By: Taylor of Galveston H.B. No. 2817
A BILL TO BE ENTITLED
AN ACT
relating to certain election practices and procedures; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Election Code, is amended by adding
Section 1.016 to read as follows:
Sec. 1.016. RESIDENCE FOR CERTAIN REGISTERED VOTERS.
(a) For purposes of registration under this code, a person's
residence is established at the first residence address in the
following list that is applicable to the person:
(1) the address the person claims as a homestead in
this state;
(2) the address stated on a driver's license issued to
the person by the Department of Public Safety that has not expired
or, if the person has notified the department of a change of address
under Section 521.054, Transportation Code, the new address
contained in the notification;
(3) the address stated on a personal identification
card issued to the person by the Department of Public Safety that
has not expired or, if the person has notified the department of a
change of address under Section 521.054, Transportation Code, the
new address contained in the notification;
(4) the address stated on a license to carry a
concealed handgun issued to the person by the Department of Public
Safety that has not expired or, if the person has notified the
department of a change of address under Section 411.181, Government
Code, the new address contained in the notification; or
(5) an address corresponding to a residence at which
the person receives mail.
(b) The address described by Subsection (a)(5) may not be a
commercial post office box or similar location that does not
correspond to a residence.
(c) This section does not apply to:
(1) a person who is a member of the armed forces of the
United States or the spouse or a dependent of a member; or
(2) a person enrolled as a full-time student at an
institution of higher education.
(d) The secretary of state shall adopt rules as necessary to
implement this section.
SECTION 2. Section 4.004(a), Election Code, is amended to
read as follows:
(a) The notice of a general or special election must state:
(1) the nature and date of the election;
(2) except as provided by Subsection (c), the location
of each polling place[, including each early voting polling place];
(3) the hours that the polls will be open; and
(4) any other information required by other law.
SECTION 3. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.008 to read as follows:
Sec. 13.008. PERFORMANCE-BASED COMPENSATION FOR
REGISTERING VOTERS PROHIBITED. (a) A person commits an offense if
the person:
(1) compensates another person based on the number of
voter registrations that the other person successfully
facilitates;
(2) presents another person with a quota of voter
registrations to facilitate as a condition of payment or
employment;
(3) engages in another practice that causes another
person's compensation from or employment status with the person to
be dependent on the number of voter registrations that the other
person facilitates; or
(4) accepts compensation for an activity described by
Subdivision (1), (2), or (3).
(b) An offense under this section is a Class A misdemeanor.
(c) An officer, director, or other agent of an entity that
commits an offense under this section is punishable for the
offense.
SECTION 4. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
secretary of state shall implement a program to allow a person who
has a valid driver's license or personal identification card issued
in this state to complete a voter registration application over the
Internet from the official website of this state and either
directly or via links to the websites of the secretary of state, the
Department of Public Safety, and counties participating in the
program.
(b) An applicant for electronic voter registration must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) affirmatively consent to the use of the address
and signature on the applicant's driver's license or personal
identification card for voter registration purposes.
(c) For each application submitted, the program shall
require that a digital copy of the applicant's signature be
obtained from the Department of Public Safety.
(d) An application submitted under this section is
considered for all purposes as an application submitted by mail
under this title.
(e) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(f) The rules adopted under Subsection (e) must require that
each Internet website through which a person may complete a voter
registration application include a description of the offense
described by Section 13.007 in a conspicuous location on the
website near the place where the person begins or submits the
application.
SECTION 5. Section 13.031(d), Election Code, is amended to
read as follows:
(d) To be eligible for appointment as a volunteer deputy
registrar, a person must:
(1) be a registered voter [18 years of age or older];
[and]
(2) not have been finally convicted of a felony or, if
so convicted, must have:
(A) fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the
resulting disability to vote; and
(3) not have been finally convicted of an offense
under Section 32.51, Penal Code.
SECTION 6. Section 13.033(b), Election Code, is amended to
read as follows:
(b) If a person is to be appointed, the registrar shall
prepare a certificate of appointment in duplicate containing:
(1) the date of appointment;
(2) the statement: "I, _____________, Voter Registrar
for _____________ County, do hereby appoint _______________ as a
volunteer deputy registrar for _____________ County.";
(3) the person's residence address;
(4) the person's voter registration number, if any;
(5) a statement that the term of the appointment
expires December 31 of an even-numbered year; and
(6) a statement that the appointment:
(A) terminates on the person's final conviction
for an offense:
(i) for failure to deliver a registration
application; or
(ii) under Section 32.51, Penal Code; and
(B) may terminate on the registrar's
determination that the person failed to adequately review a
registration application.
SECTION 7. Section 13.036(a), Election Code, is amended to
read as follows:
(a) An appointment as a volunteer deputy registrar is
terminated on:
(1) the expiration of the volunteer deputy's term of
appointment; or
(2) the final conviction of the volunteer deputy for
an offense prescribed by Section 13.008 or 13.043 of this code or
Section 32.51, Penal Code.
