Texas 2009 - 81st Regular

Texas Senate Bill SB1970 Compare Versions

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1	1	S.B. No. 1970
2	2
3	3
4	4	AN ACT
5	5	relating to certain election practices and procedures; providing
6	6	penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (a), Section 2.051, Election Code, is
9	9	amended to read as follows:
10	10	(a) Except as provided by Sections 2.055 and 2.056, this
11	11	subchapter applies only to an election for officers of a political
12	12	subdivision other than a county in which write-in votes may be
13	13	counted only for names appearing on a list of write-in candidates
14	14	and in which[:
15	15	[(1)] each candidate for an office that is to appear on
16	16	the ballot is unopposed, except as provided by Subsection (b)[; and
17	17	[(2) no proposition is to appear on the ballot]. For
18	18	purposes of this section, a special election of a political
19	19	subdivision is considered to be a separate election with a separate
20	20	ballot from:
21	21	(1) a general election for officers of the political
22	22	subdivision held at the same time as the special election; or
23	23	(2) another special election of the political
24	24	subdivision held at the same time as the special election.
25	25	SECTION 2. Section 2.053, Election Code, is amended to read
26	26	as follows:
27	27	Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of
28	28	the certification, the governing body of the political subdivision
29	29	by order or ordinance may declare each unopposed candidate elected
30	30	to the office. If no election is to be held on election day by the
31	31	political subdivision, a copy of the order or ordinance shall be
32	32	posted on election day at each polling place used or that would have
33	33	been used in the election.
34	34	(b) If a declaration is made under Subsection (a), the
35	35	election is not held. [A copy of the order or ordinance shall be
36	36	posted on election day at each polling place that would have been
37	37	used in the election.]
38	38	(c) The ballots used at a separate election held at the same
39	39	time as an election that would have been held if the candidates were
40	40	not declared elected under this section shall include the offices
41	41	and names of the candidates declared elected under this section
42	42	listed separately after the measures or contested races in the
43	43	separate election under the heading "Unopposed Candidates Declared
44	44	Elected." The candidates shall be grouped in the same relative
45	45	order prescribed for the ballot generally. No votes are cast in
46	46	connection with the candidates.
47	47	(d) The secretary of state by rule may prescribe any
48	48	additional procedures necessary to accommodate a particular voting
49	49	system or ballot style and to facilitate the efficient and
50	50	cost-effective implementation of this section.
51	51	(e) A certificate of election shall be issued to each
52	52	candidate in the same manner and at the same time as provided for a
53	53	candidate elected at the election. The candidate must qualify for
54	54	the office in the same manner as provided for a candidate elected at
55	55	the election.
56	56	SECTION 3. Subsection (a), Section 2.054, Election Code, is
57	57	amended to read as follows:
58	58	(a) In an election that may be subject to this subchapter, a
59	59	[A] person commits an offense if by intimidation or by means of
60	60	coercion the person influences or attempts to influence a person
61	61	to:
62	62	(1) not file an application for a place on the ballot
63	63	or a declaration of write-in candidacy; or
64	64	(2) withdraw as a candidate [in an election that may be
65	65	subject to this subchapter].
66	66	SECTION 4. Chapter 2, Election Code, is amended by adding
67	67	Subchapter D to read as follows:
68	68	SUBCHAPTER D. CANCELLATION OF ELECTIONS
69	69	Sec. 2.081. CANCELLATION OF MOOT MEASURE. (a) If an
70	70	authority that orders an election on a measure determines that the
71	71	action to be authorized by the voters may not be taken, regardless
72	72	of the outcome of the election, the authority may declare the
73	73	measure moot and remove the measure from the ballot.
74	74	(b) If a measure is declared moot under this section and is
75	75	removed from the ballot, the authority holding the election shall
76	76	post notice of the declaration during early voting by personal
77	77	appearance and on election day, at each polling place that would
78	78	have been used for the election on the measure.
79	79	Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED.
80	80	An authority that orders an election may cancel the election only if
81	81	the power to cancel the election is specifically provided by
82	82	statute.
