Texas 2025 - 89th Regular

Texas House Bill HB4541 Compare Versions

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Version 2 (New)

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1	1		By: Toth H.B. No. 4541
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the location of polling places during early voting and
7	9		on election day.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 1.005, Election Code, is amended by
10	12		adding Subdivision (21-a) to read as follows:
11	13		(21-a) "Voting center" means a polling place created
12	14		under Section 42.0052.
13	15		SECTION 2. Section 4.003(b), Election Code, is amended to
14	16		read as follows:
15	17		(b) In addition to any other notice given for an election
16	18		under Subsection (a), not later than the 21st day before election
17	19		day, a county shall post a copy of a notice of the election given by
18	20		the county or provided to the county under Section 4.008(a), which
19	21		must include the location of each polling place, on the county's
20	22		Internet website, if the county maintains a website. For each
21	23		voting center created under Section 42.0052, the notice must
22	24		include the location of the voting center and the precincts
23	25		assigned to that voting center. An authority responsible for
24	26		giving notice of an election may post a copy of the notice on the
25	27		bulletin board used for posting notices of the meetings of the
26	28		governing body of the political subdivision that the authority
27	29		serves. If a county does not maintain a website, the authority
28	30		responsible for giving notice of the election shall post a copy of a
29	31		notice of the election on the bulletin board used for posting
30	32		notices of the meetings of the governing body of the political
31	33		subdivision that the authority serves. [For each precinct that is
32	34		combined to form a consolidated precinct under Section 42.008, not
33	35		later than the 10th day before election day, the authority shall
34	36		also post, at the polling place used in the preceding general
35	37		election, notice of the precinct's consolidation and the location
36	38		of the polling place in the consolidated precinct.] A notice posted
37	39		under this subsection must remain posted continuously through
38	40		election day.
39	41		SECTION 3. Section 4.004(d), Election Code, is amended to
40	42		read as follows:
41	43		(d) If precincts are assigned to a voting center
42	44		[consolidated] under Section 42.0052 [42.008], the notice must
43	45		state which precincts have been assigned [combined] to [form] each
44	46		voting center [consolidated precinct] in addition to the locations
45	47		of the voting centers [polling places in the consolidated
46	48		precincts].
47	49		SECTION 4. Sections 31.014(a) and (c), Election Code, are
48	50		amended to read as follows:
49	51		(a) The secretary of state shall prescribe specific
50	52		requirements and standards, consistent with this code, for the
51	53		certification of an electronic device used to accept voters under
52	54		Chapter 63 that require the device to:
53	55		(1) produce an electronic copy of the list of voters
54	56		who were accepted to vote for delivery to the election judge after
55	57		the polls close;
56	58		(2) display the voter's original signature in
57	59		accordance with Section 63.002;
58	60		(3) accept a voter for voting even when the device is
59	61		off-line;
60	62		(4) provide the full list of voters registered in the
61	63		county with an indication of the jurisdictional or distinguishing
62	64		number for each territorial unit in which each voter resides;
63	65		(5) time-stamp when each voter is accepted at a
64	66		polling place, including the voter's unique identifier;
65	67		(6) if the county [participates in the countywide
66	68		polling place program under Section 43.007 or] has more than one
67	69		early voting polling place, transmit a time stamp when each voter is
68	70		accepted, including the voter's unique identifier, to all polling
69	71		place locations;
70	72		(7) time-stamp the receipt of a transmission under
71	73		Subdivision (6); and
72	74		(8) produce in an electronic format compatible with
73	75		the statewide voter registration list under Section 18.061 data for
74	76		retention and transfer that includes:
75	77		(A) the polling location in which the device was
76	78		used;
77	79		(B) the dated time stamp under Subdivision (5);
78	80		and
79	81		(C) the dated time stamp under Subdivision (7).
80	82		(c) The secretary of state shall adopt rules that require a
81	83		device described by this section used during the early voting
82	84		period [or under the countywide polling place program under Section
83	85		43.007] to update data in real time. If a county uses a device that
84	86		does not comply with the rule in two consecutive general elections
85	87		for state and county officers, the secretary of state shall assess a
86	88		noncompliance fee. The noncompliance fee shall be set at an amount
87	89		determined by secretary of state rule.
