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 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 3. Section 87.027, Election Code, is amended by
adding Subsection (i-1) to read as follows:
(i-1) The signature verification committee may compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, 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. A
determination under this subsection that the same voter cast more
than one ballot by mail must be made by a majority vote of the
committee's membership. The committee must report a determination
under this subsection that the same voter cast more than one ballot
by mail in the same election to the attorney general and the
attorney general shall investigate the allegations. The secretary
of state may adopt rules relating to the information included in a
report to the attorney general under this subsection.
SECTION 4. 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 5. 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 6. 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 7. Section 87.042(c), Election Code, is repealed.
SECTION 8. This Act takes effect September 1, 2019.