Texas 2009 - 81st Regular

Texas House Bill HB4653 Compare Versions

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

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1	1	By: Howard of Travis H.B. No. 4653
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain election practices and procedures relating to
7	7	the conduct of elections; providing penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 32.033(b), Election Code, is amended to
10	10	read as follows:
11	11	(b) The [Except as provided by Subsection (c), the]
12	12	presiding judge shall appoint at least two clerks in addition to the
13	13	alternate presiding judge for each precinct in each election and
14	14	may appoint as many additional clerks, within the prescribed limit,
15	15	as are necessary for the proper conduct of the election.
16	16	SECTION 2. Sections 32.034(b) and (c), Election Code, are
17	17	amended to read as follows:
18	18	(b) The county chair of a political party whose candidate
19	19	for governor received the highest or second highest number of votes
20	20	in the county in the most recent gubernatorial general election
21	21	may, not later than the 25th day before a general election or the
22	22	10th day before a special election to which Subsection (a) applies,
23	23	submit to a presiding judge a list containing the names of at least
24	24	two persons who are eligible for appointment as a clerk. If two [a]
25	25	timely lists are [list is] submitted, the presiding judge shall
26	26	appoint at least one clerk from each [the] list, except as provided
27	27	by Subsection (c).
28	28	(c) If only two [one] additional clerks are [clerk is] to be
29	29	appointed for an election in which the alternate presiding judge
30	30	will serve as a clerk, the two additional clerks [clerk] shall be
31	31	appointed from the lists [list] of [a] political parties [party]
32	32	with which neither the presiding judge nor the alternate judge are
33	33	[is] affiliated or aligned, if such lists are [a list is] submitted.
34	34	If three [two such] lists are submitted, the presiding judge shall
35	35	decide from which lists [list] the appointments [appointment] will
36	36	be made. If such lists are [a list is] not submitted, the presiding
37	37	judge is not required to make appointments [an appointment] from
38	38	any list.
39	39	SECTION 3. Section 32.035(b), Election Code, is amended to
40	40	read as follows:
41	41	(b) A home-rule city charter may not provide for fewer than
42	42	four [three] election officers for each election precinct.
43	43	SECTION 4. Section 42.006(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) Except as otherwise provided by this section, a county
46	46	election precinct must contain at least 100 but not more than 2,000
47	47	[5,000] registered voters.
48	48	SECTION 5. Section 42.008(a), Election Code, is amended to
49	49	read as follows:
50	50	(a) In a special election for which use of county election
51	51	precincts is required, the commissioners court may consolidate, on
52	52	the recommendation of the county election board, two or more county
53	53	election precincts into a single precinct if the polling place is
54	54	located so it will adequately serve the voters of the consolidated
55	55	precinct and the single precinct will contain the permissible
56	56	number of voters under Section 42.006.
57	57	SECTION 6. Section 42.009, Election Code, is amended to
58	58	read as follows:
59	59	Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION.
60	60	The county executive committee of a political party holding a
61	61	primary election may order two or more county election precincts
62	62	consolidated into a single precinct if:
63	63	(1) the polling place is located so it will adequately
64	64	serve the voters of the consolidated precinct and the single
65	65	precinct will contain the permissible number of voters under
66	66	Section 42.006; and
67	67	(2) at least one consolidated precinct is situated
68	68	wholly within each commissioners precinct.
69	69	SECTION 7. Section 42.061, Election Code, is amended by
70	70	adding Subsection (d) to read as follows:
71	71	(d) An election precinct established for an election
72	72	ordered by an authority of a political subdivision other than a
73	73	county must:
74	74	(1) be established for an area in a manner that will
75	75	adequately serve the voters of that area; and
76	76	(2) contain the permissible number of voters for a
77	77	county election precinct under Section 42.006.
