Texas 2009 - 81st Regular

Texas House Bill HB3830 Compare Versions

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

Old	New	Differences
1	1	81R13724 ATP-D
2	2	By: Smith of Tarrant H.B. No. 3830
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain election practices and procedures; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2.051(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) Except as provided by Sections 2.055 and 2.056, this
13	13	subchapter applies only to an election for officers of a political
14	14	subdivision other than a county in which write-in votes may be
15	15	counted only for names appearing on a list of write-in candidates
16	16	and in which[:
17	17	[(1)] each candidate for an office that is to appear on
18	18	the ballot is unopposed, except as provided by Subsection (b)[; and
19	19	[(2) no proposition is to appear on the ballot]. For
20	20	purposes of this section, a special election of a political
21	21	subdivision is considered to be a separate election with a separate
22	22	ballot from:
23	23	(1) a general election for officers of the political
24	24	subdivision held at the same time as the special election; or
25	25	(2) another special election of the political
26	26	subdivision held at the same time as the special election.
27	27	SECTION 2. Section 2.053, Election Code, is amended to read
28	28	as follows:
29	29	Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the
30	30	certification, the governing body of the political subdivision by
31	31	order or ordinance may declare each unopposed candidate elected to
32	32	the office. If no election is to be held on election day by the
33	33	political subdivision, a copy of the order or ordinance shall be
34	34	posted on election day at each polling place used or that would have
35	35	been used in the election.
36	36	(b) If a declaration is made under Subsection (a), the
37	37	election is not held. [A copy of the order or ordinance shall be
38	38	posted on election day at each polling place that would have been
39	39	used in the election.]
40	40	(c) The ballots used at a separate election held at the same
41	41	time as an election that would have been held if the candidates were
42	42	not declared elected under this section shall include the offices
43	43	and names of the candidates declared elected under this section
44	44	listed separately after the measures or contested races in the
45	45	separate election under the heading "Unopposed Candidates Declared
46	46	Elected." The candidates shall be grouped in the same relative
47	47	order prescribed for the ballot generally. No votes are cast in
48	48	connection with the candidates.
49	49	(d) The secretary of state by rule may prescribe any
50	50	additional procedures necessary to accommodate a particular voting
51	51	system or ballot style and to facilitate the efficient and
52	52	cost-effective implementation of this section.
53	53	(e) A certificate of election shall be issued to each
54	54	candidate in the same manner and at the same time as provided for a
55	55	candidate elected at the election. The candidate must qualify for
56	56	the office in the same manner as provided for a candidate elected at
57	57	the election.
58	58	SECTION 3. Section 2.054(a), Election Code, is amended to
59	59	read as follows:
60	60	(a) In an election that may be subject to this subchapter, a
61	61	[A] person commits an offense if by intimidation or by means of
62	62	coercion the person influences or attempts to influence a person
63	63	to:
64	64	(1) not file an application for a place on the ballot
65	65	or a declaration of write-in candidacy; or
66	66	(2) withdraw as a candidate [in an election that may be
67	67	subject to this subchapter].
68	68	SECTION 4. Chapter 2, Election Code, is amended by adding
69	69	Subchapter D to read as follows:
70	70	SUBCHAPTER D. CANCELLATION OF ELECTIONS
71	71	Sec. 2.081. CANCELLATION OF MOOT MEASURE. (a) If an
72	72	authority that orders an election on a measure determines that the
73	73	action to be authorized by the voters may not be taken, regardless
74	74	of the outcome of the election, the authority may declare the
75	75	measure moot and remove the measure from the ballot.
76	76	(b) If a measure is declared moot under this section and is
77	77	removed from the ballot, the authority holding the election shall
78	78	post notice of the declaration during early voting by personal
79	79	appearance and on election day, at each polling place that would
80	80	have been used for the election on the measure.
81	81	Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED.
82	82	An authority that orders an election may cancel the election only if
83	83	the power to cancel the election is specifically provided by
84	84	statute.
