Texas 2019 - 86th Regular

Texas Senate Bill SB74 Compare Versions

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

Old	New	Differences
1	1	86R2009 ADM-D
2	2	By: Hall S.B. No. 74
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voting and election procedures; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 52.075, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
13	13	SYSTEMS. The secretary of state may prescribe the form and content
14	14	of a ballot for an election using a voting system, including an
15	15	electronic voting system [or a voting system that uses direct
16	16	recording electronic voting machines], to conform to the formatting
17	17	requirements of the system.
18	18	SECTION 2. Sections 85.001(a) and (c), Election Code, are
19	19	amended to read as follows:
20	20	(a) The period for early voting by personal appearance
21	21	begins on the 10th [17th] day before election day and continues
22	22	through the fourth day before election day, except as otherwise
23	23	provided by this section.
24	24	(c) If the date prescribed by Subsection (a) [or (b)] for
25	25	beginning the period is a Saturday, Sunday, or legal state holiday,
26	26	the early voting period begins on the next regular business day,
27	27	except as otherwise provided by Section 85.006.
28	28	SECTION 3. Section 85.005(d), Election Code, is amended to
29	29	read as follows:
30	30	(d) In an election ordered by a city, early voting by
31	31	personal appearance at the main early voting polling place shall be
32	32	conducted for at least 12 hours[:
33	33	[(1)] on one weekday[, if the early voting period
34	34	consists of less than six weekdays; or
35	35	[(2) on two weekdays, if the early voting period
36	36	consists of six or more weekdays].
37	37	SECTION 4. Sections 85.006(a), (d), and (e), Election Code,
38	38	are amended to read as follows:
39	39	(a) Except as provided by Subsection (b), the authority
40	40	ordering an election may order early voting by personal appearance
41	41	at the main early voting polling place to be conducted on a Saturday
42	42	or Sunday [one or more Saturdays or Sundays] during the early voting
43	43	period.
44	44	(d) The authority authorized to order early voting on a
45	45	Saturday or Sunday under Subsection (a) or (b) shall order the
46	46	voting under the applicable subsection on receipt of a written
47	47	request submitted by at least 15 registered voters of the territory
48	48	covered by the election. The request must be submitted in time to
49	49	enable compliance with Section 85.007. The authority [is not
50	50	required to order the voting on a particular date specified by the
51	51	request but] shall order the voting on [at least one] Saturday if
52	52	[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
53	53	is requested.
54	54	(e) In a primary election or the general election for state
55	55	and county officers in a county with a population of 100,000 or
56	56	more, the early voting clerk shall order personal appearance voting
57	57	at the main early voting polling place to be conducted for at least
58	58	12 hours on [the last] Saturday and for at least five hours on [the
59	59	last] Sunday during [of] the early voting period. The early voting
60	60	clerk shall order voting to be conducted at those times in those
61	61	elections in a county with a population under 100,000 on receipt of
62	62	a written request for those hours submitted by at least 15
63	63	registered voters of the county. The request must be submitted in
64	64	time to enable compliance with Section 85.007. This subsection
65	65	supersedes any provision of this subchapter to the extent of any
66	66	conflict.
67	67	SECTION 5. Section 85.010(b), Election Code, is amended to
68	68	read as follows:
69	69	(b) A political subdivision that holds an election
70	70	described by Subsection (a) shall designate as an early voting
71	71	polling place for the election any early voting polling place[,
72	72	other than a polling place established under Section 85.062(e),]
73	73	established by the county and located in the political subdivision.
74	74	SECTION 6. Sections 85.062(a) and (b), Election Code, are
75	75	amended to read as follows:
76	76	(a) Except as provided by Subsection (d) [or (e)], one or
77	77	more early voting polling places other than the main early voting
78	78	polling place may be established by:
79	79	(1) the commissioners court, for an election in which
80	80	the county clerk is the early voting clerk; or
81	81	(2) the governing body of the political subdivision
82	82	served by the authority ordering the election, for an election in
83	83	which a person other than the county clerk is the early voting
84	84	clerk.
85	85	(b) A polling place established under this section may be
86	86	located, subject to Subsection (d), at any place in the territory
87	87	served by the early voting clerk and may be located in any
