By: Hochberg (Senate Sponsor - Ellis) H.B. No. 1117
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on State
Affairs; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1117 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to ballot instructions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.0695 to read as follows:
Sec. 52.0695. GENERAL BALLOT INSTRUCTION. (a) In addition
to any other required ballot instructions, a ballot must contain an
instruction that clearly and unambiguously describes how to cast a
ballot using the voting equipment on which the voter's ballot will
be cast and includes an explanation of actions by the voter that may
change or otherwise affect a prior selection by the voter. An
instruction required by this subsection must describe the effect of
not properly marking a paper ballot, if a paper ballot is used.
(b) The secretary of state shall determine when the
instruction described by Subsection (a) is necessary and by rule
shall prescribe the specific instruction to be included on a ballot
under this section.
(c) Failure to comply with this section is not grounds for a
civil action or an action or contest challenging the validity or
result of an election in which the ballot instruction required by
this section was not given to one or more voters.
SECTION 2. Section 52.071, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) An instruction under this section shall also describe:
(1) the effect of a straight-party vote if the vote
would not apply to all elections on the ballot; and
(2) any circumstances under which casting a vote for
an individual candidate will negate a straight-party vote or
otherwise cause a vote for a nominee of the same party to not be
recorded or counted.
(d) The secretary of state shall by rule prescribe the
specific instructions to be included under Subsection (c). Failure
to comply with Subsection (c) is not grounds for a civil action or
an action or contest challenging the validity or result of an
election in which the ballot instruction described by Subsection
(c) was not given to one or more voters.
SECTION 3. Subchapter A, Chapter 124, Election Code, is
amended by adding Section 124.007 to read as follows:
Sec. 124.007. WARNING FOR CERTAIN VOTING ACTIONS. (a)
Where practicable, electronic voting systems shall provide for a
clearly worded warning to appear if a voter attempts to cast a vote,
make a selection, or take another related action that could cancel a
prior selection, change a prior selection, or cancel or change a
straight-party selection made by the voter.
(b) The secretary of state shall determine when the warning
described by Subsection (a) is necessary and shall by rule
prescribe warning language for each voting system approved for use
in the state.
(c) Failure to comply with this section is not grounds for a
civil action or an action or contest challenging the validity or
result of an election in which the warning required by this section
was not given to one or more voters.
SECTION 4. The changes in law made by this Act apply only to
an election held on or after January 1, 2010. An election held
before January 1, 2010, is governed by the law in effect when the
election is held, and the former law is continued in effect for that
purpose.
SECTION 5. 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.
* * * * *