85	85	SECTION 5. Section 16.031(a), Election Code, is amended to
86	86	read as follows:
87	87	(a) The registrar shall cancel a voter's registration
88	88	immediately on receipt of:
89	89	(1) notice under Section 13.072(b) or 15.021 or a
90	90	response under Section 15.053 that the voter's residence is outside
91	91	the county;
92	92	(2) an abstract of the voter's death certificate under
93	93	Section 16.001(a) or an abstract of an application indicating that
94	94	the voter is deceased under Section 16.001(b);
95	95	(3) an abstract of a final judgment of the voter's
96	96	total mental incapacity, partial mental incapacity without the
97	97	right to vote, conviction of a felony, or disqualification under
98	98	Section 16.002, 16.003, or 16.004;
99	99	(4) notice under Section 112.012 that the voter has
100	100	applied for a limited ballot in another county;
101	101	(5) notice from a voter registration official in
102	102	another state that the voter has registered to vote outside this
103	103	state; [or]
104	104	(6) notice from the early voting clerk under Section
105	105	101.0041 that a federal postcard application submitted by an
106	106	applicant states a voting residence address located outside the
107	107	registrar's county; or
108	108	(7) notice from the secretary of state that the voter
109	109	has registered to vote in another county, as determined by the
110	110	voter's driver's license number or personal identification card
111	111	number issued by the Department of Public Safety or social security
112	112	number.
113	113	SECTION 6. Subchapter A, Chapter 61, Election Code, is
114	114	amended by adding Section 61.016 to read as follows:
115	115	Sec. 61.016. EMERGENCY PAPER BALLOTS. (a) An insufficient
116	116	number of ballots or a malfunction of electronic voting system
117	117	equipment must be remedied through the use of emergency paper
118	118	ballots when no other method of voting is available during voting
119	119	hours for a person whose acceptance for voting is required by this
120	120	code.
121	121	(b) The secretary of state shall prescribe procedures for
122	122	the creation and use of emergency paper ballots as required by this
123	123	section.
124	124	SECTION 7. Section 67.010, Election Code, is amended by
125	125	adding Subsection (d) to read as follows:
126	126	(d) The presiding officer may make a clerical correction to
127	127	the officially canvassed returns based on any authorized amended
128	128	county canvass filed with the presiding officer.
129	129	SECTION 8. Section 85.001(e), Election Code, is amended to
130	130	read as follows:
131	131	(e) For an election held on the uniform election date in May
132	132	and any resulting runoff election, the period for early voting by
133	133	personal appearance begins on the 12th day before election day and
134	134	continues through the fourth day before election day.
135	135	SECTION 9. Section 85.004, Election Code, is amended to
136	136	read as follows:
137	137	Sec. 85.004. PUBLIC NOTICE OF [MAIN] POLLING PLACE
138	138	LOCATION. The election order and the election notice must state
139	139	the location of each [the main] early voting polling place.
140	140	SECTION 10. Chapter 101, Election Code, is amended by
141	141	adding Section 101.0041 to read as follows:
142	142	Sec. 101.0041. ACTION BY EARLY VOTING CLERK ON CERTAIN
143	143	APPLICATIONS. The early voting clerk shall notify the voter
144	144	registrar of a federal postcard application submitted by an
145	145	applicant that states a voting residence address located outside
146	146	the registrar's county.
147	147	SECTION 11. Section 112.002(a), Election Code, is amended
148	148	to read as follows:
149	149	(a) After changing residence to another county, a person is
150	150	eligible to vote a limited ballot by personal appearance during the
151	151	early voting period or by mail if:
152	152	(1) the person would have been eligible to vote in the
153	153	county of former residence on election day if still residing in that
154	154	county;
155	155	(2) the person is [was] registered to vote in the
156	156	county of former residence at the time the person offers to vote in
157	157	the county of new [when the voter changed] residence; and
158	158	(3) a voter registration for the person in the county
159	159	of new residence is not effective on or before election day.
160	160	SECTION 12. Subchapter A, Chapter 125, Election Code, is
161	161	amended by adding Section 125.010 to read as follows:
162	162	Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN
163	163	AUTHORIZED. (a) In this section, "voting system technician" means
164	164	a person who as a vocation repairs, assembles, maintains, or
165	165	operates voting system equipment.
166	166	(b) On the request of the authority holding the election, a
167	167	voting system technician may be present at a polling place, a
168	168	meeting of the early voting ballot board, or a central counting
169	169	station for the purpose of repairing, assembling, maintaining, or
170	170	operating voting system equipment.
171	171	SECTION 13. Subchapter B, Chapter 141, Election Code, is
172	172	amended by adding Section 141.040 to read as follows:
173	173	Sec. 141.040. NOTICE OF DEADLINES. Not later than the 30th
174	174	day before the first day on which a candidate may file an
175	175	application for a place on the ballot under this subchapter, the
176	176	authority with whom the application must be filed shall post notice
177	177	of the dates of the filing period in a public place in a building in
178	178	which the authority has an office.
