Texas 2019 - 86th Regular

Texas House Bill HB740 Compare Versions

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

Old	New	Differences
1	1	86R3624 GRM-D
2	2	By: Reynolds H.B. No. 740
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to straight-party voting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.005, Election Code, as effective
10	10	September 1, 2020, is amended by adding Subdivision (20) to read as
11	11	follows:
12	12	(20) "Straight-party vote" means a vote by a single
13	13	mark, punch, or other action by the voter for all the nominees of
14	14	one political party and for no other candidates.
15	15	SECTION 2. Section 31.012(a), Election Code, as effective
16	16	September 1, 2020, is amended to read as follows:
17	17	(a) The secretary of state and the voter registrar of each
18	18	county that maintains a website shall provide notice of the
19	19	identification requirements for voting prescribed by Chapter 63
20	20	[and that straight ticket voting has been eliminated pursuant to
21	21	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017] on
22	22	each entity's respective website in each language in which voter
23	23	registration [and election] materials are available. The secretary
24	24	of state shall prescribe the wording of the notice to be included on
25	25	the websites.
26	26	SECTION 3. Subchapter C, Chapter 52, Election Code, as
27	27	effective September 1, 2020, is amended by adding Section 52.071 to
28	28	read as follows:
29	29	Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
30	30	STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
31	31	appears, a square larger than the square prescribed by Section
32	32	52.070(a) shall be printed to the left of each political party's
33	33	name.
34	34	(b) The following instruction shall be added to the
35	35	instruction required by Section 52.070(b): "You may cast a
36	36	straight-party vote (that is, cast a vote for all the nominees of
37	37	one party) by placing an 'X' in the square beside the name of the
38	38	party of your choice. If you cast a straight-party vote for all the
39	39	nominees of one party and also cast a vote for an opponent of one of
40	40	that party's nominees, your vote for the opponent will be counted as
41	41	well as your vote for all the other nominees of the party for which
42	42	the straight-party vote was cast."
43	43	SECTION 4. Section 62.011(c), Election Code, as effective
44	44	September 1, 2020, is amended to read as follows:
45	45	(c) The poster must include instructions applicable to the
46	46	election on:
47	47	(1) marking and depositing the ballot;
48	48	(2) voting for a write-in candidate;
49	49	(3) casting a provisional ballot; [and]
50	50	(4) securing an additional ballot if the voter's
51	51	original ballot is spoiled; and
52	52	(5) casting a straight-party vote.
53	53	SECTION 5. Subchapter A, Chapter 64, Election Code, as
54	54	effective September 1, 2020, is amended by adding Section 64.004 to
55	55	read as follows:
56	56	Sec. 64.004. MARKING THE BALLOT FOR STRAIGHT-PARTY VOTE.
57	57	In an election in which a single square is provided on the ballot
58	58	for casting a straight-party vote, a straight-party vote must be
59	59	indicated by placing an "X" or other mark that clearly shows the
60	60	voter's intent in the square beside the name of the appropriate
61	61	political party.
62	62	SECTION 6. Subchapter A, Chapter 65, Election Code, as
63	63	effective September 1, 2020, is amended by adding Section 65.007 to
64	64	read as follows:
65	65	Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an
66	66	election in which a single square is provided on the ballot for
67	67	casting a straight-party vote, the tally lists shall contain spaces
68	68	for tallying those votes.
69	69	(b) Except as provided by Subsection (c) or (d), each
70	70	straight-party vote shall be tallied for the party receiving the
71	71	vote instead of being tallied for the individual candidates of the
72	72	party. The total number of straight-party votes tallied for each
73	73	party shall be added to the total votes received for each of the
74	74	party nominees individually.
75	75	(c) If a ballot indicates a straight-party vote and a vote
76	76	for an opponent of one or more of that party's nominees, a vote
77	77	shall be counted for the opponent and for each of the party's other
78	78	nominees whether or not any of those nominees have received
79	79	individual votes.
80	80	(d) If a ballot indicates straight-party votes for more than
81	81	one party, those votes may not be tallied and a vote shall be
82	82	counted for each candidate receiving an individual vote if no other
83	83	individual votes are received in that race. If no candidate
84	84	receives an individual vote, the portion of the ballot for offices
85	85	may not be counted.
86	86	SECTION 7. Section 65.011, Election Code, as effective
87	87	September 1, 2020, is amended to read as follows:
88	88	Sec. 65.011. OVERVOTING. Except as provided by Section
89	89	65.007(c) or (d), if [If] a voter marks the ballot for more
90	90	candidates for an office than the number of persons to be elected
91	91	for that office, none of the votes may be counted for that office.
92	92	SECTION 8. Section 105.002(c), Election Code, as effective
93	93	September 1, 2020, is amended to read as follows:
94	94	(c) The secretary of state shall prescribe the form of the
95	95	ballot to allow a voter to cast a vote in each federal, state, or