SECTION 8. Section 18.064, Election Code, is amended to
read as follows:
Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
fails to substantially comply with Section 15.083, 16.032,
[18.042,] or 18.061 or with rules adopted by the secretary of state
implementing the statewide computerized voter registration list,
the registrar is not entitled to receive state funds for financing
voter registration in the county.
SECTION 9. Section 18.065(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall monitor each registrar for
substantial compliance with Sections 15.083, 16.032, [18.042,] and
18.061 and with rules implementing the statewide computerized voter
registration list.
SECTION 10. Subchapter C, Chapter 18, Election Code, is
amended by adding Section 18.068 to read as follows:
Sec. 18.068. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the registrar
shall electronically submit to the secretary of state the record of
each voter participating in the election.
SECTION 11. Section 19.002(d), Election Code, is amended to
read as follows:
(d) The comptroller may not issue a warrant if on June 1 of
the year in which the warrant is to be issued the most recent notice
received by the comptroller from the secretary of state under
Section 18.065 indicates that the registrar is not in substantial
compliance with Section 15.083, 16.032, [18.042,] or 18.065 or with
rules implementing the registration service program.
SECTION 12. Section 31.006, Election Code, is amended to
read as follows:
Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL.
(a) If, after receiving a complaint alleging criminal conduct in
connection with an election, the secretary of state determines that
there is reasonable cause to suspect that the alleged criminal
conduct occurred, the secretary shall promptly refer the complaint
to the attorney general. The secretary shall deliver to the
attorney general all pertinent documents in the secretary's
possession.
(b) The documents submitted to the attorney general under
Subsection (a) are not considered public information until the
attorney general has completed the investigation or has made a
determination that the complaint referred does not warrant an
investigation.
SECTION 13. Section 31.092(b), Election Code, is amended to
read as follows:
(b) The county election officer may contract with the county
executive committee of a political party holding a primary election
in the county to perform election services, as provided by this
subchapter, in the party's general primary election or runoff
primary election, or both. [To be binding, a contract under this
subsection must be approved in writing by the secretary of state,
and the execution of a contract is not completed until written
approval is obtained.]
SECTION 14. Section 31.093(a), Election Code, is amended to
read as follows:
(a) If requested to do so by a political subdivision or
political party, the county elections administrator shall enter
into a contract to furnish the election services requested, in
accordance with a cost schedule agreed on by the contracting
parties. [If the contracting parties are unable to reach an
agreement, on referral by either party, the secretary of state
shall either prescribe terms that the administrator must accept or
instruct the administrator to decline to enter into a contract with
the requesting party.]
SECTION 15. Section 32.002(c), Election Code, is amended to
read as follows:
(c) The presiding judge and alternate presiding judge must
be affiliated or aligned with different political parties, subject
to this subsection. Before July of each year in a county to which
Subsection (a)(1) applies or before August of each year in a county
to which Subsection (a)(2) applies, the county chair of a political
party whose candidate for governor received the highest or second
highest number of votes in the county in the most recent
gubernatorial general election shall submit in writing to the
commissioners court a list of names of persons in order of
preference for each precinct who are eligible for appointment as an
election judge. The county chair may supplement the list of names
of persons until the 20th day before a general election or the 15th
day before a special election in case an appointed election judge
becomes unable to serve. The commissioners court shall appoint the
first person meeting the applicable eligibility requirements from
the list submitted in compliance with this subsection by the party
with the highest number of votes in the precinct as the presiding
judge and the first person meeting the applicable eligibility
requirements from the list submitted in compliance with this
subsection by the party with the second highest number of votes in
the precinct as the alternate presiding judge. If the candidates
for governor of two political parties received the same number of
votes in the precinct, the first person meeting the applicable
eligibility requirements from the list submitted by the party whose
candidate for governor received the highest number of votes in the
county shall be appointed as the presiding judge and the first
person meeting the applicable eligibility requirements from the
list submitted by the party whose candidate for governor received
the second highest number of votes in the county shall be appointed
as the alternate presiding judge. The commissioners court may
reject the list if the persons whose names are submitted on the list
are determined not to meet the applicable eligibility requirements.
SECTION 16. Section 32.075, Election Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) The presiding judge or a special peace officer appointed
under this section may not remove an alternate presiding judge from
the polling place without cause or:
(1) the approval of the county clerk, county elections
administrator, or similar official administering the election for a
political subdivision; and
(2) the documentation and certification by the
presiding judge of the reason for removal.
(g) A person is eligible for appointment as a special peace
officer under Subsection (b) only if the person is licensed as a
peace officer by the Commission on Law Enforcement Officer
Standards and Education.
SECTION 17. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve;
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents; and
(6) contain an affidavit executed by the appointee
stating that the appointee will not have possession of a device
capable [any mechanical or electronic means] of recording images or
sound or that the appointee will disable or deactivate the device
while serving as a watcher.
SECTION 18. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. CONFIDENTIAL INFORMATION. (a) During the
administration of the election, any information provided by a
watcher under this chapter that may be used to identify the watcher
is confidential and may be used only for election administration
purposes. The information may be made available to the public
beginning on the day after election day.
