1 | 1 | | By: Duncan S.B. No. 849 |
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2 | 2 | | (In the Senate - Filed February 22, 2011; March 1, 2011, |
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3 | 3 | | read first time and referred to Committee on State Affairs; |
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4 | 4 | | May 4, 2011, reported adversely, with favorable Committee |
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5 | 5 | | Substitute by the following vote: Yeas 8, Nays 0; May 4, 2011, sent |
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6 | 6 | | to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 849 By: Duncan |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | relating to certain election practices and procedures. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 18.064, Election Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar |
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17 | 17 | | fails to substantially comply with Section 15.083, 16.032, |
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18 | 18 | | [18.042,] or 18.061 or with rules adopted by the secretary of state |
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19 | 19 | | implementing the statewide computerized voter registration list, |
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20 | 20 | | the registrar is not entitled to receive state funds for financing |
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21 | 21 | | voter registration in the county. |
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22 | 22 | | SECTION 2. Subsection (a), Section 18.065, Election Code, |
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23 | 23 | | is amended to read as follows: |
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24 | 24 | | (a) The secretary of state shall monitor each registrar for |
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25 | 25 | | substantial compliance with Sections 15.083, 16.032, [18.042,] and |
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26 | 26 | | 18.061 and with rules implementing the statewide computerized voter |
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27 | 27 | | registration list. |
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28 | 28 | | SECTION 3. Subchapter C, Chapter 18, Election Code, is |
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29 | 29 | | amended by adding Section 18.068 to read as follows: |
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30 | 30 | | Sec. 18.068. VOTING HISTORY. Not later than the 30th day |
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31 | 31 | | after the date of the primary, runoff primary, or general election |
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32 | 32 | | or any special election ordered by the governor, the registrar |
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33 | 33 | | shall electronically submit to the secretary of state the record of |
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34 | 34 | | each voter participating in the election. |
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35 | 35 | | SECTION 4. Subsection (d), Section 19.002, Election Code, |
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36 | 36 | | is amended to read as follows: |
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37 | 37 | | (d) The comptroller may not issue a warrant if on June 1 of |
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38 | 38 | | the year in which the warrant is to be issued the most recent notice |
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39 | 39 | | received by the comptroller from the secretary of state under |
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40 | 40 | | Section 18.065 indicates that the registrar is not in substantial |
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41 | 41 | | compliance with Section 15.083, 16.032, [18.042,] or 18.065 or with |
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42 | 42 | | rules implementing the registration service program. |
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43 | 43 | | SECTION 5. Section 31.006, Election Code, is amended to |
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44 | 44 | | read as follows: |
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45 | 45 | | Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. |
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46 | 46 | | (a) If, after receiving a complaint alleging criminal conduct in |
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47 | 47 | | connection with an election, the secretary of state determines that |
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48 | 48 | | there is reasonable cause to suspect that the alleged criminal |
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49 | 49 | | conduct occurred, the secretary shall promptly refer the complaint |
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50 | 50 | | to the attorney general. The secretary shall deliver to the |
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51 | 51 | | attorney general all pertinent documents in the secretary's |
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52 | 52 | | possession. |
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53 | 53 | | (b) The documents submitted to the attorney general under |
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54 | 54 | | Subsection (a) are not considered public information until the |
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55 | 55 | | attorney general has completed the investigation or has made a |
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56 | 56 | | determination that the complaint referred does not warrant an |
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57 | 57 | | investigation. |
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58 | 58 | | SECTION 6. Subsection (b), Section 31.092, Election Code, |
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59 | 59 | | is amended to read as follows: |
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60 | 60 | | (b) The county election officer may contract with the county |
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61 | 61 | | executive committee of a political party holding a primary election |
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62 | 62 | | in the county to perform election services, as provided by this |
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63 | 63 | | subchapter, in the party's general primary election or runoff |
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64 | 64 | | primary election, or both. [To be binding, a contract under this |
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65 | 65 | | subsection must be approved in writing by the secretary of state, |
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66 | 66 | | and the execution of a contract is not completed until written |
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67 | 67 | | approval is obtained.] |
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68 | 68 | | SECTION 7. Subsection (a), Section 31.093, Election Code, |
