89R13576 MLH-D

By: Hall S.B. No. 1982

A BILL TO BE ENTITLED

AN ACT

relating to the location of polling places during early voting and on election day.

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

SECTION 1. Section 1.005, Election Code, is amended by adding Subdivision (21-a) to read as follows:

(21-a) "Voting center" means a polling place created under Section 42.0052.

SECTION 2. Section 4.003(b), Election Code, is amended to read as follows:

(b) In addition to any other notice given for an election under Subsection (a), not later than the 21st day before election day, a county shall post a copy of a notice of the election given by the county or provided to the county under Section 4.008(a), which must include the location of each polling place, on the county's Internet website, if the county maintains a website. For each voting center created under Section 42.0052, the notice must include the location of the voting center and the precincts assigned to that voting center. An authority responsible for giving notice of an election may post a copy of the notice on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision that the authority serves. If a county does not maintain a website, the authority responsible for giving notice of the election shall post a copy of a notice of the election on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision that the authority serves. [For each precinct that is combined to form a consolidated precinct under Section 42.008, not later than the 10th day before election day, the authority shall also post, at the polling place used in the preceding general election, notice of the precinct's consolidation and the location of the polling place in the consolidated precinct.] A notice posted under this subsection must remain posted continuously through election day.

SECTION 3. Section 4.004(d), Election Code, is amended to read as follows:

(d) If precincts are assigned to a voting center [consolidated] under Section 42.0052 [42.008], the notice must state which precincts have been assigned [combined] to [form] each voting center [consolidated precinct] in addition to the locations of the voting centers [polling places in the consolidated precincts].

SECTION 4. Sections 31.014(a) and (c), Election Code, are amended to read as follows:

(a) The secretary of state shall prescribe specific requirements and standards, consistent with this code, for the certification of an electronic device used to accept voters under Chapter 63 that require the device to:

(1) produce an electronic copy of the list of voters who were accepted to vote for delivery to the election judge after the polls close;

(2) display the voter's original signature in accordance with Section 63.002;

(3) accept a voter for voting even when the device is off-line;

(4) provide the full list of voters registered in the county with an indication of the jurisdictional or distinguishing number for each territorial unit in which each voter resides;

(5) time-stamp when each voter is accepted at a polling place, including the voter's unique identifier;

(6) if the county [participates in the countywide polling place program under Section 43.007 or] has more than one early voting polling place, transmit a time stamp when each voter is accepted, including the voter's unique identifier, to all polling place locations;

(7) time-stamp the receipt of a transmission under Subdivision (6); and

(8) produce in an electronic format compatible with the statewide voter registration list under Section 18.061 data for retention and transfer that includes:

(A) the polling location in which the device was used;

(B) the dated time stamp under Subdivision (5); and

(C) the dated time stamp under Subdivision (7).

(c) The secretary of state shall adopt rules that require a device described by this section used during the early voting period [or under the countywide polling place program under Section 43.007] to update data in real time. If a county uses a device that does not comply with the rule in two consecutive general elections for state and county officers, the secretary of state shall assess a noncompliance fee. The noncompliance fee shall be set at an amount determined by secretary of state rule.

SECTION 5. Section 32.003, Election Code, is amended to read as follows:

Sec. 32.003. JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY ELECTION PRECINCTS]. If election precincts are assigned to a voting center [consolidated in a special election in which the regular county election precincts are required to be used], the commissioners court shall appoint the election judges to serve in each voting center [consolidated precinct] from among the judges appointed for the precincts assigned to the voting center [comprising the consolidated precinct].

SECTION 6. Section 32.0511(d), Election Code, is amended to read as follows:

(d) Not more than two student election clerks may serve at a polling place[, except that not more than four student election clerks may serve at any countywide polling place].

SECTION 7. Section 42.002(b), Election Code, is amended to read as follows:

(b) Except as provided by Section 42.0052 [Sections 42.008 and 42.009], county election precincts may not be combined or consolidated for an election.

SECTION 8. Section 42.005(a), Election Code, is amended to read as follows:

(a) A county election precinct[, including a consolidated precinct,] may not contain territory from more than one of each of the following types of territorial units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district; or

(6) a State Board of Education district.

SECTION 9. Subchapter A, Chapter 42, Election Code, is amended by adding Section 42.0052 to read as follows:

Sec. 42.0052. VOTING CENTERS. (a) The commissioners court may create one or more voting centers in the county. Except as provided by this section, a voting center is a polling place and is subject to all laws applicable to a polling place.

(b) The commissioners court may assign one or more election precincts to a voting center. A precinct that is assigned to a voting center may not operate a separate polling place for the precinct.

