Texas 2019 - 86th Regular

Texas Senate Bill SB902 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 902
	1	+	By: Hughes, et al. S.B. No. 902
	2	+	(Krause)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to public availability of election records; authorizing a
6	8		fee.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1.012, Election Code, is amended by
9	11		adding Subsection (e) to read as follows:
10	12		(e) An election record shall be available not later than the
11	13		15th day after election day in an electronic format for a fee of not
12	14		more than $50.
13	15		SECTION 2. Subchapter A, Chapter 66, Election Code, is
14	16		amended by adding Section 66.0021 to read as follows:
15	17		Sec. 66.0021. ELECTION DAY VOTE TOTAL FOR CERTAIN
16	18		ELECTIONS. (a) This section applies only to a primary election or
17	19		the general election for state and county officers.
18	20		(b) The general custodian of election records for a primary
19	21		election or the general election for state and county officers
20	22		shall maintain a list that states the total number of votes cast in
21	23		each precinct by personal appearance on election day that is
22	24		available for public inspection not later than the day after
23	25		election day.
24	26		(c) Each vote total shall be maintained in a downloadable
25	27		format approved by the secretary of state and posted on the Internet
26	28		website of the secretary of state.
27	29		(d) The secretary of state shall create a system for an
28	30		early voting clerk for a primary election or the general election
29	31		for state and county officers to provide the information to the
30	32		secretary of state for posting on the secretary of state's Internet
31	33		website under Subsection (c).
32	34		SECTION 3. Section 87.121, Election Code, is amended by
33	35		amending Subsections (g) and (h) and adding Subsections (i), (j),
34	36		and (k) to read as follows:
35	37		(g) Information on the roster for a person who votes an
36	38		early voting ballot by personal appearance shall be made available
37	39		for public inspection not later than 11 a.m. [the beginning of
38	40		regular business hours] on the day after the date the information is
39	41		entered on the roster under Subsection (c).
40	42		(h) Information on the roster for a person who votes an
41	43		early voting ballot by mail shall be made available for public
42	44		inspection not later than 11 a.m. on the day following the day the
43	45		early voting clerk receives a ballot voted by mail.
44	46		(i) The early voting clerk for a primary election or the
45	47		general election for state and county officers shall submit to the
46	48		secretary of state for posting on the secretary of state's Internet
47	49		website the information described by:
48	50		(1) Subsection (g) not later than 11 a.m. on the day
49	51		after the date the information is entered on the roster under
50	52		Subsection (c); and
51	53		(2) Subsection (h) not later than 11 a.m. on the day
52	54		following the day the early voting clerk receives a ballot voted by
53	55		mail.
54	56		(j) The secretary of state shall post the information
55	57		described by Subsection (i) on the secretary of state's Internet
56	58		website in a downloadable format.
57	59		(k) The secretary of state shall create a system for an
58	60		early voting clerk for a primary election or the general election
59	61		for state and county officers to provide the information to the
60	62		secretary of state for posting on the secretary of state's Internet
61	63		website under Subsection (i).
62	64		SECTION 4. Sections 232.008(b) and (c), Election Code, are
63	65		amended to read as follows:
64	66		(b) Except as provided by Subsection (c), a contestant must
65	67		file the petition not later than the later of the 30th day after the
66	68		date the election records are publicly available under Section
67	69		1.012 or the official result of the contested election is
68	70		determined.
69	71		(c) A contestant must file the petition not later than the
70	72		later of the 10th day after the date the election records are
71	73		publicly available under Section 1.012 or the official result is
72	74		determined in a contest of:
73	75		(1) a primary or runoff primary election; or
74	76		(2) a general or special election for which a runoff is
75	77		necessary according to the official result or will be necessary if
76	78		the contestant prevails.
77	79		SECTION 5. Section 233.006(b), Election Code, is amended to
78	80		read as follows:
79	81		(b) Except as provided by Section 233.014, the contestant
80	82		must file the petition not later than the later of the 30th day
81	83		after the date the election records are publicly available under
82	84		Section 1.012 or the official result of the contested election is
83	85		determined.
84	86		SECTION 6. Section 241.003(b), Election Code, is amended to
85	87		read as follows:
86	88		(b) The contestant must file the petition with the secretary
87	89		of state not later than the later of the seventh day after the date
88	90		the election records are publicly available under Section 1.012 or
89	91		the official result of the contested election is determined. The
90	92		contestant must deliver a copy of the petition to the contestee by
91	93		the same deadline.
92	94		SECTION 7. Section 243.003(b), Election Code, is amended to
93	95		read as follows:
94	96		(b) The contestant must file the petition with the secretary
95	97		of state not later than the later of the 10th day after the date the
96	98		election records are publicly available under Section 1.012 or the
97	99		official result of the contested election is determined.
98	100		SECTION 8. As soon as practicable after the effective date
99	101		of this Act, the secretary of state shall create the systems
100	102		required by Sections 66.0021(d) and 87.121(k), Election Code, as
101	103		added by this Act.
102	104		SECTION 9. This Act takes effect September 1, 2019.
103		-	______________________________ ______________________________
104		-	President of the Senate Speaker of the House
105		-	I hereby certify that S.B. No. 902 passed the Senate on
106		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
107		-	______________________________
108		-	Secretary of the Senate
109		-	I hereby certify that S.B. No. 902 passed the House on
110		-	May 22, 2019, by the following vote: Yeas 144, Nays 0,
111		-	two present not voting.
112		-	______________________________
113		-	Chief Clerk of the House
114		-	Approved:
115		-	______________________________
116		-	Date
117		-	______________________________
118		-	Governor