| 1 | 1 | | By: Hochberg (Senate Sponsor - Ellis) H.B. No. 1117 |
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| 2 | 2 | | (In the Senate - Received from the House May 13, 2009; |
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| 3 | 3 | | May 14, 2009, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 23, 2009, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 8, Nays 1; |
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| 6 | 6 | | May 23, 2009, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR H.B. No. 1117 By: Van de Putte |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to ballot instructions. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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| 15 | 15 | | amended by adding Section 52.0695 to read as follows: |
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| 16 | 16 | | Sec. 52.0695. GENERAL BALLOT INSTRUCTION. (a) In addition |
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| 17 | 17 | | to any other required ballot instructions, a ballot must contain an |
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| 18 | 18 | | instruction that clearly and unambiguously describes how to cast a |
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| 19 | 19 | | ballot using the voting equipment on which the voter's ballot will |
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| 20 | 20 | | be cast and includes an explanation of actions by the voter that may |
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| 21 | 21 | | change or otherwise affect a prior selection by the voter. An |
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| 22 | 22 | | instruction required by this subsection must describe the effect of |
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| 23 | 23 | | not properly marking a paper ballot, if a paper ballot is used. |
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| 24 | 24 | | (b) The secretary of state shall determine when the |
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| 25 | 25 | | instruction described by Subsection (a) is necessary and by rule |
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| 26 | 26 | | shall prescribe the specific instruction to be included on a ballot |
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| 27 | 27 | | under this section. |
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| 28 | 28 | | (c) Failure to comply with this section is not grounds for a |
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| 29 | 29 | | civil action or an action or contest challenging the validity or |
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| 30 | 30 | | result of an election in which the ballot instruction required by |
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| 31 | 31 | | this section was not given to one or more voters. |
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| 32 | 32 | | SECTION 2. Section 52.071, Election Code, is amended by |
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| 33 | 33 | | adding Subsections (c) and (d) to read as follows: |
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| 34 | 34 | | (c) An instruction under this section shall also describe: |
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| 35 | 35 | | (1) the effect of a straight-party vote if the vote |
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| 36 | 36 | | would not apply to all elections on the ballot; and |
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| 37 | 37 | | (2) any circumstances under which casting a vote for |
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| 38 | 38 | | an individual candidate will negate a straight-party vote or |
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| 39 | 39 | | otherwise cause a vote for a nominee of the same party to not be |
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| 40 | 40 | | recorded or counted. |
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| 41 | 41 | | (d) The secretary of state shall by rule prescribe the |
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| 42 | 42 | | specific instructions to be included under Subsection (c). Failure |
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| 43 | 43 | | to comply with Subsection (c) is not grounds for a civil action or |
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| 44 | 44 | | an action or contest challenging the validity or result of an |
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| 45 | 45 | | election in which the ballot instruction described by Subsection |
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| 46 | 46 | | (c) was not given to one or more voters. |
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| 47 | 47 | | SECTION 3. Subchapter A, Chapter 124, Election Code, is |
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| 48 | 48 | | amended by adding Section 124.007 to read as follows: |
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| 49 | 49 | | Sec. 124.007. WARNING FOR CERTAIN VOTING ACTIONS. (a) |
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| 50 | 50 | | Where practicable, electronic voting systems shall provide for a |
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| 51 | 51 | | clearly worded warning to appear if a voter attempts to cast a vote, |
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| 52 | 52 | | make a selection, or take another related action that could cancel a |
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| 53 | 53 | | prior selection, change a prior selection, or cancel or change a |
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| 54 | 54 | | straight-party selection made by the voter. |
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| 55 | 55 | | (b) The secretary of state shall determine when the warning |
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| 56 | 56 | | described by Subsection (a) is necessary and shall by rule |
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| 57 | 57 | | prescribe warning language for each voting system approved for use |
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| 58 | 58 | | in the state. |
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| 59 | 59 | | (c) Failure to comply with this section is not grounds for a |
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| 60 | 60 | | civil action or an action or contest challenging the validity or |
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| 61 | 61 | | result of an election in which the warning required by this section |
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| 62 | 62 | | was not given to one or more voters. |
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| 63 | 63 | | SECTION 4. The changes in law made by this Act apply only to |
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| 64 | 64 | | an election held on or after January 1, 2010. An election held |
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| 65 | 65 | | before January 1, 2010, is governed by the law in effect when the |
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| 66 | 66 | | election is held, and the former law is continued in effect for that |
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| 67 | 67 | | purpose. |
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| 68 | 68 | | SECTION 5. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2009. |
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| 73 | 73 | | * * * * * |
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