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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of polling place locations during a |
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continuous period for voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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amended by adding Section 41.0015 to read as follows: |
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Sec. 41.0015. ELECTION PERIOD. In this title, "election |
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period" means the period beginning on the first day of early voting |
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by personal appearance as described under Section 85.001 and ending |
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when the polls close on election day. |
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SECTION 2. Subchapter A, Chapter 43, Election Code, is |
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amended by adding Section 43.008 to read as follows: |
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Sec. 43.008. ADDITIONAL POLLING PLACES DURING ELECTION |
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PERIOD. If the county clerk or commissioners court, as applicable, |
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determines that more polling places are needed during the election |
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period than the number initially opened, the county clerk or |
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commissioners court may open more polling places, but may not, for |
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any reason, close a polling place before the end of the election |
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period. |
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SECTION 3. Section 61.002, Election Code, is amended to |
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read as follows: |
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Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING. |
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(a) Immediately before opening the polls for voting on the first day |
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of the election period, the presiding election judge shall confirm |
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that each voting machine has any public counter reset to zero and |
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shall print the tape: |
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(1) that shows the counter was set to zero; and |
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(2) that shows the summary for each candidate and |
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measure on the ballot for each voting machine is set to zero. |
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(b) At the official time for opening the polls for voting, |
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an election officer shall open the polling place entrance and admit |
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the voters. |
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(c) Immediately after closing the polls for voting on the |
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last day of the election period, the presiding election judge shall |
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print the tape to show the summary for each candidate or ballot |
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measure for each voting machine. |
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(d) The precinct election judge, and an election official |
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aligned with a different political party, shall sign a tape printed |
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under this section. |
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(e) In this section, "election period" has the meaning |
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assigned by Section 41.0015. |
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SECTION 4. Sections 85.001(a) and (e), Election Code, are |
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amended to read as follows: |
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(a) The period for early voting by personal appearance |
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begins on the 14th [17th] day before election day and continues |
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through the opening of the polls on [the fourth day before] election |
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day, except as otherwise provided by this section. |
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(e) For an election held on the uniform election date in May |
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and any resulting runoff election, the period for early voting by |
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personal appearance begins on the 10th [12th] day before election |
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day and continues through the opening of the polls on [the fourth |
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day before] election day. |
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SECTION 5. Subchapter C, Chapter 125, Election Code, is |
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amended by adding Section 125.0635 to read as follows: |
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Sec. 125.0635. SECURING EQUIPMENT ON FAILURE OF EQUIPMENT. |
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(a) In this section, "election period" has the meaning assigned by |
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Section 41.0015. |
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(b) If a piece of electronic voting machine equipment fails |
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and is taken out of service during the election period, the |
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equipment and any associated memory card must be securely isolated |
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until the end of the election period. |
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SECTION 6. (a) The secretary of state shall conduct a study |
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regarding the practical effects of eliminating the gap between the |
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early voting period and election day. |
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(b) The secretary of state shall, not later than September |
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1, 2022, submit a report on the secretary's findings to the |
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legislature. |
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(c) The study must include information on how other states |
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conduct the voting period, the implications of the use of paper |
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ballots, and recommendations for statutory changes. |
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SECTION 7. This Act takes effect September 1, 2021. |
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