78	78	SECTION 8. Section 61.005, Election Code, is amended by
79	79	amending Subsection (b) and adding Subsection (b-1) to read as
80	80	follows:
81	81	(b) The ballots, ballot boxes, and envelopes used for
82	82	provisional ballots at a polling place shall, from the time the
83	83	polls open for voting until the precinct returns have been
84	84	certified and posted under Section 66.051:
85	85	(1) be in plain view of at least one election officer;
86	86	and
87	87	(2) be recorded by a video recording device with a full
88	88	unobstructed view of the ballots, the ballot boxes, and envelopes
89	89	used for provisional ballots [from the time the polls open for
90	90	voting until the precinct returns have been certified].
91	91	(b-1) The authority ordering an election shall provide the
92	92	video recording device described by Subsection (b)(2) to the
93	93	presiding judge of the polling place. The video recorded by the
94	94	device is an election record.
95	95	SECTION 9. Section 61.012, Election Code, is amended by
96	96	amending Subsection (a) and adding Subsection (d) to read as
97	97	follows:
98	98	(a) Each [Not later than January 1, 2006, each] polling
99	99	place must provide at least one voting station that:
100	100	(1) complies with Section 504 of the federal
101	101	Rehabilitation Act of 1973 (9 U.S.C. Section 794) and its
102	102	subsequent amendments, [and] Title II of the federal Americans with
103	103	Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
104	104	subsequent amendments, and Section 301(a)(3) of the federal Help
105	105	America Vote Act (42 U.S.C. Section 15481(a)(3)) and its subsequent
106	106	amendments; and
107	107	(2) provides a practical and effective means for
108	108	voters with physical disabilities to privately and independently
109	109	mark and cast a secret ballot, including a provisional ballot.
110	110	(d) A polling place may provide for voters with
111	111	disabilities:
112	112	(1) an electronic paper ballot marker machine approved
113	113	for use by the secretary of state that produces a paper ballot
114	114	similar in appearance to the paper ballots provided to voters at the
115	115	same polling place who are not disabled; or
116	116	(2) a nonelectronic, voter-assist device approved for
117	117	use by the secretary of state that uses a paper ballot that is the
118	118	same as or similar in appearance to the paper ballots provided to
119	119	voters at the same polling place who are not disabled.
120	120	SECTION 10. Section 63.011, Election Code, is amended by
121	121	adding Subsection (f) to read as follows:
122	122	(f) The casting of a provisional ballot in compliance with
123	123	this section complies with Section 302(a) of the federal Help
124	124	America Vote Act (42 U.S.C. Section 15482(a)).
125	125	SECTION 11. Section 65.001, Election Code, is amended to
126	126	read as follows:
127	127	Sec. 65.001. COUNTING OFFICERS. At each polling place, the
128	128	ballots shall be counted by one or more teams of election officers
129	129	assigned by the presiding judge. Each team must consist of four
130	130	[two or more] election officers.
131	131	SECTION 12. Section 65.005, Election Code, is amended by
132	132	amending Subsections (a) and (c) and adding Subsections (d), (e),
133	133	and (f) to read as follows:
134	134	(a) One member of the counting team shall examine each
135	135	ballot and clearly announce the name of each candidate for whom a
136	136	vote has been received or whether a vote has been received for or
137	137	against a measure. A second member of the counting team shall
138	138	simultaneously observe the ballot being examined to verify that the
139	139	correct candidate's name or vote on a measure has been announced. A
140	140	third member [The other members] of the counting team shall record
141	141	the votes on the tally lists as they are announced. A fourth member
142	142	of the counting team shall observe the tally lists as the vote is
143	143	being recorded to verify that the correct vote has been recorded.
144	144	(c) On completing the count, the [each] member of the
145	145	counting team assigned to record [tally] votes shall compute the
146	146	total number of votes recorded [tallied] on each tally [the] list
147	147	the member has kept and enter the totals on each [the] tally list.
148	148	After verifying that the three tally lists are in agreement, the
149	149	recording [each counting] officer shall sign each [the] list that
150	150	the officer has kept. The two team members designated as observers
151	151	under Subsection (a) shall observe the computing and the entering
152	152	of totals on the tally lists and the signing of each list.