88	88	stationary structure as directed by the authority establishing the
89	89	branch office. The polling place may be located in a movable
90	90	structure, but the structure may not change locations during the
91	91	early voting period [in the general election for state and county
92	92	officers, general primary election, or runoff primary election].
93	93	Ropes or other suitable objects may be used at the polling place to
94	94	ensure compliance with Section 62.004. Persons who are not
95	95	expressly permitted by law to be in a polling place shall be
96	96	excluded from the polling place to the extent practicable.
97	97	SECTION 7. Section 85.063, Election Code, is amended to
98	98	read as follows:
99	99	Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
100	100	TEMPORARY BRANCH. Early voting by personal appearance at each
101	101	permanent or temporary branch polling place shall be conducted on
102	102	the same days and during the same hours as voting is conducted at
103	103	the main early voting polling place.
104	104	SECTION 8. Section 85.068(a), Election Code, is amended to
105	105	read as follows:
106	106	(a) The early voting clerk shall post notice for each
107	107	election stating any dates and the hours that voting on Saturday or
108	108	Sunday will be conducted at a temporary branch polling place [under
109	109	Section 85.064(d) or 85.065(b)], if the early voting clerk is a
110	110	county clerk or city secretary under Section 83.002 or 83.005.
111	111	SECTION 9. Section 122.001, Election Code, is amended by
112	112	adding Subsection (d-1) to read as follows:
113	113	(d-1) Effective September 1, 2029, a voting system may not
114	114	be used in an election if the voting system does not use a paper
115	115	record or produce a paper receipt that can be used to verify the
116	116	tabulation of electronic voting system results.
117	117	SECTION 10. Subchapter A, Chapter 123, Election Code, is
118	118	amended by adding Section 123.010 to read as follows:
119	119	Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
120	120	PROHIBITED. Except as necessary to comply with Section 61.012, an
121	121	authority may not adopt a voting system that uses direct recording
122	122	electronic voting machines.
123	123	SECTION 11. Section 128.001, Election Code, is amended by
124	124	adding Subsection (d) to read as follows:
125	125	(d) The secretary of state shall compile procedures adopted
126	126	under this section for voting and for reconciliation of votes cast
127	127	using computerized voting systems into a list. The list of
128	128	procedures must apply uniformly across the state.
129	129	SECTION 12. Section 216.001, Election Code, is amended to
130	130	read as follows:
131	131	Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
132	132	applies only to:
133	133	(1) an election that results in a tie vote as provided
134	134	by Sections 2.002(i), 2.023(b) and (c), and 2.028; or
135	135	(2) a precinct described by Section 216.006.
136	136	SECTION 13. Chapter 216, Election Code, is amended by
137	137	adding Section 216.006 to read as follows:
138	138	Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This
139	139	section applies to a precinct that has completed a vote count under
140	140	Chapter 65 in which the total number of ballots counted differs by
141	141	at least 0.5 percent from the number of people who signed the
142	142	precinct's signature roster under Section 63.002.
143	143	(b) The presiding judge of a precinct described by
144	144	Subsection (a) shall conduct a recount under this chapter.
145	145	(c) A person commits an offense if the person canvasses a
146	146	precinct's returns prior to the completion of a recount required by
147	147	this section. An offense under this subsection is a Class A
148	148	misdemeanor.
149	149	SECTION 14. (a) The following provisions of the Election
150	150	Code are repealed:
151	151	(1) Section 32.002(c-1);
152	152	(2) Section 43.004(c);
153	153	(3) Section 43.007;
154	154	(4) Section 66.058(g);
155	155	(5) Sections 85.001(b) and (e);
156	156	(6) Section 85.062(e);
157	157	(7) Section 85.064;
158	158	(8) Section 85.065;
159	159	(9) Section 127.201(g);
160	160	(10) Chapter 129; and
161	161	(11) Section 213.016.
162	162	(b) Section 33.05, Penal Code, is repealed.
163	163	SECTION 15. The change in law made by this Act in repealing
164	164	Section 33.05, Penal Code, applies only to an offense committed on
165	165	or after the effective date of this Act. An offense committed
166	166	before the effective date of this Act is governed by the law in
167	167	effect when the offense was committed, and the former law is
168	168	continued in effect for that purpose. For purposes of this section,
169	169	an offense was committed before the effective date of this Act if
170	170	any element of the offense occurred before that date.
171	171	SECTION 16. This Act takes effect September 1, 2019.