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69 | 69 | | is amended to read as follows: |
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70 | 70 | | (a) If requested to do so by a political subdivision or |
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71 | 71 | | political party, the county elections administrator shall enter |
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72 | 72 | | into a contract to furnish the election services requested, in |
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73 | 73 | | accordance with a cost schedule agreed on by the contracting |
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74 | 74 | | parties. [If the contracting parties are unable to reach an |
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75 | 75 | | agreement, on referral by either party, the secretary of state |
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76 | 76 | | shall either prescribe terms that the administrator must accept or |
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77 | 77 | | instruct the administrator to decline to enter into a contract with |
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78 | 78 | | the requesting party.] |
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79 | 79 | | SECTION 8. Subsection (c), Section 32.002, Election Code, |
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80 | 80 | | is amended to read as follows: |
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81 | 81 | | (c) The presiding judge and alternate presiding judge must |
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82 | 82 | | be affiliated or aligned with different political parties, subject |
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83 | 83 | | to this subsection. Before July of each year in a county to which |
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84 | 84 | | Subsection (a)(1) applies or before August of each year in a county |
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85 | 85 | | to which Subsection (a)(2) applies, the county chair of a political |
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86 | 86 | | party whose candidate for governor received the highest or second |
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87 | 87 | | highest number of votes in the county in the most recent |
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88 | 88 | | gubernatorial general election shall submit in writing to the |
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89 | 89 | | commissioners court a list of names of persons in order of |
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90 | 90 | | preference for each precinct who are eligible for appointment as an |
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91 | 91 | | election judge. The county chair may supplement the list of names |
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92 | 92 | | of persons until the 20th day before a general election or the 15th |
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93 | 93 | | day before a special election in case an appointed election judge |
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94 | 94 | | becomes unable to serve. The commissioners court shall appoint the |
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95 | 95 | | first person meeting the applicable eligibility requirements from |
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96 | 96 | | the list submitted in compliance with this subsection by the party |
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97 | 97 | | with the highest number of votes in the precinct as the presiding |
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98 | 98 | | judge and the first person meeting the applicable eligibility |
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99 | 99 | | requirements from the list submitted in compliance with this |
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100 | 100 | | subsection by the party with the second highest number of votes in |
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101 | 101 | | the precinct as the alternate presiding judge. If the candidates |
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102 | 102 | | for governor of two political parties received the same number of |
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103 | 103 | | votes in the precinct, the first person meeting the applicable |
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104 | 104 | | eligibility requirements from the list submitted by the party whose |
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105 | 105 | | candidate for governor received the highest number of votes in the |
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106 | 106 | | county shall be appointed as the presiding judge and the first |
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107 | 107 | | person meeting the applicable eligibility requirements from the |
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108 | 108 | | list submitted by the party whose candidate for governor received |
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109 | 109 | | the second highest number of votes in the county shall be appointed |
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110 | 110 | | as the alternate presiding judge. The commissioners court may |
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111 | 111 | | reject the list if the persons whose names are submitted on the list |
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112 | 112 | | are determined not to meet the applicable eligibility requirements. |
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113 | 113 | | SECTION 9. Subsection (b), Section 33.006, Election Code, |
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114 | 114 | | is amended to read as follows: |
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115 | 115 | | (b) A certificate of appointment must: |
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116 | 116 | | (1) be in writing and signed by the appointing |
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117 | 117 | | authority or, for an appointment for a write-in candidate under |
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118 | 118 | | Section 33.004, by each of the voters making the appointment; |
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119 | 119 | | (2) indicate the capacity in which the appointing |
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120 | 120 | | authority is acting; |
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121 | 121 | | (3) state the name, residence address, and voter |
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122 | 122 | | registration number of the appointee and be signed by the |
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123 | 123 | | appointee; |
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124 | 124 | | (4) identify the election and the precinct polling |
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125 | 125 | | place or other location at which the appointee is to serve; |