179	179	SECTION 14. Section 146.0301(a), Election Code, as amended
180	180	by Chapters 1107 (H.B. 2309) and 1109 (H.B. 2339), Acts of the 79th
181	181	Legislature, Regular Session, 2005, is reenacted to read as
182	182	follows:
183	183	(a) A write-in candidate may not withdraw from the election
184	184	after the 67th day before election day.
185	185	SECTION 15. Section 172.116(b), Election Code, is amended
186	186	to read as follows:
187	187	(b) The committee shall convene to conduct the local canvass
188	188	at the county seat [not earlier than 6 p.m.] on the second Thursday
189	189	[or later than 1 p.m. on the second Friday] after election day at
190	190	the hour specified by the county chair.
191	191	SECTION 16. Section 172.120, Election Code, is amended by
192	192	amending Subsection (b) and adding Subsection (b-1) to read as
193	193	follows:
194	194	(b) The state executive committee shall convene to conduct
195	195	the state canvass for the general primary election not later than:
196	196	(1) [on] the second Sunday [Wednesday] after general
197	197	primary election day, for an election in which three or more
198	198	candidates are seeking election to the same office; or
199	199	(2) the 22nd day after general primary election day,
200	200	for an election not described by Subdivision (1).
201	201	(b-1) Not later than the third [second] Saturday after
202	202	runoff primary election day, the committee shall convene at the
203	203	call of the state chair to conduct the state canvass of the runoff
204	204	primary election.
205	205	SECTION 17. Section 192.031, Election Code, is amended to
206	206	read as follows:
207	207	Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON
208	208	BALLOT. (a) A political party is entitled to have the names of
209	209	its nominees for president and vice-president of the United States
210	210	placed on the ballot in a presidential general election if:
211	211	(1) the nominees possess the qualifications for those
212	212	offices prescribed by federal law;
213	213	(2) [before 5 p.m. of the 70th day before presidential
214	214	election day,] the party's state chair signs [and delivers to the
215	215	secretary of state] a written certification of:
216	216	(A) the names of the party's nominees for
217	217	president and vice-president; and
218	218	(B) the names and residence addresses of
219	219	presidential elector candidates nominated by the party, in a number
220	220	equal to the number of presidential electors that federal law
221	221	allocates to this state; [and]
222	222	(3) the party's state chair delivers the written
223	223	certification to the secretary of state before the later of:
224	224	(A) 5 p.m. of the 70th day before presidential
225	225	election day; or
226	226	(B) 5 p.m. of the first business day after the
227	227	date of final adjournment of the party's national presidential
228	228	nominating convention; and
229	229	(4) the party is:
230	230	(A) required or authorized by Subchapter A of
231	231	Chapter 172 to make its nominations by primary election; or
232	232	(B) entitled to have the names of its nominees
233	233	placed on the general election ballot under Chapter 181.
234	234	(b) If the state chair's certification of the party's
235	235	nominees is delivered by mail, it is considered to be delivered at
236	236	the time of its receipt by the secretary of state.
237	237	SECTION 18. Section 192.033(b), Election Code, is amended
238	238	to read as follows:
239	239	(b) The [Not later than the 62nd day before presidential
240	240	election day, the] secretary of state shall deliver the
241	241	certification to the authority responsible for having the official
242	242	ballot prepared in each county before the later of the 62nd day
243	243	before presidential election day or the second business day after
244	244	the date of final adjournment of the party's national presidential
245	245	nominating convention.
246	246	SECTION 19. Section 201.054(a), Election Code, is amended
247	247	to read as follows:
248	248	(a) Except as provided by Subsection (f), a candidate's
249	249	application for a place on a special election ballot must be filed
250	250	not later than:
251	251	(1) 5 p.m. of the 62nd [67th] day before election day,
252	252	if election day is on or after the 70th day after the date the
253	253	election is ordered;
254	254	(2) 5 p.m. of the 31st day before election day, if
255	255	election day is on or after the 36th day and before the 70th day
256	256	after the date the election is ordered; or
257	257	(3) 5 p.m. of a day fixed by the authority ordering the
258	258	election, which day must be not earlier than the fifth day after the
259	259	date the election is ordered and not later than the 20th day before
260	260	election day, if election day is before the 36th day after the date
261	261	the election is ordered.