(b) It is an offense to disclose information described by
Subsection (a) during the administration of the election without
the permission of the watcher.
(c) An offense under this section is a Class B misdemeanor.
SECTION 19. Section 33.051(c), Election Code, is amended to
read as follows:
(c) A watcher may not be accepted for service if the watcher
has possession of a device capable [any mechanical or electronic
means] of recording images or sound unless the watcher agrees to
disable or deactivate the device. The presiding judge may inquire
whether a watcher has possession of any prohibited recording device
before accepting the watcher for service.
SECTION 20. Section 43.007, Election Code, is amended by
adding Subsections (k) and (l) to read as follows:
(k) Each county that previously participated in a program
under this section is authorized to continue participation in the
program for future elections described by Subsection (a) if:
(1) the commissioners court of the county approves
participation in the program; and
(2) the secretary of state determines the county's
participation in the program was successful.
(l) Subsections (b), (c), and (d) do not apply to a county
participating in the program under Subsection (k).
SECTION 21. Section 64.032, Election Code, is amended by
adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) The person selected under Subsection (c) must also be
a registered voter of the county in which the election is being held
unless the person is related to the voter within the second degree
by consanguinity or affinity, as determined under Subchapter B,
Chapter 573, Government Code.
(d) If assistance is provided by a person of the voter's
choice, the person shall provide a photo identification to an
election officer and the officer shall enter the person's name and
address on the poll list beside the voter's name.
SECTION 22. Subchapter B, Chapter 64, Election Code, is
amended by adding Section 64.0325 to read as follows:
Sec. 64.0325. LIMITATION ON ASSISTANCE. (a) A person
chosen under Section 64.032(c) may not assist more than two voters
in a day, including assistance provided during the period for early
voting by personal appearance and assistance provided under Section
86.010.
(b) A person who violates Subsection (a) is liable to the
state for a civil penalty not to exceed $10,000. The attorney
general or the appropriate district or county attorney may bring
suit to recover a penalty under this subsection.
(c) Subsection (a) does not apply to a person assisting a
voter if the person:
(1) is an employee of a state-licensed care facility
in which the voter resides and is providing assistance to the voter
in the normal course of the employee's authorized duties;
(2) is a sign language interpreter providing
interpretation services to the voter; or
(3) is related to the voter within the second degree by
consanguinity or affinity, as determined under Subchapter B,
Chapter 573, Government Code.
SECTION 23. Section 64.036(d), Election Code, is amended to
read as follows:
(d) An offense under this section is a state jail felony
[Class A misdemeanor].
SECTION 24. Section 84.007(b), Election Code, is amended to
read as follows:
(b) An application must be submitted to the early voting
clerk by:
(1) mail;
(2) common or contract carrier; or
(3) telephonic facsimile machine, [if the applicant is
absent from the county and] if a machine is available in the clerk's
office.
SECTION 25. Section 85.004, Election Code, is amended to
read as follows:
Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
The election order and the election notice must state the location
of the main [each] early voting polling place.
SECTION 26. Sections 85.032(b), (d), and (f), Election
Code, are amended to read as follows:
(b) The ballot box in which voters deposit their marked
early voting ballots must have two locks, each with a different key,
and must be designed and constructed so that the box can be sealed
to detect any unauthorized opening of the box and that the ballot
slot can be sealed to prevent any unauthorized deposit in the box.
The seals for the boxes must be serially numbered for each election.
The procedures prescribed by Sections 127.064, 127.065, 127.066,
and 127.068 governing the use of sealed ballot boxes in electronic
voting system elections apply to the use of sealed ballot boxes
under this title to the extent those procedures can be made
applicable[, with references to the central counting station being
applied to the early voting ballot board]. The secretary of state
shall prescribe any procedures necessary to implement the use of
sealed ballot boxes in early voting.
(d) Each custodian shall retain possession of the key
entrusted to the custodian until it is delivered to the presiding
judge of the central counting station [early voting ballot board
under Subchapter B, Chapter 87].
(f) The secretary of state shall prescribe procedures
providing for the security of the voted early voting ballots from
the last day of voting by personal appearance at a polling place
until the day the ballots are counted. [The procedures must include
security measures covering the transfer of the ballots between the
early voting clerk and the early voting ballot board.]
SECTION 27. Subchapter C, Chapter 85, Election Code, is
amended by adding Section 85.073 to read as follows:
Sec. 85.073. MOBILE VOTING STATIONS IN CERTAIN COUNTIES IN
CERTAIN ELECTIONS. (a) This section applies to early voting in an
election that includes a bond proposition in a city or school
district located in a county with a population of more than one
million.
(b) If a mobile voting station is used, the mobile voting
station:
(1) may not change locations during the early voting
period; and
(2) shall be placed within the territory covered by
the election in a manner to allow all of the voters in the territory
the same access to the mobile voting station during the early voting
period.
SECTION 28. Section 86.0051, Election Code, is amended by
adding Subsection (b-1) and amending Subsections (c), (d), and (e)
to read as follows:
(b-1) A person may not deposit in the mail or with a common
or contract carrier more than two carrier envelopes containing
ballots voted by other persons in an election.
