1 | 1 | | 89R13378 JDK-D |
---|
2 | 2 | | By: Reynolds H.B. No. 4246 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to authorizing counties to conduct elections using |
---|
10 | 10 | | countywide polling. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Sections 31.014(a) and (c), Election Code, are |
---|
13 | 13 | | amended to read as follows: |
---|
14 | 14 | | (a) The secretary of state shall prescribe specific |
---|
15 | 15 | | requirements and standards, consistent with this code, for the |
---|
16 | 16 | | certification of an electronic device used to accept voters under |
---|
17 | 17 | | Chapter 63 that require the device to: |
---|
18 | 18 | | (1) produce an electronic copy of the list of voters |
---|
19 | 19 | | who were accepted to vote for delivery to the election judge after |
---|
20 | 20 | | the polls close; |
---|
21 | 21 | | (2) display the voter's original signature in |
---|
22 | 22 | | accordance with Section 63.002; |
---|
23 | 23 | | (3) accept a voter for voting even when the device is |
---|
24 | 24 | | off-line; |
---|
25 | 25 | | (4) provide the full list of voters registered in the |
---|
26 | 26 | | county with an indication of the jurisdictional or distinguishing |
---|
27 | 27 | | number for each territorial unit in which each voter resides; |
---|
28 | 28 | | (5) time-stamp when each voter is accepted at a |
---|
29 | 29 | | polling place, including the voter's unique identifier; |
---|
30 | 30 | | (6) if the county establishes [participates in the] |
---|
31 | 31 | | countywide polling places [place program] under Section 43.007 or |
---|
32 | 32 | | has more than one early voting polling place, transmit a time stamp |
---|
33 | 33 | | when each voter is accepted, including the voter's unique |
---|
34 | 34 | | identifier, to all polling place locations; |
---|
35 | 35 | | (7) time-stamp the receipt of a transmission under |
---|
36 | 36 | | Subdivision (6); and |
---|
37 | 37 | | (8) produce in an electronic format compatible with |
---|
38 | 38 | | the statewide voter registration list under Section 18.061 data for |
---|
39 | 39 | | retention and transfer that includes: |
---|
40 | 40 | | (A) the polling location in which the device was |
---|
41 | 41 | | used; |
---|
42 | 42 | | (B) the dated time stamp under Subdivision (5); |
---|
43 | 43 | | and |
---|
44 | 44 | | (C) the dated time stamp under Subdivision (7). |
---|
45 | 45 | | (c) The secretary of state shall adopt rules that require a |
---|
46 | 46 | | device described by this section used during the early voting |
---|
47 | 47 | | period or in a county that establishes [under the] countywide |
---|
48 | 48 | | polling places [place program] under Section 43.007 to update data |
---|
49 | 49 | | in real time. If a county uses a device that does not comply with |
---|
50 | 50 | | the rule in two consecutive general elections for state and county |
---|
51 | 51 | | officers, the secretary of state shall assess a noncompliance fee. |
---|
52 | 52 | | The noncompliance fee shall be set at an amount determined by |
---|
53 | 53 | | secretary of state rule. |
---|
54 | 54 | | SECTION 2. Section 42.0051(a), Election Code, is amended to |
---|
55 | 55 | | read as follows: |
---|
56 | 56 | | (a) This section applies only to a county with a population |
---|
57 | 57 | | of less than 1.2 million that does not establish [participate in |
---|
58 | 58 | | the] countywide polling places [place program] described by Section |
---|
59 | 59 | | 43.007. |
---|
60 | 60 | | SECTION 3. The heading to Section 43.007, Election Code, is |
---|
61 | 61 | | amended to read as follows: |
---|
62 | 62 | | Sec. 43.007. COUNTYWIDE POLLING PLACES [PLACE PROGRAM]. |
---|
63 | 63 | | SECTION 4. Sections 43.007(a), (f), and (g), Election Code, |
---|
64 | 64 | | are amended to read as follows: |
---|
65 | 65 | | (a) Each [The secretary of state shall implement a program |
---|
66 | 66 | | to allow each] commissioners court may [participating in the |
---|
67 | 67 | | program to] eliminate county election precinct polling places and |
---|
68 | 68 | | establish countywide polling places for: |
---|
69 | 69 | | (1) any election required to be conducted by the |
---|
70 | 70 | | county; |
---|
71 | 71 | | (2) any election held as part of a joint election |
---|
72 | 72 | | agreement with a county under Chapter 271; |
---|
73 | 73 | | (3) any election held under contract for election |
---|
74 | 74 | | services with a county under Subchapter D, Chapter 31; |
---|
75 | 75 | | (4) each primary election and runoff primary election |
---|
76 | 76 | | if: |
---|
77 | 77 | | (A) the county chair or county executive |
---|
78 | 78 | | committee of each political party participating in a joint primary |
---|
79 | 79 | | election under Section 172.126 agrees to the use of countywide |
---|
80 | 80 | | polling places; or |
---|
81 | 81 | | (B) the county chair or county executive |
---|
82 | 82 | | committee of each political party required to nominate candidates |
---|
83 | 83 | | by primary election agrees to use the same countywide polling |
---|
84 | 84 | | places; and |
---|
85 | 85 | | (5) each election of a political subdivision located |
---|
86 | 86 | | in the county that is held jointly with an election described by |
---|
87 | 87 | | Subdivision (3) or (4). |
---|
88 | 88 | | (f) In selecting countywide polling places, a county must |
---|
89 | 89 | | adopt a methodology for determining where each polling place will |
---|
90 | 90 | | be located. The total number of countywide polling places may not |
---|
91 | 91 | | be less than: |
---|
92 | 92 | | (1) except as provided by Subdivision (2), 50 percent |
---|
93 | 93 | | of the number of precinct polling places that would otherwise be |
---|
94 | 94 | | located in the county for that election; or |
---|
95 | 95 | | (2) for an election held in the first year in which the |
---|
96 | 96 | | county establishes countywide polling places under this section |
---|
97 | 97 | | [participates in the program], 65 percent of the number of precinct |
---|
98 | 98 | | polling places that would otherwise be located in the county for |
---|
99 | 99 | | that election. |
---|
100 | 100 | | (g) A county that uses countywide polling places under this |
---|
101 | 101 | | section [participating in the program] must establish a plan to |
---|
102 | 102 | | provide notice informing voters of the changes made to the |
---|
103 | 103 | | locations of polling places [under the program]. The plan must |
---|
104 | 104 | | require that notice of the location of the nearest countywide |
---|
105 | 105 | | polling place be posted on election day at each polling place used |
---|
106 | 106 | | in the previous general election for state and county officers that |
---|
107 | 107 | | is not used as a countywide polling place. |
---|
108 | 108 | | SECTION 5. Sections 43.007(b), (c), (d), (i), (j), (k), and |
---|
109 | 109 | | (l), Election Code, are repealed. |
---|
110 | 110 | | SECTION 6. This Act takes effect September 1, 2025. |
---|