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126 | 126 | | (5) in an election on a measure, identify the measure |
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127 | 127 | | if more than one is to be voted on and state which side of the |
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128 | 128 | | measure the appointee represents; and |
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129 | 129 | | (6) contain an affidavit executed by the appointee |
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130 | 130 | | stating that the appointee will not have possession of a device |
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131 | 131 | | capable [any mechanical or electronic means] of recording images or |
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132 | 132 | | sound or that the appointee will disable or deactivate the device |
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133 | 133 | | while serving as a watcher. |
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134 | 134 | | SECTION 10. Subsection (c), Section 33.051, Election Code, |
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135 | 135 | | is amended to read as follows: |
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136 | 136 | | (c) A watcher may not be accepted for service if the watcher |
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137 | 137 | | has possession of a device capable [any mechanical or electronic |
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138 | 138 | | means] of recording images or sound unless the watcher agrees to |
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139 | 139 | | disable or deactivate the device. The presiding judge may inquire |
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140 | 140 | | whether a watcher has possession of any prohibited recording device |
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141 | 141 | | before accepting the watcher for service. |
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142 | 142 | | SECTION 11. Section 66.058, Election Code, is amended by |
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143 | 143 | | amending Subsection (a) and adding Subsection (h) to read as |
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144 | 144 | | follows: |
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145 | 145 | | (a) Except as otherwise provided by this code, the precinct |
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146 | 146 | | election records shall be preserved by the authority to whom they |
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147 | 147 | | are distributed: |
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148 | 148 | | (1) in an election involving a federal office, for at |
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149 | 149 | | least 22 months after election day in accordance with federal law; |
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150 | 150 | | or |
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151 | 151 | | (2) in an election not involving a federal office, for |
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152 | 152 | | at least six months after election day. |
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153 | 153 | | (h) For the preservation of precinct election records in an |
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154 | 154 | | election involving a federal office, the secretary of state shall |
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155 | 155 | | instruct the affected authorities on the actions necessary to |
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156 | 156 | | comply with federal law and otherwise implement this section. |
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157 | 157 | | SECTION 12. Subsections (b), (d), and (f), Section 85.032, |
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158 | 158 | | Election Code, are amended to read as follows: |
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159 | 159 | | (b) The ballot box in which voters deposit their marked |
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160 | 160 | | early voting ballots must have two locks, each with a different key, |
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161 | 161 | | and must be designed and constructed so that the box can be sealed |
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162 | 162 | | to detect any unauthorized opening of the box and that the ballot |
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163 | 163 | | slot can be sealed to prevent any unauthorized deposit in the box. |
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164 | 164 | | The seals for the boxes must be serially numbered for each election. |
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165 | 165 | | The procedures prescribed by Sections 127.064, 127.065, 127.066, |
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166 | 166 | | and 127.068 governing the use of sealed ballot boxes in electronic |
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167 | 167 | | voting system elections apply to the use of sealed ballot boxes |
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168 | 168 | | under this title to the extent those procedures can be made |
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169 | 169 | | applicable[, with references to the central counting station being |
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170 | 170 | | applied to the early voting ballot board]. The secretary of state |
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171 | 171 | | shall prescribe any procedures necessary to implement the use of |
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172 | 172 | | sealed ballot boxes in early voting. |
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173 | 173 | | (d) Each custodian shall retain possession of the key |
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174 | 174 | | entrusted to the custodian until it is delivered to the presiding |
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175 | 175 | | judge of the central counting station [early voting ballot board |
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176 | 176 | | under Subchapter B, Chapter 87]. |
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177 | 177 | | (f) The secretary of state shall prescribe procedures |
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178 | 178 | | providing for the security of the voted early voting ballots from |
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179 | 179 | | the last day of voting by personal appearance at a polling place |
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180 | 180 | | until the day the ballots are counted. [The procedures must include |
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181 | 181 | | security measures covering the transfer of the ballots between the |
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182 | 182 | | early voting clerk and the early voting ballot board.] |
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183 | 183 | | SECTION 13. Section 87.021, Election Code, is amended to |
