82R7235 DRH-D
By: Duncan S.B. No. 1675
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion in the results of an election of ballots
that were mistakenly not counted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 67, Election Code, is amended by adding
Section 67.0045 to read as follows:
Sec. 67.0045. DISCOVERY OF ADDITIONAL BALLOTS AFTER LOCAL
CANVASS. (a) If, before the 10th day after the date the local
canvass is conducted, the general custodian of election records
discovers legal ballots that were not counted and included in the
local canvass of the election, the custodian shall notify the
presiding officer of the local canvassing authority of the
discovery.
(b) A presiding officer who is notified under Subsection (a)
shall make an application to a district court of the county in which
the canvassing authority is located for disposition of the ballots.
The presiding officer shall provide notice to each entity that held
an election for which the discovered ballots would affect the
results.
(c) Not later than the third day after the date an
application is made under Subsection (b), the district court shall
hold a hearing on the application. The district court shall provide
notice of the time of the hearing to the presiding officer of the
local canvassing authority and each entity required to be notified
under Subsection (b).
(d) Following the hearing, the court shall take any
necessary action to include legal ballots that were not counted in
the results of the election, including a revision of the totals of
the final canvass. Action taken under this subsection does not
affect the ability of a person to bring an election contest or
request a recount, except that a petition for recount must be filed
not later than the second day after the date the court enters an
order under this subsection.
SECTION 2. This Act takes effect September 1, 2011.