By: Bettencourt S.B. No. 2071
(In the Senate - Filed March 9, 2023; March 21, 2023, read
first time and referred to Committee on State Affairs;
April 13, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 2; April 13, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2071 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to automatic recounts of certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 216.001, Election Code, is amended to
read as follows:
Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
applies only to an election that results in:
(1) a tie vote as provided by Sections 2.002(i),
2.023(b) and (c), and 2.028;
(2) a candidate defeated or eliminated by one-half of
one percent or less of the votes cast for that office; or
(3) a measure submitted to voters that is approved or
defeated by one-half of one percent or less of the votes cast on
that measure.
SECTION 2. Section 216.004, Election Code, is amended to
read as follows:
Sec. 216.004. COUNTING PROCEDURES. (a) The method of
counting votes in an automatic recount consists of using a
generally accepted sampling technique to sample the following for
discrepancies:
(1) 100 percent of electronic ballots;
(2) five percent of early voting ballots voted by
mail;
(3) five percent of the polling place locations
established for early voting; and
(4) five percent of the polling place locations
established for election day [is the same method of counting used in
the election that resulted in the tie vote].
(b) If the authority designated under Section 212.026
determines there are discrepancies of one percent or greater for
any of the four categories based on the statistical sample under
Subsection (a), the authority shall order a recount under Section
216.003.
(c) The secretary of state shall adopt rules and procedures
for the implementation of this section.
SECTION 3. This Act takes effect September 1, 2023.
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