Texas 2017 - 85th Regular

Texas Senate Bill SB405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4826 ADM-D
2	2	By: Hall S.B. No. 405
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voting and election procedures; creating an offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 52.075, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
12	12	SYSTEMS. The secretary of state may prescribe the form and content
13	13	of a ballot for an election using a voting system, including an
14	14	electronic voting system [or a voting system that uses direct
15	15	recording electronic voting machines], to conform to the formatting
16	16	requirements of the system.
17	17	SECTION 2. Sections 85.001(a) and (c), Election Code, are
18	18	amended to read as follows:
19	19	(a) The period for early voting by personal appearance
20	20	begins on the 10th [17th] day before election day and continues
21	21	through the fourth day before election day, except as otherwise
22	22	provided by this section.
23	23	(c) If the date prescribed by Subsection (a) [or (b)] for
24	24	beginning the period is a Saturday, Sunday, or legal state holiday,
25	25	the early voting period begins on the next regular business day.
26	26	SECTION 3. Section 85.005(d), Election Code, is amended to
27	27	read as follows:
28	28	(d) In an election ordered by a city, early voting by
29	29	personal appearance at the main early voting polling place shall be
30	30	conducted for at least 12 hours[:
31	31	[(1)] on one weekday[, if the early voting period
32	32	consists of less than six weekdays; or
33	33	[(2) on two weekdays, if the early voting period
34	34	consists of six or more weekdays].
35	35	SECTION 4. Sections 85.006(a), (d), and (e), Election Code,
36	36	are amended to read as follows:
37	37	(a) Except as provided by Subsection (b), the authority
38	38	ordering an election may order early voting by personal appearance
39	39	at the main early voting polling place to be conducted on a Saturday
40	40	or Sunday [one or more Saturdays or Sundays] during the early voting
41	41	period.
42	42	(d) The authority authorized to order early voting on a
43	43	Saturday or Sunday under Subsection (a) or (b) shall order the
44	44	voting under the applicable subsection on receipt of a written
45	45	request submitted by at least 15 registered voters of the territory
46	46	covered by the election. The request must be submitted in time to
47	47	enable compliance with Section 85.007. The authority [is not
48	48	required to order the voting on a particular date specified by the
49	49	request but] shall order the voting on [at least one] Saturday if
50	50	[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
51	51	is requested.
52	52	(e) In a primary election or the general election for state
53	53	and county officers in a county with a population of 100,000 or
54	54	more, the early voting clerk shall order personal appearance voting
55	55	at the main early voting polling place to be conducted for at least
56	56	12 hours on [the last] Saturday and for at least five hours on [the
57	57	last] Sunday during [of] the early voting period. The early voting
58	58	clerk shall order voting to be conducted at those times in those
59	59	elections in a county with a population under 100,000 on receipt of
60	60	a written request for those hours submitted by at least 15
61	61	registered voters of the county. The request must be submitted in
62	62	time to enable compliance with Section 85.007. This subsection
63	63	supersedes any provision of this subchapter to the extent of any
64	64	conflict.
65	65	SECTION 5. Section 85.010(b), Election Code, is amended to
66	66	read as follows:
67	67	(b) A political subdivision that holds an election
68	68	described by Subsection (a) shall designate as an early voting
69	69	polling place for the election any early voting polling place[,
70	70	other than a polling place established under Section 85.062(e),]
71	71	established by the county and located in the political subdivision.
72	72	SECTION 6. Sections 85.062(a) and (b), Election Code, are
73	73	amended to read as follows:
74	74	(a) Except as provided by Subsection (d) [or (e)], one or
75	75	more early voting polling places other than the main early voting
76	76	polling place may be established by:
77	77	(1) the commissioners court, for an election in which
78	78	the county clerk is the early voting clerk; or
79	79	(2) the governing body of the political subdivision
80	80	served by the authority ordering the election, for an election in
81	81	which a person other than the county clerk is the early voting
82	82	clerk.
83	83	(b) A polling place established under this section may be
84	84	located, subject to Subsection (d), at any place in the territory
85	85	served by the early voting clerk and may be located in any
86	86	stationary structure as directed by the authority establishing the
87	87	branch office. The polling place may be located in a movable
88	88	structure, but the structure may not change locations during the
89	89	early voting period [in the general election for state and county
90	90	officers, general primary election, or runoff primary election].
91	91	Ropes or other suitable objects may be used at the polling place to
92	92	ensure compliance with Section 62.004. Persons who are not
93	93	expressly permitted by law to be in a polling place shall be
94	94	excluded from the polling place to the extent practicable.