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184 | 184 | | read as follows: |
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185 | 185 | | Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO |
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186 | 186 | | BOARD. The early voting clerk shall deliver to the early voting |
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187 | 187 | | ballot board: |
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188 | 188 | | (1) in an election in which regular paper ballots are |
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189 | 189 | | used for early voting by personal appearance, each ballot box, in |
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190 | 190 | | accordance with Section 85.032(b), containing the early voting |
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191 | 191 | | ballots voted by personal appearance and the clerk's key to each |
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192 | 192 | | box; |
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193 | 193 | | (2) the jacket envelopes containing the early voting |
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194 | 194 | | ballots voted by mail, regardless of the ballot type or voting |
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195 | 195 | | system used; |
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196 | 196 | | (3) the poll lists prepared in connection with early |
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197 | 197 | | voting by personal appearance; |
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198 | 198 | | (4) the list of registered voters used in conducting |
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199 | 199 | | early voting; and |
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200 | 200 | | (5) a ballot transmittal form that includes a |
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201 | 201 | | statement of the number of early voting ballots voted by mail, |
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202 | 202 | | regardless of the ballot type or voting system used, that are |
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203 | 203 | | delivered to the early voting ballot board and, in an election in |
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204 | 204 | | which regular paper ballots are used for early voting by personal |
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205 | 205 | | appearance, the number of names appearing on the poll lists |
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206 | 206 | | prepared in connection with early voting by personal appearance. |
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207 | 207 | | SECTION 14. Subsection (a), Section 87.0221, Election Code, |
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208 | 208 | | is amended to read as follows: |
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209 | 209 | | (a) In an election in which regular paper ballots are used |
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210 | 210 | | for early voting by personal appearance or by mail, the materials |
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211 | 211 | | may be delivered to the board between the end of the period for |
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212 | 212 | | early voting by personal appearance and the closing of the polls on |
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213 | 213 | | election day, or as soon after closing as practicable, at the time |
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214 | 214 | | or times specified by the presiding judge of the board. |
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215 | 215 | | SECTION 15. Subsection (a), Section 87.023, Election Code, |
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216 | 216 | | is amended to read as follows: |
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217 | 217 | | (a) In an election in which early voting ballots are to be |
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218 | 218 | | counted by automatic tabulating equipment at a central counting |
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219 | 219 | | station, the ballots voted by mail to be automatically counted may |
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220 | 220 | | be delivered to the board between the end of the period for early |
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221 | 221 | | voting by personal appearance and the closing of the polls on |
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222 | 222 | | election day, or as soon after closing as practicable, at intervals |
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223 | 223 | | specified by the presiding judge of the board. |
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224 | 224 | | SECTION 16. Section 101.013, Election Code, is amended to |
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225 | 225 | | read as follows: |
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226 | 226 | | Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. (a) The |
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227 | 227 | | secretary of state is designated as the state office to provide |
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228 | 228 | | information regarding voter registration procedures and absentee |
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229 | 229 | | ballot procedures, including procedures related to the federal |
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230 | 230 | | write-in absentee ballot, to be used by persons eligible to vote |
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231 | 231 | | under the federal Uniformed and Overseas Citizens Absentee Voting |
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232 | 232 | | Act (42 U.S.C. Section 1973ff et seq.), as amended. |
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233 | 233 | | (b) The secretary of state is designated as the state |
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234 | 234 | | coordinator between military and overseas voters and county |
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235 | 235 | | election officials. A county election official shall: |
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236 | 236 | | (1) cooperate with the secretary of state to ensure |
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237 | 237 | | that military and overseas voters timely receive accurate balloting |
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238 | 238 | | materials that a voter is able to cast in time for the election; and |
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239 | 239 | | (2) otherwise comply with the federal Military and |
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240 | 240 | | Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, |
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241 | 241 | | Subt. H). |
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242 | 242 | | (c) The secretary of state may adopt rules as necessary to |
