Texas 2011 - 82nd Regular

Texas Senate Bill SB849 Compare Versions

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11 By: Duncan S.B. No. 849
22 (In the Senate - Filed February 22, 2011; March 1, 2011,
33 read first time and referred to Committee on State Affairs;
44 May 4, 2011, reported adversely, with favorable Committee
55 Substitute by the following vote: Yeas 8, Nays 0; May 4, 2011, sent
66 to printer.)
77 COMMITTEE SUBSTITUTE FOR S.B. No. 849 By: Duncan
88
99
1010 A BILL TO BE ENTITLED
1111 AN ACT
1212 relating to certain election practices and procedures.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 18.064, Election Code, is amended to
1515 read as follows:
1616 Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
1717 fails to substantially comply with Section 15.083, 16.032,
1818 [18.042,] or 18.061 or with rules adopted by the secretary of state
1919 implementing the statewide computerized voter registration list,
2020 the registrar is not entitled to receive state funds for financing
2121 voter registration in the county.
2222 SECTION 2. Subsection (a), Section 18.065, Election Code,
2323 is amended to read as follows:
2424 (a) The secretary of state shall monitor each registrar for
2525 substantial compliance with Sections 15.083, 16.032, [18.042,] and
2626 18.061 and with rules implementing the statewide computerized voter
2727 registration list.
2828 SECTION 3. Subchapter C, Chapter 18, Election Code, is
2929 amended by adding Section 18.068 to read as follows:
3030 Sec. 18.068. VOTING HISTORY. Not later than the 30th day
3131 after the date of the primary, runoff primary, or general election
3232 or any special election ordered by the governor, the registrar
3333 shall electronically submit to the secretary of state the record of
3434 each voter participating in the election.
3535 SECTION 4. Subsection (d), Section 19.002, Election Code,
3636 is amended to read as follows:
3737 (d) The comptroller may not issue a warrant if on June 1 of
3838 the year in which the warrant is to be issued the most recent notice
3939 received by the comptroller from the secretary of state under
4040 Section 18.065 indicates that the registrar is not in substantial
4141 compliance with Section 15.083, 16.032, [18.042,] or 18.065 or with
4242 rules implementing the registration service program.
4343 SECTION 5. Section 31.006, Election Code, is amended to
4444 read as follows:
4545 Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL.
4646 (a) If, after receiving a complaint alleging criminal conduct in
4747 connection with an election, the secretary of state determines that
4848 there is reasonable cause to suspect that the alleged criminal
4949 conduct occurred, the secretary shall promptly refer the complaint
5050 to the attorney general. The secretary shall deliver to the
5151 attorney general all pertinent documents in the secretary's
5252 possession.
5353 (b) The documents submitted to the attorney general under
5454 Subsection (a) are not considered public information until the
5555 attorney general has completed the investigation or has made a
5656 determination that the complaint referred does not warrant an
5757 investigation.
5858 SECTION 6. Subsection (b), Section 31.092, Election Code,
5959 is amended to read as follows:
6060 (b) The county election officer may contract with the county
6161 executive committee of a political party holding a primary election
6262 in the county to perform election services, as provided by this
6363 subchapter, in the party's general primary election or runoff
6464 primary election, or both. [To be binding, a contract under this
6565 subsection must be approved in writing by the secretary of state,
6666 and the execution of a contract is not completed until written
6767 approval is obtained.]
6868 SECTION 7. Subsection (a), Section 31.093, Election Code,
6969 is amended to read as follows:
7070 (a) If requested to do so by a political subdivision or
7171 political party, the county elections administrator shall enter
7272 into a contract to furnish the election services requested, in
7373 accordance with a cost schedule agreed on by the contracting
7474 parties. [If the contracting parties are unable to reach an
7575 agreement, on referral by either party, the secretary of state
7676 shall either prescribe terms that the administrator must accept or
7777 instruct the administrator to decline to enter into a contract with
7878 the requesting party.]
