| 1 | 1 | | By: Hall S.B. No. 25 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the management of polling place locations during a |
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| 7 | 7 | | continuous period for voting. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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| 10 | 10 | | amended by adding Section 41.0015 to read as follows: |
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| 11 | 11 | | Sec. 41.0015. ELECTION PERIOD. In this title, "election |
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| 12 | 12 | | period" means the period beginning on the first day of early voting |
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| 13 | 13 | | by personal appearance as described under Section 85.001 and ending |
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| 14 | 14 | | when the polls close on election day. |
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| 15 | 15 | | SECTION 2. Subchapter A, Chapter 43, Election Code, is |
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| 16 | 16 | | amended by adding Section 43.008 to read as follows: |
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| 17 | 17 | | Sec. 43.008. ADDITIONAL POLLING PLACES DURING ELECTION |
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| 18 | 18 | | PERIOD. If the county clerk or commissioners court, as applicable, |
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| 19 | 19 | | determines that more polling places are needed during the election |
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| 20 | 20 | | period than the number initially opened, the county clerk or |
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| 21 | 21 | | commissioners court may open more polling places, but may not, for |
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| 22 | 22 | | any reason, close a polling place before the end of the election |
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| 23 | 23 | | period. |
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| 24 | 24 | | SECTION 3. Section 61.002, Election Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING. |
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| 27 | 27 | | (a) Immediately before opening the polls for voting on the first day |
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| 28 | 28 | | of the election period, the presiding election judge shall confirm |
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| 29 | 29 | | that each voting machine has any public counter reset to zero and |
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| 30 | 30 | | shall print the zero tape: |
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| 31 | 31 | | (1) that shows the counter was set to zero; and |
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| 32 | 32 | | (2) that shows the summary for each candidate and |
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| 33 | 33 | | measure on the ballot for each voting machine is set to zero. |
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| 34 | 34 | | (b) At the official time for opening the polls for voting, |
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| 35 | 35 | | an election officer shall open the polling place entrance and admit |
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| 36 | 36 | | the voters. |
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| 37 | 37 | | (c) Immediately after closing the polls for voting on the |
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| 38 | 38 | | last day of the election period, the presiding election judge shall |
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| 39 | 39 | | print the results tape to show the summary of votes for each |
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| 40 | 40 | | candidate or ballot measure for each voting machine at that polling |
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| 41 | 41 | | location. |
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| 42 | 42 | | (d) The precinct election judge, and an election official |
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| 43 | 43 | | aligned with a different political party, shall sign a tape printed |
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| 44 | 44 | | under this section. |
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| 45 | 45 | | (e) In this section, "election period" has the meaning |
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| 46 | 46 | | assigned by Section 41.0015. |
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| 47 | 47 | | SECTION 4. Sections 85.001(a) and (e), Election Code, are |
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| 48 | 48 | | amended to read as follows: |
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| 49 | 49 | | (a) The period for early voting by personal appearance |
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| 50 | 50 | | begins on the 14th [17th] day before election day and continues |
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| 51 | 51 | | through the opening of the polls on [the fourth day before] election |
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| 52 | 52 | | day, except as otherwise provided by this section. |
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| 53 | 53 | | (e) For an election held on the uniform election date in May |
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| 54 | 54 | | and any resulting runoff election, the period for early voting by |
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| 55 | 55 | | personal appearance begins on the 10th [12th] day before election |
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| 56 | 56 | | day and continues through the opening of the polls on [the fourth |
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| 57 | 57 | | day before] election day. |
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| 58 | 58 | | SECTION 5. Subchapter C, Chapter 125, Election Code, is |
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| 59 | 59 | | amended by adding Section 125.0635 to read as follows: |
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| 60 | 60 | | Sec. 125.0635. SECURING EQUIPMENT ON FAILURE OF EQUIPMENT. |
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| 61 | 61 | | (a) In this section, "election period" has the meaning assigned by |
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| 62 | 62 | | Section 41.0015. |
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| 63 | 63 | | (b) If a piece of electronic voting machine equipment fails |
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| 64 | 64 | | and is taken out of service during the election period, the |
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| 65 | 65 | | equipment and any associated memory card must be securely isolated |
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| 66 | 66 | | until the end of the election period. |
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| 67 | 67 | | SECTION 6. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect on the 91st day after the last day of the |
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| 72 | 72 | | legislative session. |
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