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243 | 243 | | implement this section. |
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244 | 244 | | SECTION 17. Subsection (a), Section 112.002, Election Code, |
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245 | 245 | | is amended to read as follows: |
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246 | 246 | | (a) After changing residence to another county, a person is |
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247 | 247 | | eligible to vote a limited ballot by personal appearance during the |
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248 | 248 | | early voting period or by mail if: |
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249 | 249 | | (1) the person would have been eligible to vote in the |
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250 | 250 | | county of former residence on election day if still residing in that |
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251 | 251 | | county; |
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252 | 252 | | (2) the person is registered to vote in the county of |
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253 | 253 | | former residence at the time the person: |
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254 | 254 | | (A) offers to vote in the county of new |
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255 | 255 | | residence; or |
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256 | 256 | | (B) submitted a voter registration application |
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257 | 257 | | in the county of new residence; and |
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258 | 258 | | (3) a voter registration for the person in the county |
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259 | 259 | | of new residence is not effective on or before election day. |
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260 | 260 | | SECTION 18. Section 127.007, Election Code, is amended to |
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261 | 261 | | read as follows: |
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262 | 262 | | Sec. 127.007. PLAN FOR COUNTING STATION OPERATION. |
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263 | 263 | | (a) The manager shall establish and implement a written plan for |
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264 | 264 | | the orderly operation of the central counting station. |
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265 | 265 | | (b) The plan required under this section must address the |
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266 | 266 | | process for comparing the number of voters who signed the |
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267 | 267 | | combination form with the number of votes cast for the entire |
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268 | 268 | | election. |
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269 | 269 | | SECTION 19. Subsection (c), Section 129.023, Election Code, |
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270 | 270 | | is amended to read as follows: |
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271 | 271 | | (c) The general custodian of election records shall adopt |
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272 | 272 | | procedures for testing that: |
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273 | 273 | | (1) direct the testing board to cast votes; |
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274 | 274 | | (2) verify that each contest position, as well as each |
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275 | 275 | | precinct and ballot style, on the ballot can be voted and is |
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276 | 276 | | accurately counted [for each precinct and ballot style]; |
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277 | 277 | | (3) include overvotes and undervotes for each race, if |
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278 | 278 | | applicable to the system being tested; |
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279 | 279 | | (4) include straight-party votes and crossover votes; |
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280 | 280 | | (5) include write-in votes, when applicable to the |
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281 | 281 | | election; |
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282 | 282 | | (6) include provisional votes, if applicable to the |
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283 | 283 | | system being tested; |
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284 | 284 | | (7) calculate the expected results from the test |
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285 | 285 | | ballots; |
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286 | 286 | | (8) ensure that each voting machine has any public |
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287 | 287 | | counter reset to zero and presented to the testing board for |
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288 | 288 | | verification before testing; |
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289 | 289 | | (9) require that, for each feature of the system that |
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290 | 290 | | allows disabled voters to cast a ballot, at least one vote be cast |
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291 | 291 | | and verified by a two-person testing board team using that feature; |
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292 | 292 | | and |
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293 | 293 | | (10) require that, when all votes are cast, the |
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294 | 294 | | general custodian of election records and the testing board observe |
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295 | 295 | | the tabulation of all ballots and compare the actual results to the |
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296 | 296 | | expected results. |
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297 | 297 | | SECTION 20. Section 141.040, Election Code, is amended to |
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298 | 298 | | read as follows: |
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299 | 299 | | Sec. 141.040. NOTICE OF DEADLINES. (a) The authority with |
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300 | 300 | | whom [Not later than the 30th day before the first day on which a |
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301 | 301 | | candidate may file] an application for a place on the ballot under |
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302 | 302 | | this subchapter[, the authority with whom the application] must be |
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303 | 303 | | filed shall post notice of the dates of the filing period in a |
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304 | 304 | | public place in a building in which the authority has an office not |
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305 | 305 | | later than the 30th day before: |