88	90		SECTION 5. Section 32.003, Election Code, is amended to
89	91		read as follows:
90	92		Sec. 32.003. JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY
91	93		ELECTION PRECINCTS]. If election precincts are assigned to a
92	94		voting center [consolidated in a special election in which the
93	95		regular county election precincts are required to be used], the
94	96		commissioners court shall appoint the election judges to serve in
95	97		each voting center [consolidated precinct] from among the judges
96	98		appointed for the precincts assigned to the voting center
97	99		[comprising the consolidated precinct].
98	100		SECTION 6. Section 32.0511(d), Election Code, is amended to
99	101		read as follows:
100	102		(d) Not more than two student election clerks may serve at a
101	103		polling place[, except that not more than four student election
102	104		clerks may serve at any countywide polling place].
103	105		SECTION 7. Section 42.002(b), Election Code, is amended to
104	106		read as follows:
105	107		(b) Except as provided by Section 42.0052 [Sections 42.008
106	108		and 42.009], county election precincts may not be combined or
107	109		consolidated for an election.
108	110		SECTION 8. Section 42.005(a), Election Code, is amended to
109	111		read as follows:
110	112		(a) A county election precinct[, including a consolidated
111	113		precinct,] may not contain territory from more than one of each of
112	114		the following types of territorial units:
113	115		(1) a commissioners precinct;
114	116		(2) a justice precinct;
115	117		(3) a congressional district;
116	118		(4) a state representative district;
117	119		(5) a state senatorial district; or
118	120		(6) a State Board of Education district.
119	121		SECTION 9. Subchapter A, Chapter 42, Election Code, is
120	122		amended by adding Section 42.0052 to read as follows:
121	123		Sec. 42.0052. VOTING CENTERS. (a) The commissioners court
122	124		may create one or more voting centers in the county. Except as
123	125		provided by this section, a voting center is a polling place and is
124	126		subject to all laws applicable to a polling place.
125	127		(b) The commissioners court may assign one or more election
126	128		precincts to a voting center. A precinct that is assigned to a
127	129		voting center may not operate a separate polling place for the
128	130		precinct.
129	131		(c) Election precincts assigned to a voting center may not
130	132		serve a total of more than 5,000 registered voters.
131	133		(d) If the commissioners court creates more than one voting
132	134		center, the number of voters served by the smallest voting center in
133	135		the county may not be less than 95 percent of the number of voters
134	136		served by the largest voting center in the county.
135	137		SECTION 10. Section 42.006(a), Election Code, is amended to
136	138		read as follows:
137	139		(a) A [Except as provided by this section and Section
138	140		42.0051, a] county election precinct must contain at least 100 but
139	141		not more than 5,000 registered voters.
140	142		SECTION 11. Section 43.002(b), Election Code, is amended to
141	143		read as follows:
142	144		(b) If county election precincts are assigned to a voting
143	145		center under Section 42.0052 [consolidated], the commissioners
144	146		court shall designate the location of the voting center [polling
145	147		place for the consolidated precinct].
146	148		SECTION 12. Section 43.003, Election Code, is amended to
147	149		read as follows:
148	150		Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.
149	151		The county chair of a political party holding a primary election
150	152		shall designate the location of the polling place for each election
151	153		precinct in the primary unless the precinct is one that is assigned
152	154		to a voting center under Section 42.0052 [consolidated]. In that
153	155		case, the county executive committee shall designate the location
154	156		of the voting center.
155	157		SECTION 13. Section 85.061(b), Election Code, is amended to
156	158		read as follows:
157	159		(b) The [In an election in which a temporary branch polling
158	160		place is established under Section 85.062(a)(1) or (d), the]
159	161		commissioners court may provide by resolution, order, or other
160	162		official action that any one or more of the county clerk's regularly
161	163		maintained branch clerical offices are not to be branch early
162	164		voting polling places in the election.
163	165		SECTION 14. Section 85.062(a), Election Code, is amended to
164	166		read as follows:
165	167		(a) Early [Except as provided by Subsection (d) or (e), one
166	168		or more early] voting polling places other than the main early
167	169		voting polling place shall [may] be established at each location
168	170		where voting will take place on election day by:
169	171		(1) the commissioners court, for an election in which
170	172		the county clerk is the early voting clerk; or
171	173		(2) the governing body of the political subdivision
172	174		served by the authority ordering the election, for an election in
173	175		which a person other than the county clerk is the early voting
174	176		clerk.