262	262	SECTION 20. Section 212.112, Election Code, is amended to
263	263	read as follows:
264	264	Sec. 212.112. AMOUNT OF DEPOSIT. The [(a) Subject to
265	265	Subsection (d), the] amount of the recount deposit is [determined
266	266	by the number of precincts for which a recount is requested in the
267	267	document that the deposit accompanies, in accordance with the
268	268	following schedule]:
269	269	(1) $60 [five times the maximum hourly rate of pay for
270	270	election judges,] for each [a] precinct in which[:
271	271	[(A)] regular paper ballots were used; and
272	272	(2) $100 for each precinct in which an electronic
273	273	voting system was used [(B) electronic voting system ballots,
274	274	other than printed images of ballots cast using direct recording
275	275	electronic voting machines, are to be recounted manually; or
276	276	[(C) both write-in votes and voting system votes
277	277	are to be recounted;
278	278	[(2) 10 times the maximum hourly rate of pay for
279	279	election judges, for a precinct in which printed images of ballots
280	280	cast using direct recording electronic voting machines are to be
281	281	recounted manually;
282	282	[(3) three times the maximum hourly rate of pay for
283	283	election judges, for a precinct in which ballots are to be recounted
284	284	by automatic tabulating equipment and no write-in votes are to be
285	285	recounted; and
286	286	[(4) two times the maximum hourly rate of pay for
287	287	election judges, for a precinct in which:
288	288	[(A) voting machines were used and no write-in
289	289	votes are to be recounted; or
290	290	[(B) only the write-in votes cast in connection
291	291	with a voting system are to be recounted].
292	292	[(b) In a recount of an election for which a majority vote is
293	293	required for nomination or election to an office, the rate
294	294	prescribed by Subsection (a)(1)(C) applies to each precinct in
295	295	which a voting system was used, regardless of whether any write-in
296	296	votes were cast in the precinct, if:
297	297	[(1) the original election results show that write-in
298	298	votes were cast in the election; and
299	299	[(2) an exclusion of write-in votes from the recount
300	300	is not obtained under Section 212.136.
301	301	[(c) If more than one method of voting is used for early
302	302	voting, each additional method of voting used for the early voting
303	303	shall be treated as constituting an additional precinct in
304	304	determining the amount of a recount deposit for a recount of early
305	305	voting votes.
306	306	[(d) The minimum amount of a deposit accompanying a petition
307	307	for a recount is $50.]
308	308	SECTION 21. Sections 213.013(b), (c), (d), (e), (f), (g),
309	309	(h), and (i), Election Code, are amended to read as follows:
310	310	(b) In a recount of an election on an office, each candidate
311	311	for the office is entitled to be present at the recount and have
312	312	watchers [representatives] present in the number corresponding to
313	313	the number of counting teams designated for the recount. If only
314	314	one counting team is designated or the recount is conducted on
315	315	automatic tabulating equipment, each candidate is entitled to two
316	316	watchers [representatives].
317	317	(c) In a recount of an election on an office for which a
318	318	political party has a nominee or for which a candidate is aligned
319	319	with a political party, the party is entitled to have watchers
320	320	[representatives] present in the same number prescribed for
321	321	candidates under Subsection (b).
322	322	(d) In a recount of an election on a measure, watchers
323	323	[representatives] may be appointed by the campaign treasurer or
324	324	assistant campaign treasurer of a specific-purpose political
325	325	committee that supports or opposes the measure in the number
326	326	corresponding to the number of counting teams designated for the
327	327	recount. If only one counting team is designated or the recount is
328	328	conducted on automatic tabulating equipment, each eligible
329	329	specific-purpose political committee is entitled to two watchers
330	330	[representatives].
331	331	(e) A watcher [representative] appointed to serve at a
332	332	recount must deliver a certificate of appointment to the recount
333	333	committee chair at the time the watcher [representative] reports
334	334	for service. A watcher [representative] who presents himself or
335	335	herself for service at any time immediately before or during the
336	336	recount and submits a proper certificate of appointment must be
337	337	accepted for service unless the number of appointees to which the
338	338	appointing authority is entitled have already been accepted.
339	339	(f) The certificate must be in writing and must include:
340	340	(1) the printed name and the signature of the watcher
341	341	[representative];
342	342	(2) the election subject to the recount;
343	343	(3) the time and place of the recount;
344	344	(4) the measure, candidate, or political party being
345	345	represented;
346	346	(5) the signature and the printed name of the person
347	347	making the appointment; and
348	348	(6) an indication of the capacity in which the
349	349	appointing authority is acting.
350	350	(g) If the watcher [representative] is accepted for
351	351	service, the recount committee chair shall keep the certificate and
352	352	deliver it to the recount coordinator after the recount for
353	353	preservation under Section 211.007. If the watcher
354	354	[representative] is not accepted for service, the recount committee
355	355	chair shall return the certificate to the watcher [representative]
356	356	with a signed statement of the reason for the rejection.
