87S20269 MLH-F
By: Swanson H.B. No. 211
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain petitions requesting an
election and ballot propositions and to related procedures and
provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Ballot Measure
Election Integrity Act of 2021.
SECTION 2. Section 52.072, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) A proposition proposing an amendment to a city charter
or a voter-initiated initiative or referendum as requested by a
petition must use wording identical to the caption of any
corresponding petition as provided by Section 277.0015(b), as
applicable.
SECTION 3. Chapter 233, Election Code, is amended by adding
Section 233.0115 to read as follows:
Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
orders a home-rule city to order a new election under Section
233.011, a qualified voter of the home-rule city may seek from the
court a writ of mandamus to compel the governing body of the city to
comply with Section 52.072(g), as provided by Section 273.101.
SECTION 4. Chapter 273, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
Sec. 273.101. MANDAMUS ACTIONS. (a) A qualified voter of a
home-rule city may seek from the court a writ of mandamus to compel
the governing body of the city to comply with the requirement of
Section 52.072(g).
(b) The court must give absolute priority to a petition for
a writ brought under this section and shall make its determination
without delay and prior to the deadline for printing ballots.
(c) The court may award a petitioner who substantially
prevails in an action described by Subsection (a) the party's
reasonable attorney's fees, expenses, and court costs.
(d) Governmental immunity to suit and liability is waived
and abolished only to the extent of the liability created by
Subsection (c).
Sec. 273.102. REVIEW OF PETITION BY SECRETARY OF STATE. (a)
The governing body of a home-rule city or a qualified voter of the
home-rule city may file a complaint with the secretary of state
alleging that a caption is invalid under Section 277.0015.
(b) The secretary of state shall review a caption alleged to
be invalid in a complaint under Subsection (a) not later than the
seventh day after the date the secretary receives the complaint.
(c) If the secretary of state determines that a complaint
under Subsection (a) correctly alleges that a caption is invalid
under Section 277.0015, the secretary of state shall modify the
caption and provide the modified caption to the home-rule city for
use as a ballot proposition.
(d) In modifying a caption under Subsection (c), the
secretary of state shall:
(1) seek input from persons who signed or circulated
the petition; and
(2) modify the caption only to the extent necessary
for compliance with Section 277.0015.
(e) Action by the secretary of state under this section may
not be considered by a court as evidence that a caption does not
comply with Section 277.0015.
SECTION 5. The heading to Chapter 277, Election Code, is
amended to read as follows:
CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER
[PRESCRIBED BY LAW OUTSIDE CODE]
SECTION 6. Chapter 277, Election Code, is amended by
designating Sections 277.001, 277.002, 277.0021, 277.0022,
277.0023, and 277.0024 as Subchapter A and adding a subchapter
heading to read as follows:
SUBCHAPTER A. FORM AND CONTENT OF PETITION
SECTION 7. Section 277.001, Election Code, is amended to
read as follows:
Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
subchapter [chapter] applies to a petition authorized or required
to be filed with a city [under a law outside this code] in
connection with an election, regardless of whether the petition is
authorized by state law or a city charter.
SECTION 8. Subchapter A, Chapter 277, Election Code, as
added by this Act, is amended by adding Section 277.0015 to read as
follows:
Sec. 277.0015. PROPOSED MEASURES. (a) A petition must
contain or have attached a caption for the proposed measure.
(b) The caption must identify the proposed measure by its
chief features, describing its character and purpose with such
definiteness and certainty that voters are not misled.
(c) Unless the caption is modified under Section 273.102,
the governing body of a home-rule city shall proceed with an
election requested by a petition despite a complaint that the
petition violates Subsection (b) and in doing so shall comply with
Section 52.072(g) and all ordinary timelines and requirements for
such an election.
(d) The secretary of state shall issue guidance to help a
person preparing to circulate a petition comply with the
requirements of Subsection (b).