175	177		SECTION 15. Section 172.1112(a), Election Code, is amended
176	178		to read as follows:
177	179		(a) The county clerk shall post a notice of the election and
178	180		a notice of voting center locations [consolidated precincts], if
179	181		applicable, in the manner prescribed by Section 4.003(b) for
180	182		general and special elections. The notice of the election shall be
181	183		posted on the county's Internet website, if the county maintains a
182	184		website. If the county does not maintain a website, the notice
183	185		shall be posted on the bulletin board used for posting notice of
184	186		meetings of the commissioners court.
185	187		SECTION 16. Sections 172.126(b) and (c), Election Code, are
186	188		amended to read as follows:
187	189		(b) The county clerk shall determine whether to assign
188	190		[consolidate] election precincts to a voting center under Section
189	191		42.0052 [42.009] and shall designate the location of the voting
190	192		center [polling place in a consolidated precinct]. To the extent
191	193		possible, a polling place shall be designated that will accommodate
192	194		the precinct conventions of each political party. If a polling
193	195		place or voting center[, whether for a regular or consolidated
194	196		precinct,] is not suitable for more than one precinct convention,
195	197		the polling place may be used by the party whose candidate for
196	198		governor received the most votes in the county in the most recent
197	199		gubernatorial general election.
198	200		(c) One set of election officers shall conduct the primary
199	201		elections at each polling place. Not later than the second Monday
200	202		in December preceding the primary elections, each county chair
201	203		shall deliver to the county clerk a list of the names of the
202	204		election judges and clerks for that party. The presiding judge of
203	205		each party, or alternate judge if applicable, serves as a co-judge
204	206		for the precinct. If an eligible presiding co-judge and alternate
205	207		co-judge cannot be found to serve for a particular party in a
206	208		precinct, a joint primary may not be conducted in that precinct, and
207	209		that precinct must be assigned to a voting center [consolidated
208	210		with another precinct] that has an eligible presiding co-judge and
209	211		alternate co-judge to serve for each party. The county clerk shall
210	212		appoint the election clerks in accordance with rules prescribed by
211	213		the secretary of state. The secretary of state shall prescribe the
212	214		maximum number of clerks that may be appointed for each precinct.
213	215		The early voting ballot board and any central counting station
214	216		shall also be composed of and administered by one set of election
215	217		officers that provides representation for each party, and the
216	218		secretary of state by rule shall prescribe procedures consistent
217	219		with this subsection for the appointment of those officers.
218	220		SECTION 17. Section 172.128(c), Election Code, is amended
219	221		to read as follows:
220	222		(c) The county clerk may assign [combine] voting precincts
221	223		for an election held under this section to voting centers to the
222	224		extent necessary to adequately serve the voters.
223	225		SECTION 18. Section 173.007(c), Election Code, is amended
224	226		to read as follows:
225	227		(c) Rules adopted under this section do not limit a
226	228		political party's authority under this code to assign [consolidate]
227	229		election precincts to a voting center for a primary election.
228	230		SECTION 19. Section 173.081(f), Election Code, is amended
229	231		to read as follows:
230	232		(f) A statement submitted by a county chair must also
231	233		include a notice of the county election precincts to be assigned to
232	234		a voting center [consolidated] for the election, if any.
233	235		SECTION 20. The following provisions of the Election Code
234	236		are repealed:
235	237		(1) Section 4.003(e);
236	238		(2) Section 32.002(c-1);
237	239		(3) Section 42.0051;
238	240		(4) Section 42.008;
239	241		(5) Section 42.009;
240	242		(6) Section 43.004(c);
241	243		(7) Section 43.007;
242	244		(8) Sections 85.062(b), (d), (f), and (f-1);
243	245		(9) Section 85.064(d); and
244	246		(10) Section 85.066.
245	247		SECTION 21. This Act applies only to an election ordered on
246	248		or after the effective date of this Act.
247	249		SECTION 22. This Act takes effect September 1, 2025.