7979 SECTION 8. Subsection (c), Section 32.002, Election Code,
8080 is amended to read as follows:
8181 (c) The presiding judge and alternate presiding judge must
8282 be affiliated or aligned with different political parties, subject
8383 to this subsection. Before July of each year in a county to which
8484 Subsection (a)(1) applies or before August of each year in a county
8585 to which Subsection (a)(2) applies, the county chair of a political
8686 party whose candidate for governor received the highest or second
8787 highest number of votes in the county in the most recent
8888 gubernatorial general election shall submit in writing to the
8989 commissioners court a list of names of persons in order of
9090 preference for each precinct who are eligible for appointment as an
9191 election judge. The county chair may supplement the list of names
9292 of persons until the 20th day before a general election or the 15th
9393 day before a special election in case an appointed election judge
9494 becomes unable to serve. The commissioners court shall appoint the
9595 first person meeting the applicable eligibility requirements from
9696 the list submitted in compliance with this subsection by the party
9797 with the highest number of votes in the precinct as the presiding
9898 judge and the first person meeting the applicable eligibility
9999 requirements from the list submitted in compliance with this
100100 subsection by the party with the second highest number of votes in
101101 the precinct as the alternate presiding judge. If the candidates
102102 for governor of two political parties received the same number of
103103 votes in the precinct, the first person meeting the applicable
104104 eligibility requirements from the list submitted by the party whose
105105 candidate for governor received the highest number of votes in the
106106 county shall be appointed as the presiding judge and the first
107107 person meeting the applicable eligibility requirements from the
108108 list submitted by the party whose candidate for governor received
109109 the second highest number of votes in the county shall be appointed
110110 as the alternate presiding judge. The commissioners court may
111111 reject the list if the persons whose names are submitted on the list
112112 are determined not to meet the applicable eligibility requirements.
113113 SECTION 9. Subsection (b), Section 33.006, Election Code,
114114 is amended to read as follows:
115115 (b) A certificate of appointment must:
116116 (1) be in writing and signed by the appointing
117117 authority or, for an appointment for a write-in candidate under
118118 Section 33.004, by each of the voters making the appointment;
119119 (2) indicate the capacity in which the appointing
120120 authority is acting;
121121 (3) state the name, residence address, and voter
122122 registration number of the appointee and be signed by the
123123 appointee;
124124 (4) identify the election and the precinct polling
125125 place or other location at which the appointee is to serve;
126126 (5) in an election on a measure, identify the measure
127127 if more than one is to be voted on and state which side of the
128128 measure the appointee represents; and
129129 (6) contain an affidavit executed by the appointee
130130 stating that the appointee will not have possession of a device
131131 capable [any mechanical or electronic means] of recording images or
132132 sound or that the appointee will disable or deactivate the device
133133 while serving as a watcher.
134134 SECTION 10. Subsection (c), Section 33.051, Election Code,
135135 is amended to read as follows:
136136 (c) A watcher may not be accepted for service if the watcher
137137 has possession of a device capable [any mechanical or electronic
138138 means] of recording images or sound unless the watcher agrees to
139139 disable or deactivate the device. The presiding judge may inquire
140140 whether a watcher has possession of any prohibited recording device
141141 before accepting the watcher for service.
142142 SECTION 11. Section 66.058, Election Code, is amended by
143143 amending Subsection (a) and adding Subsection (h) to read as
144144 follows:
145145 (a) Except as otherwise provided by this code, the precinct
146146 election records shall be preserved by the authority to whom they
147147 are distributed:
148148 (1) in an election involving a federal office, for at
149149 least 22 months after election day in accordance with federal law;
150150 or
151151 (2) in an election not involving a federal office, for
152152 at least six months after election day.
153153 (h) For the preservation of precinct election records in an
154154 election involving a federal office, the secretary of state shall
155155 instruct the affected authorities on the actions necessary to
156156 comply with federal law and otherwise implement this section.
