By: Bettencourt  S.B. No. 2071
         (In the Senate - Filed March 9, 2023; March 21, 2023, read
  first time and referred to Committee on State Affairs;
  April 13, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 2; April 13, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2071 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to automatic recounts of certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 216.001, Election Code, is amended to
  read as follows:
         Sec. 216.001.  APPLICABILITY OF CHAPTER. This chapter
  applies only to an election that results in:
               (1)  a tie vote as provided by Sections 2.002(i),
  2.023(b) and (c), and 2.028;
               (2)  a candidate defeated or eliminated by one-half of
  one percent or less of the votes cast for that office; or
               (3)  a measure submitted to voters that is approved or
  defeated by one-half of one percent or less of the votes cast on
  that measure.
         SECTION 2.  Section 216.004, Election Code, is amended to
  read as follows:
         Sec. 216.004.  COUNTING PROCEDURES. (a) The method of
  counting votes in an automatic recount consists of using a
  generally accepted sampling technique to sample the following for
  discrepancies:
               (1)  100 percent of electronic ballots;
               (2)  five percent of early voting ballots voted by
  mail;
               (3)  five percent of the polling place locations
  established for early voting; and
               (4)  five percent of the polling place locations
  established for election day [is the same method of counting used in
  the election that resulted in the tie vote].
         (b)  If the authority designated under Section 212.026
  determines there are discrepancies of one percent or greater for
  any of the four categories based on the statistical sample under
  Subsection (a), the authority shall order a recount under Section
  216.003.
         (c)  The secretary of state shall adopt rules and procedures
  for the implementation of this section.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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