83	83	SECTION 5. Subsection (a), Section 4.004, Election Code, is
84	84	amended to read as follows:
85	85	(a) The notice of a general or special election must state:
86	86	(1) the nature and date of the election;
87	87	(2) except as provided by Subsection (c), the location
88	88	of each polling place, including each early voting polling place;
89	89	(3) the hours that the polls will be open; and
90	90	(4) any other information required by other law.
91	91	SECTION 6. Subsection (a), Section 16.031, Election Code,
92	92	is amended to read as follows:
93	93	(a) The registrar shall cancel a voter's registration
94	94	immediately on receipt of:
95	95	(1) notice under Section 13.072(b) or 15.021 or a
96	96	response under Section 15.053 that the voter's residence is outside
97	97	the county;
98	98	(2) an abstract of the voter's death certificate under
99	99	Section 16.001(a) or an abstract of an application indicating that
100	100	the voter is deceased under Section 16.001(b);
101	101	(3) an abstract of a final judgment of the voter's
102	102	total mental incapacity, partial mental incapacity without the
103	103	right to vote, conviction of a felony, or disqualification under
104	104	Section 16.002, 16.003, or 16.004;
105	105	(4) notice under Section 112.012 that the voter has
106	106	applied for a limited ballot in another county;
107	107	(5) notice from a voter registration official in
108	108	another state that the voter has registered to vote outside this
109	109	state; [or]
110	110	(6) notice from the early voting clerk under Section
111	111	101.0041 that a federal postcard application submitted by an
112	112	applicant states a voting residence address located outside the
113	113	registrar's county; or
114	114	(7) notice from the secretary of state that the voter
115	115	has registered to vote in another county, as determined by the
116	116	voter's driver's license number or personal identification card
117	117	number issued by the Department of Public Safety or social security
118	118	number.
119	119	SECTION 7. Section 67.010, Election Code, is amended by
120	120	adding Subsection (d) to read as follows:
121	121	(d) The presiding officer may make a clerical correction to
122	122	the officially canvassed returns based on any authorized amended
123	123	county canvass filed with the presiding officer.
124	124	SECTION 8. Subsection (e), Section 85.001, Election Code,
125	125	is amended to read as follows:
126	126	(e) For an election held on the uniform election date in May
127	127	and any resulting runoff election, the period for early voting by
128	128	personal appearance begins on the 12th day before election day and
129	129	continues through the fourth day before election day.
130	130	SECTION 9. Section 85.004, Election Code, is amended to
131	131	read as follows:
132	132	Sec. 85.004. PUBLIC NOTICE OF [MAIN] POLLING PLACE
133	133	LOCATION. The election order and the election notice must state the
134	134	location of each [the main] early voting polling place.
135	135	SECTION 10. Chapter 101, Election Code, is amended by
136	136	adding Section 101.0041 to read as follows:
137	137	Sec. 101.0041. ACTION BY EARLY VOTING CLERK ON CERTAIN
138	138	APPLICATIONS. The early voting clerk shall notify the voter
139	139	registrar of a federal postcard application submitted by an
140	140	applicant that states a voting residence address located outside
141	141	the registrar's county.
142	142	SECTION 11. Subsection (a), Section 112.002, Election Code,
143	143	is amended to read as follows:
144	144	(a) After changing residence to another county, a person is
145	145	eligible to vote a limited ballot by personal appearance during the
146	146	early voting period or by mail if:
147	147	(1) the person would have been eligible to vote in the
148	148	county of former residence on election day if still residing in that
149	149	county;
150	150	(2) the person is [was] registered to vote in the
151	151	county of former residence at the time the person offers to vote in
152	152	the county of new [when the voter changed] residence; and
153	153	(3) a voter registration for the person in the county
154	154	of new residence is not effective on or before election day.
155	155	SECTION 12. Subchapter A, Chapter 125, Election Code, is
156	156	amended by adding Section 125.010 to read as follows:
157	157	Sec. 125.010. PRESENCE OF VOTING SYSTEM TECHNICIAN
158	158	AUTHORIZED. (a) In this section, "voting system technician" means
159	159	a person who as a vocation repairs, assembles, maintains, or
160	160	operates voting system equipment.