357	357	(h) Each person entitled to be present at a recount is
358	358	entitled to observe any activity conducted in connection with the
359	359	recount. The person is entitled to sit or stand conveniently near
360	360	the officers conducting the observed activity and near enough to an
361	361	officer who is announcing the votes or examining or processing the
362	362	ballots to verify that the ballots are counted or processed
363	363	correctly or to an officer who is tallying the votes to verify that
364	364	they are tallied correctly. Rules concerning a watcher's
365	365	[representative's] rights, duties, and privileges are otherwise
366	366	the same as those prescribed by this code for poll watchers to the
367	367	extent they can be made applicable.
368	368	(i) No mechanical or electronic means of recording images or
369	369	sound are allowed inside the room in which the recount is conducted,
370	370	or in any hallway or corridor in the building in which the recount
371	371	is conducted within 30 feet of the entrance to the room, while the
372	372	recount is in progress. However, on request of a person entitled to
373	373	appoint watchers [representatives] to serve at the recount, the
374	374	recount committee chair shall permit the person to photocopy under
375	375	the chair's supervision any ballot, including any supporting
376	376	materials, challenged by the person or person's watcher
377	377	[representative]. The person must pay a reasonable charge for
378	378	making the copies and, if no photocopying equipment is available,
379	379	may supply that equipment at the person's expense. The person shall
380	380	provide a copy on request to another person entitled to appoint
381	381	watchers [representatives] to serve at the recount.
382	382	SECTION 22. Section 213.016, Election Code, is amended to
383	383	read as follows:
384	384	Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT
385	385	RECORDING ELECTRONIC VOTING MACHINES. During any printing of
386	386	images of ballots cast using direct recording electronic voting
387	387	machines for the purpose of a recount, the full recount committee is
388	388	not required to be present. The recount committee chair shall
389	389	determine how many committee members must be present during the
390	390	printing of the images. Each candidate is entitled to be present
391	391	and to have representatives present during the printing of the
392	392	images in the same number as [prescribed by] Section 213.013(b)
393	393	prescribes for watchers for a recount [during the printing of the
394	394	images].
395	395	SECTION 23. Section 221.014(b), Election Code, is amended
396	396	to read as follows:
397	397	(b) The county shall pay the expenses of a new election
398	398	ordered in the contest of a local option election [held under the
399	399	Alcoholic Beverage Code] that was financed from money deposited by
400	400	the applicants for the petition requesting the election.
401	401	SECTION 24. Sections 271.002(a), (b), and (c), Election
402	402	Code, are amended to read as follows:
403	403	(a) If the elections ordered by the authorities of two or
404	404	more political subdivisions are to be held on the same day in all or
405	405	part of the same county [territory], the governing bodies of the
406	406	political subdivisions may enter into an agreement to hold the
407	407	elections jointly in the election precincts that can be served by
408	408	common polling places, subject to Section 271.003.
409	409	(b) If an election ordered by the governor and the elections
410	410	ordered by the authorities of one or more political subdivisions
411	411	are to be held on the same day in all or part of the same county
412	412	[territory], the commissioners court of a county in which the
413	413	election ordered by the governor is to be held and the governing
414	414	bodies of the other political subdivisions may enter into an
415	415	agreement to hold the elections jointly in the election precincts
416	416	that can be served by common polling places, subject to Section
417	417	271.003.
418	418	(c) If another law requires two or more political
419	419	subdivisions to hold a joint election, the governing body of any
420	420	other political subdivision holding an election on the same day in
421	421	all or part of the same county [territory] in which the joint
422	422	election is to be held may enter into an agreement to participate in
423	423	the joint election with the governing bodies of the political
424	424	subdivisions holding the joint election.
425	425	SECTION 25. Section 277.001, Election Code, is amended to
426	426	read as follows:
427	427	Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
428	428	applies to a petition authorized or required to be filed under a law
429	429	outside this code in connection with an election[, except a
430	430	petition for a local option election held under the Alcoholic
431	431	Beverage Code].
432	432	SECTION 26. Sections 1.016, 32.051(d), 33.031(b),
433	433	41.0041(b), and 65.002(d), Election Code, are repealed.
434	434	SECTION 27. The change in law made by the repeal of Section
435	435	1.016, Election Code, by this Act does not affect the validity of a
436	436	person's action taken before the effective date of this Act,
437	437	including a person's registration to vote, if the person was
438	438	qualified to take such action before the effective date of this Act.
439	439	SECTION 28. The changes in law made by this Act apply only
440	440	to an election ordered on or after September 1, 2009.
441	441	SECTION 29. This Act takes effect September 1, 2009.