89R12805 MPF-D
By: Hopper H.B. No. 4728
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of electronic poll lists and the
countywide polling place program and to the required use of
hand-marked paper ballots for all elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0511(d), Election Code, is amended to
read as follows:
(d) Not more than two student election clerks may serve at a
polling place[, except that not more than four student election
clerks may serve at any countywide polling place].
SECTION 2. Section 32.091(b), Election Code, is amended to
read as follows:
(b) A judge or clerk may not be paid for more than two hours
of work before the polls open, except for payment made for work
under Section 62.014(c). [In a precinct in which voting machines
are used, a judge or clerk may not be paid for more than two hours of
work after the time for closing the polls or after the last voter
has voted, whichever is later.]
SECTION 3. Section 33.054(b), Election Code, is amended to
read as follows:
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
[recorded any votes cast on voting machines or] counted any
ballots, unless the board has completed its duties and has been
dismissed by the presiding judge.
SECTION 4. 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 participate in the
countywide polling place program described by Section 43.007].
SECTION 5. Section 52.075, Election Code, is amended to
read as follows:
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
SYSTEMS. (a) The secretary of state may prescribe the form and
content of a ballot for an election using a voting system, including
an electronic voting system [or a voting system that uses direct
recording electronic voting machines or ballot marking devices], to
conform to the formatting requirements of the system.
(b) In this section, ["ballot marking device," "direct
recording electronic voting machine,"] "electronic voting
system[,]" and "voting system" have the meanings assigned by
Section 121.003.
SECTION 6. Section 62.0115(b), Election Code, is amended to
read as follows:
(b) Except as revised by the secretary of state under
Subsection (d), the notice must state that a voter has the right to:
(1) vote a ballot and view written instructions on how
to cast a ballot;
(2) vote in secret and free from intimidation;
(3) receive up to two additional ballots if the voter
mismarks, damages, or otherwise spoils a ballot;
(4) request instructions on how to cast a ballot, but
not to receive suggestions on how to vote;
(5) bring an interpreter to translate the ballot and
any instructions from election officials;
(6) receive assistance in casting the ballot if the
voter:
(A) has a physical disability that renders the
voter unable to write or see; or
(B) cannot read the language in which the ballot
is written;
(7) cast a ballot on executing an affidavit as
provided by law, if the voter's eligibility to vote is questioned;
(8) report an existing or potential abuse of voting
rights to the secretary of state or the local election official; and
(9) [except as provided by Section 85.066(b), Election
Code, vote at any early voting location in the county in which the
voter resides in an election held at county expense, a primary
election, or a special election ordered by the governor; and
[(10)] file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures.
SECTION 7. Chapter 63, Election Code, is amended by adding
Section 63.0016 to read as follows:
Sec. 63.0016. USE OF ELECTRONIC DEVICES TO ACCEPT VOTERS
PROHIBITED. The use of an electronic device to accept voters under
this chapter is prohibited.
SECTION 8. Section 68.032(a), Election Code, is amended to
read as follows:
(a) In precincts using paper ballots [, voting machines,] or
electronic voting system ballot counters, the copy of the returns
required to be delivered to the county clerk shall be delivered not
later than two hours, or as soon thereafter as practicable, after
the closing of the polls or after the last person voted, whichever
is later.
SECTION 9. Section 85.002(b), Election Code, is amended to
read as follows:
(b) The [In an election in which a county clerk or city
secretary is the early voting clerk under Section 83.002 or 83.005,
the] main early voting polling place shall be located in a location
where voting will take place on election day [any room] selected by
the early voting clerk [in the building that houses the main
business office of the county clerk or city secretary, as
applicable. However, if the commissioners court or city governing
body determines that locating the polling place in that building is
impracticable, the commissioners court or city governing body may
designate a different location in the city in which the business
office is located that is as near as practicable to the business
office].
SECTION 10. Section 85.003, Election Code, is amended to
read as follows:
Sec. 85.003. VOTERS SERVED BY EARLY VOTING [MAIN] POLLING
PLACE. Any person entitled to vote an early voting ballot by
personal appearance may do so at the main or branch early voting
polling place located in the county election precinct in which the
person resides.
SECTION 11. Section 85.062(a), Election Code, is amended to
read as follows:
(a) Early [Except as provided by Subsection (d) or (e), one
or more early] voting polling places other than the main early
voting polling place shall [may] be established at each location
where voting will take place on election day, except for the
location selected as the main early voting polling place under
Section 85.002(b), by:
(1) the county clerk [commissioners court, for an
election in which the county clerk is the early voting clerk]; or
(2) the governing body of the political subdivision
served by the authority ordering the election, for an election in
which a person other than the county clerk is the early voting
clerk.
SECTION 12. Section 85.064(d), Election Code, is amended to
read as follows:
(d) The authority authorized under Section 85.006 to order
early voting on a Saturday or Sunday may also order, in the manner
prescribed by that section, early voting to be conducted on a
Saturday or Sunday at any one or more of the temporary branch
polling places. [In addition, the early voting clerk shall order
such voting in accordance with Section 85.006(e) at each temporary
branch polling place established under Section 85.062(d).]
