87R4832 BRG-F
By: Bucy H.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to the days and hours during which the polls are open for
early voting by personal appearance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.004(d), Election Code, is amended to
read as follows:
(d) The [If early voting by personal appearance is required
to be conducted for extended hours under Section 85.005(c) or for
weekend hours under Section 85.006(e), the] registrar's office
shall remain open for providing voter registration information
during the [extended hours or weekend] hours that the main early
voting polling place is open for voting.
SECTION 2. Sections 85.001(a) and (e), Election Code, are
amended to read as follows:
(a) The period for early voting by personal appearance
begins on the 17th day before election day and continues through the
fourth day before election day, except as otherwise provided by
this subchapter [section].
(e) For an election held on the uniform election date in May
and any resulting runoff election, the period for early voting by
personal appearance begins on the 12th day before election day and
continues through the fourth day before election day, except as
otherwise provided by this subchapter.
SECTION 3. Section 85.006, Election Code, is amended to
read as follows:
Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a)
Except as provided by Subsection (b), the authority ordering an
election may order early voting by personal appearance at the main
early voting polling place to be conducted:
(1) on one or more Saturdays or Sundays during the
early voting period; or
(2) during an early voting period extended from the
fourth day before election day for any number of consecutive days up
to and including the day before election day.
(b) In an election in which a county clerk or city secretary
is the early voting clerk under Section 83.002 or 83.005, only the
early voting clerk may order extended voting [on a Saturday or
Sunday]. The clerk must do so by written order.
(c) Except as otherwise provided by this section, the [The]
authority ordering extended voting [on a Saturday or Sunday] shall
determine the hours during which voting is to be conducted.
(d) The authority authorized to order extended early voting
[on a Saturday or Sunday] under Subsection (a) or (b) shall order
[the] voting on a Saturday or Sunday under the applicable
subsection on receipt of a written request submitted by at least 15
registered voters of the territory covered by the election. The
request must be submitted in time to enable compliance with Section
85.007. The authority is not required to order the voting on a
particular date specified by the request but shall order the voting
on at least one Saturday if a Saturday is requested and on at least
one Sunday if a Sunday is requested.
(e) In a primary election or the general election for state
and county officers in a county with a population of 100,000 or
more, the early voting clerk shall order personal appearance voting
at the main early voting polling place to be conducted for at least
12 hours on the last Saturday and for at least five hours on the last
Sunday of the early voting period. The early voting clerk shall
order voting to be conducted at those times in those elections in a
county with a population under 100,000 on receipt of a written
request for those hours submitted by at least 15 registered voters
of the county. The request must be submitted in time to enable
compliance with Section 85.007. This subsection supersedes any
provision of this subchapter to the extent of any conflict.
(f) An authority authorized to order extended early voting
under Subsection (a) or (b) that orders the voting during an
extended early voting period shall order personal appearance voting
at the main early voting polling place to be conducted for at least
12 hours on any weekday or Saturday and for at least five hours on
any Sunday of the extended early voting period.
SECTION 4. Sections 85.007(a) and (b), Election Code, are
amended to read as follows:
(a) The election order and the election notice must state:
(1) the date that early voting will begin if under
Section 85.001(d) the early voting period is to begin later than the
prescribed date;
(2) the regular dates and hours that voting will be
conducted under Section 85.005(b); and
(3) the dates and hours that extended voting [on
Saturday or Sunday] is ordered to be conducted under Section
85.006(a).
(b) The early voting clerk shall post notice for each
election stating the dates and hours that extended voting [on a
Saturday or Sunday] is ordered to be conducted under Section
85.006(b).
SECTION 5. Section 85.064(d), Election Code, is amended to
read as follows:
(d) The authority authorized under Section 85.006 to order
extended early voting [on a Saturday or Sunday] may also order, in
the manner prescribed by that section, extended early voting to be
conducted [on a Saturday or Sunday] at any one or more of the
temporary branch polling places. In addition, the early voting
clerk of a county covered by Section 85.006(e) shall order such
voting in accordance with that subsection at each temporary branch
polling place established under Section 85.062(d).
SECTION 6. Section 85.068(a), Election Code, is amended to
read as follows:
(a) The early voting clerk shall post notice for each
election stating any dates and the hours that extended voting [on
Saturday or Sunday] will be conducted under Section 85.064(d), if
the early voting clerk is a county clerk or city secretary under
Section 83.002 or 83.005.
SECTION 7. Section 87.0241, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the time the polls close on the fourth day
before election day [end of the period for early voting by personal
appearance].
(b-1) The board may not count early voting ballots voted by
personal appearance after the fourth day before election day until
the end of the extended early voting period.
SECTION 8. This Act takes effect September 1, 2021.