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306 | 306 | | (1) the first day on which a candidate may file the |
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307 | 307 | | application; or |
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308 | 308 | | (2) the last day on which a candidate may file the |
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309 | 309 | | application, if this code does not designate a first day on which |
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310 | 310 | | the candidate may file the application. |
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311 | 311 | | (b) This section does not apply to an office filled at the |
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312 | 312 | | general election for state and county officers. |
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313 | 313 | | SECTION 21. Section 145.001, Election Code, is amended by |
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314 | 314 | | amending Subsection (b) and by adding Subsection (d-1) to read as |
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315 | 315 | | follows: |
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316 | 316 | | (b) A [To be effective, a] withdrawal request must: |
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317 | 317 | | (1) be in writing and be signed and acknowledged by the |
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318 | 318 | | candidate; and |
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319 | 319 | | (2) be timely filed with the appropriate authority or |
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320 | 320 | | an agent of an authority only as expressly provided by this code. |
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321 | 321 | | (d-1) A withdrawal that is not filed in compliance with |
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322 | 322 | | Subsection (b) has no legal effect and is not considered filed. |
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323 | 323 | | SECTION 22. Section 145.005, Election Code, is amended to |
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324 | 324 | | read as follows: |
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325 | 325 | | Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN, |
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326 | 326 | | OR INELIGIBLE CANDIDATE. (a) If the name of a deceased, |
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327 | 327 | | withdrawn, or ineligible candidate appears on the ballot under this |
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328 | 328 | | chapter, the votes cast for the candidate shall be counted and |
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329 | 329 | | entered on the official election returns in the same manner as for |
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330 | 330 | | the other candidates. |
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331 | 331 | | (b) If the deceased, withdrawn, or ineligible candidate |
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332 | 332 | | receives the vote required for election, the resulting vacancy |
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333 | 333 | | shall be filled in the regular manner. |
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334 | 334 | | (c) If the deceased, withdrawn, or ineligible candidate and |
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335 | 335 | | another candidate tie for the most votes in an election in which a |
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336 | 336 | | plurality vote is sufficient for election, the other candidate is |
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337 | 337 | | considered to be elected. If more than one other candidate is tied |
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338 | 338 | | with the deceased, withdrawn, or ineligible candidate, the winner |
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339 | 339 | | of the election shall be determined by resolving the tie between the |
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340 | 340 | | other candidates in the regular manner for resolving a tie vote in |
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341 | 341 | | the election. |
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342 | 342 | | (d) In a race in which a runoff is required, if the deceased, |
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343 | 343 | | withdrawn, or ineligible candidate received the vote that would |
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344 | 344 | | entitle the candidate to a place on the runoff election ballot or |
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345 | 345 | | tied for that number of votes, the candidates in the runoff shall be |
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346 | 346 | | determined in the regular manner but without regard to the votes |
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347 | 347 | | received by the deceased, withdrawn, or ineligible candidate. |
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348 | 348 | | SECTION 23. Subsections (a) and (d), Section 145.092, |
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349 | 349 | | Election Code, are amended to read as follows: |
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350 | 350 | | (a) Except as otherwise provided by this section, a |
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351 | 351 | | candidate may not withdraw from an election after 5 p.m. of the |
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352 | 352 | | third day after the deadline for filing the candidate's application |
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353 | 353 | | for a place on the ballot [second day before the beginning of early |
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354 | 354 | | voting by personal appearance]. |
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355 | 355 | | (d) A candidate in a runoff election [following a main |
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356 | 356 | | election subject to Subsection (b)] may not withdraw from the |
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357 | 357 | | election after 5 p.m. of the third day after the date of the main |
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358 | 358 | | election. |
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359 | 359 | | SECTION 24. Subsection (a), Section 145.094, Election Code, |
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360 | 360 | | is amended to read as follows: |
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361 | 361 | | (a) The name of a candidate shall be omitted from the ballot |
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362 | 362 | | if the candidate: |
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363 | 363 | | (1) dies before the second day before the date of the |
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364 | 364 | | deadline for filing the candidate's application for a place on the |
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365 | 365 | | ballot; |
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366 | 366 | | (2) withdraws or is declared ineligible within the |
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367 | 367 | | time prescribed by Section 145.092(a) [before 5 p.m. of the second |
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368 | 368 | | day before the beginning of early voting by personal appearance], |
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369 | 369 | | in an election subject to that section [Section 145.092(a)]; |
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370 | 370 | | (3) withdraws or is declared ineligible within the |
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371 | 371 | | time prescribed by Section 145.092(b) [before 5 p.m. of the 53rd day |
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372 | 372 | | before election day], in an election subject to that section |
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373 | 373 | | [Section 145.092(b)]; or |
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374 | 374 | | (4) withdraws or is declared ineligible within the |
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375 | 375 | | time prescribed by Section 145.092(f) [before 5 p.m. of the 67th day |
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376 | 376 | | before election day], in an election subject to that section |
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377 | 377 | | [Section 145.092(f)]. |
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378 | 378 | | SECTION 25. Subsection (a), Section 172.052, Election Code, |
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379 | 379 | | is amended to read as follows: |
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380 | 380 | | (a) A candidate for nomination may not withdraw from the |
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381 | 381 | | general primary election after the first day after the deadline for |
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382 | 382 | | filing the candidate's application for a place on the general |
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383 | 383 | | primary election ballot [62nd day before general primary election |
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384 | 384 | | day]. |
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385 | 385 | | SECTION 26. Section 172.057, Election Code, is amended to |
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386 | 386 | | read as follows: |
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387 | 387 | | Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE |
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388 | 388 | | CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A |
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389 | 389 | | candidate's name shall be omitted from the general primary election |
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390 | 390 | | ballot if the candidate withdraws, dies, or is declared ineligible |
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391 | 391 | | within the time prescribed by Section 172.052(a) [on or before the |
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392 | 392 | | 62nd day before general primary election day]. |
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393 | 393 | | SECTION 27. Subsection (i), Section 213.013, Election Code, |
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394 | 394 | | is amended to read as follows: |
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395 | 395 | | (i) No device capable [mechanical or electronic means] of |
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396 | 396 | | recording images or sound is [are] allowed inside the room in which |
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397 | 397 | | the recount is conducted, or in any hallway or corridor in the |
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398 | 398 | | building in which the recount is conducted within 30 feet of the |
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399 | 399 | | entrance to the room, while the recount is in progress unless the |
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400 | 400 | | person entitled to be present at the recount agrees to disable or |
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401 | 401 | | deactivate the device. However, on request of a person entitled to |
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402 | 402 | | appoint watchers to serve at the recount, the recount committee |
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403 | 403 | | chair shall permit the person to photocopy under the chair's |
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404 | 404 | | supervision any ballot, including any supporting materials, |
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405 | 405 | | challenged by the person or person's watcher. The person must pay a |
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406 | 406 | | reasonable charge for making the copies and, if no photocopying |
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407 | 407 | | equipment is available, may supply that equipment at the person's |
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408 | 408 | | expense. The person shall provide a copy on request to another |
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409 | 409 | | person entitled to appoint watchers to serve at the recount. |
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410 | 410 | | SECTION 28. Section 216.002, Election Code, is amended to |
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411 | 411 | | read as follows: |
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412 | 412 | | Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY. |
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413 | 413 | | Except as otherwise provided by this chapter, this title, including |
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414 | 414 | | the notice requirement of Section 213.009, applies to a recount |
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415 | 415 | | conducted under this chapter with appropriate modifications as |
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416 | 416 | | prescribed by the secretary of state. |
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417 | 417 | | SECTION 29. Subsection (c), Section 232.008, Election Code, |
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418 | 418 | | is amended to read as follows: |
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419 | 419 | | (c) A contestant must file the petition not later than the |
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420 | 420 | | 10th day after the date the official result is determined in a |
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421 | 421 | | contest of: |
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422 | 422 | | (1) a primary or runoff primary election; or |
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423 | 423 | | (2) a general or special election for which a runoff is |
