Texas 2021 - 87th 1st C.S.

Texas House Bill HB193 Compare Versions

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

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1	1	By: Crockett H.B. No. 193
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to allowing straight-party voting.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1.005, Election Code, is amended by
9	9	adding Subdivision (20) to read as follows:
10	10	(20) "Straight-party vote" means a vote by a single
11	11	mark, punch, or other action by the voter for all the nominees of
12	12	one political party and for no other candidates.
13	13	SECTION 2. Section 31.012(a), Election Code, is amended to
14	14	read as follows:
15	15	(a) The secretary of state and the voter registrar of each
16	16	county that maintains a website shall provide notice of the
17	17	identification requirements for voting prescribed by Chapter 63
18	18	[and that straight ticket voting has been eliminated pursuant to
19	19	H.B. 25, Acts of the 85th Legislature, Regular Session, 2017] on
20	20	each entity's respective website in each language in which voter
21	21	registration [and election] materials are available. The secretary
22	22	of state shall prescribe the wording of the notice to be included on
23	23	the websites.
24	24	SECTION 3. Subchapter C, Chapter 52, Election Code, is
25	25	amended by adding Section 52.071 to read as follows:
26	26	Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
27	27	STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
28	28	appears, a square larger than the square prescribed by Section
29	29	52.070(a) shall be printed to the left of each political party's
30	30	name.
31	31	(b) The following instruction shall be added to the
32	32	instruction required by Section 52.070(b): "You may cast a
33	33	straight-party vote (that is, cast a vote for all the nominees of
34	34	one party) by placing an 'X' in the square beside the name of the
35	35	party of your choice. If you cast a straight-party vote for all the
36	36	nominees of one party and also cast a vote for an opponent of one of
37	37	that party's nominees, your vote for the opponent will be counted as
38	38	well as your vote for all the other nominees of the party for which
39	39	the straight-party vote was cast."
40	40	SECTION 4. Section 62.011(c), Election Code, is amended to
41	41	read as follows:
42	42	(c) The poster must include instructions applicable to the
43	43	election on:
44	44	(1) marking and depositing the ballot;
45	45	(2) voting for a write-in candidate;
46	46	(3) casting a provisional ballot; [and]
47	47	(4) securing an additional ballot if the voter's
48	48	original ballot is spoiled; and
49	49	(5) casting a straight-party vote.
50	50	SECTION 5. Subchapter A, Chapter 64, Election Code, is
51	51	amended by adding Section 64.004 to read as follows:
52	52	Sec. 64.004. MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an
53	53	election in which a single square is provided on the ballot for
54	54	casting a straight-party vote, a straight-party vote must be
55	55	indicated by placing an "X" or other mark that clearly shows the
56	56	voter's intent in the square beside the name of the appropriate
57	57	political party.
58	58	SECTION 6. Subchapter A, Chapter 65, Election Code, is
59	59	amended by adding Section 65.007 to read as follows:
60	60	Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an
61	61	election in which a single square is provided on the ballot for
62	62	casting a straight-party vote, the tally lists shall contain spaces
63	63	for tallying those votes.
64	64	(b) Except as provided by Subsection (c) or (d), each
65	65	straight-party vote shall be tallied for the party receiving the
66	66	vote instead of being tallied for the individual candidates of the
67	67	party. The total number of straight-party votes tallied for each
68	68	party shall be added to the total votes received for each of the
69	69	party nominees individually.
70	70	(c) If a ballot indicates a straight-party vote and a vote
71	71	for an opponent of one or more of that party's nominees, a vote
72	72	shall be counted for the opponent and for each of the party's other
73	73	nominees whether or not any of those nominees have received
74	74	individual votes.
75	75	(d) If a ballot indicates straight-party votes for more than
76	76	one party, those votes may not be tallied and a vote shall be
77	77	counted for each candidate receiving an individual vote if no other
78	78	individual votes are received in that race. If no candidate
79	79	receives an individual vote, the portion of the ballot for offices
80	80	may not be counted.
81	81	SECTION 7. Section 65.011, Election Code, is amended to
82	82	read as follows:
83	83	Sec. 65.011. OVERVOTING. Except as provided by Section
84	84	65.007(c) or (d), if [If] a voter marks the ballot for more
85	85	candidates for an office than the number of persons to be elected
86	86	for that office, none of the votes may be counted for that office.
87	87	SECTION 8. Section 105.002(c), Election Code, is amended to
88	88	read as follows:
89	89	(c) The secretary of state shall prescribe the form of the
90	90	ballot to allow a voter to cast a vote in each federal, state, or