153	153	(d) To the extent possible, the presiding judge shall assign
154	154	the tasks of the counting team so that:
155	155	(1) the vote announcer and the vote recorder are of
156	156	different political parties; and
157	157	(2) each observer is of a different political party
158	158	than the team member whom the observer is assigned to observe.
159	159	(e) The county election commission designated under Section
160	160	31.032(a) shall consider implementing alternative hand-counted
161	161	paper ballot voting materials, including color-coded perforated
162	162	paper ballots, and hand counting methods, including the
163	163	sort-and-stack team counting method.
164	164	(f) Any interested citizen may silently observe the opening
165	165	of the ballot box, the counting of the votes, and the final
166	166	computation of the precinct results from a position in the polling
167	167	place that is not disruptive to the work of the election officers.
168	168	SECTION 13. Section 65.014(c), Election Code, is amended to
169	169	read as follows:
170	170	(c) The returns shall be prepared as an original and four
171	171	[three] copies, and on completing the returns, the presiding judge
172	172	shall sign each one to certify its accuracy.
173	173	SECTION 14. Section 66.003, Election Code, is amended to
174	174	read as follows:
175	175	Sec. 66.003. ENVELOPES FOR DISTRIBUTION OF RECORDS. (a)
176	176	Five [Four] envelopes shall be furnished to each polling place for
177	177	use in assembling and distributing the precinct election records.
178	178	(b) The envelopes shall be labeled and addressed as follows:
179	179	(1) "Envelope No. 1," addressed to the presiding
180	180	officer of the local canvassing authority;
181	181	(2) "Envelope No. 2," addressed to the general
182	182	custodian of election records;
183	183	(3) "Envelope No. 3," addressed to the presiding
184	184	judge; [and]
185	185	(4) "Envelope No. 4," addressed to the voter
186	186	registrar; and
187	187	(5) "Envelope No. 5," addressed to the citizens of
188	188	Texas.
189	189	SECTION 15. Subchapter B, Chapter 66, Election Code, is
190	190	amended by adding Section 66.0242 to read as follows:
191	191	Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Envelope no. 5
192	192	must contain a signed copy of the precinct returns. Each page of
193	193	the precinct returns must be displayed in a separate sleeve that is
194	194	resealable, waterproof, transparent, and large enough to display a
195	195	single unfolded page of the precinct returns.
196	196	SECTION 16. Section 66.025(a), Election Code, is amended to
197	197	read as follows:
198	198	(a) Ballot box no. 3 must contain:
199	199	(1) the voted ballots;
200	200	(2) a copy of the precinct returns;
201	201	(3) a tally list; [and]
202	202	(4) a copy of the poll list; and
203	203	(5) all original video footage recorded at the polling
204	204	place.
205	205	SECTION 17. Section 66.051, Election Code, is amended by
206	206	adding Subsections (e) and (f) to read as follows:
207	207	(e) The presiding judge shall take envelope no. 5 to the
208	208	public entrance through which voters entered the polling place and:
209	209	(1) remove the sleeve-protected signed copy of the
210	210	precinct returns from the envelope;
211	211	(2) securely fasten each page of the precinct returns
212	212	to the outside surface of the entrance door at a height not greater
213	213	than six feet; and
214	214	(3) ensure that every page is separately posted, is
215	215	easily readable, and can be documented by a person.
216	216	(f) A presiding judge who fails to fasten the precinct
217	217	returns to the outside surface of the entrance door as required by
218	218	Subsection (e) commits an offense. An offense under this
219	219	subsection is a state jail felony.
220	220	SECTION 18. Subchapter C, Chapter 66, Election Code, is
221	221	amended by adding Section 66.0525 to read as follows:
222	222	Sec. 66.0525. RETURNS MUST REMAIN POSTED. (a) The posted
223	223	precinct returns must remain posted on the public entrance to the
224	224	polling place for 24 hours and may not be removed or torn, defaced,
225	225	or otherwise altered during that period.
