81R6761 ATP-D
By: Berman H.B. No. 2802
A BILL TO BE ENTITLED
AN ACT
relating to the administration of a recount of votes cast in an
election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.112, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Subject to Subsections [Subsection] (d) and (e), the
amount of the recount deposit is determined by the number of
precincts for which a recount is requested in the document that the
deposit accompanies, in accordance with the following schedule:
(1) five times the federal minimum wage [maximum
hourly rate of pay for election judges], for a precinct in which:
(A) regular paper ballots were used;
(B) electronic voting system ballots, other than
printed images of ballots cast using direct recording electronic
voting machines, are to be recounted manually; or
(C) both write-in votes and voting system votes
are to be recounted;
(2) 10 times the federal minimum wage [maximum hourly
rate of pay for election judges], for a precinct in which printed
images of ballots cast using direct recording electronic voting
machines are to be recounted manually;
(3) three times the federal minimum wage [maximum
hourly rate of pay for election judges], for a precinct in which
ballots are to be recounted by automatic tabulating equipment and
no write-in votes are to be recounted; and
(4) two times the federal minimum wage [maximum hourly
rate of pay for election judges], for a precinct in which:
(A) voting machines were used and no write-in
votes are to be recounted; or
(B) only the write-in votes cast in connection
with a voting system are to be recounted.
(e) For a precinct described by more than one subdivision of
Subsection (a), the highest amount that would apply under
Subsection (a) applies to the precinct.
SECTION 2. Sections 213.013(b), (c), (d), (e), (f), (g),
(h), and (i), Election Code, are amended to read as follows:
(b) In a recount of an election on an office, each candidate
for the office is entitled to be present at the recount and have
watchers [representatives] present in the number corresponding to
the number of counting teams designated for the recount. If only
one counting team is designated or the recount is conducted on
automatic tabulating equipment, each candidate is entitled to two
watchers [representatives].
(c) In a recount of an election on an office for which a
political party has a nominee or for which a candidate is aligned
with a political party, the party is entitled to have watchers
[representatives] present in the same number prescribed for
candidates under Subsection (b).
(d) In a recount of an election on a measure, watchers
[representatives] may be appointed by the campaign treasurer or
assistant campaign treasurer of a specific-purpose political
committee that supports or opposes the measure in the number
corresponding to the number of counting teams designated for the
recount. If only one counting team is designated or the recount is
conducted on automatic tabulating equipment, each eligible
specific-purpose political committee is entitled to two watchers
[representatives].
(e) A watcher [representative] appointed to serve at a
recount must deliver a certificate of appointment to the recount
committee chair at the time the watcher [representative] reports
for service. A watcher [representative] who presents himself or
herself for service at any time immediately before or during the
recount and submits a proper certificate of appointment must be
accepted for service unless the number of appointees to which the
appointing authority is entitled have already been accepted.
(f) The certificate must be in writing and must include:
(1) the printed name and the signature of the watcher
[representative];
(2) the election subject to the recount;
(3) the time and place of the recount;
(4) the measure, candidate, or political party being
represented;
(5) the signature and the printed name of the person
making the appointment; and
(6) an indication of the capacity in which the
appointing authority is acting.
(g) If the watcher [representative] is accepted for
service, the recount committee chair shall keep the certificate and
deliver it to the recount coordinator after the recount for
preservation under Section 211.007. If the watcher
[representative] is not accepted for service, the recount committee
chair shall return the certificate to the watcher [representative]
with a signed statement of the reason for the rejection.
(h) Each person entitled to be present at a recount is
entitled to observe any activity conducted in connection with the
recount. The person is entitled to sit or stand conveniently near
the officers conducting the observed activity and near enough to an
officer who is announcing the votes or examining or processing the
ballots to verify that the ballots are counted or processed
correctly or to an officer who is tallying the votes to verify that
they are tallied correctly. Rules concerning a watcher's
[representative's] rights, duties, and privileges are otherwise
the same as those prescribed by this code for poll watchers to the
extent they can be made applicable.
(i) No mechanical or electronic means of recording images or
sound are allowed inside the room in which the recount is conducted,
or in any hallway or corridor in the building in which the recount
is conducted within 30 feet of the entrance to the room, while the
recount is in progress. However, on request of a person entitled to
appoint watchers [representatives] to serve at the recount, the
recount committee chair shall permit the person to photocopy under
the chair's supervision any ballot, including any supporting
materials, challenged by the person or person's watcher
[representative]. The person must pay a reasonable charge for
making the copies and, if no photocopying equipment is available,
may supply that equipment at the person's expense. The person shall
provide a copy on request to another person entitled to appoint
watchers [representatives] to serve at the recount.
SECTION 3. Section 213.016, Election Code, is amended to
read as follows:
Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT
RECORDING ELECTRONIC VOTING MACHINES. During any printing of
images of ballots cast using direct recording electronic voting
machines for the purpose of a recount, the full recount committee is
not required to be present. The recount committee chair shall
determine how many committee members must be present during the
printing of the images. Each candidate is entitled to be present
and to have representatives present during the printing of the
images in the same number as [prescribed by] Section 213.013(b)
prescribes for watchers for a recount [during the printing of the
images].
SECTION 4. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.