| 1 | 1 | | 88R13394 MLH-F |
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| 2 | 2 | | By: Hayes H.B. No. 4396 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the members on a signature verification committee. |
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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. Section 87.027, Election Code, is amended by |
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| 10 | 10 | | amending Subsections (a), (d), and (e) and adding Subsections |
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| 11 | 11 | | (a-2), (a-3), (d-1), (d-2), (n), and (o) to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (a-1), a signature |
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| 13 | 13 | | verification committee may be appointed in any election. In an |
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| 14 | 14 | | election other than a primary election or runoff primary election, |
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| 15 | 15 | | the [The] early voting clerk is the authority responsible for |
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| 16 | 16 | | determining whether a signature verification committee is to be |
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| 17 | 17 | | appointed. In a primary election or runoff primary election, the |
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| 18 | 18 | | county chair of a political party is the authority responsible for |
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| 19 | 19 | | determining whether a signature verification committee is to be |
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| 20 | 20 | | appointed. |
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| 21 | 21 | | (a-2) If the early voting clerk determines under Subsection |
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| 22 | 22 | | (a) that a signature verification committee is to be appointed for |
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| 23 | 23 | | an election other than a primary election or runoff primary |
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| 24 | 24 | | election, the clerk shall issue a written order calling for the |
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| 25 | 25 | | appointment not later than the 32nd day before the date of the |
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| 26 | 26 | | election. |
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| 27 | 27 | | (a-3) If the county chair of a political party determines |
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| 28 | 28 | | under Subsection (a) that a signature verification committee is to |
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| 29 | 29 | | be appointed for a primary election or a runoff primary election, |
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| 30 | 30 | | the county chair shall issue a written order calling for the |
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| 31 | 31 | | appointment not later than the 32nd day before the date of the |
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| 32 | 32 | | election. |
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| 33 | 33 | | (d) The early voting clerk shall determine the total number |
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| 34 | 34 | | of members who are to compose the signature verification committee |
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| 35 | 35 | | and shall state that number in the order calling for the committee's |
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| 36 | 36 | | appointment. A committee must have an odd number of members |
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| 37 | 37 | | [consist of] not fewer than five in number [members]. In an |
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| 38 | 38 | | election in which party alignment is indicated on the ballot, each |
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| 39 | 39 | | county chair of a political party with a nominee or aligned |
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| 40 | 40 | | candidate on the ballot shall submit to the appointing authority a |
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| 41 | 41 | | list of names of persons eligible to serve on the signature |
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| 42 | 42 | | verification committee in order of the county chair's |
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| 43 | 43 | | preference. Except as provided by Subsection (d-1), the [The] |
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| 44 | 44 | | authority shall appoint at least two persons from each list in the |
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| 45 | 45 | | order of preference indicated on each list to serve as members of |
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| 46 | 46 | | the committee. The same number of members must be appointed from |
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| 47 | 47 | | each list. |
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| 48 | 48 | | (d-1) In addition to the other members of the committee |
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| 49 | 49 | | appointed from the political party whose nominee for governor |
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| 50 | 50 | | received the most votes in the county in the most recent |
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| 51 | 51 | | gubernatorial general election, the [The] authority shall appoint |
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| 52 | 52 | | as chair of the committee the highest-ranked person on the list |
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| 53 | 53 | | provided by that [the] political party [whose nominee for governor |
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| 54 | 54 | | received the most votes in the county in the most recent |
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| 55 | 55 | | gubernatorial general election]. |
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| 56 | 56 | | (d-2) The authority shall appoint as vice chair of the |
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| 57 | 57 | | committee the highest-ranked person appointed to the committee from |
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| 58 | 58 | | [on] the list provided by the political party whose nominee for |
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| 59 | 59 | | governor received the second most votes in the county in the most |
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| 60 | 60 | | recent gubernatorial general election. A vacancy on the committee |
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| 61 | 61 | | shall be filled by appointment from the original list or from a new |
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| 62 | 62 | | list submitted by the appropriate county chair. |
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| 63 | 63 | | (e) To be eligible to serve on a signature verification |
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| 64 | 64 | | committee, a person must not be a member of an early voting ballot |
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| 65 | 65 | | board, and must be eligible under Subchapter C, Chapter 32, for |
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| 66 | 66 | | service as a presiding election judge, except that the person must |
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| 67 | 67 | | be a qualified voter: |
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| 68 | 68 | | (1) of the county, in a countywide election ordered by |
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| 69 | 69 | | the governor or a county authority or in a primary election; |
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| 70 | 70 | | (2) of the part of the county in which the election is |
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| 71 | 71 | | held, for an election ordered by the governor or a county authority |
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| 72 | 72 | | that does not cover the entire county of the person's residence; or |
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| 73 | 73 | | (3) of the political subdivision, in an election |
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| 74 | 74 | | ordered by an authority of a political subdivision other than a |
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| 75 | 75 | | county. |
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| 76 | 76 | | (n) Before performing any duties as a member of a signature |
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| 77 | 77 | | verification committee, a member shall take the following oath, |
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| 78 | 78 | | administered by the authority responsible for appointing the |
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| 79 | 79 | | members of the committee: "I swear (or affirm) that I will |
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| 80 | 80 | | objectively work to ensure each eligible voter's vote is accepted |
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| 81 | 81 | | and counted, and that only ballots not in compliance with the Texas |
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| 82 | 82 | | Election Code are rejected; I will make every effort to correctly |
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| 83 | 83 | | reflect the intent of a voter when it can be clearly determined; I |
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| 84 | 84 | | will not serve alone at any time when ballots are present, and will |
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| 85 | 85 | | only serve in the presence of a member of a political party |
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| 86 | 86 | | different from my own; I will faithfully perform my duty as an |
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| 87 | 87 | | officer of the election, and will guard the purity of the election." |
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| 88 | 88 | | (o) After each member takes the oath under Subsection (n), |
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| 89 | 89 | | the authority responsible for appointing the members of the |
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| 90 | 90 | | signature verification committee shall issue to each member a form |
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| 91 | 91 | | of identification prescribed by the secretary of state, which the |
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| 92 | 92 | | member must display at all times during the member's service on the |
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| 93 | 93 | | committee. |
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| 94 | 94 | | SECTION 2. This Act takes effect September 1, 2023. |
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