95	95	SECTION 7. Section 85.063, Election Code, is amended to
96	96	read as follows:
97	97	Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
98	98	TEMPORARY BRANCH. Early voting by personal appearance at each
99	99	permanent or temporary branch polling place shall be conducted on
100	100	the same days and during the same hours as voting is conducted at
101	101	the main early voting polling place.
102	102	SECTION 8. Section 85.068(a), Election Code, is amended to
103	103	read as follows:
104	104	(a) The early voting clerk shall post notice for each
105	105	election stating any dates and the hours that voting on Saturday or
106	106	Sunday will be conducted at a temporary branch polling place [under
107	107	Section 85.064(d) or 85.065(b)], if the early voting clerk is a
108	108	county clerk or city secretary under Section 83.002 or 83.005.
109	109	SECTION 9. Section 122.001(a), Election Code, is amended to
110	110	read as follows:
111	111	(a) A voting system may not be used in an election unless the
112	112	system:
113	113	(1) preserves the secrecy of the ballot;
114	114	(2) is suitable for the purpose for which it is
115	115	intended;
116	116	(3) operates safely, efficiently, and accurately and
117	117	complies with the voting system standards adopted by the Election
118	118	Assistance Commission;
119	119	(4) is safe from fraudulent or unauthorized
120	120	manipulation;
121	121	(5) permits voting on all offices and measures to be
122	122	voted on at the election;
123	123	(6) prevents counting votes on offices and measures on
124	124	which the voter is not entitled to vote;
125	125	(7) prevents counting votes by the same voter for more
126	126	than one candidate for the same office or, in elections in which a
127	127	voter is entitled to vote for more than one candidate for the same
128	128	office, prevents counting votes for more than the number of
129	129	candidates for which the voter is entitled to vote;
130	130	(8) prevents counting a vote on the same office or
131	131	measure more than once;
132	132	(9) permits write-in voting;
133	133	(10) is capable of permitting straight-party voting;
134	134	[and]
135	135	(11) is capable of providing records from which the
136	136	operation of the voting system may be audited; and
137	137	(12) uses a paper record or produces a paper receipt
138	138	that can be used to verify the tabulation of electronic voting
139	139	system results.
140	140	SECTION 10. Subchapter A, Chapter 123, Election Code, is
141	141	amended by adding Section 123.010 to read as follows:
142	142	Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
143	143	PROHIBITED. Except as necessary to comply with Section 61.012, an
144	144	authority may not adopt a voting system that uses direct recording
145	145	electronic voting machines.
146	146	SECTION 11. Section 128.001, Election Code, is amended by
147	147	adding Subsection (d) to read as follows:
148	148	(d) The secretary of state shall compile procedures adopted
149	149	under this section for voting and for reconciliation of votes cast
150	150	using computerized voting systems into a list. The list of
151	151	procedures must apply uniformly across the state.
152	152	SECTION 12. Section 216.001, Election Code, is amended to
153	153	read as follows:
154	154	Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
155	155	applies only to:
156	156	(1) an election that results in a tie vote as provided
157	157	by Sections 2.002(i), 2.023(b) and (c), and 2.028; or
158	158	(2) a precinct described by Section 216.006.
159	159	SECTION 13. Chapter 216, Election Code, is amended by
160	160	adding Section 216.006 to read as follows:
161	161	Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This
162	162	section applies to a precinct that has completed a vote count under
163	163	Chapter 65 in which the total number of ballots counted differs by
164	164	at least 0.5 percent from the number of people who signed the
165	165	precinct's signature roster under Section 63.002.
166	166	(b) The presiding judge of a precinct described by
167	167	Subsection (a) shall conduct a recount under this chapter.
168	168	(c) A person commits an offense if the person canvasses a
169	169	precinct's returns prior to the completion of a recount required by
170	170	this section. An offense under this subsection is a Class A
171	171	misdemeanor.
172	172	SECTION 14. (a) The following provisions of the Election
173	173	Code are repealed:
174	174	(1) Section 43.004(c);
175	175	(2) Section 43.007;
176	176	(3) Section 66.058(g);
177	177	(4) Sections 85.001(b) and (e);
178	178	(5) Section 85.062(e);
179	179	(6) Section 85.064;
180	180	(7) Section 85.065;
181	181	(8) Section 127.201(g);
182	182	(9) Chapter 129; and
183	183	(10) Section 213.016.
184	184	(b) Section 33.05, Penal Code, is repealed.
185	185	SECTION 15. This Act takes effect September 1, 2017.