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424 | 424 | | necessary according to the official result or will be necessary if |
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425 | 425 | | the contestant prevails. |
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426 | 426 | | SECTION 30. Section 253.167, Election Code, is amended to |
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427 | 427 | | read as follows: |
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428 | 428 | | Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF |
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429 | 429 | | CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this |
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430 | 430 | | subchapter only, not later than June 1 of each odd-numbered year, |
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431 | 431 | | the commission [secretary of state] shall: |
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432 | 432 | | (1) make [deliver to the commission] a written |
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433 | 433 | | certification of the population of each judicial district for which |
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434 | 434 | | a candidate for judge or justice must file a campaign treasurer |
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435 | 435 | | appointment with the commission; and |
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436 | 436 | | (2) deliver to the county clerk of each county a |
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437 | 437 | | written certification of the county's population, if the county: |
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438 | 438 | | (A) comprises an entire judicial district under |
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439 | 439 | | Chapter 26, Government Code; or |
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440 | 440 | | (B) has a statutory county court or statutory |
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441 | 441 | | probate court, other than a multicounty statutory county court |
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442 | 442 | | created under Subchapter D, Chapter 25, Government Code. |
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443 | 443 | | (b) Following [On receipt of the] certification of |
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444 | 444 | | population under Subsection (a), the commission or county clerk, as |
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445 | 445 | | appropriate, shall make available to each candidate for an office |
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446 | 446 | | covered by this subchapter written notice of the contribution and |
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447 | 447 | | expenditure limits applicable to the office the candidate seeks. |
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448 | 448 | | SECTION 31. Section 501.001, Election Code, is amended by |
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449 | 449 | | adding Subdivision (4) to read as follows: |
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450 | 450 | | (4) "Political subdivision" includes a justice |
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451 | 451 | | precinct. |
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452 | 452 | | SECTION 32. Subsection (a), Section 501.023, Election Code, |
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453 | 453 | | is amended to read as follows: |
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454 | 454 | | (a) If 10 or more qualified voters of any county, justice |
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455 | 455 | | precinct, or municipality file a written application and provide |
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456 | 456 | | proof of publication of notice in a newspaper of general |
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457 | 457 | | circulation in that political subdivision, the county clerk of the |
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458 | 458 | | county shall issue to the applicants a petition to be circulated |
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459 | 459 | | among the qualified voters of the political subdivision for the |
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460 | 460 | | signatures of those qualified voters who desire that a local option |
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461 | 461 | | election be called for the purpose of determining whether the sale |
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462 | 462 | | of alcoholic beverages of one or more of the various types and |
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463 | 463 | | alcoholic contents shall be prohibited or legalized in the |
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464 | 464 | | political subdivision. The notice must include: |
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465 | 465 | | (1) the individual or entity that is applying for the |
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466 | 466 | | petition to gather signatures for a local option liquor election; |
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467 | 467 | | (2) the type of local option liquor election; |
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468 | 468 | | (3) the name of the political subdivision in which the |
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469 | 469 | | petition will be circulated; and |
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470 | 470 | | (4) the name and title of the person with whom the |
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471 | 471 | | application will be filed. |
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472 | 472 | | SECTION 33. Subsection (a), Section 501.108, Election Code, |
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473 | 473 | | is amended to read as follows: |
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474 | 474 | | (a) If a county is not required to pay the initial expense, |
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475 | 475 | | regardless of any authority to receive reimbursement, of a local |
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476 | 476 | | option election under Section 501.107, the county clerk shall |
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477 | 477 | | require the applicants for a petition for a local option election to |
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478 | 478 | | make a deposit before the issuance of the petition. |
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479 | 479 | | SECTION 34. Sections 18.041 and 18.042 and Subsection (c), |
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480 | 480 | | Section 145.092, Election Code, are repealed. |
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481 | 481 | | SECTION 35. This Act takes effect September 1, 2011. |
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482 | 482 | | * * * * * |
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