(c) A person commits an offense if the person knowingly
violates Subsection (b) or (b-1). It is not a defense to an offense
under this subsection that the voter voluntarily gave another
person possession of the voter's carrier envelope.
(d) An offense under this section is a state jail felony
[Class B misdemeanor], unless the person is convicted of an offense
under Section 64.036 for providing unlawful assistance to the same
voter in connection with the same ballot, in which event the offense
is a [state jail] felony of the third degree.
(e) Subsections (a) and (c) do not apply if the person is
related to the applicant within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code[, or is registered to vote at the same
address as the applicant]. Subsection (c) does not apply to an
employee of a state licensed care facility where the voter resides
who is working in the normal course of the employee's authorized
duties.
SECTION 29. Section 86.006(f), Election Code, is amended to
read as follows:
(f) A person commits an offense if the person knowingly
possesses an official ballot or official carrier envelope provided
under this code to another. Unless the person possessed the ballot
or carrier envelope with intent to defraud the voter or the election
authority, this subsection does not apply to a person who, on the
date of the offense, was:
(1) related to the voter within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code;
(2) registered to vote at the same address as the
voter;
(3) an early voting clerk or a deputy early voting
clerk;
(4) a person who possesses the carrier envelope in
order to deposit the envelope in the mail or with a common or
contract carrier and who provides the information required by
Section 86.0051(b) in accordance with that section;
(5) an employee of the United States Postal Service
working in the normal course of the employee's authorized duties;
[or]
(6) a common or contract carrier working in the normal
course of the carrier's authorized duties if the official ballot is
sealed in an official carrier envelope that is accompanied by an
individual delivery receipt for that particular carrier envelope;
or
(7) an employee of a state licensed care facility
where the voter resides who is working in the normal course of the
employee's authorized duties.
SECTION 30. Sections 86.010(g) and (h), Election Code, are
amended to read as follows:
(g) An offense under this section is a state jail felony
[Class A misdemeanor] unless the person is convicted of an offense
under Section 64.036 for providing unlawful assistance to the same
voter, in which event the offense is a [state jail] felony of the
third degree.
(h) Subsection (f) does not apply if the person is related
to the applicant within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code[, or is registered to vote at the same address
as the applicant].
SECTION 31. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) [each ballot box, in accordance with Section
85.032(b), containing the early voting ballots voted by personal
appearance and the clerk's key to each box;
[(2)] the jacket envelopes containing the early voting
ballots voted by mail;
(2) [(3)] the poll lists prepared in connection with
early voting by personal appearance;
(3) [(4)] the list of registered voters used in
conducting early voting; and
(4) [(5)] a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail that
are delivered to the early voting ballot board [and the number of
names appearing on the poll lists prepared in connection with early
voting by personal appearance].
SECTION 32. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0211 to read as follows:
Sec. 87.0211. ELECTRONIC DELIVERY OF MATERIALS RECORDED
ELECTRONICALLY. If ballot materials and ballot applications are
recorded electronically as provided by Section 87.126, the early
voting clerk may deliver those materials to the early voting ballot
board through electronic means.
SECTION 33. Section 87.022, Election Code, is amended to
read as follows:
Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Section [87.0221,] 87.0222[, 87.023,] or 87.024, the
materials shall be delivered to the early voting ballot board under
this subchapter during the time the polls are open on election day,
or as soon after the polls close as practicable, at the time or
times specified by the presiding judge of the board.
SECTION 34. Section 87.0241, Election Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Except as provided by Subsection (d), the [The] board
may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance.
(d) An early voting ballot board may establish a process for
removing data from voting machines used in early voting before the
polls open on election day if:
(1) the county will use the voting machines on
election day; and
(2) the secretary of state approves the process.
SECTION 35. Section 87.027, Election Code, is amended by
adding Subsection (m) to read as follows:
(m) If ballot materials or ballot applications are recorded
electronically as provided by Section 87.126, the signature
verification committee may use an electronic copy of a carrier
envelope certificate or the voter's ballot application in making
the comparison under Subsection (i).
SECTION 36. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.126 to read as follows:
Sec. 87.126. ELECTRONIC RECORDING OF BALLOT MATERIALS AND
APPLICATIONS. (a) The early voting clerk may electronically
record applications for a ballot to be voted by mail, jacket
envelopes, carrier envelopes, and ballots.
(b) The secretary of state may adopt rules providing
requirements for the electronic image quality and storage of the
electronic images of the documents described by Subsection (a).
SECTION 37. Section 101.001, Election Code, is amended to
read as follows:
Sec. 101.001. ELIGIBILITY. (a) A person is eligible for
early voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
(b) Notwithstanding Subsection (a) and Chapter 114, a
person who indicates on a federal postcard application that the
person is a United States citizen residing outside the United
States indefinitely is entitled to vote a full ballot as provided by
this chapter if the person is otherwise eligible to vote under this
chapter and is a registered voter at the address contained on the
application.
