| 1 | 1 | | 88R20024 MPF-F |
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| 2 | 2 | | By: DeAyala H.B. No. 4697 |
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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 partial count of electronic voting system ballots. |
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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 127.201, Election Code, is amended by |
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| 10 | 10 | | amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) To ensure the accuracy of the tabulation of electronic |
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| 13 | 13 | | voting system results, the general custodian of election records |
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| 14 | 14 | | shall conduct a manual count of all the races in: |
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| 15 | 15 | | (1) at least one percent of the election precincts or |
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| 16 | 16 | | in three precincts, whichever is greater, in which the electronic |
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| 17 | 17 | | voting system was used; or |
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| 18 | 18 | | (2) at least one percent of polling places |
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| 19 | 19 | | participating in the countywide polling place program under Section |
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| 20 | 20 | | 43.007 or in three countywide polling places, whichever is greater, |
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| 21 | 21 | | in which the electronic voting system was used on election day and |
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| 22 | 22 | | during early voting by personal appearance. |
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| 23 | 23 | | (a-1) The custodian shall select the precincts or |
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| 24 | 24 | | countywide polling places for a manual count under Subsection (a) |
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| 25 | 25 | | at random and shall begin the count not later than 72 hours after |
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| 26 | 26 | | the polls close. The count shall be completed not later than the |
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| 27 | 27 | | 21st day after election day. Subsection (b) supersedes this |
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| 28 | 28 | | subsection to the extent of a conflict. |
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| 29 | 29 | | (b) In a general election for state and county officers, |
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| 30 | 30 | | primary election, or election on a proposed amendment to the state |
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| 31 | 31 | | constitution or other statewide measure submitted by the |
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| 32 | 32 | | legislature, the secretary of state shall select, in accordance |
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| 33 | 33 | | with rules adopted by the secretary, the precincts or countywide |
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| 34 | 34 | | polling places to be counted under Subsection (a). The secretary |
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| 35 | 35 | | shall designate not more than three offices and not more than three |
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| 36 | 36 | | propositions to be counted in the selected precincts or countywide |
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| 37 | 37 | | polling places. The secretary shall notify the general custodian |
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| 38 | 38 | | of election records of the precincts or countywide polling places, |
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| 39 | 39 | | offices, and propositions selected under this subsection not |
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| 40 | 40 | | earlier than the day after election day. |
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| 41 | 41 | | (c) On selection or notification, as applicable, of the |
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| 42 | 42 | | precincts or countywide polling places to be counted, the general |
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| 43 | 43 | | custodian of election records shall post on the county's Internet |
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| 44 | 44 | | website home page [in the custodian's office] a notice of the date, |
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| 45 | 45 | | hour, and place of the count. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2023. |
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