161	161	(b) On the request of the authority holding the election, a
162	162	voting system technician may be present at a polling place, a
163	163	meeting of the early voting ballot board, or a central counting
164	164	station for the purpose of repairing, assembling, maintaining, or
165	165	operating voting system equipment.
166	166	SECTION 13. Subchapter B, Chapter 141, Election Code, is
167	167	amended by adding Section 141.040 to read as follows:
168	168	Sec. 141.040. NOTICE OF DEADLINES. Not later than the 30th
169	169	day before the first day on which a candidate may file an
170	170	application for a place on the ballot under this subchapter, the
171	171	authority with whom the application must be filed shall post notice
172	172	of the dates of the filing period in a public place in a building in
173	173	which the authority has an office.
174	174	SECTION 14. Subsection (a), Section 146.0301, Election
175	175	Code, as amended by Chapters 1107 (H.B. 2309) and 1109 (H.B. 2339),
176	176	Acts of the 79th Legislature, Regular Session, 2005, is reenacted
177	177	to read as follows:
178	178	(a) A write-in candidate may not withdraw from the election
179	179	after the 67th day before election day.
180	180	SECTION 15. Subsection (b), Section 172.116, Election Code,
181	181	is amended to read as follows:
182	182	(b) The committee shall convene to conduct the local canvass
183	183	at the county seat [not earlier than 6 p.m.] on the second Thursday
184	184	[or later than 1 p.m. on the second Friday] after election day at
185	185	the hour specified by the county chair.
186	186	SECTION 16. Section 172.120, Election Code, is amended by
187	187	amending Subsection (b) and adding Subsection (b-1) to read as
188	188	follows:
189	189	(b) The state executive committee shall convene to conduct
190	190	the state canvass for the general primary election not later than:
191	191	(1) [on] the second Sunday [Wednesday] after general
192	192	primary election day, for an election in which three or more
193	193	candidates are seeking election to the same office; or
194	194	(2) the 22nd day after general primary election day,
195	195	for an election not described by Subdivision (1).
196	196	(b-1) Not later than the third [second] Saturday after
197	197	runoff primary election day, the committee shall convene at the
198	198	call of the state chair to conduct the state canvass of the runoff
199	199	primary election.
200	200	SECTION 17. Section 192.031, Election Code, is amended to
201	201	read as follows:
202	202	Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON
203	203	BALLOT. (a) A political party is entitled to have the names of its
204	204	nominees for president and vice-president of the United States
205	205	placed on the ballot in a presidential general election if:
206	206	(1) the nominees possess the qualifications for those
207	207	offices prescribed by federal law;
208	208	(2) [before 5 p.m. of the 70th day before presidential
209	209	election day,] the party's state chair signs [and delivers to the
210	210	secretary of state] a written certification of:
211	211	(A) the names of the party's nominees for
212	212	president and vice-president; and
213	213	(B) the names and residence addresses of
214	214	presidential elector candidates nominated by the party, in a number
215	215	equal to the number of presidential electors that federal law
216	216	allocates to this state; [and]
217	217	(3) the party's state chair delivers the written
218	218	certification to the secretary of state before the later of:
219	219	(A) 5 p.m. of the 70th day before presidential
220	220	election day; or
221	221	(B) 5 p.m. of the first business day after the
222	222	date of final adjournment of the party's national presidential
223	223	nominating convention; and
224	224	(4) the party is:
225	225	(A) required or authorized by Subchapter A of
226	226	Chapter 172 to make its nominations by primary election; or
227	227	(B) entitled to have the names of its nominees
228	228	placed on the general election ballot under Chapter 181.
229	229	(b) If the state chair's certification of the party's
230	230	nominees is delivered by mail, it is considered to be delivered at
231	231	the time of its receipt by the secretary of state.
