Texas 2021 - 87th Regular

Texas House Bill HB1175 Compare Versions

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

Old	New	Differences
1	1	87R1868 MLH-D
2	2	By: Crockett H.B. No. 1175
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing straight-party voting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.005, Election Code, is amended by
10	10	adding Subdivision (20) to read as follows:
11	11	(20) "Straight-party vote" means a vote by a single
12	12	mark, punch, or other action by the voter for all the nominees of
13	13	one political party and for no other candidates.
14	14	SECTION 2. Section 31.012(a), Election Code, is amended to
15	15	read as follows:
16	16	(a) The secretary of state and the voter registrar of each
17	17	county that maintains a website shall provide notice of the
18	18	identification requirements for voting prescribed by Chapter 63
19	19	[and that straight ticket voting has been eliminated pursuant to
20	20	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017] on
21	21	each entity's respective website in each language in which voter
22	22	registration [and election] materials are available. The secretary
23	23	of state shall prescribe the wording of the notice to be included on
24	24	the websites.
25	25	SECTION 3. Subchapter C, Chapter 52, Election Code, is
26	26	amended by adding Section 52.071 to read as follows:
27	27	Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
28	28	STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
29	29	appears, a square larger than the square prescribed by Section
30	30	52.070(a) shall be printed to the left of each political party's
31	31	name.
32	32	(b) The following instruction shall be added to the
33	33	instruction required by Section 52.070(b): "You may cast a
34	34	straight-party vote (that is, cast a vote for all the nominees of
35	35	one party) by placing an 'X' in the square beside the name of the
36	36	party of your choice. If you cast a straight-party vote for all the
37	37	nominees of one party and also cast a vote for an opponent of one of
38	38	that party's nominees, your vote for the opponent will be counted as
39	39	well as your vote for all the other nominees of the party for which
40	40	the straight-party vote was cast."
41	41	SECTION 4. Section 62.011(c), Election Code, is amended to
42	42	read as follows:
43	43	(c) The poster must include instructions applicable to the
44	44	election on:
45	45	(1) marking and depositing the ballot;
46	46	(2) voting for a write-in candidate;
47	47	(3) casting a provisional ballot; [and]
48	48	(4) securing an additional ballot if the voter's
49	49	original ballot is spoiled; and
50	50	(5) casting a straight-party vote.
51	51	SECTION 5. Subchapter A, Chapter 64, Election Code, is
52	52	amended by adding Section 64.004 to read as follows:
53	53	Sec. 64.004. MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an
54	54	election in which a single square is provided on the ballot for
55	55	casting a straight-party vote, a straight-party vote must be
56	56	indicated by placing an "X" or other mark that clearly shows the
57	57	voter's intent in the square beside the name of the appropriate
58	58	political party.
59	59	SECTION 6. Subchapter A, Chapter 65, Election Code, is
60	60	amended by adding Section 65.007 to read as follows:
61	61	Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an
62	62	election in which a single square is provided on the ballot for
63	63	casting a straight-party vote, the tally lists shall contain spaces
64	64	for tallying those votes.
65	65	(b) Except as provided by Subsection (c) or (d), each
66	66	straight-party vote shall be tallied for the party receiving the
67	67	vote instead of being tallied for the individual candidates of the
68	68	party. The total number of straight-party votes tallied for each
69	69	party shall be added to the total votes received for each of the
70	70	party nominees individually.
71	71	(c) If a ballot indicates a straight-party vote and a vote
72	72	for an opponent of one or more of that party's nominees, a vote
73	73	shall be counted for the opponent and for each of the party's other
74	74	nominees whether or not any of those nominees have received
75	75	individual votes.
76	76	(d) If a ballot indicates straight-party votes for more than
77	77	one party, those votes may not be tallied and a vote shall be
78	78	counted for each candidate receiving an individual vote if no other
79	79	individual votes are received in that race. If no candidate
80	80	receives an individual vote, the portion of the ballot for offices
81	81	may not be counted.
82	82	SECTION 7. Section 65.011, Election Code, is amended to
83	83	read as follows:
84	84	Sec. 65.011. OVERVOTING. Except as provided by Section
85	85	65.007(c) or (d), if [If] a voter marks the ballot for more
86	86	candidates for an office than the number of persons to be elected
87	87	for that office, none of the votes may be counted for that office.
88	88	SECTION 8. Section 105.002(c), Election Code, is amended to
89	89	read as follows:
90	90	(c) The secretary of state shall prescribe the form of the
91	91	ballot to allow a voter to cast a vote in each federal, state, or