SECTION 38. Section 112.002(a), Election Code, is amended
to read as follows:
(a) After changing residence to another county, a person is
eligible to vote a limited ballot by personal appearance during the
early voting period or by mail if:
(1) the person would have been eligible to vote in the
county of former residence on election day if still residing in that
county;
(2) the person is registered to vote in the county of
former residence at the time the person:
(A) offers to vote in the county of new
residence; or
(B) submitted a voter registration application
in the county of new residence; and
(3) a voter registration for the person in the county
of new residence is not effective on or before election day.
SECTION 39. Subchapter A, Chapter 122, Election Code, is
amended by adding Section 122.006 to read as follows:
Sec. 122.006. EXEMPTION FROM USE OF VOTING SYSTEM FOR
CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to:
(1) a city with a population of 40,000 or less; and
(2) a school district with a student population of
10,000 or less.
(b) A political subdivision is not required to use an
electronic voting system.
SECTION 40. Section 127.007, Election Code, is amended to
read as follows:
Sec. 127.007. PLAN FOR COUNTING STATION OPERATION. (a) The
manager shall establish and implement a written plan for the
orderly operation of the central counting station.
(b) The plan required under this section must address the
process for comparing the number of voters who signed the
combination form with the number of votes cast for the entire
election.
SECTION 41. Subchapter E, Chapter 127, Election Code, is
amended by adding Section 127.1311 to read as follows:
Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except
as provided by Subsection (b), unofficial election results shall be
released as soon as they are available after the polls close.
(b) The presiding judge of the central counting station, in
cooperation with the county clerk, may withhold the release of
unofficial election results until the last voter has voted.
SECTION 42. Section 127.201, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) This section does not apply to the tabulation of
electronic voting system results for a voting system that uses
direct recording electronic voting machines.
SECTION 43. Section 129.023(c), Election Code, is amended
to read as follows:
(c) The general custodian of election records shall adopt
procedures for testing that:
(1) direct the testing board to cast votes;
(2) verify that each contest position, as well as each
precinct and ballot style, on the ballot can be voted and is
accurately counted [for each precinct and ballot style];
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include straight-party votes and crossover votes;
(5) include write-in votes, when applicable to the
election;
(6) include provisional votes, if applicable to the
system being tested;
(7) calculate the expected results from the test
ballots;
(8) ensure that each voting machine has any public
counter reset to zero and presented to the testing board for
verification before testing;
(9) require that, for each feature of the system that
allows disabled voters to cast a ballot, at least one vote be cast
and verified by a two-person testing board team using that feature;
and
(10) require that, when all votes are cast, the
general custodian of election records and the testing board observe
the tabulation of all ballots and compare the actual results to the
expected results.
SECTION 44. Subchapter A, Chapter 141, Election Code, is
amended by adding Section 141.005 to read as follows:
Sec. 141.005. RESIDENCY REQUIREMENT IN CERTAIN POLITICAL
SUBDIVISIONS. (a) This section applies only to a political
subdivision that:
(1) is located in a county with territory greater than
4,600 square miles; and
(2) is either:
(A) an independent school district servicing
less than 1,500 students; or
(B) a municipality with a population of less than
8,000.
(b) Notwithstanding Section 141.001, a municipal charter
provision, or any other law, a candidate for the governing body of
an independent school district or a municipality is eligible for
any position of the governing body if the candidate resides
anywhere in the territory from which any member of the governing
body is elected.
SECTION 45. Section 141.040, Election Code, is amended to
read as follows:
Sec. 141.040. NOTICE OF DEADLINES. (a) The authority with
whom [Not later than the 30th day before the first day on which a
candidate may file] an application for a place on the ballot under
this subchapter[, the authority with whom the application] must be
filed shall post notice of the dates of the filing period in a
public place in a building in which the authority has an office not
later than the 30th day before:
(1) the first day on which a candidate may file the
application; or
(2) the last day on which a candidate may file the
application, if this code does not designate a first day on which
the candidate may file the application.
(b) This section does not apply to an office filled at the
general election for state and county officers.
SECTION 46. Section 145.001, Election Code, is amended by
amending Subsection (b) and adding Subsection (d-1) to read as
follows:
(b) A [To be effective, a] withdrawal request must:
(1) be in writing and be signed and acknowledged by the
candidate; and
(2) be timely filed with the appropriate authority or
an agent of an authority only as expressly provided by this code.
(d-1) A withdrawal that is not filed in compliance with
Subsection (b) has no legal effect and is not considered filed.
SECTION 47. Section 145.005, Election Code, is amended to
read as follows:
Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN,
OR INELIGIBLE CANDIDATE. (a) If the name of a deceased, withdrawn,
or ineligible candidate appears on the ballot under this chapter,
the votes cast for the candidate shall be counted and entered on the
official election returns in the same manner as for the other
candidates.
(b) If the deceased, withdrawn, or ineligible candidate
receives the vote required for election, the resulting vacancy
shall be filled in the regular manner.
