By: Paxton, et al. S.B. No. 1572
(Schofield)
A BILL TO BE ENTITLED
AN ACT
relating to the numbering and signing of ballots by early voting
clerks and deputy early voting clerks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.0311, Election Code, is amended to
read as follows:
Sec. 85.0311. DEPUTY EARLY VOTING CLERK TO SIGN BALLOTS.
(a) The deputy early voting clerk's signature or initials shall be
placed on the back of each ballot to be used at the polling place
where the deputy early voting clerk accepts voters voting by
personal appearance.
(b) The deputy early voting clerk at a polling place shall
enter the signature or initials of the deputy early voting clerk on
each ballot [or a deputy early voting clerk shall stamp a facsimile
of the initials on each ballot].
(c) The signing of ballots under this section need not be
completed before the polls open, but an unsigned ballot may not be
made available for selection by a voter.
(d) The duties of a deputy early voting clerk and the
placement of a signature or initials required by this section may
not be satisfied using automation of any type.
(e) The secretary of state may not adopt a rule modifying or
waiving the requirements of this section.
SECTION 2. Subchapter A, Chapter 213, Election Code, is
amended by adding Section 213.017 to read as follows:
Sec. 213.017. RECOUNT OF CERTAIN BALLOTS. During a
recount, ballots that do not comply with the requirements of
Section 85.0311 shall be counted separately.
SECTION 3. This Act takes effect September 1, 2021.