92	92	local race in the election. The ballot must allow a voter to write
93	93	in the name of a candidate or, if applicable, cast a straight-party
94	94	vote.
95	95	SECTION 9. Section 122.001, Election Code, is amended by
96	96	amending Subsection (a) and adding Subsection (b) to read as
97	97	follows:
98	98	(a) A voting system may not be used in an election unless the
99	99	system:
100	100	(1) preserves the secrecy of the ballot;
101	101	(2) is suitable for the purpose for which it is
102	102	intended;
103	103	(3) operates safely, efficiently, and accurately and
104	104	complies with the voting system standards adopted by the Election
105	105	Assistance Commission;
106	106	(4) is safe from fraudulent or unauthorized
107	107	manipulation;
108	108	(5) permits voting on all offices and measures to be
109	109	voted on at the election;
110	110	(6) prevents counting votes on offices and measures on
111	111	which the voter is not entitled to vote;
112	112	(7) prevents counting votes by the same voter for more
113	113	than one candidate for the same office or, in elections in which a
114	114	voter is entitled to vote for more than one candidate for the same
115	115	office, prevents counting votes for more than the number of
116	116	candidates for which the voter is entitled to vote;
117	117	(8) prevents counting a vote on the same office or
118	118	measure more than once;
119	119	(9) permits write-in voting; [and]
120	120	(10) is capable of providing records from which the
121	121	operation of the voting system may be audited; and
122	122	(11) is capable of permitting straight-party voting.
123	123	(b) A voting system may not be used in an election in which
124	124	straight-party voting is permitted unless the system permits or
125	125	prevents, as applicable, counting votes in accordance with Sections
126	126	65.007(c) and (d).
127	127	SECTION 10. Subchapter A, Chapter 124, Election Code, is
128	128	amended by adding Section 124.001 to read as follows:
129	129	Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election in
130	130	which voters are entitled to cast straight-party votes, the voting
131	131	system ballot shall be arranged to permit the voters to do so.
132	132	SECTION 11. Section 124.003, Election Code, is amended by
133	133	adding Subsection (d) to read as follows:
134	134	(d) The requirement that the ballot be arranged to permit
135	135	straight-party voting does not apply to candidates listed under the
136	136	uncontested races heading.
137	137	SECTION 12. Section 124.063, Election Code, is amended by
138	138	adding Subsection (d) to read as follows:
139	139	(d) The electronic system ballot for an election in which
140	140	straight-party voting is allowed must contain the instruction
141	141	prescribed by Section 52.071(b) with the language relating to
142	142	placing an "X" in the party square changed as appropriate to
143	143	accommodate the method by which the voter indicates a vote.
144	144	SECTION 13. Section 129.023(c), Election Code, is amended
145	145	to read as follows:
146	146	(c) The general custodian of election records shall adopt
147	147	procedures for testing that:
148	148	(1) direct the testing board to cast votes;
149	149	(2) verify that each contest position, as well as each
150	150	precinct and ballot style, on the ballot can be voted and is
151	151	accurately counted;
152	152	(3) include overvotes and undervotes for each race, if
153	153	applicable to the system being tested;
154	154	(4) include write-in votes, when applicable to the
155	155	election;
156	156	(5) include provisional votes, if applicable to the
157	157	system being tested;
158	158	(6) calculate the expected results from the test
159	159	ballots;
160	160	(7) ensure that each voting machine has any public
161	161	counter reset to zero and presented to the testing board for
162	162	verification before testing;
163	163	(8) require that, for each feature of the system that
164	164	allows disabled voters to cast a ballot, at least one vote be cast
165	165	and verified by a two-person testing board team using that feature;
166	166	[and]
167	167	(9) require that, when all votes are cast, the general
168	168	custodian of election records and the testing board observe the
169	169	tabulation of all ballots and compare the actual results to the
170	170	expected results; and
171	171	(10) include straight-party votes and crossover
172	172	votes.
173	173	SECTION 14. Section 232.050, Election Code, is amended by
174	174	adding Subsection (d) to read as follows:
175	175	(d) The requirement that a ballot on which a party nominee
176	176	appears must be arranged to permit casting a straight-party vote
177	177	does not apply to the ballot for the new election if fewer than
178	178	three offices are to appear on the ballot.
179	179	SECTION 15. Sections 31.012(b-1) and (d), Election Code,
180	180	are repealed.
181	181	SECTION 16. This Act takes effect immediately if it
182	182	receives a vote of two-thirds of all the members elected to each
183	183	house, as provided by Section 39, Article III, Texas Constitution.
184	184	If this Act does not receive the vote necessary for immediate
185	185	effect, this Act takes effect September 1, 2021.