96	96	local race in the election. The ballot must allow a voter to write
97	97	in the name of a candidate or, if applicable, cast a straight-party
98	98	vote.
99	99	SECTION 9. Section 122.001, Election Code, as effective
100	100	September 1, 2020, is amended by amending Subsection (a) and adding
101	101	Subsection (b) to read as follows:
102	102	(a) A voting system may not be used in an election unless the
103	103	system:
104	104	(1) preserves the secrecy of the ballot;
105	105	(2) is suitable for the purpose for which it is
106	106	intended;
107	107	(3) operates safely, efficiently, and accurately and
108	108	complies with the voting system standards adopted by the Election
109	109	Assistance Commission;
110	110	(4) is safe from fraudulent or unauthorized
111	111	manipulation;
112	112	(5) permits voting on all offices and measures to be
113	113	voted on at the election;
114	114	(6) prevents counting votes on offices and measures on
115	115	which the voter is not entitled to vote;
116	116	(7) prevents counting votes by the same voter for more
117	117	than one candidate for the same office or, in elections in which a
118	118	voter is entitled to vote for more than one candidate for the same
119	119	office, prevents counting votes for more than the number of
120	120	candidates for which the voter is entitled to vote;
121	121	(8) prevents counting a vote on the same office or
122	122	measure more than once;
123	123	(9) permits write-in voting; [and]
124	124	(10) is capable of providing records from which the
125	125	operation of the voting system may be audited; and
126	126	(11) is capable of permitting straight-party voting.
127	127	(b) A voting system may not be used in an election in which
128	128	straight-party voting is permitted unless the system permits or
129	129	prevents, as applicable, counting votes in accordance with Sections
130	130	65.007(c) and (d).
131	131	SECTION 10. Subchapter A, Chapter 124, Election Code, as
132	132	effective September 1, 2020, is amended by adding Section 124.001
133	133	to read as follows:
134	134	Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election
135	135	in which voters are entitled to cast straight-party votes, the
136	136	voting system ballot shall be arranged to permit the voters to do
137	137	so.
138	138	SECTION 11. Section 124.003, Election Code, as effective
139	139	September 1, 2020, is amended by adding Subsection (d) to read as
140	140	follows:
141	141	(d) The requirement that the ballot be arranged to permit
142	142	straight-party voting does not apply to candidates listed under the
143	143	uncontested races heading.
144	144	SECTION 12. Section 124.063, Election Code, as effective
145	145	September 1, 2020, is amended by adding Subsection (d) to read as
146	146	follows:
147	147	(d) The electronic system ballot for an election in which
148	148	straight-party voting is allowed must contain the instruction
149	149	prescribed by Section 52.071(b) with the language relating to
150	150	placing an "X" in the party square changed as appropriate to
151	151	accommodate the method by which the voter indicates a vote.
152	152	SECTION 13. Section 129.023(c), Election Code, as effective
153	153	September 1, 2020, is amended to read as follows:
154	154	(c) The general custodian of election records shall adopt
155	155	procedures for testing that:
156	156	(1) direct the testing board to cast votes;
157	157	(2) verify that each contest position, as well as each
158	158	precinct and ballot style, on the ballot can be voted and is
159	159	accurately counted;
160	160	(3) include overvotes and undervotes for each race, if
161	161	applicable to the system being tested;
162	162	(4) include write-in votes, when applicable to the
163	163	election;
164	164	(5) include provisional votes, if applicable to the
165	165	system being tested;
166	166	(6) calculate the expected results from the test
167	167	ballots;
168	168	(7) ensure that each voting machine has any public
169	169	counter reset to zero and presented to the testing board for
170	170	verification before testing;
171	171	(8) require that, for each feature of the system that
172	172	allows disabled voters to cast a ballot, at least one vote be cast
173	173	and verified by a two-person testing board team using that feature;
174	174	[and]
175	175	(9) require that, when all votes are cast, the general
176	176	custodian of election records and the testing board observe the
177	177	tabulation of all ballots and compare the actual results to the
178	178	expected results; and
179	179	(10) include straight-party votes and crossover
180	180	votes.
181	181	SECTION 14. Section 232.050, Election Code, as effective
182	182	September 1, 2020, is amended by adding Subsection (d) to read as
183	183	follows:
184	184	(d) The requirement that a ballot on which a party nominee
185	185	appears must be arranged to permit casting a straight-party vote
186	186	does not apply to the ballot for the new election if fewer than
187	187	three offices are to appear on the ballot.
188	188	SECTION 15. Sections 31.012(b-1) and (d), Election Code, as
189	189	effective September 1, 2020, are repealed.
190	190	SECTION 16. This Act takes effect immediately if it
191	191	receives a vote of two-thirds of all the members elected to each
192	192	house, as provided by Section 39, Article III, Texas Constitution.
193	193	If this Act does not receive the vote necessary for immediate
194	194	effect, this Act takes effect September 1, 2019.