SECTION 13. Sections 85.071(a) and (b), Election Code, are
amended to read as follows:
(a) During the period for early voting by personal
appearance, the ballots voted at a branch polling place [, other
than those cast on a voting machine,] shall be:
(1) retained securely at the branch polling place in a
locked room accessible only to election officers; or
(2) delivered by an election officer or designated law
enforcement officer to the main early voting polling place at the
close of voting each day.
(b) The unvoted ballots at the branch polling place [, other
than voting machine ballots,] shall be retained or delivered with
the voted ballots but in a separate locked container.
SECTION 14. Section 87.022, Election Code, is amended to
read as follows:
Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Section 87.0221, 87.0222, or 87.023, [or 87.024,] the
materials shall be delivered to the early voting ballot board under
this subchapter during the time the polls are open on election day,
or as soon after the polls close as practicable, at the time or
times specified by the presiding judge of the board.
SECTION 15. Subchapter A, Chapter 123, Election Code, is
amended by adding Section 123.010 to read as follows:
Sec. 123.010. CERTAIN ELECTRONIC VOTING SYSTEMS
PROHIBITED. An authority holding elections in this state may only
adopt a voting system that requires hand-marked paper ballots for
all elections.
SECTION 16. Section 125.001, Election Code, is amended to
read as follows:
Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING
PLACES. The authority responsible for allocating election
supplies among the polling places for an election shall determine
the number of [voting machines or] units of [other] voting system
equipment to be installed at each polling place based on:
(1) the number of votes cast at the polling place in
previous, similar elections;
(2) the number of registered voters eligible to vote
at a polling place;
(3) the number of units of equipment available; and
(4) any other factors the authority determines are
relevant.
SECTION 17. Section 145.098(a), Election Code, is amended
to read as follows:
(a) If a candidate files a withdrawal request after the
deadline prescribed by Section 145.092, and the candidate complies
with each requirement under Section 145.001 except that the
candidate's filing to withdraw is untimely, the authority
responsible for preparing the ballots may choose to omit the
candidate from the ballot if at the time the candidate files the
withdrawal request[:
[(1)] the ballots have not been prepared[; and
[(2) if using a voting system to which Chapter 129
applies, public notice of the test of logic and accuracy has not
been published].
SECTION 18. Section 213.007(a), Election Code, is amended
to read as follows:
(a) On presentation by a recount committee chair of a
written order signed by the recount supervisor, the custodian of
voted ballots [, voting machines] or test materials or programs
used in counting electronic voting system ballots shall make the
ballots [, machines,] or materials or programs, including the
records from which the operation of the voting system may be
audited, available to the committee.
SECTION 19. Section 221.008, Election Code, is amended to
read as follows:
Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND
EQUIPMENT. A tribunal hearing an election contest may cause
secured ballot boxes [, voting machines,] or other equipment used
in the election to be unsecured to determine the correct vote count
or any other fact that the tribunal considers pertinent to a fair
and just disposition of the contest.
SECTION 20. Section 292.001(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county may purchase,
construct, or provide by other means, including a lease or a lease
with an option to purchase, or may reconstruct, improve, or equip a
building or rooms, other than the courthouse, for the housing of
county or district offices, county or district courts, justice of
the peace courts, county records or equipment [(including voting
machines)], or county jail facilities, or for the conducting of
other public business, if the commissioners court determines that
the additional building or rooms are necessary. The commissioners
court may purchase and improve the necessary site for the building
or rooms.
SECTION 21. (a) The following provisions of the Election
Code are repealed:
(1) Section 31.014;
(2) Section 32.002(c-1);
(3) Section 43.004(c);
(4) Section 43.007;
(5) Sections 61.002(a), (c), and (d);
(6) Section 63.002(d);
(7) Section 63.003(d);
(8) Section 63.004(e);
(9) Section 66.058(g);
(10) Sections 85.002(c) and (d);
(11) Section 85.033;
(12) Section 85.061;
(13) Sections 85.062(b), (d), (f), and (f-1);
(14) Section 85.066;
(15) Section 87.024;
(16) Chapter 104;
(17) Section 112.009;
(18) Section 112.010;
(19) Sections 121.003(3), (6), (7), (8), (12), and
(13);
(20) Section 122.033;
(21) Section 125.007;
(22) Section 127.201(g);
(23) Chapter 129;
(24) Section 212.134(b); and
(25) Section 213.016.
(b) Section 33.05, Penal Code, is repealed.
SECTION 22. (a) The change in law made by this Act to
Section 221.008, Election Code, applies only to an election contest
filed on or after the effective date of this Act. An election
contest filed before the effective date of this Act is governed by
the law as it existed immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
(b) The change in law made by this Act in repealing Section
33.05, Penal Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this subsection, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 23. The changes in law made by this Act apply to an
election ordered on or after the effective date of this Act.
SECTION 24. This Act takes effect September 1, 2025.