87R6474 BRG-D

By: Paul H.B. No. 2265

A BILL TO BE ENTITLED

AN ACT

relating to the hours for voting during the early voting period.

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

SECTION 1. Section 85.005, Election Code, is amended to read as follows:

Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except as provided by Subsection (c), in an election in which a county clerk or city secretary is the early voting clerk under Section 83.002 or 83.005, early voting by personal appearance at the main early voting polling place shall be conducted on the weekdays of the early voting period and during the hours that the county clerk's or city secretary's main business office is regularly open for business, except that voting may not be conducted earlier than 7 a.m. or later than 7 p.m.[.]

(b) In an election to which Subsection (a) does not apply, early voting by personal appearance at the main early voting polling place shall be conducted at least eight hours each weekday of the early voting period that is not a legal state holiday unless the territory covered by the election has fewer than 1,000 registered voters. In that case, the voting shall be conducted at least three hours each day. The authority ordering the election, or the county clerk if that person is the early voting clerk, shall determine which hours the voting is to be conducted except that voting may not be conducted earlier than 7 a.m. or later than 7 p.m.[.]

(c) In a county with a population of 100,000 or more, the voting in a primary election or the general election for state and county officers shall be conducted at the main early voting polling place for [at least] 12 hours on each weekday of the last week of the early voting period, and the voting in a special election ordered by the governor shall be conducted at the main early voting polling place for [at least] 12 hours on each of the last two days of the early voting period. Voting shall be conducted in accordance with this subsection in those elections in a county with a population under 100,000 on receipt by the early voting clerk of a written request for the extended hours submitted by at least 15 registered voters of the county. The request must be submitted in time to enable compliance with Section 85.067.

(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 2. Sections 85.006(c) and (e), Election Code, are amended to read as follows:

(c) The authority ordering voting on a Saturday or Sunday shall determine the hours during which voting is to be conducted except that voting may not be conducted earlier than 7 a.m. or later than 7 p.m.[.]

(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 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 3. Section 85.010(c), Election Code, is amended to read as follows:

(c) A shared polling place established under Subsection (b) that is designated as a main early voting polling place by any political subdivision:

(1) must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place under Section 85.002 for the political subdivision making the designation; and

(2) may not be open for voting earlier than 7 a.m. or later than 7 p.m.[.]

SECTION 4. Section 85.064, Election Code, is amended by adding Subsection (c) to read as follows:

(c) Early voting by personal appearance at a temporary branch polling place may not be conducted earlier than 7 a.m. or later than 7 p.m.

SECTION 5. This Act takes effect September 1, 2021.