85R422 ADM-D
By: Huffines S.B. No. 703
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting movable early voting polling places.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Section 85.062, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (h) 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 not be located in a movable
structure [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.
(c) In any election, the location of a polling place
established under this section shall be fixed at one place for the
duration of the period that voting is required to be conducted for
that election [at the polling place].
(h) If an authority holding an election for which the ballot
includes a proposition seeking voter approval of the issuance of
bonds or other debt establishes a polling place located in a movable
structure or location in violation of this section, the election
for approval of the proposition is invalid.
SECTION 3. Section 85.062(e), Election Code, is repealed.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.