157157 SECTION 12. Subsections (b), (d), and (f), Section 85.032,
158158 Election Code, are amended to read as follows:
159159 (b) The ballot box in which voters deposit their marked
160160 early voting ballots must have two locks, each with a different key,
161161 and must be designed and constructed so that the box can be sealed
162162 to detect any unauthorized opening of the box and that the ballot
163163 slot can be sealed to prevent any unauthorized deposit in the box.
164164 The seals for the boxes must be serially numbered for each election.
165165 The procedures prescribed by Sections 127.064, 127.065, 127.066,
166166 and 127.068 governing the use of sealed ballot boxes in electronic
167167 voting system elections apply to the use of sealed ballot boxes
168168 under this title to the extent those procedures can be made
169169 applicable[, with references to the central counting station being
170170 applied to the early voting ballot board]. The secretary of state
171171 shall prescribe any procedures necessary to implement the use of
172172 sealed ballot boxes in early voting.
173173 (d) Each custodian shall retain possession of the key
174174 entrusted to the custodian until it is delivered to the presiding
175175 judge of the central counting station [early voting ballot board
176176 under Subchapter B, Chapter 87].
177177 (f) The secretary of state shall prescribe procedures
178178 providing for the security of the voted early voting ballots from
179179 the last day of voting by personal appearance at a polling place
180180 until the day the ballots are counted. [The procedures must include
181181 security measures covering the transfer of the ballots between the
182182 early voting clerk and the early voting ballot board.]
183183 SECTION 13. Section 87.021, Election Code, is amended to
184184 read as follows:
185185 Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
186186 BOARD. The early voting clerk shall deliver to the early voting
187187 ballot board:
188188 (1) in an election in which regular paper ballots are
189189 used for early voting by personal appearance, each ballot box, in
190190 accordance with Section 85.032(b), containing the early voting
191191 ballots voted by personal appearance and the clerk's key to each
192192 box;
193193 (2) the jacket envelopes containing the early voting
194194 ballots voted by mail, regardless of the ballot type or voting
195195 system used;
196196 (3) the poll lists prepared in connection with early
197197 voting by personal appearance;
198198 (4) the list of registered voters used in conducting
199199 early voting; and
200200 (5) a ballot transmittal form that includes a
201201 statement of the number of early voting ballots voted by mail,
202202 regardless of the ballot type or voting system used, that are
203203 delivered to the early voting ballot board and, in an election in
204204 which regular paper ballots are used for early voting by personal
205205 appearance, the number of names appearing on the poll lists
206206 prepared in connection with early voting by personal appearance.
207207 SECTION 14. Subsection (a), Section 87.0221, Election Code,
208208 is amended to read as follows:
209209 (a) In an election in which regular paper ballots are used
210210 for early voting by personal appearance or by mail, the materials
211211 may be delivered to the board between the end of the period for
212212 early voting by personal appearance and the closing of the polls on
213213 election day, or as soon after closing as practicable, at the time
214214 or times specified by the presiding judge of the board.
215215 SECTION 15. Subsection (a), Section 87.023, Election Code,
216216 is amended to read as follows:
217217 (a) In an election in which early voting ballots are to be
218218 counted by automatic tabulating equipment at a central counting
219219 station, the ballots voted by mail to be automatically counted may
220220 be delivered to the board between the end of the period for early
221221 voting by personal appearance and the closing of the polls on
222222 election day, or as soon after closing as practicable, at intervals
223223 specified by the presiding judge of the board.
224224 SECTION 16. Section 101.013, Election Code, is amended to
225225 read as follows:
226226 Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. (a) The
227227 secretary of state is designated as the state office to provide
228228 information regarding voter registration procedures and absentee
229229 ballot procedures, including procedures related to the federal
230230 write-in absentee ballot, to be used by persons eligible to vote
231231 under the federal Uniformed and Overseas Citizens Absentee Voting
232232 Act (42 U.S.C. Section 1973ff et seq.), as amended.
233233 (b) The secretary of state is designated as the state
234234 coordinator between military and overseas voters and county
235235 election officials. A county election official shall:
236236 (1) cooperate with the secretary of state to ensure
237237 that military and overseas voters timely receive accurate balloting
238238 materials that a voter is able to cast in time for the election; and
239239 (2) otherwise comply with the federal Military and
240240 Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V,
241241 Subt. H).
242242 (c) The secretary of state may adopt rules as necessary to
243243 implement this section.