226	226	(b) A person who removes or alters precinct returns posted
227	227	under this section commits an offense. An offense under this
228	228	subsection is a state jail felony.
229	229	SECTION 19. Section 66.057, Election Code, is amended by
230	230	adding Subsection (d) to read as follows:
231	231	(d) Precinct records not otherwise provided for by this
232	232	section become public information when the returns are posted under
233	233	Section 66.051(e).
234	234	SECTION 20. Section 68.032(a), Election Code, is amended to
235	235	read as follows:
236	236	(a) The [In precincts using paper ballots, voting machines,
237	237	or electronic voting system ballot counters, the] copy of the
238	238	returns required to be delivered to the county clerk shall be
239	239	delivered not later than two hours, or as soon thereafter as
240	240	practicable, after the closing of the polls or after the last person
241	241	voted, whichever is later.
242	242	SECTION 21. Section 85.032(b), Election Code, is amended to
243	243	read as follows:
244	244	(b) The ballot box in which voters deposit their marked
245	245	early voting ballots must have two locks, each with a different key,
246	246	and must be designed and constructed so that the box can be sealed
247	247	to detect any unauthorized opening of the box and that the ballot
248	248	slot can be sealed to prevent any unauthorized deposit in the box.
249	249	The seals for the boxes must be serially numbered for each election.
250	250	[The procedures prescribed by Sections 127.064, 127.065, 127.066,
251	251	and 127.068 governing the use of sealed ballot boxes in electronic
252	252	voting system elections apply to the use of sealed ballot boxes
253	253	under this title to the extent those procedures can be made
254	254	applicable, with references to the central counting station being
255	255	applied to the early voting ballot board.] The secretary of state
256	256	shall prescribe any procedures necessary to implement the use of
257	257	sealed ballot boxes in early voting.
258	258	SECTION 22. Section 87.026, Election Code, is amended to
259	259	read as follows:
260	260	Sec. 87.026. CITIZENS WELCOMED [BYSTANDERS EXCLUDED]. Any
261	261	interested citizen [Except as permitted by this code, a person] may
262	262	[not] be in the meeting place of an early voting ballot board during
263	263	the time of the board's operations. A person whose presence in the
264	264	meeting place is authorized by this section and by no other
265	265	provision of this code must silently observe the board's operations
266	266	from a position in the meeting place that is not disruptive to the
267	267	work of the early voting ballot board.
268	268	SECTION 23. Section 172.126(g), Election Code, is amended
269	269	to read as follows:
270	270	(g) A separate set of ballot boxes or other suitable
271	271	containers approved by the secretary of state shall be used for each
272	272	party's primary[, except that one set of ballot boxes or other
273	273	containers may be used in a joint primary using an electronic voting
274	274	system in which the ballots are deposited by the voters directly
275	275	into a unit of automatic tabulating equipment]. The lists of
276	276	registered voters and the voters' registration certificates shall
277	277	be marked and stamped to show the appropriate party affiliation for
278	278	each voter. A separate list of registered voters shall be used for
279	279	each party's primary. The secretary of state by rule shall
280	280	prescribe requirements to ensure that one party's ballot is readily
281	281	distinguished from another's, which may include the use of
282	282	different colors of ink.
283	283	SECTION 24. The following laws are repealed:
284	284	(1) Sections 32.033(c), 42.006(d), 61.012(b),
285	285	66.057(a), 68.032(b), 81.003, 85.033, 87.023, 87.024, 87.063(b),
286	286	111.005(c), and 111.006, Election Code;
287	287	(2) Subchapter F, Chapter 87, Election Code; and
288	288	(3) Title 8, Election Code.
289	289	SECTION 25. A home-rule city shall amend its charter as
290	290	necessary to comply with the change in law made by this Act to
291	291	Section 32.035(b), Election Code, not later than September 1, 2010.
292	292	SECTION 26. The secretary of state shall prescribe any
293	293	procedure necessary for the implementation of the changes in law
294	294	made by this Act.
295	295	SECTION 27. This Act takes effect September 1, 2009.