| 1 | 1 | | 81R10122 JRJ-F |
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| 2 | 2 | | By: Smith of Tarrant H.B. No. 4354 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a program allowing for countywide voting centers as an |
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| 8 | 8 | | alternative election system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 43, Election Code, is |
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| 11 | 11 | | amended by adding Section 43.007 to read as follows: |
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| 12 | 12 | | Sec. 43.007. COUNTYWIDE VOTING CENTERS. (a) A county may |
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| 13 | 13 | | conduct its elections under this section as an alternative to the |
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| 14 | 14 | | general election provisions of this chapter. |
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| 15 | 15 | | (b) The secretary of state shall establish rules for |
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| 16 | 16 | | counties to allow a commissioners court to eliminate county |
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| 17 | 17 | | election precincts and establish countywide voting centers for: |
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| 18 | 18 | | (1) each general election for state and county |
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| 19 | 19 | | officers; |
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| 20 | 20 | | (2) each countywide election held on the uniform |
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| 21 | 21 | | election date in May; and |
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| 22 | 22 | | (3) each election of a political subdivision located |
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| 23 | 23 | | in the county that is held jointly with an election described by |
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| 24 | 24 | | Subdivision (1) or (2). |
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| 25 | 25 | | (c) The commissioners court of a county that desires to use |
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| 26 | 26 | | countywide voting centers as an alternative election system shall |
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| 27 | 27 | | hold a public hearing on the proposed election system change. The |
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| 28 | 28 | | county shall make a reasonable effort to provide notice of the |
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| 29 | 29 | | hearing to other political subdivisions within the jurisdiction of |
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| 30 | 30 | | the county. A county that has previously used countywide voting |
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| 31 | 31 | | centers as an alternative election system is not required to hold a |
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| 32 | 32 | | hearing under this subsection. |
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| 33 | 33 | | (d) At the request of the commissioners court, the secretary |
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| 34 | 34 | | of state may provide for an audit of the direct recording electronic |
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| 35 | 35 | | voting units before and after the election, and during the election |
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| 36 | 36 | | to the extent such an audit is practicable. |
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| 37 | 37 | | (e) The secretary of state by rule shall require a county |
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| 38 | 38 | | that desires to use the alternative election system to: |
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| 39 | 39 | | (1) implement a computerized voter registration list |
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| 40 | 40 | | that allows an election officer at the voting center to verify that |
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| 41 | 41 | | a voter has not previously voted in the election; |
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| 42 | 42 | | (2) use direct recording electronic voting machines or |
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| 43 | 43 | | other state-certified voting equipment that has the appropriate |
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| 44 | 44 | | capabilities to permit the use of countywide voting centers; and |
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| 45 | 45 | | (3) document that the county possesses the appropriate |
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| 46 | 46 | | technological capabilities as determined by the secretary of state. |
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| 47 | 47 | | (f) Each countywide voting center must allow a voter to vote |
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| 48 | 48 | | in the same elections in which the voter would be entitled to vote |
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| 49 | 49 | | in the county election precinct in which the voter resides. |
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| 50 | 50 | | (g) In selecting countywide voting centers, a county must |
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| 51 | 51 | | adopt a methodology for determining where each voting center will |
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| 52 | 52 | | be located. The total number of countywide voting centers may not |
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| 53 | 53 | | be less than 50 percent of the number of precinct polling places |
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| 54 | 54 | | that would otherwise be located in the county under this chapter. |
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| 55 | 55 | | (h) A county opting to use this alternative election system |
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| 56 | 56 | | for the first time must establish a plan to provide notice informing |
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| 57 | 57 | | voters of the changes made to the locations of polling places under |
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| 58 | 58 | | the program. The plan must require that notice of the location of |
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| 59 | 59 | | the nearest countywide voting center be posted on election day at |
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| 60 | 60 | | each polling place used in the previous general election for state |
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| 61 | 61 | | and county officers that is not used as a countywide voting center. |
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| 62 | 62 | | (i) In creating the plan under Subsection (h), the county |
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| 63 | 63 | | may solicit input from organizations located within the county who |
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| 64 | 64 | | represent minority voters. |
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| 65 | 65 | | SECTION 2. Section 32.002, Election Code, is amended by |
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| 66 | 66 | | adding Subsection (g) to read as follows: |
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| 67 | 67 | | (g) If election precincts are replaced with countywide |
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| 68 | 68 | | voting centers under the alternative election system permitted by |
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| 69 | 69 | | Section 43.007, the commissioners court shall make a reasonable |
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| 70 | 70 | | effort to appoint the election judges for each voting center from |
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| 71 | 71 | | among the judges appointed for the precincts located in the area |
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| 72 | 72 | | served by the voting center. |
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| 73 | 73 | | SECTION 3. Section 85.001, Election Code, is amended by |
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| 74 | 74 | | adding Subsection (f) to read as follows: |
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| 75 | 75 | | (f) A county that implements countywide voting centers |
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| 76 | 76 | | under Section 43.007 may extend the early voting period so that the |
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| 77 | 77 | | period for early voting by personal appearance begins on the 17th |
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| 78 | 78 | | day before election day and continues through the day before |
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| 79 | 79 | | election day. |
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| 80 | 80 | | SECTION 4. This Act takes effect September 1, 2009. |
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