Texas 2021 - 87th 2nd C.S.

Texas House Bill HB214 Compare Versions

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

Old	New	Differences
1	1	By: Bucy H.B. No. 214
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the days and hours during which the polls are open for
7	7	early voting by personal appearance.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.004(d), Election Code, is amended to
10	10	read as follows:
11	11	(d) The [If early voting by personal appearance is required
12	12	to be conducted for extended hours under Section 85.005(c) or for
13	13	weekend hours under Section 85.006(e), the] registrar's office
14	14	shall remain open for providing voter registration information
15	15	during the [extended hours or weekend] hours that the main early
16	16	voting polling place is open for voting.
17	17	SECTION 2. Sections 85.001(a) and (e), Election Code, are
18	18	amended to read as follows:
19	19	(a) The period for early voting by personal appearance
20	20	begins on the 17th day before election day and continues through the
21	21	fourth day before election day, except as otherwise provided by
22	22	this subchapter [section].
23	23	(e) For an election held on the uniform election date in May
24	24	and any resulting runoff election, the period for early voting by
25	25	personal appearance begins on the 12th day before election day and
26	26	continues through the fourth day before election day, except as
27	27	otherwise provided by this subchapter.
28	28	SECTION 3. Section 85.006, Election Code, is amended to
29	29	read as follows:
30	30	Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a)
31	31	Except as provided by Subsection (b), the authority ordering an
32	32	election may order early voting by personal appearance at the main
33	33	early voting polling place to be conducted:
34	34	(1) on one or more Saturdays or Sundays during the
35	35	early voting period; or
36	36	(2) during an early voting period extended from the
37	37	fourth day before election day for any number of consecutive days up
38	38	to and including the day before election day.
39	39	(b) In an election in which a county clerk or city secretary
40	40	is the early voting clerk under Section 83.002 or 83.005, only the
41	41	early voting clerk may order extended voting [on a Saturday or
42	42	Sunday]. The clerk must do so by written order.
43	43	(c) Except as otherwise provided by this section, the [The]
44	44	authority ordering extended voting [on a Saturday or Sunday] shall
45	45	determine the hours during which voting is to be conducted.
46	46	(d) The authority authorized to order extended early voting
47	47	[on a Saturday or Sunday] under Subsection (a) or (b) shall order
48	48	[the] voting on a Saturday or Sunday under the applicable
49	49	subsection on receipt of a written request submitted by at least 15
50	50	registered voters of the territory covered by the election. The
51	51	request must be submitted in time to enable compliance with Section
52	52	85.007. The authority is not required to order the voting on a
53	53	particular date specified by the request but shall order the voting
54	54	on at least one Saturday if a Saturday is requested and on at least
55	55	one Sunday if a Sunday is requested.
56	56	(e) In a primary election or the general election for state
57	57	and county officers in a county with a population of 100,000 or
58	58	more, the early voting clerk shall order personal appearance voting
59	59	at the main early voting polling place to be conducted for at least
60	60	12 hours on the last Saturday and for at least five hours on the last
61	61	Sunday of the early voting period. The early voting clerk shall
62	62	order voting to be conducted at those times in those elections in a
63	63	county with a population under 100,000 on receipt of a written
64	64	request for those hours submitted by at least 15 registered voters
65	65	of the county. The request must be submitted in time to enable
66	66	compliance with Section 85.007. This subsection supersedes any
67	67	provision of this subchapter to the extent of any conflict.
68	68	(f) An authority authorized to order extended early voting
69	69	under Subsection (a) or (b) that orders the voting during an
70	70	extended early voting period shall order personal appearance voting
71	71	at the main early voting polling place to be conducted for at least
72	72	12 hours on any weekday or Saturday and for at least five hours on
73	73	any Sunday of the extended early voting period.
74	74	SECTION 4. Sections 85.007(a) and (b), Election Code, are
75	75	amended to read as follows:
76	76	(a) The election order and the election notice must state:
77	77	(1) the date that early voting will begin if under
78	78	Section 85.001(d) the early voting period is to begin later than the
79	79	prescribed date;
80	80	(2) the regular dates and hours that voting will be
81	81	conducted under Section 85.005(b); and
82	82	(3) the dates and hours that extended voting [on
83	83	Saturday or Sunday] is ordered to be conducted under Section
84	84	85.006(a).
85	85	(b) The early voting clerk shall post notice for each
86	86	election stating the dates and hours that extended voting [on a
87	87	Saturday or Sunday] is ordered to be conducted under Section
88	88	85.006(b).
89	89	SECTION 5. Section 85.064(d), Election Code, is amended to
90	90	read as follows:
91	91	(d) The authority authorized under Section 85.006 to order
92	92	extended early voting [on a Saturday or Sunday] may also order, in
93	93	the manner prescribed by that section, extended early voting to be
94	94	conducted [on a Saturday or Sunday] at any one or more of the
95	95	temporary branch polling places. In addition, the early voting
96	96	clerk of a county covered by Section 85.006(e) shall order such
97	97	voting in accordance with that subsection at each temporary branch
98	98	polling place established under Section 85.062(d).
99	99	SECTION 6. Section 85.065(b), Election Code, as effective
100	100	September 1, 2021, is amended to read as follows:
101	101	(b) Except as provided by Subsection (c), voting at a
102	102	temporary branch polling place may be conducted on any days and
103	103	during any hours of the period for early voting by personal
104	104	appearance, as determined by the authority establishing the branch.
105	105	The authority authorized under Section 85.006 to order extended
106	106	early voting [on a Saturday or Sunday] may also order, in the manner
107	107	prescribed by that section, extended early voting to be conducted
108	108	[on a Saturday or Sunday] at any one or more of the temporary branch
109	109	polling places.
110	110	SECTION 7. Section 85.068(a), Election Code, as effective
111	111	September 1, 2021, is amended to read as follows:
112	112	(a) The early voting clerk shall post notice for each
113	113	election stating any dates and the hours that extended voting [on
114	114	Saturday or Sunday] will be conducted under Section 85.064(d) or
115	115	85.065(b), if the early voting clerk is a county clerk or city
116	116	secretary under Section 83.002 or 83.005.
117	117	SECTION 8. Section 87.0241, Election Code, as effective
118	118	September 1, 2021, is amended by amending Subsection (b) and adding
119	119	Subsection (b-1) to read as follows:
120	120	(b) The board may not count early voting ballots until:
121	121	(1) the polls open on election day; or
122	122	(2) in an election conducted by an authority of a
123	123	county with a population of 100,000 or more, or conducted jointly
124	124	with such a county or conducted with such a county through a
125	125	contract for election services, the time the polls close on the
126	126	fourth day before election day [end of the period for early voting
127	127	by personal appearance].
128	128	(b-1) The board may not count early voting ballots voted by
129	129	personal appearance after the fourth day before election day until
130	130	the end of the extended early voting period.
131	131	SECTION 9. This Act takes effect on the 91st day after the
132	132	last day of the legislative session.