By: Hall S.B. No. 2232
A BILL TO BE ENTITLED
AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0015 to read as follows:
Sec. 41.0015. ELECTION PERIOD. In this title, "election
period" means the period beginning on the first day of voting by
personal appearance and ending when the polls close on election
day.
SECTION 2. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.008 to read as follows:
Sec. 43.008. POLLING PLACES DURING ELECTION PERIOD. (a)
The county clerk or commissioners court, as applicable, shall
determine the number of polling places needed during an election
period and cause that number of polling places to be open during the
election period.
(b) If the county clerk or commissioners court, as
applicable, determines that more polling places are needed during
the election period than the number initially established under
Subsection (a), the county clerk or commissioners court may open
more polling places, but may not, for any reason, close a polling
place before the end of the election period.
(c) In a county with a population of one million or more, the
number of polling places located in each state representative
district included in the territory of the county is calculated by
dividing the number of eligible voters residing in that district by
the total number of eligible voters residing in the county and using
the number generated as a percentage to allocate the same
percentage of polling place locations, rounding up to the nearest
whole number, if necessary
SECTION 3. Section 61.002, Election Code, is amended to
read as follows:
Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
(a) Immediately before opening the polls for voting on the first
day of the election period, the presiding election judge shall
confirm that each voting machine has any public counter reset to
zero and shall print the tape that shows the counter was set to
zero.
(b) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
(c) Immediately after closing the polls for voting on the
last day of the election period, the presiding election judge shall
print the tape to show the summary for each candidate or ballot
measure for each voting machine.
(d) Each precinct election judge and an official election
worker form the opposite party shall sign a tape printed under this
section.
SECTION 4. 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] 14th day before election day and continues
through the [fourth] day before election day, except as otherwise
provided by this 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] 10th day before election
day and continues through the [fourth day before] election day.
SECTION 5. Chapter 121, Election Code, is amended by adding
Section 121.004 to read as follows:
Sec. 125.0635. SECURING EQUIPMENT ON FAILURE OF EQUIPMENT.
(a) In this section, "election period" has the meaning assigned by
Section 41.0015.
(b) If during the election period a piece of electronic
voting machine equipment fails and is taken out of service, the
equipment and any associated memory card must be securely isolated
until the end of the election period.
SECTION 6. Chapter 276 of the Election Code, is amended to
is amended by adding Section 276.013 to read as follows:
Sec. 276.013 Feasibility Study for Single Voting Period.
(a) Not later than September 1, 2022, the Secretary of State
shall:
(1) Conduct a study regarding the development of a
plan on implementation of eliminating the four-day gap between
early voting and election day in order to establish a single voting
period for Texas elections.
(2) Prepare a report on the study's findings and file
the report with the legislature not later than September 1, 2022.
(b) The study must include:
(1) information on how other states conduct the voting
period and their use of paper ballots to facilitate the combined
period;
(2) information on the feasibility and costs of
adopting voter marked paper ballots compared to ballots printed by
a ballot marking device;
(3) recommendations for statutory changes that are
necessary to create a single voting period.
Section 7. This Act takes effect September 1, 2023.