(c) If the deceased, withdrawn, or ineligible candidate and
another candidate tie for the most votes in an election in which a
plurality vote is sufficient for election, the other candidate is
considered to be elected. If more than one other candidate is tied
with the deceased, withdrawn, or ineligible candidate, the winner
of the election shall be determined by resolving the tie between the
other candidates in the regular manner for resolving a tie vote in
the election.
(d) In a race in which a runoff is required, if the deceased,
withdrawn, or ineligible candidate received the vote that would
entitle the candidate to a place on the runoff election ballot or
tied for that number of votes, the candidates in the runoff shall be
determined in the regular manner but without regard to the votes
received by the deceased, withdrawn, or ineligible candidate.
SECTION 48. Sections 145.092(a) and (d), Election Code, are
amended to read as follows:
(a) Except as otherwise provided by this section, a
candidate may not withdraw from an election after 5 p.m. of the
third day after the deadline for filing the candidate's application
for a place on the ballot [second day before the beginning of early
voting by personal appearance].
(d) A candidate in a runoff election [following a main
election subject to Subsection (b)] may not withdraw from the
election after 5 p.m. of the third day after the date of the main
election.
SECTION 49. Section 145.094(a), Election Code, is amended
to read as follows:
(a) The name of a candidate shall be omitted from the ballot
if the candidate:
(1) dies before the second day before the date of the
deadline for filing the candidate's application for a place on the
ballot;
(2) withdraws or is declared ineligible within the
time prescribed by Section 145.092(a) [before 5 p.m. of the second
day before the beginning of early voting by personal appearance],
in an election subject to that section [Section 145.092(a)];
(3) withdraws or is declared ineligible within the
time prescribed by Section 145.092(b) [before 5 p.m. of the 53rd day
before election day], in an election subject to that section
[Section 145.092(b)]; or
(4) withdraws or is declared ineligible within the
time prescribed by Section 145.092(f) [before 5 p.m. of the 67th day
before election day], in an election subject to that section
[Section 145.092(f)].
SECTION 50. Subchapter B, Chapter 171, Election Code, is
amended by adding Section 171.029 to read as follows:
Sec. 171.029. REMOVAL OF COUNTY CHAIR. (a) In this
section:
(1) "Incompetency" means:
(A) gross ignorance of official duties;
(B) gross carelessness in the discharge of
official duties; or
(C) unfitness or inability to promptly and
properly discharge official duties because of a serious physical or
mental defect that did not exist at the time of the county chair's
election.
(2) "Official misconduct" means intentional, unlawful
behavior relating to a county chair's official duties. The term
includes an intentional or corrupt failure, refusal, or neglect of
a county chair to perform an official duty.
(b) The state executive committee of a political party may
call a hearing on the issue of removing the county chair for
incompetency or official misconduct in response to a complaint from
a member of the political party in the county from which the chair
was elected.
(c) The state executive committee shall give notice to the
county chair not later than the 14th day before the date of the
hearing, stating the allegations of incompetency or official
misconduct. At the hearing, evidence must be presented of the
chair's incompetency or official misconduct, and the county chair
shall have the opportunity to examine or question the evidence
against the chair.
(d) After conducting the hearing and reviewing the
evidence, the state executive committee shall vote on the question
of the removal of the county chair. If at least three-fifths of the
membership of the state executive committee finds that the county
chair has demonstrated incompetency or committed official
misconduct, the committee shall suspend any party rules to the
extent necessary to remove the chair.
(e) The county executive committee shall fill a vacancy
created by the removal of a county chair under this section as
provided by Sections 171.024 and 171.025, except that the
appointment must be approved by three-fifths of the membership of
the state executive committee.
SECTION 51. Section 172.052(a), Election Code, is amended
to read as follows:
(a) A candidate for nomination may not withdraw from the
general primary election after the first day after the deadline for
filing the candidate's application for a place on the general
primary election ballot [62nd day before general primary election
day].
SECTION 52. Section 172.057, Election Code, is amended to
read as follows:
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
candidate's name shall be omitted from the general primary election
ballot if the candidate withdraws, dies, or is declared ineligible
within the time prescribed by Section 172.052(a) [on or before the
62nd day before general primary election day].
SECTION 53. Sections 174.022(a), (b), and (c), Election
Code, are amended to read as follows:
(a) The precinct conventions may [shall] be held in the
regular county election precincts on:
(1) general primary election day; and
(2) a date determined by the county executive
committee that occurs not later than the fifth day after the date of
the general primary election [in the regular county election
precincts].
(b) Consistent with Subsection (c), not [Not] later than the
date of the regular drawing for position on the general primary
election ballot, the county executive committee shall set the hour
and place for convening each precinct convention for the precincts
served by the committee. If the county executive committee fails to
do so, the county chair shall set, consistent with Subsection (c),
the hour and place.
(c) If precinct conventions are held on general primary
election day, the [The] hour set for convening the conventions may
not be earlier than 7 p.m. or later than 9 p.m., but a
[Notwithstanding the hour set for convening, the] convention may
not convene until the last voter has voted at the precinct polling
place. If precinct conventions are held on a day other than general
primary election day, the county executive committee shall set the
hour for convening or a time frame in which the conventions must
convene.
