By: Hall, Bettencourt S.B. No. 397
Parker
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for closing a polling place.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.002, Election Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (e)
and (f) to read as follows:
(a) Immediately before opening the polls for voting on the
first day of early voting and on election day, the presiding
election judge or alternate presiding [election] judge shall
confirm that each voting machine has any public counter reset to
zero and shall print the tape that shows the counter was set to zero
for each candidate or measure on the ballot.
(c) Immediately after closing the polls for voting on
election day and on the last day of early voting by personal
appearance, the presiding election judge or alternate presiding
[election] judge shall print the tape to show the number of votes
cast for each candidate or ballot measure for each voting machine.
(d) The presiding [Each] election judge and [or] alternate
presiding [election] judge [present] shall sign a tape printed
under this section.
(e) When closing the polls on the last day of early voting,
the presiding election judge and alternate presiding judge shall
place a tape printed under this section in envelope no. 2.
(f) When closing the polls for voting on election day, any
watcher present, but not more than three, may sign a tape printed
under this section.
SECTION 2. Section 61.007, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) A person who prints a tape under Section 61.002 does not
commit an offense under this section.
SECTION 3. Section 66.023, Election Code, is amended to
read as follows:
Sec. 66.023. CONTENTS OF ENVELOPE NO. 2. Envelope no. 2
must contain:
(1) a copy of the precinct returns;
(2) a tally list;
(3) the original of the poll list;
(4) the signature roster;
(5) the precinct early voting list;
(6) any affidavits completed at the polling place
except affidavits required to be placed in envelope no. 4; [and]
(7) any certificates of appointment of watchers; and
(8) any voting machine tape printed for the purpose of
showing the number of votes cast.
SECTION 4. This Act takes effect September 1, 2023.