85R4826 ADM-D
By: Hall S.B. No. 405
A BILL TO BE ENTITLED
AN ACT
relating to voting and election procedures; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.075, Election Code, is amended to
read as follows:
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
SYSTEMS. The secretary of state may prescribe the form and content
of a ballot for an election using a voting system, including an
electronic voting system [or a voting system that uses direct
recording electronic voting machines], to conform to the formatting
requirements of the system.
SECTION 2. Sections 85.001(a) and (c), Election Code, are
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.
(c) If the date prescribed by Subsection (a) [or (b)] for
beginning the period is a Saturday, Sunday, or legal state holiday,
the early voting period begins on the next regular business day.
SECTION 3. Section 85.005(d), Election Code, is amended to
read as follows:
(d) In an election ordered by a city, early voting by
personal appearance at the main early voting polling place shall be
conducted for at least 12 hours[:
[(1)] on one weekday[, if the early voting period
consists of less than six weekdays; or
[(2) on two weekdays, if the early voting period
consists of six or more weekdays].
SECTION 4. Sections 85.006(a), (d), and (e), Election Code,
are amended to read as follows:
(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 a Saturday
or Sunday [one or more Saturdays or Sundays] during the early voting
period.
(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 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 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 5. Section 85.010(b), Election Code, is amended to
read as follows:
(b) A political subdivision that holds an election
described by Subsection (a) shall designate as an early voting
polling place for the election any early voting polling place[,
other than a polling place established under Section 85.062(e),]
established by the county and located in the political subdivision.
SECTION 6. Sections 85.062(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (d) [or (e)], one or
more early voting polling places other than the main early voting
polling place may be established by:
(1) the commissioners court, for an election in which
the county clerk is the early voting clerk; or
(2) the governing body of the political subdivision
served by the authority ordering the election, for an election in
which a person other than the county clerk is the early voting
clerk.
(b) A polling place established under this section may be
located, subject to Subsection (d), at any place in the territory
served by the early voting clerk and may be located in any
stationary structure as directed by the authority establishing the
branch office. The polling place may be located in a movable
structure, but the structure may not change locations during the
early voting period [in the general election for state and county
officers, general primary election, or runoff primary election].
Ropes or other suitable objects may be used at the polling place to
ensure compliance with Section 62.004. Persons who are not
expressly permitted by law to be in a polling place shall be
excluded from the polling place to the extent practicable.
SECTION 7. Section 85.063, Election Code, is amended to
read as follows:
Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
TEMPORARY BRANCH. Early voting by personal appearance at each
permanent or temporary branch polling place shall be conducted on
the same days and during the same hours as voting is conducted at
the main early voting polling place.
SECTION 8. Section 85.068(a), Election Code, is amended to
read as follows:
(a) The early voting clerk shall post notice for each
election stating any dates and the hours that voting on Saturday or
Sunday will be conducted at a temporary branch polling place [under
Section 85.064(d) or 85.065(b)], if the early voting clerk is a
county clerk or city secretary under Section 83.002 or 83.005.
SECTION 9. Section 122.001(a), Election Code, is amended to
read as follows:
(a) A voting system may not be used in an election unless the
system:
(1) preserves the secrecy of the ballot;
(2) is suitable for the purpose for which it is
intended;
(3) operates safely, efficiently, and accurately and
complies with the voting system standards adopted by the Election
Assistance Commission;
(4) is safe from fraudulent or unauthorized
manipulation;
(5) permits voting on all offices and measures to be
voted on at the election;
(6) prevents counting votes on offices and measures on
which the voter is not entitled to vote;
(7) prevents counting votes by the same voter for more
than one candidate for the same office or, in elections in which a
voter is entitled to vote for more than one candidate for the same
office, prevents counting votes for more than the number of
candidates for which the voter is entitled to vote;
(8) prevents counting a vote on the same office or
measure more than once;
(9) permits write-in voting;
(10) is capable of permitting straight-party voting;
[and]
(11) is capable of providing records from which the
operation of the voting system may be audited; and
(12) uses a paper record or produces a paper receipt
that can be used to verify the tabulation of electronic voting
system results.
SECTION 10. Subchapter A, Chapter 123, Election Code, is
amended by adding Section 123.010 to read as follows:
Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
PROHIBITED. Except as necessary to comply with Section 61.012, an
authority may not adopt a voting system that uses direct recording
electronic voting machines.
SECTION 11. Section 128.001, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall compile procedures adopted
under this section for voting and for reconciliation of votes cast
using computerized voting systems into a list. The list of
procedures must apply uniformly across the state.
SECTION 12. Section 216.001, Election Code, is amended to
read as follows:
Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) an election that results in a tie vote as provided
by Sections 2.002(i), 2.023(b) and (c), and 2.028; or
(2) a precinct described by Section 216.006.
SECTION 13. Chapter 216, Election Code, is amended by
adding Section 216.006 to read as follows:
Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This
section applies to a precinct that has completed a vote count under
Chapter 65 in which the total number of ballots counted differs by
at least 0.5 percent from the number of people who signed the
precinct's signature roster under Section 63.002.
(b) The presiding judge of a precinct described by
Subsection (a) shall conduct a recount under this chapter.
(c) A person commits an offense if the person canvasses a
precinct's returns prior to the completion of a recount required by
this section. An offense under this subsection is a Class A
misdemeanor.
SECTION 14. (a) The following provisions of the Election
Code are repealed:
(1) Section 43.004(c);
(2) Section 43.007;
(3) Section 66.058(g);
(4) Sections 85.001(b) and (e);
(5) Section 85.062(e);
(6) Section 85.064;
(7) Section 85.065;
(8) Section 127.201(g);
(9) Chapter 129; and
(10) Section 213.016.
(b) Section 33.05, Penal Code, is repealed.
SECTION 15. This Act takes effect September 1, 2017.