232	232	SECTION 18. Subsection (b), Section 192.033, Election Code,
233	233	is amended to read as follows:
234	234	(b) The [Not later than the 62nd day before presidential
235	235	election day, the] secretary of state shall deliver the
236	236	certification to the authority responsible for having the official
237	237	ballot prepared in each county before the later of the 62nd day
238	238	before presidential election day or the second business day after
239	239	the date of final adjournment of the party's national presidential
240	240	nominating convention.
241	241	SECTION 19. Subsection (a), Section 201.054, Election Code,
242	242	is amended to read as follows:
243	243	(a) Except as provided by Subsection (f), a candidate's
244	244	application for a place on a special election ballot must be filed
245	245	not later than:
246	246	(1) 5 p.m. of the 62nd [67th] day before election day,
247	247	if election day is on or after the 70th day after the date the
248	248	election is ordered;
249	249	(2) 5 p.m. of the 31st day before election day, if
250	250	election day is on or after the 36th day and before the 70th day
251	251	after the date the election is ordered; or
252	252	(3) 5 p.m. of a day fixed by the authority ordering the
253	253	election, which day must be not earlier than the fifth day after the
254	254	date the election is ordered and not later than the 20th day before
255	255	election day, if election day is before the 36th day after the date
256	256	the election is ordered.
257	257	SECTION 20. Section 212.112, Election Code, is amended to
258	258	read as follows:
259	259	Sec. 212.112. AMOUNT OF DEPOSIT. The [(a) Subject to
260	260	Subsection (d), the] amount of the recount deposit is [determined
261	261	by the number of precincts for which a recount is requested in the
262	262	document that the deposit accompanies, in accordance with the
263	263	following schedule]:
264	264	(1) $60 [five times the maximum hourly rate of pay for
265	265	election judges,] for each [a] precinct in which[:
266	266	[(A)] regular paper ballots were used; and
267	267	(2) $100 for each precinct in which an electronic
268	268	voting system was used [(B) electronic voting system ballots,
269	269	other than printed images of ballots cast using direct recording
270	270	electronic voting machines, are to be recounted manually; or
271	271	[(C) both write-in votes and voting system votes
272	272	are to be recounted;
273	273	[(2) 10 times the maximum hourly rate of pay for
274	274	election judges, for a precinct in which printed images of ballots
275	275	cast using direct recording electronic voting machines are to be
276	276	recounted manually;
277	277	[(3) three times the maximum hourly rate of pay for
278	278	election judges, for a precinct in which ballots are to be recounted
279	279	by automatic tabulating equipment and no write-in votes are to be
280	280	recounted; and
281	281	[(4) two times the maximum hourly rate of pay for
282	282	election judges, for a precinct in which:
283	283	[(A) voting machines were used and no write-in
284	284	votes are to be recounted; or
285	285	[(B) only the write-in votes cast in connection
286	286	with a voting system are to be recounted].
287	287	[(b) In a recount of an election for which a majority vote is
288	288	required for nomination or election to an office, the rate
289	289	prescribed by Subsection (a)(1)(C) applies to each precinct in
290	290	which a voting system was used, regardless of whether any write-in
291	291	votes were cast in the precinct, if:
292	292	[(1) the original election results show that write-in
293	293	votes were cast in the election; and
294	294	[(2) an exclusion of write-in votes from the recount
295	295	is not obtained under Section 212.136.
296	296	[(c) If more than one method of voting is used for early
297	297	voting, each additional method of voting used for the early voting
298	298	shall be treated as constituting an additional precinct in
299	299	determining the amount of a recount deposit for a recount of early
300	300	voting votes.
301	301	[(d) The minimum amount of a deposit accompanying a petition
302	302	for a recount is $50.]
303	303	SECTION 21. Subsections (b), (c), (d), (e), (f), (g), (h),
304	304	and (i), Section 213.013, Election Code, are amended to read as
305	305	follows:
306	306	(b) In a recount of an election on an office, each candidate
307	307	for the office is entitled to be present at the recount and have
308	308	watchers [representatives] present in the number corresponding to
309	309	the number of counting teams designated for the recount. If only
310	310	one counting team is designated or the recount is conducted on
311	311	automatic tabulating equipment, each candidate is entitled to two
312	312	watchers [representatives].