91	91	local race in the election. The ballot must allow a voter to write
92	92	in the name of a candidate or, if applicable, cast a straight-party
93	93	vote.
94	94	SECTION 9. Section 122.001, Election Code, is amended by
95	95	amending Subsection (a) and adding Subsection (b) to read as
96	96	follows:
97	97	(a) A voting system may not be used in an election unless the
98	98	system:
99	99	(1) preserves the secrecy of the ballot;
100	100	(2) is suitable for the purpose for which it is
101	101	intended;
102	102	(3) operates safely, efficiently, and accurately and
103	103	complies with the voting system standards adopted by the Election
104	104	Assistance Commission;
105	105	(4) is safe from fraudulent or unauthorized
106	106	manipulation;
107	107	(5) permits voting on all offices and measures to be
108	108	voted on at the election;
109	109	(6) prevents counting votes on offices and measures on
110	110	which the voter is not entitled to vote;
111	111	(7) prevents counting votes by the same voter for more
112	112	than one candidate for the same office or, in elections in which a
113	113	voter is entitled to vote for more than one candidate for the same
114	114	office, prevents counting votes for more than the number of
115	115	candidates for which the voter is entitled to vote;
116	116	(8) prevents counting a vote on the same office or
117	117	measure more than once;
118	118	(9) permits write-in voting; [and]
119	119	(10) is capable of providing records from which the
120	120	operation of the voting system may be audited; and
121	121	(11) is capable of permitting straight-party voting.
122	122	(b) A voting system may not be used in an election in which
123	123	straight-party voting is permitted unless the system permits or
124	124	prevents, as applicable, counting votes in accordance with Sections
125	125	65.007(c) and (d).
126	126	SECTION 10. Subchapter A, Chapter 124, Election Code, is
127	127	amended by adding Section 124.001 to read as follows:
128	128	Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election in
129	129	which voters are entitled to cast straight-party votes, the voting
130	130	system ballot shall be arranged to permit the voters to do so.
131	131	SECTION 11. Section 124.003, Election Code, is amended by
132	132	adding Subsection (d) to read as follows:
133	133	(d) The requirement that the ballot be arranged to permit
134	134	straight-party voting does not apply to candidates listed under the
135	135	uncontested races heading.
136	136	SECTION 12. Section 124.063, Election Code, is amended by
137	137	adding Subsection (d) to read as follows:
138	138	(d) The electronic system ballot for an election in which
139	139	straight-party voting is allowed must contain the instruction
140	140	prescribed by Section 52.071(b) with the language relating to
141	141	placing an "X" in the party square changed as appropriate to
142	142	accommodate the method by which the voter indicates a vote.
143	143	SECTION 13. Section 129.023(c), Election Code, is amended
144	144	to read as follows:
145	145	(c) The general custodian of election records shall adopt
146	146	procedures for testing that:
147	147	(1) direct the testing board to cast votes;
148	148	(2) verify that each contest position, as well as each
149	149	precinct and ballot style, on the ballot can be voted and is
150	150	accurately counted;
151	151	(3) include overvotes and undervotes for each race, if
152	152	applicable to the system being tested;
153	153	(4) include write-in votes, when applicable to the
154	154	election;
155	155	(5) include provisional votes, if applicable to the
156	156	system being tested;
157	157	(6) calculate the expected results from the test
158	158	ballots;
159	159	(7) ensure that each voting machine has any public
160	160	counter reset to zero and presented to the testing board for
161	161	verification before testing;
162	162	(8) require that, for each feature of the system that
163	163	allows disabled voters to cast a ballot, at least one vote be cast
164	164	and verified by a two-person testing board team using that feature;
165	165	[and]
166	166	(9) require that, when all votes are cast, the general
167	167	custodian of election records and the testing board observe the
168	168	tabulation of all ballots and compare the actual results to the
169	169	expected results; and
170	170	(10) include straight-party votes and crossover
171	171	votes.
172	172	SECTION 14. Section 232.050, Election Code, is amended by
173	173	adding Subsection (d) to read as follows:
174	174	(d) The requirement that a ballot on which a party nominee
175	175	appears must be arranged to permit casting a straight-party vote
176	176	does not apply to the ballot for the new election if fewer than
177	177	three offices are to appear on the ballot.
178	178	SECTION 15. Sections 31.012(b-1) and (d), Election Code,
179	179	are repealed.
180	180	SECTION 16. This Act takes effect immediately if it
181	181	receives a vote of two-thirds of all the members elected to each
182	182	house, as provided by Section 39, Article III, Texas Constitution.
183	183	If this Act does not receive the vote necessary for immediate
184	184	effect, this Act takes effect September 1, 2021.