244244 SECTION 17. Subsection (a), Section 112.002, Election Code,
245245 is amended to read as follows:
246246 (a) After changing residence to another county, a person is
247247 eligible to vote a limited ballot by personal appearance during the
248248 early voting period or by mail if:
249249 (1) the person would have been eligible to vote in the
250250 county of former residence on election day if still residing in that
251251 county;
252252 (2) the person is registered to vote in the county of
253253 former residence at the time the person:
254254 (A) offers to vote in the county of new
255255 residence; or
256256 (B) submitted a voter registration application
257257 in the county of new residence; and
258258 (3) a voter registration for the person in the county
259259 of new residence is not effective on or before election day.
260260 SECTION 18. Section 127.007, Election Code, is amended to
261261 read as follows:
262262 Sec. 127.007. PLAN FOR COUNTING STATION OPERATION.
263263 (a) The manager shall establish and implement a written plan for
264264 the orderly operation of the central counting station.
265265 (b) The plan required under this section must address the
266266 process for comparing the number of voters who signed the
267267 combination form with the number of votes cast for the entire
268268 election.
269269 SECTION 19. Subsection (c), Section 129.023, Election Code,
270270 is amended to read as follows:
271271 (c) The general custodian of election records shall adopt
272272 procedures for testing that:
273273 (1) direct the testing board to cast votes;
274274 (2) verify that each contest position, as well as each
275275 precinct and ballot style, on the ballot can be voted and is
276276 accurately counted [for each precinct and ballot style];
277277 (3) include overvotes and undervotes for each race, if
278278 applicable to the system being tested;
279279 (4) include straight-party votes and crossover votes;
280280 (5) include write-in votes, when applicable to the
281281 election;
282282 (6) include provisional votes, if applicable to the
283283 system being tested;
284284 (7) calculate the expected results from the test
285285 ballots;
286286 (8) ensure that each voting machine has any public
287287 counter reset to zero and presented to the testing board for
288288 verification before testing;
289289 (9) require that, for each feature of the system that
290290 allows disabled voters to cast a ballot, at least one vote be cast
291291 and verified by a two-person testing board team using that feature;
292292 and
293293 (10) require that, when all votes are cast, the
294294 general custodian of election records and the testing board observe
295295 the tabulation of all ballots and compare the actual results to the
296296 expected results.
297297 SECTION 20. Section 141.040, Election Code, is amended to
298298 read as follows:
299299 Sec. 141.040. NOTICE OF DEADLINES. (a) The authority with
300300 whom [Not later than the 30th day before the first day on which a
301301 candidate may file] an application for a place on the ballot under
302302 this subchapter[, the authority with whom the application] must be
303303 filed shall post notice of the dates of the filing period in a
304304 public place in a building in which the authority has an office not
305305 later than the 30th day before:
306306 (1) the first day on which a candidate may file the
307307 application; or
308308 (2) the last day on which a candidate may file the
309309 application, if this code does not designate a first day on which
310310 the candidate may file the application.
311311 (b) This section does not apply to an office filled at the
312312 general election for state and county officers.
313313 SECTION 21. Section 145.001, Election Code, is amended by
314314 amending Subsection (b) and by adding Subsection (d-1) to read as
315315 follows:
316316 (b) A [To be effective, a] withdrawal request must:
317317 (1) be in writing and be signed and acknowledged by the
318318 candidate; and
319319 (2) be timely filed with the appropriate authority or
320320 an agent of an authority only as expressly provided by this code.