SECTION 54. Section 174.023, Election Code, is amended to
read as follows:
Sec. 174.023. NOTICE OF DATE, HOUR, AND PLACE. (a) The
county chair shall post a notice of the date, hour, and place for
convening each precinct convention on the bulletin board used for
posting notice of meetings of the commissioners court. The notice
must remain posted continuously for the 10 days immediately
preceding the date of the convention.
(b) Not later than the 10th day before the date of the
precinct conventions, the county chair shall deliver to the county
clerk written notice of the date, hour, and place for convening each
precinct convention.
(c) If the county chair fails to post or deliver notice in
accordance with this section, another member of the county
executive committee may post or deliver the notice.
SECTION 55. Section 174.092(a), Election Code, is amended
to read as follows:
(a) The biennial state convention shall be convened on any
day in June or July.
SECTION 56. Section 213.013(i), Election Code, is amended
to read as follows:
(i) No device capable [mechanical or electronic means] of
recording images or sound is [are] allowed inside the room in which
the recount is conducted, or in any hallway or corridor in the
building in which the recount is conducted within 30 feet of the
entrance to the room, while the recount is in progress unless the
person entitled to be present at the recount agrees to disable or
deactivate the device. However, on request of a person entitled to
appoint watchers to serve at the recount, the recount committee
chair shall permit the person to photocopy under the chair's
supervision any ballot, including any supporting materials,
challenged by the person or person's watcher. The person must pay a
reasonable charge for making the copies and, if no photocopying
equipment is available, may supply that equipment at the person's
expense. The person shall provide a copy on request to another
person entitled to appoint watchers to serve at the recount.
SECTION 57. Section 216.002, Election Code, is amended to
read as follows:
Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
Except as otherwise provided by this chapter, this title, including
the notice requirement of Section 213.009, applies to a recount
conducted under this chapter with appropriate modifications as
prescribed by the secretary of state.
SECTION 58. Section 232.008(c), Election Code, is amended
to read as follows:
(c) A contestant must file the petition not later than the
10th day after the date the official result is determined in a
contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
SECTION 59. Section 253.167, Election Code, is amended to
read as follows:
Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF
CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
subchapter only, not later than June 1 of each odd-numbered year,
the commission [secretary of state] shall:
(1) make [deliver to the commission] a written
certification of the population of each judicial district for which
a candidate for judge or justice must file a campaign treasurer
appointment with the commission; and
(2) deliver to the county clerk of each county a
written certification of the county's population, if the county:
(A) comprises an entire judicial district under
Chapter 26, Government Code; or
(B) has a statutory county court or statutory
probate court, other than a multicounty statutory county court
created under Subchapter D, Chapter 25, Government Code.
(b) Following [On receipt of the] certification of
population under Subsection (a), the commission or county clerk, as
appropriate, shall make available to each candidate for an office
covered by this subchapter written notice of the contribution and
expenditure limits applicable to the office the candidate seeks.
SECTION 60. Section 501.001, Election Code, is amended by
adding Subdivision (4) to read as follows:
(4) "Political subdivision" includes a justice
precinct.
SECTION 61. Section 501.023(a), Election Code, is amended
to read as follows:
(a) If 10 or more qualified voters of any county, justice
precinct, or municipality file a written application and provide
proof of publication of notice in a newspaper of general
circulation in that political subdivision, the county clerk of the
county shall issue to the applicants a petition to be circulated
among the qualified voters of the political subdivision for the
signatures of those qualified voters who desire that a local option
election be called for the purpose of determining whether the sale
of alcoholic beverages of one or more of the various types and
alcoholic contents shall be prohibited or legalized in the
political subdivision. The notice must include:
(1) the individual or entity that is applying for the
petition to gather signatures for a local option liquor election;
(2) the type of local option liquor election;
(3) the name of the political subdivision in which the
petition will be circulated; and
(4) the name and title of the person with whom the
application will be filed.
SECTION 62. Section 501.108(a), Election Code, is amended
to read as follows:
(a) If a county is not required to pay the initial expense,
regardless of any authority to receive reimbursement, of a local
option election under Section 501.107, the county clerk shall
require the applicants for a petition for a local option election to
make a deposit before the issuance of the petition.
SECTION 63. Section 573.061, Government Code, is amended to
read as follows:
Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
apply to:
(1) an appointment to the office of a notary public or
to the confirmation of that appointment;
(2) an appointment of a page, secretary, attendant, or
other employee by the legislature for attendance on any member of
the legislature who, because of physical infirmities, is required
to have a personal attendant;
(3) a confirmation of the appointment of an appointee
appointed to a first term on a date when no individual related to
the appointee within a degree described by Section 573.002 was a
member of or a candidate for the legislature, or confirmation on
reappointment of the appointee to any subsequent consecutive term;
(4) an appointment or employment of a bus driver by a
school district if:
(A) the district is located wholly in a county
with a population of less than 35,000; or
(B) the district is located in more than one
county and the county in which the largest part of the district is
located has a population of less than 35,000;
(5) an appointment or employment of a personal
attendant by an officer of the state or a political subdivision of
the state for attendance on the officer who, because of physical
infirmities, is required to have a personal attendant;
(6) an appointment or employment of a substitute
teacher by a school district; [or]
(7) an appointment or employment of a person by a
municipality that has a population of less than 200; or
(8) an appointment of an election clerk under Section
32.031, Election Code, who is not related in the first degree by
consanguinity or affinity to an elected official of the authority
that appoints the election judges for that election.
