Texas 2021 - 87th 2nd C.S.

Texas House Bill HB48 Compare Versions

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

Old	New	Differences
1	1	By: Reynolds H.B. No. 48
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 SHAPE AND INSTRUCTION FOR
27	27	STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
28	28	appears, a shape larger than the shape 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' or filling in the shape beside the name
35	35	of the party of your choice. If you cast a straight-party vote for
36	36	all the nominees of one party and also cast a vote for an opponent of
37	37	one of that party's nominees, your vote for the opponent will be
38	38	counted as well as your vote for all the other nominees of the party
39	39	for which the straight-party vote was cast."
40	40	SECTION 4. Section 52.073, Election Code, is amended to
41	41	read as follows:
42	42	Sec. 52.073. VOTING SHAPE [SQUARE] AND INSTRUCTION FOR
43	43	PROPOSITIONS. (a) On a ballot on which a proposition is to appear,
44	44	"FOR" and, below it, "AGAINST" shall be printed to the left of the
45	45	proposition.
46	46	(b) A brace or other suitable device shall be printed to
47	47	indicate to which proposition each "FOR" and "AGAINST" applies.
48	48	(c) A shape [square] for voting shall be printed to the left
49	49	of each "FOR" and each "AGAINST."
50	50	(d) Immediately above the propositions, the following
51	51	instruction shall be printed: "Place an 'X' or fill in the shape
52	52	[square] beside the statement indicating the way you wish to vote."
53	53	(e) The authority responsible for prescribing the wording
54	54	of a proposition may substitute "YES" and "NO" on the ballot for
55	55	"FOR" and "AGAINST" if the authority considers those words more
56	56	appropriate.
57	57	SECTION 5. Section 62.011(c), Election Code, is amended to
58	58	read as follows:
59	59	(c) The poster must include instructions applicable to the
60	60	election on:
61	61	(1) marking and depositing the ballot;
62	62	(2) voting for a write-in candidate;
63	63	(3) casting a provisional ballot; [and]
64	64	(4) securing an additional ballot if the voter's
65	65	original ballot is spoiled; and
66	66	(5) casting a straight-party vote.
67	67	SECTION 6. Subchapter A, Chapter 64, Election Code, is
68	68	amended by adding Section 64.004 to read as follows:
69	69	Sec. 64.004. MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an
70	70	election in which a single shape is provided on the ballot for
71	71	casting a straight-party vote, a straight-party vote must be
72	72	indicated by placing an "X" or other mark that clearly shows the
73	73	voter's intent or filling in the shape beside the name of the
74	74	appropriate political party.
75	75	SECTION 7. Subchapter A, Chapter 65, Election Code, is
76	76	amended by adding Section 65.007 to read as follows:
77	77	Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an
78	78	election in which a single shape is provided on the ballot for
79	79	casting a straight-party vote, the tally lists shall contain spaces
80	80	for tallying those votes.
81	81	(b) Except as provided by Subsection (c) or (d), each
82	82	straight-party vote shall be tallied for the party receiving the
83	83	vote instead of being tallied for the individual candidates of the
84	84	party. The total number of straight-party votes tallied for each
85	85	party shall be added to the total votes received for each of the
86	86	party nominees individually.
87	87	(c) If a ballot indicates a straight-party vote and a vote
88	88	for an opponent of one or more of that party's nominees, a vote
89	89	shall be counted for the opponent and for each of the party's other
90	90	nominees whether or not any of those nominees have received
91	91	individual votes.
92	92	(d) If a ballot indicates straight-party votes for more than
93	93	one party, those votes may not be tallied and a vote shall be
94	94	counted for each candidate receiving an individual vote if no other
95	95	individual votes are received in that race. If no candidate
96	96	receives an individual vote, the portion of the ballot for offices
97	97	may not be counted.
98	98	SECTION 8. Section 65.011, Election Code, is amended to
99	99	read as follows:
100	100	Sec. 65.011. OVERVOTING. Except as provided by Section
101	101	65.007(c) or (d), if [If] a voter marks the ballot for more
102	102	candidates for an office than the number of persons to be elected
103	103	for that office, none of the votes may be counted for that office.
104	104	SECTION 9. Section 122.001, Election Code, is amended by
105	105	amending Subsection (a) and adding Subsection (b) to read as
106	106	follows:
107	107	(a) A voting system may not be used in an election unless the
108	108	system:
109	109	(1) preserves the secrecy of the ballot;
