Texas 2009 - 81st Regular

Texas House Bill HB2802 Compare Versions

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

Old	New	Differences
1	1	81R6761 ATP-D
2	2	By: Berman H.B. No. 2802
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of a recount of votes cast in an
8	8	election.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 212.112, Election Code, is amended by
11	11	amending Subsection (a) and adding Subsection (e) to read as
12	12	follows:
13	13	(a) Subject to Subsections [Subsection] (d) and (e), the
14	14	amount of the recount deposit is determined by the number of
15	15	precincts for which a recount is requested in the document that the
16	16	deposit accompanies, in accordance with the following schedule:
17	17	(1) five times the federal minimum wage [maximum
18	18	hourly rate of pay for election judges], for a precinct in which:
19	19	(A) regular paper ballots were used;
20	20	(B) electronic voting system ballots, other than
21	21	printed images of ballots cast using direct recording electronic
22	22	voting machines, are to be recounted manually; or
23	23	(C) both write-in votes and voting system votes
24	24	are to be recounted;
25	25	(2) 10 times the federal minimum wage [maximum hourly
26	26	rate of pay for election judges], for a precinct in which printed
27	27	images of ballots cast using direct recording electronic voting
28	28	machines are to be recounted manually;
29	29	(3) three times the federal minimum wage [maximum
30	30	hourly rate of pay for election judges], for a precinct in which
31	31	ballots are to be recounted by automatic tabulating equipment and
32	32	no write-in votes are to be recounted; and
33	33	(4) two times the federal minimum wage [maximum hourly
34	34	rate of pay for election judges], for a precinct in which:
35	35	(A) voting machines were used and no write-in
36	36	votes are to be recounted; or
37	37	(B) only the write-in votes cast in connection
38	38	with a voting system are to be recounted.
39	39	(e) For a precinct described by more than one subdivision of
40	40	Subsection (a), the highest amount that would apply under
41	41	Subsection (a) applies to the precinct.
42	42	SECTION 2. Sections 213.013(b), (c), (d), (e), (f), (g),
43	43	(h), and (i), Election Code, are amended to read as follows:
44	44	(b) In a recount of an election on an office, each candidate
45	45	for the office is entitled to be present at the recount and have
46	46	watchers [representatives] present in the number corresponding to
47	47	the number of counting teams designated for the recount. If only
48	48	one counting team is designated or the recount is conducted on
49	49	automatic tabulating equipment, each candidate is entitled to two
50	50	watchers [representatives].
51	51	(c) In a recount of an election on an office for which a
52	52	political party has a nominee or for which a candidate is aligned
53	53	with a political party, the party is entitled to have watchers
54	54	[representatives] present in the same number prescribed for
55	55	candidates under Subsection (b).
56	56	(d) In a recount of an election on a measure, watchers
57	57	[representatives] may be appointed by the campaign treasurer or
58	58	assistant campaign treasurer of a specific-purpose political
59	59	committee that supports or opposes the measure in the number
60	60	corresponding to the number of counting teams designated for the
61	61	recount. If only one counting team is designated or the recount is
62	62	conducted on automatic tabulating equipment, each eligible
63	63	specific-purpose political committee is entitled to two watchers
64	64	[representatives].
65	65	(e) A watcher [representative] appointed to serve at a
66	66	recount must deliver a certificate of appointment to the recount
67	67	committee chair at the time the watcher [representative] reports
68	68	for service. A watcher [representative] who presents himself or
69	69	herself for service at any time immediately before or during the
70	70	recount and submits a proper certificate of appointment must be
71	71	accepted for service unless the number of appointees to which the
72	72	appointing authority is entitled have already been accepted.
73	73	(f) The certificate must be in writing and must include:
74	74	(1) the printed name and the signature of the watcher
75	75	[representative];
76	76	(2) the election subject to the recount;
77	77	(3) the time and place of the recount;
78	78	(4) the measure, candidate, or political party being
79	79	represented;
80	80	(5) the signature and the printed name of the person
81	81	making the appointment; and
82	82	(6) an indication of the capacity in which the
83	83	appointing authority is acting.
84	84	(g) If the watcher [representative] is accepted for
85	85	service, the recount committee chair shall keep the certificate and
86	86	deliver it to the recount coordinator after the recount for
87	87	preservation under Section 211.007. If the watcher
88	88	[representative] is not accepted for service, the recount committee
89	89	chair shall return the certificate to the watcher [representative]
90	90	with a signed statement of the reason for the rejection.
91	91	(h) Each person entitled to be present at a recount is
92	92	entitled to observe any activity conducted in connection with the
93	93	recount. The person is entitled to sit or stand conveniently near
94	94	the officers conducting the observed activity and near enough to an
95	95	officer who is announcing the votes or examining or processing the
96	96	ballots to verify that the ballots are counted or processed
97	97	correctly or to an officer who is tallying the votes to verify that
98	98	they are tallied correctly. Rules concerning a watcher's
99	99	[representative's] rights, duties, and privileges are otherwise
100	100	the same as those prescribed by this code for poll watchers to the
101	101	extent they can be made applicable.
102	102	(i) No mechanical or electronic means of recording images or
103	103	sound are allowed inside the room in which the recount is conducted,
104	104	or in any hallway or corridor in the building in which the recount
105	105	is conducted within 30 feet of the entrance to the room, while the
106	106	recount is in progress. However, on request of a person entitled to
107	107	appoint watchers [representatives] to serve at the recount, the
108	108	recount committee chair shall permit the person to photocopy under
109	109	the chair's supervision any ballot, including any supporting
110	110	materials, challenged by the person or person's watcher
111	111	[representative]. The person must pay a reasonable charge for
112	112	making the copies and, if no photocopying equipment is available,
113	113	may supply that equipment at the person's expense. The person shall
114	114	provide a copy on request to another person entitled to appoint
115	115	watchers [representatives] to serve at the recount.
116	116	SECTION 3. Section 213.016, Election Code, is amended to
117	117	read as follows:
118	118	Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT
119	119	RECORDING ELECTRONIC VOTING MACHINES. During any printing of
120	120	images of ballots cast using direct recording electronic voting
121	121	machines for the purpose of a recount, the full recount committee is
122	122	not required to be present. The recount committee chair shall
123	123	determine how many committee members must be present during the
124	124	printing of the images. Each candidate is entitled to be present
125	125	and to have representatives present during the printing of the
126	126	images in the same number as [prescribed by] Section 213.013(b)
127	127	prescribes for watchers for a recount [during the printing of the
128	128	images].
129	129	SECTION 4. The changes in law made by this Act apply only to
130	130	an election ordered on or after the effective date of this Act. An
131	131	election ordered before the effective date of this Act is governed
132	132	by the law in effect when the election was ordered, and the former
133	133	law is continued in effect for that purpose.
134	134	SECTION 5. This Act takes effect September 1, 2009.