SECTION 64. (a) Section 15.022(a), Election Code, is
amended to read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of [a registration omissions list
and] any affidavits executed under Section 63.006 [63.007],
following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; or
(8) after receipt of a registration application or
change of address under Chapter 20.
(b) Section 63.006, Election Code, is amended to read as
follows:
Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT
CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to
vote, presents the documentation required under Section 63.001(b)
[a voter registration certificate indicating that the voter is
currently registered in the precinct in which the voter is offering
to vote,] but whose name is not on the precinct list of registered
voters[,] shall be accepted for voting if the voter presents a voter
registration certificate indicating that the voter is currently
registered:
(1) in the precinct in which the voter is offering to
vote; or
(2) in a different precinct in the same county as the
precinct in which the voter is offering to vote and the voter
executes an affidavit stating that the voter:
(A) is a resident of the precinct in which the
voter is offering to vote or is otherwise entitled by law to vote in
that precinct;
(B) was a resident of the precinct in which the
voter is offering to vote at the time the information on the voter's
residence address was last provided to the voter registrar;
(C) did not deliberately provide false
information to secure registration in a precinct in which the voter
does not reside; and
(D) is voting only once in the election.
(b) After the voter is accepted, an election officer shall:
(1) indicate beside the voter's name on the poll list
that the voter was accepted under this section;
(2) enter beside the voter's name on the poll list the
precinct of the voter's registration and the voter's registration
number as indicated by the voter's registration certificate; and
(3) enter the voter's address beside the voter's name
on the poll list.
(c) Section 63.009, Election Code, is amended to read as
follows:
Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
A [(a) Except as provided by Subsection (b), a] voter who does not
present a voter registration certificate when offering to vote, and
whose name is not on the list of registered voters for the precinct
in which the voter is offering to vote, shall be accepted for
provisional voting if the voter executes an affidavit in accordance
with Section 63.011.
[(b) If an election officer can determine from the voter
registrar that the person is a registered voter of the county and
the person presents proof of identification, the affidavits
required by Sections 63.007 and 63.008 are substituted for the
affidavit required by Section 63.011 in complying with that
section. After the voter is accepted under this subsection, an
election officer shall also indicate beside the voter's name on the
poll list that the voter was accepted under this section.]
(d) Section 63.011, Election Code, is amended by amending
Subsections (a) and (b) and adding Subsection (b-1) to read as
follows:
(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009
[63.009(a)] applies may cast a provisional ballot if the person
executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) A form for an affidavit required by this section must
[shall] be printed on an envelope in which the provisional ballot
voted by the person may be placed and must include:
(1) a space for entering the identification number of
the provisional ballot voted by the person; and
(2) a space for an election officer to indicate
whether the person presented a form of identification described by
Section 63.0101.
(b-1) The affidavit form may include space for disclosure of
any necessary information to enable the person to register to vote
under Chapter 13. The secretary of state shall prescribe the form
of the affidavit under this section.
(e) Section 66.0241, Election Code, is amended to read as
follows:
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
must contain:
(1) the precinct list of registered voters;
(2) the registration correction list;
(3) [the registration omissions list;
[(4)] any statements of residence executed under
Section 63.0011; and
(4) [(5)] any affidavits executed under Section
63.006 [63.007] or 63.011.
(f) Section 85.031(b), Election Code, is amended to read as
follows:
(b) On accepting a voter, the clerk shall indicate beside
the voter's name on the list of registered voters [or registration
omissions list, as applicable,] that the voter is accepted to vote
by personal appearance unless the form of the [either] list makes it
impracticable to do so, and the clerk shall enter the voter's name
on the poll list.
(g) Sections 63.005, 63.007, and 63.008, Election Code, are
repealed.
(h) Notwithstanding any other provision of this Act, this
section takes effect January 1, 2012.
SECTION 65. Sections 18.041, 18.042, 87.0221, 87.023,
and
145.092(c), Election Code, are repealed.
SECTION 66. Sections 13.031(d), 13.033(b), and 13.036(a),
Election Code, as amended by this Act, apply only to the appointment
of a volunteer deputy voter registrar on or after the effective date
of this Act. The appointment of a volunteer deputy voter registrar
before the effective date of this Act is governed by the law in
effect when the registrar was appointed, and the former law is
continued in effect for that purpose.
SECTION 67. The changes in law made by this Act to Sections
64.036, 86.0051, 86.006, and 86.010, Election Code, apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 68. The change in law made by this Act applies to a
federal postcard application that requests a ballot for an election
that is held on or after the effective date of this Act.
SECTION 69. This Act takes effect September 1, 2011.