S.B. No. 902
AN ACT
relating to public availability of election records; authorizing a
fee.
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 FOR CERTAIN
ELECTIONS. (a) This section applies only to a primary election or
the general election for state and county officers.
(b) The general custodian of election records for a primary
election or the general election for state and county officers
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.
(c) 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.
(d) The secretary of state shall create a system for an
early voting clerk for a primary election or the general election
for state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (c).
SECTION 3. Section 87.121, Election Code, is amended by
amending Subsections (g) and (h) and adding Subsections (i), (j),
and (k) to read as follows:
(g) Information on the roster for a person who votes an
early voting ballot by personal appearance shall be made available
for public inspection not later than 11 a.m. [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 not later than 11 a.m. on the day following the day the
early voting clerk receives a ballot voted by mail.
(i) The early voting clerk for a primary election or the
general election for state and county officers shall submit to the
secretary of state for posting on the secretary of state's Internet
website the information described by:
(1) Subsection (g) not later than 11 a.m. on the day
after the date the information is entered on the roster under
Subsection (c); and
(2) Subsection (h) not later than 11 a.m. on the day
following the day the early voting clerk receives a ballot voted by
mail.
(j) The secretary of state shall post the information
described by Subsection (i) on the secretary of state's Internet
website in a downloadable format.
(k) The secretary of state shall create a system for an
early voting clerk for a primary election or the general election
for state and county officers to provide the information to the
secretary of state for posting on the secretary of state's Internet
website under Subsection (i).
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 systems
required by Sections 66.0021(d) and 87.121(k), Election Code, as
added by this Act.
SECTION 9. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 902 passed the Senate on
April 17, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 902 passed the House on
May 22, 2019, by the following vote: Yeas 144, Nays 0,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor