By: Hochberg H.B. No. 1117
A BILL TO BE ENTITLED
AN ACT
relating to certain instructions on election ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code is
amended by adding Section 52.075 to read as follows:
Sec. 52.075. Additional Instructions and Warnings for Voting
Systems Required (a) Ballot instructions shall clearly and
unambiguously indicate to a voter the reasons that a vote may not
count or may count in a different manner than the voter would expect
or intend. This shall include, at a minimum:
(1) instructions to clarify the effect of a straight
party vote where the vote would not apply to all elections on the
ballot;
(2) circumstances where a vote for an individual
candidate may override a straight ticket selection; and
(3) the impact of not properly marking a paper ballot.
(b) Where practicable, electronic voting systems shall
include a clearly worded warning, in addition to the instructions
required by Subsection (a), which would appear if the voter
attempted to take an action that could lead to an unexpected result.
(c) The secretary of state shall by rule prescribe specific
instructions and warning language for each voting system approved
for use in the state.
SECTION 2. The change in law made by this Act applies only
to an election held on or after January 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.