| 1 | 1 | | By: Bettencourt S.B. No. 2071 |
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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 automatic recounts of certain elections. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 216.001, Election Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter |
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| 11 | 11 | | applies only to an election that results in: |
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| 12 | 12 | | (1) a tie vote as provided by Sections 2.002(i), |
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| 13 | 13 | | 2.023(b) and (c), and 2.028; |
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| 14 | 14 | | (2) a candidate defeated or eliminated by one-half of |
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| 15 | 15 | | one percent or less of the votes cast for that office; or |
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| 16 | 16 | | (3) a measure submitted to voters that is approved or |
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| 17 | 17 | | defeated by one-half of one percent or less of the votes cast on |
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| 18 | 18 | | that measure. |
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| 19 | 19 | | SECTION 2. Section 216.004, Election Code, is amended to |
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| 20 | 20 | | read as follows: |
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| 21 | 21 | | Sec. 216.004. COUNTING PROCEDURES. (a) The method of |
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| 22 | 22 | | counting votes in an automatic recount consists of using a |
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| 23 | 23 | | generally accepted sampling technique to sample the following for |
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| 24 | 24 | | discrepancies: |
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| 25 | 25 | | (1) 100 percent of electronic ballots; |
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| 26 | 26 | | (2) five percent of early voting ballots voted by |
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| 27 | 27 | | mail; |
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| 28 | 28 | | (3) five percent of the polling place locations |
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| 29 | 29 | | established for early voting; and |
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| 30 | 30 | | (4) five percent of the polling place locations |
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| 31 | 31 | | established for election day [is the same method of counting used in |
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| 32 | 32 | | the election that resulted in the tie vote]. |
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| 33 | 33 | | (b) If the authority designated under Section 212.026 |
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| 34 | 34 | | determines there are discrepancies of 0.5 percent or greater for |
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| 35 | 35 | | any of the four categories based on the statistical sample under |
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| 36 | 36 | | Subsection (a), the authority shall order a recount under Section |
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| 37 | 37 | | 216.003. |
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| 38 | 38 | | (c) The secretary of state shall adopt rules and procedures |
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| 39 | 39 | | for the implementation of this section. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2023. |
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