SECTION 9. Section 277.002, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) The illegibility of a signature on a petition submitted
to a home-rule city is not a valid basis for invalidating the
signature if the information provided with the signature as
required by this section and other applicable law legibly provides
enough information to demonstrate that the signer:
(1) is eligible to have signed the petition; and
(2) signed the petition on or after the 180th day
before the date the petition was filed.
SECTION 10. Subchapter A, Chapter 277, Election Code, as
added by this Act, is amended by adding Section 277.005 to read as
follows:
Sec. 277.005. STANDARD PETITION FORM; VALIDITY. (a) The
secretary of state shall:
(1) adopt a standard petition form for
petition-initiated elections; and
(2) publish the form and instructions for using the
form on the secretary's Internet website.
(b) The standard petition form must require:
(1) the name of the circulator;
(2) a caption for the measure as required by Section
277.0015;
(3) each signer to provide:
(A) the signer's printed name;
(B) the signer's signature;
(C) the signer's:
(i) date of birth; or
(ii) voter registration number and county
of residence;
(D) the signer's residence address, including
city and, if applicable, zip code; and
(E) the date of signing; and
(4) an affidavit of the circulator stating that the
circulator verifies that the circulator witnessed the signatures,
including a space for the affidavit to be signed and notarized.
(c) Notwithstanding any other law, including a city
charter, a city may not require the submission of information on or
with a petition that the standard petition form published by the
secretary of state does not provide for or require to be provided.
(d) A person who circulates or submits a petition is not
required to use the standard petition form. A petition that does not
use the standard petition form must contain the substantial
elements required to be provided on the standard petition form.
SECTION 11. Chapter 277, Election Code, is amended by
adding Subchapters B and C to read as follows:
SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a home-rule city that has a procedure requiring the
governing body of the city to hold an election on receipt of a
petition, including a procedure imposed by statute, requesting the
election.
Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
provisions of this subchapter apply notwithstanding any city
charter provision or other law.
Sec. 277.033. DETERMINATION OF VALIDITY. (a) The city
secretary shall determine the validity of a petition submitted
under this subchapter, including by verifying the petition
signatures, not later than the 30th day after the date the city
receives the petition.
(b) The city secretary may not invalidate a petition on
grounds of an inadequate caption but may:
(1) file a complaint under Section 273.102; and
(2) modify the caption as directed by the secretary of
state under Section 273.102.
Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
may not restrict who may collect petition signatures.
SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT
Sec. 277.051. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a home-rule city that has a procedure, including a
procedure imposed by statute, requiring the governing body of the
city to hold an election on receipt of a petition requesting the
election.
Sec. 277.052. REPEAL OF PETITION-INITIATED CHARTER
AMENDMENT. (a) A city may repeal a charter amendment adopted by a
petition-initiated election only by a petition-initiated election
held for the specific purpose of repealing the amendment. A repeal
petition may not include any other measure, including the repeal of
multiple charter amendments.
(b) A city may not repeal a charter amendment adopted by a
petition-initiated election by adopting a new or revised city
charter. A new or revised city charter must include each charter
amendment adopted by a petition-initiated election unless the
charter amendment was repealed in accordance with Subsection (a).
SECTION 12. Section 9.004(a), Local Government Code, is
amended to read as follows:
(a) The governing body of a municipality on its own motion
may submit a proposed charter amendment to the municipality's
qualified voters for their approval at an election. The governing
body shall submit a proposed charter amendment to the voters for
their approval at an election if the submission is supported by a
petition signed by a number of qualified voters of the municipality
equal to at least five percent of the number of qualified voters of
the municipality on the date of the most recent election held
throughout the municipality or 20,000, whichever number is the
smaller.
SECTION 13. Sections 277.003 and 277.004, Election Code,
are repealed.
SECTION 14. Not later than January 1, 2022, the secretary of
state shall adopt and publish a petition form as required by Section
277.005, Election Code, as added by this Act.
SECTION 15. The changes in law made by this Act apply only
to a petition submitted on or after January 1, 2022.
SECTION 16. This Act takes effect on the 91st day after the
last day of the legislative session.