Texas 2009 - 81st Regular

Texas House Bill HB135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1608 ATP-D
2	2	By: Straus H.B. No. 135
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of straight-party voting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 62.011(c), Election Code, is amended to
10	10	read as follows:
11	11	(c) The poster must include instructions applicable to the
12	12	election on:
13	13	(1) marking and depositing the ballot;
14	14	(2) voting for a write-in candidate;
15	15	(3) [casting a straight-party vote;
16	16	[(4)] casting a provisional ballot;
17	17	[(5) until the expiration of Section 13.122(d), voting
18	18	for the first time by a person who registered by mail;] and
19	19	(4) [(6)] securing an additional ballot if the voter's
20	20	original ballot is spoiled.
21	21	SECTION 2. Section 65.011, Election Code, is amended to
22	22	read as follows:
23	23	Sec. 65.011. OVERVOTING. If [Except as provided by Section
24	24	65.007(c) or (d), if] a voter marks the ballot for more candidates
25	25	for an office than the number of persons to be elected for that
26	26	office, none of the votes may be counted for that office.
27	27	SECTION 3. Section 105.002(c), Election Code, is amended to
28	28	read as follows:
29	29	(c) The secretary of state shall prescribe the form of the
30	30	ballot to allow a voter to cast a vote in each federal, state, or
31	31	local race in the election. The ballot must allow a voter to write
32	32	in the name of a candidate [or, if applicable, cast a straight-party
33	33	vote].
34	34	SECTION 4. Section 122.001(a), Election Code, is amended to
35	35	read as follows:
36	36	(a) A voting system may not be used in an election unless the
37	37	system:
38	38	(1) preserves the secrecy of the ballot;
39	39	(2) is suitable for the purpose for which it is
40	40	intended;
41	41	(3) operates safely, efficiently, and accurately and
42	42	complies with the error rate standards of the voting system
43	43	standards adopted by the Federal Election Commission;
44	44	(4) is safe from fraudulent or unauthorized
45	45	manipulation;
46	46	(5) permits voting on all offices and measures to be
47	47	voted on at the election;
48	48	(6) prevents counting votes on offices and measures on
49	49	which the voter is not entitled to vote;
50	50	(7) prevents counting votes by the same voter for more
51	51	than one candidate for the same office or, in elections in which a
52	52	voter is entitled to vote for more than one candidate for the same
53	53	office, prevents counting votes for more than the number of
54	54	candidates for which the voter is entitled to vote;
55	55	(8) prevents counting a vote on the same office or
56	56	measure more than once;
57	57	(9) permits write-in voting; and
58	58	(10) [is capable of permitting straight-party voting;
59	59	and
60	60	[(11)] is capable of providing records from which the
61	61	operation of the voting system may be audited.
62	62	SECTION 5. Sections 1.005(20), 52.071, 64.004, 65.007,
63	63	122.001(b), 124.001, 124.003(d), 124.063(d), and 232.050(d),
64	64	Election Code, are repealed.
65	65	SECTION 6. This Act takes effect September 1, 2009.