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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing counties to conduct elections using |
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countywide polling. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 31.014(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) The secretary of state shall prescribe specific |
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requirements and standards, consistent with this code, for the |
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certification of an electronic device used to accept voters under |
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Chapter 63 that require the device to: |
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(1) produce an electronic copy of the list of voters |
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who were accepted to vote for delivery to the election judge after |
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the polls close; |
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(2) display the voter's original signature in |
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accordance with Section 63.002; |
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(3) accept a voter for voting even when the device is |
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off-line; |
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(4) provide the full list of voters registered in the |
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county with an indication of the jurisdictional or distinguishing |
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number for each territorial unit in which each voter resides; |
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(5) time-stamp when each voter is accepted at a |
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polling place, including the voter's unique identifier; |
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(6) if the county establishes [participates in the] |
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countywide polling places [place program] under Section 43.007 or |
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has more than one early voting polling place, transmit a time stamp |
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when each voter is accepted, including the voter's unique |
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identifier, to all polling place locations; |
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(7) time-stamp the receipt of a transmission under |
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Subdivision (6); and |
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(8) produce in an electronic format compatible with |
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the statewide voter registration list under Section 18.061 data for |
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retention and transfer that includes: |
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(A) the polling location in which the device was |
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used; |
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(B) the dated time stamp under Subdivision (5); |
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and |
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(C) the dated time stamp under Subdivision (7). |
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(c) The secretary of state shall adopt rules that require a |
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device described by this section used during the early voting |
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period or in a county that establishes [under the] countywide |
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polling places [place program] under Section 43.007 to update data |
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in real time. If a county uses a device that does not comply with |
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the rule in two consecutive general elections for state and county |
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officers, the secretary of state shall assess a noncompliance fee. |
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The noncompliance fee shall be set at an amount determined by |
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secretary of state rule. |
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SECTION 2. Section 42.0051(a), Election Code, is amended to |
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read as follows: |
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(a) This section applies only to a county with a population |
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of less than 1.2 million that does not establish [participate in |
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the] countywide polling places [place program] described by Section |
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43.007. |
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SECTION 3. The heading to Section 43.007, Election Code, is |
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amended to read as follows: |
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Sec. 43.007. COUNTYWIDE POLLING PLACES [PLACE PROGRAM]. |
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SECTION 4. Sections 43.007(a), (f), and (g), Election Code, |
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are amended to read as follows: |
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(a) Each [The secretary of state shall implement a program |
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to allow each] commissioners court may [participating in the |
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program to] eliminate county election precinct polling places and |
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establish countywide polling places for: |
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(1) any election required to be conducted by the |
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county; |
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(2) any election held as part of a joint election |
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agreement with a county under Chapter 271; |
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(3) any election held under contract for election |
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services with a county under Subchapter D, Chapter 31; |
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(4) each primary election and runoff primary election |
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if: |
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(A) the county chair or county executive |
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committee of each political party participating in a joint primary |
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election under Section 172.126 agrees to the use of countywide |
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polling places; or |
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(B) the county chair or county executive |
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committee of each political party required to nominate candidates |
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by primary election agrees to use the same countywide polling |
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places; and |
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(5) each election of a political subdivision located |
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in the county that is held jointly with an election described by |
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Subdivision (3) or (4). |
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(f) In selecting countywide polling places, a county must |
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adopt a methodology for determining where each polling place will |
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be located. The total number of countywide polling places may not |
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be less than: |
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(1) except as provided by Subdivision (2), 50 percent |
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of the number of precinct polling places that would otherwise be |
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located in the county for that election; or |
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(2) for an election held in the first year in which the |
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county establishes countywide polling places under this section |
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[participates in the program], 65 percent of the number of precinct |
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polling places that would otherwise be located in the county for |
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that election. |
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(g) A county that uses countywide polling places under this |
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section [participating in the program] must establish a plan to |
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provide notice informing voters of the changes made to the |
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locations of polling places [under the program]. The plan must |
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require that notice of the location of the nearest countywide |
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polling place be posted on election day at each polling place used |
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in the previous general election for state and county officers that |
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is not used as a countywide polling place. |
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SECTION 5. Sections 43.007(b), (c), (d), (i), (j), (k), and |
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(l), Election Code, are repealed. |
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SECTION 6. This Act takes effect September 1, 2025. |