(c) Election precincts assigned to a voting center may not serve a total of more than 5,000 registered voters.

(d) If the commissioners court creates more than one voting center, the number of voters served by the smallest voting center in the county may not be less than 95 percent of the number of voters served by the largest voting center in the county.

SECTION 10. Section 42.006(a), Election Code, is amended to read as follows:

(a) A [Except as provided by this section and Section 42.0051, a] county election precinct must contain at least 100 but not more than 5,000 registered voters.

SECTION 11. Section 43.002(b), Election Code, is amended to read as follows:

(b) If county election precincts are assigned to a voting center under Section 42.0052 [consolidated], the commissioners court shall designate the location of the voting center [polling place for the consolidated precinct].

SECTION 12. Section 43.003, Election Code, is amended to read as follows:

Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is assigned to a voting center under Section 42.0052 [consolidated]. In that case, the county executive committee shall designate the location of the voting center.

SECTION 13. Section 85.061(b), Election Code, is amended to read as follows:

(b) The [In an election in which a temporary branch polling place is established under Section 85.062(a)(1) or (d), the] commissioners court may provide by resolution, order, or other official action that any one or more of the county clerk's regularly maintained branch clerical offices are not to be branch early voting polling places in the election.

SECTION 14. Section 85.062(a), Election Code, is amended to read as follows:

(a) Early [Except as provided by Subsection (d) or (e), one or more early] voting polling places other than the main early voting polling place shall [may] be established at each location where voting will take place on election day 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.

SECTION 15. Section 172.1112(a), Election Code, is amended to read as follows:

(a) The county clerk shall post a notice of the election and a notice of voting center locations [consolidated precincts], if applicable, in the manner prescribed by Section 4.003(b) for general and special elections. The notice of the election shall be posted on the county's Internet website, if the county maintains a website. If the county does not maintain a website, the notice shall be posted on the bulletin board used for posting notice of meetings of the commissioners court.

SECTION 16. Sections 172.126(b) and (c), Election Code, are amended to read as follows:

(b) The county clerk shall determine whether to assign [consolidate] election precincts to a voting center under Section 42.0052 [42.009] and shall designate the location of the voting center [polling place in a consolidated precinct]. To the extent possible, a polling place shall be designated that will accommodate the precinct conventions of each political party. If a polling place or voting center[, whether for a regular or consolidated precinct,] is not suitable for more than one precinct convention, the polling place may be used by the party whose candidate for governor received the most votes in the county in the most recent gubernatorial general election.

(c) One set of election officers shall conduct the primary elections at each polling place. Not later than the second Monday in December preceding the primary elections, each county chair shall deliver to the county clerk a list of the names of the election judges and clerks for that party. The presiding judge of each party, or alternate judge if applicable, serves as a co-judge for the precinct. If an eligible presiding co-judge and alternate co-judge cannot be found to serve for a particular party in a precinct, a joint primary may not be conducted in that precinct, and that precinct must be assigned to a voting center [consolidated with another precinct] that has an eligible presiding co-judge and alternate co-judge to serve for each party. The county clerk shall appoint the election clerks in accordance with rules prescribed by the secretary of state. The secretary of state shall prescribe the maximum number of clerks that may be appointed for each precinct. The early voting ballot board and any central counting station shall also be composed of and administered by one set of election officers that provides representation for each party, and the secretary of state by rule shall prescribe procedures consistent with this subsection for the appointment of those officers.

SECTION 17. Section 172.128(c), Election Code, is amended to read as follows:

(c) The county clerk may assign [combine] voting precincts for an election held under this section to voting centers to the extent necessary to adequately serve the voters.

SECTION 18. Section 173.007(c), Election Code, is amended to read as follows:

(c) Rules adopted under this section do not limit a political party's authority under this code to assign [consolidate] election precincts to a voting center for a primary election.

SECTION 19. Section 173.081(f), Election Code, is amended to read as follows:

(f) A statement submitted by a county chair must also include a notice of the county election precincts to be assigned to a voting center [consolidated] for the election, if any.

SECTION 20. The following provisions of the Election Code are repealed:

(1) Section 4.003(e);

(2) Section 32.002(c-1);

(3) Section 42.0051;

(4) Section 42.008;

(5) Section 42.009;

(6) Section 43.004(c);

(7) Section 43.007;

(8) Sections 85.062(b), (d), (f), and (f-1);

(9) Section 85.064(d); and

(10) Section 85.066.

SECTION 21. This Act applies only to an election ordered on or after the effective date of this Act.

SECTION 22. This Act takes effect September 1, 2025.