321321 (d-1) A withdrawal that is not filed in compliance with
322322 Subsection (b) has no legal effect and is not considered filed.
323323 SECTION 22. Section 145.005, Election Code, is amended to
324324 read as follows:
325325 Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN,
326326 OR INELIGIBLE CANDIDATE. (a) If the name of a deceased,
327327 withdrawn, or ineligible candidate appears on the ballot under this
328328 chapter, the votes cast for the candidate shall be counted and
329329 entered on the official election returns in the same manner as for
330330 the other candidates.
331331 (b) If the deceased, withdrawn, or ineligible candidate
332332 receives the vote required for election, the resulting vacancy
333333 shall be filled in the regular manner.
334334 (c) If the deceased, withdrawn, or ineligible candidate and
335335 another candidate tie for the most votes in an election in which a
336336 plurality vote is sufficient for election, the other candidate is
337337 considered to be elected. If more than one other candidate is tied
338338 with the deceased, withdrawn, or ineligible candidate, the winner
339339 of the election shall be determined by resolving the tie between the
340340 other candidates in the regular manner for resolving a tie vote in
341341 the election.
342342 (d) In a race in which a runoff is required, if the deceased,
343343 withdrawn, or ineligible candidate received the vote that would
344344 entitle the candidate to a place on the runoff election ballot or
345345 tied for that number of votes, the candidates in the runoff shall be
346346 determined in the regular manner but without regard to the votes
347347 received by the deceased, withdrawn, or ineligible candidate.
348348 SECTION 23. Subsections (a) and (d), Section 145.092,
349349 Election Code, are amended to read as follows:
350350 (a) Except as otherwise provided by this section, a
351351 candidate may not withdraw from an election after 5 p.m. of the
352352 third day after the deadline for filing the candidate's application
353353 for a place on the ballot [second day before the beginning of early
354354 voting by personal appearance].
355355 (d) A candidate in a runoff election [following a main
356356 election subject to Subsection (b)] may not withdraw from the
357357 election after 5 p.m. of the third day after the date of the main
358358 election.
359359 SECTION 24. Subsection (a), Section 145.094, Election Code,
360360 is amended to read as follows:
361361 (a) The name of a candidate shall be omitted from the ballot
362362 if the candidate:
363363 (1) dies before the second day before the date of the
364364 deadline for filing the candidate's application for a place on the
365365 ballot;
366366 (2) withdraws or is declared ineligible within the
367367 time prescribed by Section 145.092(a) [before 5 p.m. of the second
368368 day before the beginning of early voting by personal appearance],
369369 in an election subject to that section [Section 145.092(a)];
370370 (3) withdraws or is declared ineligible within the
371371 time prescribed by Section 145.092(b) [before 5 p.m. of the 53rd day
372372 before election day], in an election subject to that section
373373 [Section 145.092(b)]; or
374374 (4) withdraws or is declared ineligible within the
375375 time prescribed by Section 145.092(f) [before 5 p.m. of the 67th day
376376 before election day], in an election subject to that section
377377 [Section 145.092(f)].
378378 SECTION 25. Subsection (a), Section 172.052, Election Code,
379379 is amended to read as follows:
380380 (a) A candidate for nomination may not withdraw from the
381381 general primary election after the first day after the deadline for
382382 filing the candidate's application for a place on the general
383383 primary election ballot [62nd day before general primary election
384384 day].
385385 SECTION 26. Section 172.057, Election Code, is amended to
386386 read as follows:
387387 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
388388 CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
389389 candidate's name shall be omitted from the general primary election
390390 ballot if the candidate withdraws, dies, or is declared ineligible
391391 within the time prescribed by Section 172.052(a) [on or before the
392392 62nd day before general primary election day].
