;

(4) Section 66.058(g);

(5) Sections 85.001(b) and (e);

(6) Section 85.062(e);

(7) Section 85.064;

(8) Section 85.065;

(9) Section 127.201(g);

(10) Chapter 129; and

(11) Section 213.016.

(b) Section 33.05, Penal Code, is repealed.

SECTION 15. The change in law made by this Act in repealing Section 33.05, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 16. This Act takes effect September 1, 2019.