89R13378 JDK-D
By: Reynolds H.B. No. 4246
A BILL TO BE ENTITLED
AN ACT
relating to authorizing counties to conduct elections using
countywide polling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 31.014(a) and (c), Election Code, are
amended to read as follows:
(a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier;
(6) if the county establishes [participates in the]
countywide polling places [place program] under Section 43.007 or
has more than one early voting polling place, transmit a time stamp
when each voter is accepted, including the voter's unique
identifier, to all polling place locations;
(7) time-stamp the receipt of a transmission under
Subdivision (6); and
(8) produce in an electronic format compatible with
the statewide voter registration list under Section 18.061 data for
retention and transfer that includes:
(A) the polling location in which the device was
used;
(B) the dated time stamp under Subdivision (5);
and
(C) the dated time stamp under Subdivision (7).
(c) The secretary of state shall adopt rules that require a
device described by this section used during the early voting
period or in a county that establishes [under the] countywide
polling places [place program] under Section 43.007 to update data
in real time. If a county uses a device that does not comply with
the rule in two consecutive general elections for state and county
officers, the secretary of state shall assess a noncompliance fee.
The noncompliance fee shall be set at an amount determined by
secretary of state rule.
SECTION 2. Section 42.0051(a), Election Code, is amended to
read as follows:
(a) This section applies only to a county with a population
of less than 1.2 million that does not establish [participate in
the] countywide polling places [place program] described by Section
43.007.
SECTION 3. The heading to Section 43.007, Election Code, is
amended to read as follows:
Sec. 43.007. COUNTYWIDE POLLING PLACES [PLACE PROGRAM].
SECTION 4. Sections 43.007(a), (f), and (g), Election Code,
are amended to read as follows:
(a) Each [The secretary of state shall implement a program
to allow each] commissioners court may [participating in the
program to] eliminate county election precinct polling places and
establish countywide polling places for:
(1) any election required to be conducted by the
county;
(2) any election held as part of a joint election
agreement with a county under Chapter 271;
(3) any election held under contract for election
services with a county under Subchapter D, Chapter 31;
(4) each primary election and runoff primary election
if:
(A) the county chair or county executive
committee of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair or county executive
committee of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(5) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision (3) or (4).
(f) In selecting countywide polling places, a county must
adopt a methodology for determining where each polling place will
be located. The total number of countywide polling places may not
be less than:
(1) except as provided by Subdivision (2), 50 percent
of the number of precinct polling places that would otherwise be
located in the county for that election; or
(2) for an election held in the first year in which the
county establishes countywide polling places under this section
[participates in the program], 65 percent of the number of precinct
polling places that would otherwise be located in the county for
that election.
(g) A county that uses countywide polling places under this
section [participating in the program] must establish a plan to
provide notice informing voters of the changes made to the
locations of polling places [under the program]. The plan must
require that notice of the location of the nearest countywide
polling place be posted on election day at each polling place used
in the previous general election for state and county officers that
is not used as a countywide polling place.
SECTION 5. Sections 43.007(b), (c), (d), (i), (j), (k), and
(l), Election Code, are repealed.
SECTION 6. This Act takes effect September 1, 2025.