By: Duncan S.B. No. 1310
A BILL TO BE ENTITLED
AN ACT
relating to a program allowing for countywide voting locations in
certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.007 to read as follows:
Sec. 43.007. COUNTYWIDE POLLING PLACE PROGRAM. (a) The
secretary of state shall implement a program to allow each
commissioners court participating in the program to eliminate
county election precinct polling places and establish countywide
polling places for:
(1) each general election for state and county
officers;
(2) each countywide election held on the uniform
election date in May;
(3) each election on a proposed constitutional
amendment; and
(4) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision (1), (2), or (3).
(b) The commissioners court of a county that desires to
participate in the program authorized by this section shall hold a
public hearing on the county's participation in the program. The
commissioners court shall submit a transcript or electronic
recording of the public comments made at the hearing to the
secretary of state. A county that has previously participated in a
similar program and held a public hearing on the county's
participation in that program is not required to hold a hearing
under this subsection.
(c) In conducting the program, the secretary of state shall
provide for an audit of the direct recording electronic voting
units before and after the election, and during the election to the
extent such an audit is practicable.
(d) The secretary of state shall select to participate in
the program each county that:
(1) has held a public hearing under Subsection (b);
(2) has implemented a computerized voter registration
list that allows an election officer at the polling place to verify
that a voter has not previously voted in the election;
(3) uses direct recording electronic voting machines;
and
(4) is determined by the secretary of state to have the
appropriate technological capabilities.
(e) Each countywide polling place must allow a voter to vote
in the same elections in which the voter would be entitled to vote
in the county election precinct in which the voter resides.
(f) In selecting countywide polling places, a county must
adopt a methodology for determining where each polling place will
be located. The total number of countywide polling places may not
be less than 50 percent of the number of precinct polling places
that would otherwise be located in the county.
(g) A county participating in the program must establish a
plan to provide notice informing voters of the changes made to the
locations of polling places under the program. The plan must
require that notice of the location of the nearest countywide
polling place be posted on election day at each polling place used
in the previous general election for state and county officers that
is not used as a countywide polling place.
(h) In creating the plan under Subsection (g), the county
shall solicit input from organizations or persons located within
the county who represent minority voters.
(i) The secretary of state may select a county to
participate in the program that has previously participated in a
similar program.
(j) Not later than January 1 of each odd-numbered year, the
secretary of state shall file a report with the legislature. The
report may include the secretary of state's recommendations on the
future use of countywide polling places and suggestions for
statutory amendment regarding the use of countywide polling places.
SECTION 2. This Act takes effect September 1, 2009.