| 1 | 1 | | By: Hall, Bettencourt S.B. No. 397 |
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| 2 | 2 | | Parker |
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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 procedures for closing a polling place. |
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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 61.002, Election Code, is amended by |
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| 10 | 10 | | amending Subsections (a), (c), and (d) and adding Subsections (e) |
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| 11 | 11 | | and (f) to read as follows: |
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| 12 | 12 | | (a) Immediately before opening the polls for voting on the |
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| 13 | 13 | | first day of early voting and on election day, the presiding |
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| 14 | 14 | | election judge or alternate presiding [election] judge shall |
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| 15 | 15 | | confirm that each voting machine has any public counter reset to |
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| 16 | 16 | | zero and shall print the tape that shows the counter was set to zero |
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| 17 | 17 | | for each candidate or measure on the ballot. |
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| 18 | 18 | | (c) Immediately after closing the polls for voting on |
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| 19 | 19 | | election day and on the last day of early voting by personal |
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| 20 | 20 | | appearance, the presiding election judge or alternate presiding |
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| 21 | 21 | | [election] judge shall print the tape to show the number of votes |
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| 22 | 22 | | cast for each candidate or ballot measure for each voting machine. |
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| 23 | 23 | | (d) The presiding [Each] election judge and [or] alternate |
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| 24 | 24 | | presiding [election] judge [present] shall sign a tape printed |
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| 25 | 25 | | under this section. |
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| 26 | 26 | | (e) When closing the polls on the last day of early voting, |
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| 27 | 27 | | the presiding election judge and alternate presiding judge shall |
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| 28 | 28 | | place a tape printed under this section in envelope no. 2. |
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| 29 | 29 | | (f) When closing the polls for voting on election day, any |
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| 30 | 30 | | watcher present, but not more than three, may sign a tape printed |
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| 31 | 31 | | under this section. |
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| 32 | 32 | | SECTION 2. Section 61.007, Election Code, is amended by |
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| 33 | 33 | | adding Subsection (d) to read as follows: |
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| 34 | 34 | | (d) A person who prints a tape under Section 61.002 does not |
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| 35 | 35 | | commit an offense under this section. |
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| 36 | 36 | | SECTION 3. Section 66.023, Election Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | Sec. 66.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2 |
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| 39 | 39 | | must contain: |
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| 40 | 40 | | (1) a copy of the precinct returns; |
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| 41 | 41 | | (2) a tally list; |
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| 42 | 42 | | (3) the original of the poll list; |
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| 43 | 43 | | (4) the signature roster; |
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| 44 | 44 | | (5) the precinct early voting list; |
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| 45 | 45 | | (6) any affidavits completed at the polling place |
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| 46 | 46 | | except affidavits required to be placed in envelope no. 4; [and] |
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| 47 | 47 | | (7) any certificates of appointment of watchers; and |
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| 48 | 48 | | (8) any voting machine tape printed for the purpose of |
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| 49 | 49 | | showing the number of votes cast. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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