313	313	(c) In a recount of an election on an office for which a
314	314	political party has a nominee or for which a candidate is aligned
315	315	with a political party, the party is entitled to have watchers
316	316	[representatives] present in the same number prescribed for
317	317	candidates under Subsection (b).
318	318	(d) In a recount of an election on a measure, watchers
319	319	[representatives] may be appointed by the campaign treasurer or
320	320	assistant campaign treasurer of a specific-purpose political
321	321	committee that supports or opposes the measure in the number
322	322	corresponding to the number of counting teams designated for the
323	323	recount. If only one counting team is designated or the recount is
324	324	conducted on automatic tabulating equipment, each eligible
325	325	specific-purpose political committee is entitled to two watchers
326	326	[representatives].
327	327	(e) A watcher [representative] appointed to serve at a
328	328	recount must deliver a certificate of appointment to the recount
329	329	committee chair at the time the watcher [representative] reports
330	330	for service. A watcher [representative] who presents himself or
331	331	herself for service at any time immediately before or during the
332	332	recount and submits a proper certificate of appointment must be
333	333	accepted for service unless the number of appointees to which the
334	334	appointing authority is entitled have already been accepted.
335	335	(f) The certificate must be in writing and must include:
336	336	(1) the printed name and the signature of the watcher
337	337	[representative];
338	338	(2) the election subject to the recount;
339	339	(3) the time and place of the recount;
340	340	(4) the measure, candidate, or political party being
341	341	represented;
342	342	(5) the signature and the printed name of the person
343	343	making the appointment; and
344	344	(6) an indication of the capacity in which the
345	345	appointing authority is acting.
346	346	(g) If the watcher [representative] is accepted for
347	347	service, the recount committee chair shall keep the certificate and
348	348	deliver it to the recount coordinator after the recount for
349	349	preservation under Section 211.007. If the watcher
350	350	[representative] is not accepted for service, the recount committee
351	351	chair shall return the certificate to the watcher [representative]
352	352	with a signed statement of the reason for the rejection.
353	353	(h) Each person entitled to be present at a recount is
354	354	entitled to observe any activity conducted in connection with the
355	355	recount. The person is entitled to sit or stand conveniently near
356	356	the officers conducting the observed activity and near enough to an
357	357	officer who is announcing the votes or examining or processing the
358	358	ballots to verify that the ballots are counted or processed
359	359	correctly or to an officer who is tallying the votes to verify that
360	360	they are tallied correctly. Rules concerning a watcher's
361	361	[representative's] rights, duties, and privileges are otherwise
362	362	the same as those prescribed by this code for poll watchers to the
363	363	extent they can be made applicable.
364	364	(i) No mechanical or electronic means of recording images or
365	365	sound are allowed inside the room in which the recount is conducted,
366	366	or in any hallway or corridor in the building in which the recount
367	367	is conducted within 30 feet of the entrance to the room, while the
368	368	recount is in progress. However, on request of a person entitled to
369	369	appoint watchers [representatives] to serve at the recount, the
370	370	recount committee chair shall permit the person to photocopy under
371	371	the chair's supervision any ballot, including any supporting
372	372	materials, challenged by the person or person's watcher
373	373	[representative]. The person must pay a reasonable charge for
374	374	making the copies and, if no photocopying equipment is available,
375	375	may supply that equipment at the person's expense. The person shall
376	376	provide a copy on request to another person entitled to appoint
377	377	watchers [representatives] to serve at the recount.
378	378	SECTION 22. Section 213.016, Election Code, is amended to
379	379	read as follows:
380	380	Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT
381	381	RECORDING ELECTRONIC VOTING MACHINES. During any printing of
382	382	images of ballots cast using direct recording electronic voting
383	383	machines for the purpose of a recount, the full recount committee is
384	384	not required to be present. The recount committee chair shall
385	385	determine how many committee members must be present during the
386	386	printing of the images. Each candidate is entitled to be present
387	387	and to have representatives present during the printing of the
388	388	images in the same number as [prescribed by] Section 213.013(b)
389	389	prescribes for watchers for a recount [during the printing of the
390	390	images].
