Texas 2015 - 84th Regular

Texas House Bill HB1555 Compare Versions

Only one version of the bill is available at this time.
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11 84R5114 ATP-D
22 By: Meyer H.B. No. 1555
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the elimination of straight-party voting.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 62.011(c), Election Code, is amended to
1010 read as follows:
1111 (c) The poster must include instructions applicable to the
1212 election on:
1313 (1) marking and depositing the ballot;
1414 (2) voting for a write-in candidate;
1515 (3) [casting a straight-party vote;
1616 [(4)] casting a provisional ballot;
1717 [(5) until the expiration of Section 13.122(d), voting
1818 for the first time by a person who registered by mail;] and
1919 (4) [(6)] securing an additional ballot if the voter's
2020 original ballot is spoiled.
2121 SECTION 2. Section 65.011, Election Code, is amended to
2222 read as follows:
2323 Sec. 65.011. OVERVOTING. If [Except as provided by Section
2424 65.007(c) or (d), if] a voter marks the ballot for more candidates
2525 for an office than the number of persons to be elected for that
2626 office, none of the votes may be counted for that office.
2727 SECTION 3. Section 105.002(c), Election Code, is amended to
2828 read as follows:
2929 (c) The secretary of state shall prescribe the form of the
3030 ballot to allow a voter to cast a vote in each federal, state, or
3131 local race in the election. The ballot must allow a voter to write
3232 in the name of a candidate [or, if applicable, cast a straight-party
3333 vote].
3434 SECTION 4. Section 122.001(a), Election Code, is amended to
3535 read as follows:
3636 (a) A voting system may not be used in an election unless the
3737 system:
3838 (1) preserves the secrecy of the ballot;
3939 (2) is suitable for the purpose for which it is
4040 intended;
4141 (3) operates safely, efficiently, and accurately and
4242 complies with the error rate standards of the voting system
4343 standards adopted by the Federal Election Commission;
4444 (4) is safe from fraudulent or unauthorized
4545 manipulation;
4646 (5) permits voting on all offices and measures to be
4747 voted on at the election;
4848 (6) prevents counting votes on offices and measures on
4949 which the voter is not entitled to vote;
5050 (7) prevents counting votes by the same voter for more
5151 than one candidate for the same office or, in elections in which a
5252 voter is entitled to vote for more than one candidate for the same
5353 office, prevents counting votes for more than the number of
5454 candidates for which the voter is entitled to vote;
5555 (8) prevents counting a vote on the same office or
5656 measure more than once;
5757 (9) permits write-in voting; and
5858 (10) [is capable of permitting straight-party voting;
5959 and
6060 [(11)] is capable of providing records from which the
6161 operation of the voting system may be audited.
6262 SECTION 5. Section 129.023(c), Election Code, is amended to
6363 read as follows:
6464 (c) The general custodian of election records shall adopt
6565 procedures for testing that:
6666 (1) direct the testing board to cast votes;
6767 (2) verify that each contest position, as well as each
6868 precinct and ballot style, on the ballot can be voted and is
6969 accurately counted;
7070 (3) include overvotes and undervotes for each race, if
7171 applicable to the system being tested;
7272 (4) [include straight-party votes and crossover
7373 votes;
7474 [(5)] include write-in votes, when applicable to the
7575 election;
7676 (5) [(6)] include provisional votes, if applicable to
7777 the system being tested;
7878 (6) [(7)] calculate the expected results from the test
7979 ballots;
8080 (7) [(8)] ensure that each voting machine has any
8181 public counter reset to zero and presented to the testing board for
8282 verification before testing;
8383 (8) [(9)] require that, for each feature of the system
8484 that allows disabled voters to cast a ballot, at least one vote be
8585 cast and verified by a two-person testing board team using that
8686 feature; and
8787 (9) [(10)] require that, when all votes are cast, the
8888 general custodian of election records and the testing board observe
8989 the tabulation of all ballots and compare the actual results to the
9090 expected results.
9191 SECTION 6. Sections 1.005(20), 52.071, 64.004, 65.007,
9292 122.001(b), 124.001, 124.003(d), 124.063(d), and 232.050(d),
9393 Election Code, are repealed.
9494 SECTION 7. This Act takes effect September 1, 2015.