393393 SECTION 27. Subsection (i), Section 213.013, Election Code,
394394 is amended to read as follows:
395395 (i) No device capable [mechanical or electronic means] of
396396 recording images or sound is [are] allowed inside the room in which
397397 the recount is conducted, or in any hallway or corridor in the
398398 building in which the recount is conducted within 30 feet of the
399399 entrance to the room, while the recount is in progress unless the
400400 person entitled to be present at the recount agrees to disable or
401401 deactivate the device. However, on request of a person entitled to
402402 appoint watchers to serve at the recount, the recount committee
403403 chair shall permit the person to photocopy under the chair's
404404 supervision any ballot, including any supporting materials,
405405 challenged by the person or person's watcher. The person must pay a
406406 reasonable charge for making the copies and, if no photocopying
407407 equipment is available, may supply that equipment at the person's
408408 expense. The person shall provide a copy on request to another
409409 person entitled to appoint watchers to serve at the recount.
410410 SECTION 28. Section 216.002, Election Code, is amended to
411411 read as follows:
412412 Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
413413 Except as otherwise provided by this chapter, this title, including
414414 the notice requirement of Section 213.009, applies to a recount
415415 conducted under this chapter with appropriate modifications as
416416 prescribed by the secretary of state.
417417 SECTION 29. Subsection (c), Section 232.008, Election Code,
418418 is amended to read as follows:
419419 (c) A contestant must file the petition not later than the
420420 10th day after the date the official result is determined in a
421421 contest of:
422422 (1) a primary or runoff primary election; or
423423 (2) a general or special election for which a runoff is
424424 necessary according to the official result or will be necessary if
425425 the contestant prevails.
426426 SECTION 30. Section 253.167, Election Code, is amended to
427427 read as follows:
428428 Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF
429429 CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
430430 subchapter only, not later than June 1 of each odd-numbered year,
431431 the commission [secretary of state] shall:
432432 (1) make [deliver to the commission] a written
433433 certification of the population of each judicial district for which
434434 a candidate for judge or justice must file a campaign treasurer
435435 appointment with the commission; and
436436 (2) deliver to the county clerk of each county a
437437 written certification of the county's population, if the county:
438438 (A) comprises an entire judicial district under
439439 Chapter 26, Government Code; or
440440 (B) has a statutory county court or statutory
441441 probate court, other than a multicounty statutory county court
442442 created under Subchapter D, Chapter 25, Government Code.
443443 (b) Following [On receipt of the] certification of
444444 population under Subsection (a), the commission or county clerk, as
445445 appropriate, shall make available to each candidate for an office
446446 covered by this subchapter written notice of the contribution and
447447 expenditure limits applicable to the office the candidate seeks.
448448 SECTION 31. Section 501.001, Election Code, is amended by
449449 adding Subdivision (4) to read as follows:
450450 (4) "Political subdivision" includes a justice
451451 precinct.
452452 SECTION 32. Subsection (a), Section 501.023, Election Code,
453453 is amended to read as follows:
454454 (a) If 10 or more qualified voters of any county, justice
455455 precinct, or municipality file a written application and provide
456456 proof of publication of notice in a newspaper of general
457457 circulation in that political subdivision, the county clerk of the
458458 county shall issue to the applicants a petition to be circulated
459459 among the qualified voters of the political subdivision for the
460460 signatures of those qualified voters who desire that a local option
461461 election be called for the purpose of determining whether the sale
462462 of alcoholic beverages of one or more of the various types and
463463 alcoholic contents shall be prohibited or legalized in the
464464 political subdivision. The notice must include:
465465 (1) the individual or entity that is applying for the
466466 petition to gather signatures for a local option liquor election;
467467 (2) the type of local option liquor election;
468468 (3) the name of the political subdivision in which the
469469 petition will be circulated; and
470470 (4) the name and title of the person with whom the
471471 application will be filed.
472472 SECTION 33. Subsection (a), Section 501.108, Election Code,
473473 is amended to read as follows:
474474 (a) If a county is not required to pay the initial expense,
475475 regardless of any authority to receive reimbursement, of a local
476476 option election under Section 501.107, the county clerk shall
477477 require the applicants for a petition for a local option election to
478478 make a deposit before the issuance of the petition.
479479 SECTION 34. Sections 18.041 and 18.042 and Subsection (c),
480480 Section 145.092, Election Code, are repealed.
481481 SECTION 35. This Act takes effect September 1, 2011.
482482 * * * * *