83R8294 JRJ-F
By: Harless H.B. No. 2093
A BILL TO BE ENTITLED
AN ACT
relating to the early voting period for the general primary and
general elections for state and county officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.001(a), Election Code, is amended to
read as follows:
(a) The period for early voting by personal appearance
begins on the 10th [17th] day before election day and continues
through the fourth day before election day, except as otherwise
provided by this section.
SECTION 2. Sections 85.005(a), (b), and (c), Election Code,
are amended to read as follows:
(a) Except as provided by Subsection (c), in an election in
which a county clerk or city secretary is the early voting clerk
under Section 83.002 or 83.005, early voting by personal appearance
at the main early voting polling place shall be conducted on each
weekday and Saturday [the weekdays] of the early voting period and
during the hours that the county clerk's or city secretary's main
business office is regularly open for business.
(b) In an election to which Subsection (a) does not apply,
early voting by personal appearance at the main early voting
polling place shall be conducted at least eight hours each weekday
and Saturday of the early voting period that is not a legal state
holiday unless the territory covered by the election has fewer than
1,000 registered voters. In that case, the voting shall be
conducted at least three hours each day. The authority ordering the
election, or the county clerk if that person is the early voting
clerk, shall determine which hours the voting is to be conducted.
(c) In a county with a population of 100,000 or more, the
voting in a primary election or the general election for state and
county officers shall be conducted at the main early voting polling
place for at least 12 hours on each weekday and Saturday [of the
last week] of the early voting period, and the voting in a special
election ordered by the governor shall be conducted at the main
early voting polling place for at least 12 hours on each of the last
two days of the early voting period. Voting shall be conducted in
accordance with this subsection in those elections in a county with
a population under 100,000 on receipt by the early voting clerk of a
written request for the extended hours submitted by at least 50 [15]
registered voters of the county. The request must be submitted in
time to enable compliance with Section 85.067.
SECTION 3. Section 85.006, Election Code, is amended to
read as follows:
Sec. 85.006. VOTING ON [SATURDAY OR] SUNDAY. (a) Except as
provided by Subsection (b), the authority ordering an election may
order early voting by personal appearance at the main early voting
polling place to be conducted on Sunday [one or more Saturdays or
Sundays] during the early voting period.
(b) In an election in which a county clerk or city secretary
is the early voting clerk under Section 83.002 or 83.005, only the
early voting clerk may order voting on a [Saturday or] Sunday. The
clerk must do so by written order.
(c) The authority ordering voting on a [Saturday or] Sunday
shall determine the hours during which voting is to be conducted.
(d) The authority authorized to order early voting on a
[Saturday or] Sunday under Subsection (a) or (b) shall order the
voting under the applicable subsection on receipt of a written
request submitted by at least 50 [15] registered voters of the
territory covered by the election. The request must be submitted in
time to enable compliance with Section 85.007. [The authority is
not required to order the voting on a particular date specified by
the request but shall order the voting on at least one Saturday if a
Saturday is requested and on at least one Sunday if a Sunday is
requested.]
(e) In a primary election or the general election for state
and county officers in a county with a population of 100,000 or
more, the early voting clerk shall order personal appearance voting
at the main early voting polling place to be conducted for at least
[12 hours on the last Saturday and for at least] five hours on the
[last] Sunday during [of] the early voting period. The early voting
clerk shall order voting to be conducted at those times in those
elections in a county with a population under 100,000 on receipt of
a written request for those hours submitted by at least 50 [15]
registered voters of the county. The request must be submitted in
time to enable compliance with Section 85.007. This subsection
supersedes any provision of this subchapter to the extent of any
conflict.
SECTION 4. Sections 85.007(a) and (b), Election Code, are
amended to read as follows:
(a) The election order and the election notice must state:
(1) the date that early voting will begin if under
Section 85.001(d) the early voting period is to begin later than the
prescribed date;
(2) the regular dates and hours that voting will be
conducted under Section 85.005(b); and
(3) the dates and hours that voting on [Saturday or]
Sunday is ordered to be conducted under Section 85.006(a).
(b) The early voting clerk shall post notice for each
election stating the dates and hours that voting on a [Saturday or]
Sunday is ordered to be conducted under Section 85.006(b).
SECTION 5. Sections 85.001(b) and (c), Election Code, are
repealed.
SECTION 6. This Act takes effect September 1, 2013.