82R2345 JRJ-D
By: Duncan S.B. No. 1355
A BILL TO BE ENTITLED
AN ACT
relating to allowing for countywide polling places as an
alternative election system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.007, Election Code, is amended to
read as follows:
Sec. 43.007. COUNTYWIDE POLLING PLACE; ALTERNATIVE
ELECTION SYSTEM [PROGRAM]. (a) A county may conduct its elections
under this section as an alternative to the general election
provisions of this chapter.
(b) The secretary of state shall establish rules for
counties [implement a program] to allow a [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).
(c) [(b)] The commissioners court of a county that desires
to use countywide polling places as an alternative election system
[participate in the program authorized by this section] shall hold
a public hearing on the proposed election system change [county's
participation in the program]. The county shall make a reasonable
effort to provide notice of the hearing to other political
subdivisions within the jurisdiction of the county [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 used countywide polling places as an
alternative election system [participated in a similar program] and
held a public hearing on the county's use of that system
[participation in that program] is not required to hold a hearing
under this subsection.
(d) The [(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.
(e) [(d)] The secretary of state by rule shall require a
[select to participate in the program each] county that desires to
use countywide polling places as an alternative election system to:
(1) implement [has held a public hearing under
Subsection (b);
[(2) has submitted documentation listing the steps
taken to solicit input on participating in the program by
organizations or persons who represent the interests of voters;
[(3) 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;
(2) use [(4) uses] direct recording electronic voting
machines or other state-certified voting equipment that has the
appropriate capabilities to permit the use of countywide polling
places; and
(3) document that the county possesses [(5) is
determined by the secretary of state to have] the appropriate
technological capabilities as determined by the secretary of state.
(f) [(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.
(g) [(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 [:
[(1) except as provided by Subdivision (2),] 50
percent of the number of precinct polling places that would
otherwise be located in the county for that election [; or
[(2) for an election held in the first year in which
the county participates in the program, 65 percent of the number of
precinct polling places that would otherwise be located in the
county for that election].
(h) [(g)] A county opting to use countywide polling places
as an alternative election system for the first time [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 system [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.
(i) [(h)] In adopting a methodology under Subsection (g)
[(f)] or creating the plan under Subsection (h) [(g)], the county
shall solicit input from organizations or persons located within
the county who represent minority voters.
[(i) The secretary of state may only select to participate
in the program three counties with a population of 100,000 or more
and two counties with a population of less than 100,000.
[(j) Not later than January 1 of each odd-numbered year, the
secretary of state shall file a report with the legislature. The
report must include any complaints or concerns regarding a specific
election that have been filed with the office of the secretary of
state before the preparation of the report and any available
information about voter turnout and waiting times at the polling
places. 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, 2011.