87R1362 BRG-F
By: González of Dallas H.B. No. 1806
A BILL TO BE ENTITLED
AN ACT
relating to the composition and duties of early voting boards and
signature verification committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.002, Election Code, is amended to
read as follows:
Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
ballot board consists of a presiding judge, an alternate presiding
judge, and at least two other members.
(b) Except as provided by Subsection (d), the presiding
judge and the alternate presiding judge are [is] appointed in the
same manner as a presiding election judge. Except as provided by
Subsection (c), the other members are appointed by the presiding
judge in the same manner as the precinct election clerks.
(c) In the general election for state and county officers,
each county chair of a political party with nominees on the general
election ballot shall submit to the county election board a list of
names of persons eligible to serve on the early voting ballot board.
The county election board shall appoint at least one person from
each list to serve as a member of the early voting ballot board. The
same number of members must be appointed from each list. If a
political party does not submit a list, the county election board
may make appointments to the board as necessary from any political
party.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint the presiding judge
from the list provided under that subsection by the political party
whose nominee for governor received the most votes in the county in
the most recent gubernatorial general election and the alternate
presiding judge from the list provided under that subsection by the
political party whose nominee for governor received the second most
votes in the county in the most recent gubernatorial general
election.
(e) The alternate presiding judge shall serve as presiding
judge for an election if the regularly appointed presiding judge
cannot serve.
SECTION 2. Sections 87.027(d), (i), and (j), Election Code,
are amended to read as follows:
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on
the ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee. The authority shall appoint at
least two persons from each list to serve as members of the
committee. The same number of members must be appointed from each
list. The authority shall appoint the chair of the committee from
the list provided by the political party whose nominee for governor
received the most votes in the county in the most recent
gubernatorial general election. The authority shall appoint a vice
chair of the committee from the list provided by a political party
whose nominee for governor received the second most votes in the
county in the most recent gubernatorial general election. The vice
chair of the committee shall serve as the chair of the committee if
the regularly appointed chair cannot serve. If a political party
does not submit a list, the authority may make appointments as
needed from any political party. A vacancy on the committee shall
be filled by appointment from the original list or from a new list
submitted by the appropriate county chair.
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. While the committee is reviewing signatures, an equal
number of committee members from each political party that
submitted a list of names under Subsection (d) shall be present to
the extent practicable. The committee may also compare the
signatures with any two or more signatures of the voter made within
the preceding six years and on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. If a tie
vote of the committee's membership occurs, the signatures are
considered to be those of the voter. The committee shall place the
jacket envelopes, carrier envelopes, and applications of voters
whose signatures are not those of the voter in separate containers
from those of voters whose signatures are those of the voter. The
committee chair shall deliver the sorted materials to the early
voting ballot board at the time specified by the board's presiding
judge.
(j) If a signature verification committee is appointed, the
early voting ballot board shall follow the same procedure for
accepting the early voting ballots voted by mail as in an election
without a signature verification committee, except that the board
may not determine whether a voter's signatures on the carrier
envelope certificate and ballot application are those of the same
person if the committee has determined that the signatures are
those of the same person. If the committee has determined that the
signatures are not those of the same person, the board may make a
determination that the signatures are those of the same person by a
[majority] vote of at least one-half of the board's membership. If
a tie vote of the board's membership occurs, the signatures are
considered to be those of the same person.
SECTION 3. This Act takes effect September 1, 2021.