86R8576 SRS-D
By: Hughes S.B. No. 902
A BILL TO BE ENTITLED
AN ACT
relating to public availability of election records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.012, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) An election record shall be available not later than the
15th day after election day in an electronic format for a fee of not
more than $50.
SECTION 2. Subchapter A, Chapter 66, Election Code, is
amended by adding Section 66.0021 to read as follows:
Sec. 66.0021. ELECTION DAY VOTE TOTAL. (a) The general
custodian of election records shall maintain a list that states the
total number of votes cast in each precinct by personal appearance
on election day that is available for public inspection not later
than the day after election day.
(b) Each vote total shall be maintained in a downloadable
format approved by the secretary of state and posted on the Internet
website of the secretary of state.
(c) The secretary of state shall create a system for an
authority ordering an election to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (b).
SECTION 3. Section 87.121, Election Code, is amended by
amending Subsections (c), (d), (g), and (h) and adding Subsection
(i) to read as follows:
(c) Each roster shall be updated at the end of each day to
include the information relating to the total number of persons who
voted early by personal appearance on that day and the total number
of ballots voted early by mail received on that day [daily].
(d) Each roster shall [may] be maintained in a downloadable
format [any form] approved by the secretary of state that is capable
of being posted on the Internet website of the secretary of state as
provided by Subsection (i).
(g) Information on the roster for a person who votes an
early voting ballot by personal appearance shall be made available
for public inspection in person and on the Internet website of the
secretary of state not later than the beginning of regular business
hours on the day after the date the information is entered on the
roster under Subsection (c).
(h) Information on the roster for a person who votes an
early voting ballot by mail shall be made available for public
inspection in person and on the Internet website of the secretary of
state not later than the day following the day the early voting
clerk receives a ballot voted by mail.
(i) The secretary of state shall create a system for an
authority ordering an election to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsections (g) and (h).
SECTION 4. Sections 232.008(b) and (c), Election Code, are
amended to read as follows:
(b) Except as provided by Subsection (c), a contestant must
file the petition not later than the later of the 30th day after the
date the election records are publicly available under Section
1.012 or the official result of the contested election is
determined.
(c) A contestant must file the petition not later than the
later of the 10th day after the date the election records are
publicly available under Section 1.012 or the official result is
determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
SECTION 5. Section 233.006(b), Election Code, is amended to
read as follows:
(b) Except as provided by Section 233.014, the contestant
must file the petition not later than the later of the 30th day
after the date the election records are publicly available under
Section 1.012 or the official result of the contested election is
determined.
SECTION 6. Section 241.003(b), Election Code, is amended to
read as follows:
(b) The contestant must file the petition with the secretary
of state not later than the later of the seventh day after the date
the election records are publicly available under Section 1.012 or
the official result of the contested election is determined. The
contestant must deliver a copy of the petition to the contestee by
the same deadline.
SECTION 7. Section 243.003(b), Election Code, is amended to
read as follows:
(b) The contestant must file the petition with the secretary
of state not later than the later of the 10th day after the date the
election records are publicly available under Section 1.012 or the
official result of the contested election is determined.
SECTION 8. As soon as practicable after the effective date
of this Act, the secretary of state shall create the system required
by Sections 66.0021(c) and 87.121(i), Election Code, as added by
this Act.
SECTION 9. This Act takes effect September 1, 2019.