110	110	(2) is suitable for the purpose for which it is
111	111	intended;
112	112	(3) operates safely, efficiently, and accurately and
113	113	complies with the voting system standards adopted by the Election
114	114	Assistance Commission;
115	115	(4) is safe from fraudulent or unauthorized
116	116	manipulation;
117	117	(5) permits voting on all offices and measures to be
118	118	voted on at the election;
119	119	(6) prevents counting votes on offices and measures on
120	120	which the voter is not entitled to vote;
121	121	(7) prevents counting votes by the same voter for more
122	122	than one candidate for the same office or, in elections in which a
123	123	voter is entitled to vote for more than one candidate for the same
124	124	office, prevents counting votes for more than the number of
125	125	candidates for which the voter is entitled to vote;
126	126	(8) prevents counting a vote on the same office or
127	127	measure more than once;
128	128	(9) permits write-in voting; [and]
129	129	(10) is capable of providing records from which the
130	130	operation of the voting system may be audited; and
131	131	(11) is capable of permitting straight-party voting.
132	132	(b) A voting system may not be used in an election in which
133	133	straight-party voting is permitted unless the system permits or
134	134	prevents, as applicable, counting votes in accordance with Sections
135	135	65.007(c) and (d).
136	136	SECTION 10. Subchapter A, Chapter 124, Election Code, is
137	137	amended by adding Section 124.001 to read as follows:
138	138	Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election in
139	139	which voters are entitled to cast straight-party votes, the voting
140	140	system ballot shall be arranged to permit the voters to do so.
141	141	SECTION 11. Section 124.003, Election Code, is amended by
142	142	adding Subsection (d) to read as follows:
143	143	(d) The requirement that the ballot be arranged to permit
144	144	straight-party voting does not apply to candidates listed under the
145	145	uncontested races heading.
146	146	SECTION 12. Section 124.063, Election Code, is amended by
147	147	adding Subsection (d) to read as follows:
148	148	(d) The electronic system ballot for an election in which
149	149	straight-party voting is allowed must contain the instruction
150	150	prescribed by Section 52.071(b) with the language relating to
151	151	placing an "X" or filling in the party shape changed as appropriate
152	152	to accommodate the method by which the voter indicates a vote.
153	153	SECTION 13. Section 129.023(c), Election Code, is amended
154	154	to read as follows:
155	155	(c) The general custodian of election records shall adopt
156	156	procedures for testing that:
157	157	(1) direct the testing board to cast votes;
158	158	(2) verify that each contest position, as well as each
159	159	precinct and ballot style, on the ballot can be voted and is
160	160	accurately counted;
161	161	(3) include overvotes and undervotes for each race, if
162	162	applicable to the system being tested;
163	163	(4) include write-in votes, when applicable to the
164	164	election;
165	165	(5) include provisional votes, if applicable to the
166	166	system being tested;
167	167	(6) calculate the expected results from the test
168	168	ballots;
169	169	(7) ensure that each voting machine has any public
170	170	counter reset to zero and presented to the testing board for
171	171	verification before testing;
172	172	(8) require that, for each feature of the system that
173	173	allows disabled voters to cast a ballot, at least one vote be cast
174	174	and verified by a two-person testing board team using that feature;
175	175	[and]
176	176	(9) require that, when all votes are cast, the general
177	177	custodian of election records and the testing board observe the
178	178	tabulation of all ballots and compare the actual results to the
179	179	expected results; and
180	180	(10) include straight-party votes and crossover
181	181	votes.
182	182	SECTION 14. Section 232.050, Election Code, is amended by
183	183	adding Subsection (d) to read as follows:
184	184	(d) The requirement that a ballot on which a party nominee
185	185	appears must be arranged to permit casting a straight-party vote
186	186	does not apply to the ballot for the new election if fewer than
187	187	three offices are to appear on the ballot.
188	188	SECTION 15. Sections 31.012(b-1) and (d), Election Code,
189	189	are repealed.
190	190	SECTION 16. This Act takes effect immediately if it
191	191	receives a vote of two-thirds of all the members elected to each
192	192	house, as provided by Section 39, Article III, Texas Constitution.
193	193	If this Act does not receive the vote necessary for immediate
194	194	effect, this Act takes effect on the 91st day after the last day of
195	195	the legislative session.