Texas 2019 - 86th Regular

Texas House Bill HB1459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R19667~~ SRS-F
	1	+	86R4726 SRS-F
2	2		By: González of Dallas H.B. No. 1459
3		-	Substitute the following for H.B. No. 1459:
4		-	By: Klick C.S.H.B. No. 1459
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the appointment of early voting boards, including the
10	8		signature verification committee.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. ~~Section~~ 87.002, Election Code, ~~is amended to~~
13		-	read as follows:
14		-	~~Sec. 87.002. COMPOSITION OF BOARD.~~ (a) The early voting
15		-	~~ballot board consists of a presiding~~ judge, an alternate presiding
16		-	~~judge, and at least two other~~ members.
	10	+	SECTION 1. Sections 87.002(a), (b), and (d), Election Code,
	11	+	are amended to read as follows:
	12	+	(a) The early voting ballot board consists of a presiding
	13	+	judge, an alternate presiding judge, and at least two other
	14	+	members.
17	15		(b) Except as provided by Subsection (d), the presiding
18	16		judge and the alternate presiding judge are [is] appointed in the
19	17		same manner as a presiding election judge under Section 32.002.
20	18		Except as provided by Subsection (c), the other members are
21	19		appointed by the presiding judge in the same manner as the precinct
22	20		election clerks.
23		-	(c) In the general election for state and county officers,
24		-	each county chair of a political party with nominees on the general
25		-	election ballot shall submit to the county election board a list of
26		-	names of persons eligible to serve on the early voting ballot board.
27		-	The county election board shall appoint at least one person from
28		-	each list to serve as a member of the early voting ballot board. The
29		-	same number of members must be appointed from each list. If a
30		-	political party does not submit a list, the county election board
31		-	may make appointments to the board as necessary from any political
32		-	party.
33	21		(d) In addition to the members appointed under Subsection
34	22		(c), the county election board shall appoint the presiding judge
35	23		from the list provided under that subsection by the political party
36	24		whose nominee for governor received the most votes in the county in
37	25		the most recent gubernatorial general election and the alternate
38	26		presiding judge from the list provided under that subsection by the
39	27		political party whose nominee for governor received the second most
40	28		votes in the county in the most recent gubernatorial general
41	29		election.
42		-	SECTION 2. ~~Sections~~ 87.027(d), ~~(i), and (j),~~ Election Code,
43		-	~~are amended to~~ read as follows:
	30	+	SECTION 2. Section 87.027(d), Election Code, is amended to
	31	+	read as follows:
44	32		(d) The early voting clerk shall determine the number of
45	33		members who are to compose the signature verification committee and
46	34		shall state that number in the order calling for the committee's
47	35		appointment. A committee must consist of not fewer than five
48	36		members. In an election in which party alignment is indicated on
49	37		the ballot, each county chair of a political party with a nominee or
50	38		aligned candidate on the ballot shall submit to the appointing
51	39		authority a list of names of persons eligible to serve on the
52	40		signature verification committee. The authority shall appoint at
53	41		least two persons from each list to serve as members of the
54	42		committee. The same number of members must be appointed from each
55	43		list. The authority shall appoint the chair of the committee from
56	44		the list provided by the political party whose nominee for governor
57	45		received the most votes in the county in the most recent
58	46		gubernatorial general election. The authority shall also appoint a
59	47		vice chair of the committee from the list provided by a political
60	48		party whose nominee for governor received the second most votes in
61		-	the county in the most recent gubernatorial general election. If a
62		-	political party does not submit a list, the authority may make
63		-	appointments as needed from any political party. A vacancy on the
64		-	committee shall be filled by appointment from the original list or
65		-	from a new list submitted by the appropriate county chair.
66		-	(i) The signature verification committee shall compare the
67		-	signature on each carrier envelope certificate, except those signed
68		-	for a voter by a witness, with the signature on the voter's ballot
69		-	application to determine whether the signatures are those of the
70		-	voter. While the committee is reviewing signatures, an equal
71		-	number of committee members from each political party that
72		-	submitted a list of names shall be present to the extent
73		-	practicable. The committee may also compare the signatures with
74		-	any two or more signatures of the voter made within the preceding
75		-	six years and on file with the county clerk or voter registrar to
76		-	determine whether the signatures are those of the voter. Except as
77		-	provided by Subsection (l), a determination under this subsection
78		-	that the signatures are not those of the voter must be made by a
79		-	majority vote of the committee's membership. If a tie vote of the
80		-	committee's membership occurs, the signatures are considered to be
81		-	those of the voter. The committee shall place the jacket envelopes,
82		-	carrier envelopes, and applications of voters whose signatures are
83		-	not those of the voter in separate containers from those of voters
84		-	whose signatures are those of the voter. The committee chair shall
85		-	deliver the sorted materials to the early voting ballot board at the
86		-	time specified by the board's presiding judge.
87		-	(j) If a signature verification committee is appointed, the
88		-	early voting ballot board shall follow the same procedure for
89		-	accepting the early voting ballots voted by mail as in an election
90		-	without a signature verification committee, except that the board
91		-	may not determine whether a voter's signatures on the carrier
92		-	envelope certificate and ballot application are those of the same
93		-	person if the committee has determined that the signatures are
94		-	those of the same person. If the committee has determined that the
95		-	signatures are not those of the same person, the board may make a
96		-	determination that the signatures are those of the same person by a
97		-	[majority] vote of at least one-half of the board's membership. If
98		-	a tie vote of the board's membership occurs, the signatures are
99		-	considered to be those of the same person.
	49	+	the county in the most recent gubernatorial general election. A
	50	+	vacancy on the committee shall be filled by appointment from the
	51	+	original list or from a new list submitted by the appropriate county
	52	+	chair.
100	53		SECTION 3. This Act takes effect September 1, 2019.