391	391	SECTION 23. Subsection (b), Section 221.014, Election Code,
392	392	is amended to read as follows:
393	393	(b) The county shall pay the expenses of a new election
394	394	ordered in the contest of a local option election [held under the
395	395	Alcoholic Beverage Code] that was financed from money deposited by
396	396	the applicants for the petition requesting the election.
397	397	SECTION 24. Subsections (a), (b), and (c), Section 271.002,
398	398	Election Code, are amended to read as follows:
399	399	(a) If the elections ordered by the authorities of two or
400	400	more political subdivisions are to be held on the same day in all or
401	401	part of the same county [territory], the governing bodies of the
402	402	political subdivisions may enter into an agreement to hold the
403	403	elections jointly in the election precincts that can be served by
404	404	common polling places, subject to Section 271.003.
405	405	(b) If an election ordered by the governor and the elections
406	406	ordered by the authorities of one or more political subdivisions
407	407	are to be held on the same day in all or part of the same county
408	408	[territory], the commissioners court of a county in which the
409	409	election ordered by the governor is to be held and the governing
410	410	bodies of the other political subdivisions may enter into an
411	411	agreement to hold the elections jointly in the election precincts
412	412	that can be served by common polling places, subject to Section
413	413	271.003.
414	414	(c) If another law requires two or more political
415	415	subdivisions to hold a joint election, the governing body of any
416	416	other political subdivision holding an election on the same day in
417	417	all or part of the same county [territory] in which the joint
418	418	election is to be held may enter into an agreement to participate in
419	419	the joint election with the governing bodies of the political
420	420	subdivisions holding the joint election.
421	421	SECTION 25. Section 277.001, Election Code, is amended to
422	422	read as follows:
423	423	Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
424	424	applies to a petition authorized or required to be filed under a law
425	425	outside this code in connection with an election[, except a
426	426	petition for a local option election held under the Alcoholic
427	427	Beverage Code].
428	428	SECTION 26. The following provisions of the Election Code
429	429	are repealed:
430	430	(1) Section 1.016;
431	431	(2) Subsection (d), Section 32.051;
432	432	(3) Subsection (b), Section 33.031;
433	433	(4) Subsection (b), Section 41.0041; and
434	434	(5) Subsection (d), Section 65.002.
435	435	SECTION 27. The change in law made by the repeal of Section
436	436	1.016, Election Code, by this Act does not affect the validity of a
437	437	person's action taken before the effective date of this Act,
438	438	including a person's registration to vote, if the person was
439	439	qualified to take such action before the effective date of this Act.
440	440	SECTION 28. The changes in law made by this Act apply only
441	441	to an election ordered on or after September 1, 2009.
442	442	SECTION 29. This Act takes effect September 1, 2009.
443	443	______________________________ ______________________________
444	444	President of the Senate Speaker of the House
445	445	I hereby certify that S.B. No. 1970 passed the Senate on
446	446	April 23, 2009, by the following vote: Yeas 29, Nays 1;
447	447	May 30, 2009, Senate refused to concur in House amendments and
448	448	requested appointment of Conference Committee; May 30, 2009, House
449	449	granted request of the Senate; June 1, 2009, Senate adopted
450	450	Conference Committee Report by the following vote: Yeas 30,
451	451	Nays 1.
452	452	______________________________
453	453	Secretary of the Senate
454	454	I hereby certify that S.B. No. 1970 passed the House, with
455	455	amendments, on May 27, 2009, by the following vote: Yeas 148,
456	456	Nays 0, one present not voting; May 30, 2009, House granted request
457	457	of the Senate for appointment of Conference Committee;
458	458	May 31, 2009, House adopted Conference Committee Report by the
459	459	following vote: Yeas 141, Nays 0, two present not voting.
460	460	______________________________
461	461	Chief Clerk of the House
462	462	Approved:
463	463	______________________________
464	464	Date
465	465	______________________________
466	466	Governor