Texas 2009 - 81st Regular

Texas Senate Bill SB317 Compare Versions

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1	1	By: Wentworth, Patrick S.B. No. 317
2	2	(In the Senate - Filed November 21, 2008; February 11, 2009,
3	3	read first time and referred to Committee on State Affairs;
4	4	May 15, 2009, reported favorably by the following vote: Yeas 5,
5	5	Nays 4; May 15, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the elimination of straight-party voting.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (c), Section 62.011, Election Code,
13	13	is amended to read as follows:
14	14	(c) The poster must include instructions applicable to the
15	15	election on:
16	16	(1) marking and depositing the ballot;
17	17	(2) voting for a write-in candidate;
18	18	(3) [casting a straight-party vote;
19	19	[(4)] casting a provisional ballot;
20	20	[(5) until the expiration of Section 13.122(d), voting
21	21	for the first time by a person who registered by mail;] and
22	22	(4) [(6)] securing an additional ballot if the voter's
23	23	original ballot is spoiled.
24	24	SECTION 2. Section 65.011, Election Code, is amended to
25	25	read as follows:
26	26	Sec. 65.011. OVERVOTING. If [Except as provided by Section
27	27	65.007(c) or (d), if] a voter marks the ballot for more candidates
28	28	for an office than the number of persons to be elected for that
29	29	office, none of the votes may be counted for that office.
30	30	SECTION 3. Subsection (c), Section 105.002, Election Code,
31	31	is amended to read as follows:
32	32	(c) The secretary of state shall prescribe the form of the
33	33	ballot to allow a voter to cast a vote in each federal, state, or
34	34	local race in the election. The ballot must allow a voter to write
35	35	in the name of a candidate [or, if applicable, cast a straight-party
36	36	vote].
37	37	SECTION 4. Subsection (a), Section 122.001, Election Code,
38	38	is amended to read as follows:
39	39	(a) A voting system may not be used in an election unless the
40	40	system:
41	41	(1) preserves the secrecy of the ballot;
42	42	(2) is suitable for the purpose for which it is
43	43	intended;
44	44	(3) operates safely, efficiently, and accurately and
45	45	complies with the error rate standards of the voting system
46	46	standards adopted by the Federal Election Commission;
47	47	(4) is safe from fraudulent or unauthorized
48	48	manipulation;
49	49	(5) permits voting on all offices and measures to be
50	50	voted on at the election;
51	51	(6) prevents counting votes on offices and measures on
52	52	which the voter is not entitled to vote;
53	53	(7) prevents counting votes by the same voter for more
54	54	than one candidate for the same office or, in elections in which a
55	55	voter is entitled to vote for more than one candidate for the same
56	56	office, prevents counting votes for more than the number of
57	57	candidates for which the voter is entitled to vote;
58	58	(8) prevents counting a vote on the same office or
59	59	measure more than once;
60	60	(9) permits write-in voting; and
61	61	(10) [is capable of permitting straight-party voting;
62	62	and
63	63	[(11)] is capable of providing records from which the
64	64	operation of the voting system may be audited.
65	65	SECTION 5. The following provisions of the Election Code
66	66	are repealed:
67	67	(1) Subdivision (20), Section 1.005;
68	68	(2) Section 52.071;
69	69	(3) Section 64.004;
70	70	(4) Section 65.007;
71	71	(5) Subsection (b), Section 122.001;
72	72	(6) Section 124.001;
73	73	(7) Subsection (d), Section 124.003;
74	74	(8) Subsection (d), Section 124.063; and
75	75	(9) Subsection (d), Section 232.050.
76	76	SECTION 6. This Act takes effect September 1, 2009.
77	77	* * * * *