86R2767 JRJ-D
By: Zaffirini S.B. No. 1638
A BILL TO BE ENTITLED
AN ACT
relating to early voting procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 67.007(b), Election Code, is amended to
read as follows:
(b) The county election returns shall state, for each
candidate and for and against each measure:
(1)[,] the total number of votes received in the county
as stated by the local canvassing authority's tabulation of votes;
(2) the total number of early voting votes cast by
personal appearance received in the county; and
(3) the total number of early voting votes cast by mail
received in the county.
SECTION 2. Section 67.017(a), Election Code, is amended to
read as follows:
(a) After each election for a statewide office or the office
of United States representative, state senator, or state
representative, the county clerk shall prepare a report of the
total number of votes, the total number of early voting votes cast
by personal appearance, and the total number of early voting votes
cast by mail [including early voting votes,] received in each
county election precinct for each candidate for each of those
offices. In a presidential election year, the report must include
the total number of votes, the total number of early voting votes
cast by personal appearance, and the total number of early voting
votes cast by mail received in each precinct for each set of
candidates for president and vice-president of the United States.
For any other election, the presiding officer of the canvassing
authority shall prepare a report of the precinct results as
contained in the election register.
SECTION 3. Section 68.004(b), Election Code, is amended to
read as follows:
(b) The periodic reports may include:
(1) vote totals for all contested races being
tabulated;
(2) vote totals by county for federal offices and
statewide offices of the state government;
(3) vote totals for federal offices and statewide
offices of the state government in each of the six most populous
counties, the total for the next 19 most populous counties, and the
total for the remaining 229 counties; [and]
(4) the total number of early voting votes cast by
personal appearance and the total number of early voting votes cast
by mail for all contested races being tabulated; and
(5) any other information the secretary of state
determines to be relevant.
SECTION 4. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any two or
more signatures of the voter made within the preceding six years and
on file with the county clerk or voter registrar to determine
whether the signatures are those of the voter or with the signatures
on other carrier envelope certificates received for the same
election to determine whether the same voter cast more than one
ballot by mail. Except as provided by Subsection (l), a
determination under this subsection that the signatures are not
those of the voter must be made by a majority vote of the
committee's membership. The committee shall place the jacket
envelopes, carrier envelopes, and applications of voters whose
signatures are not those of the voter in separate containers from
those of voters whose signatures are those of the voter. The
committee chair shall deliver the sorted materials to the early
voting ballot board at the time specified by the board's presiding
judge.
SECTION 5. Section 87.042(b), Election Code, is amended to
read as follows:
(b) The [Except as provided by Subsection (c), the] board
shall place the ballot envelope containing an accepted ballot in a
separate ballot box from the ballot box containing the early voting
ballots voted by personal appearance.
SECTION 6. Section 87.103, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
(c) The early voting votes cast by personal appearance shall
be tabulated separately from the early voting votes cast by mail and
shall be separately reported on the returns.
SECTION 7. Section 87.1231, Election Code, is amended to
read as follows:
Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. Not
later than the time of the local canvass, the early voting clerk
shall deliver to the local canvassing authority a report of the
total number of early voting votes for each candidate or measure by
election precinct. The report shall [may] reflect the total for
votes by mail and the total for votes by personal appearance.
SECTION 8. Section 87.124, Election Code, is amended to
read as follows:
Sec. 87.124. PRESERVATION OF EARLY VOTING ELECTION RECORDS
GENERALLY. The early voting election returns, voted early voting
ballots, and other early voting election records shall be preserved
after the election in the same manner as the corresponding precinct
election records except that early voting ballots voted by mail
shall be preserved in a separate container from early voting
ballots cast by personal appearance.
SECTION 9. Section 172.124(a), Election Code, is amended to
read as follows:
(a) For each primary election, the county clerk shall
prepare a report of the number of votes [, including early voting
votes,] received in each county election precinct by each candidate
for a statewide office or the office of United States
representative, state senator, or state representative, in the same
manner [as] provided by Section 67.017 for the report of precinct
results for a general election.
SECTION 10. Section 87.042(c), Election Code, is repealed.
SECTION 11. This Act takes effect September 1, 2019.