Texas 2025 - 89th Regular

Texas House Bill HB4728 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12805 MPF-D
2	2	By: Hopper H.B. No. 4728
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the elimination of electronic poll lists and the
10	10	countywide polling place program and to the required use of
11	11	hand-marked paper ballots for all elections.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 32.0511(d), Election Code, is amended to
14	14	read as follows:
15	15	(d) Not more than two student election clerks may serve at a
16	16	polling place[, except that not more than four student election
17	17	clerks may serve at any countywide polling place].
18	18	SECTION 2. Section 32.091(b), Election Code, is amended to
19	19	read as follows:
20	20	(b) A judge or clerk may not be paid for more than two hours
21	21	of work before the polls open, except for payment made for work
22	22	under Section 62.014(c). [In a precinct in which voting machines
23	23	are used, a judge or clerk may not be paid for more than two hours of
24	24	work after the time for closing the polls or after the last voter
25	25	has voted, whichever is later.]
26	26	SECTION 3. Section 33.054(b), Election Code, is amended to
27	27	read as follows:
28	28	(b) A watcher serving at the meeting place of an early
29	29	voting ballot board may not leave during voting hours on election
30	30	day without the presiding judge's permission if the board has
31	31	[recorded any votes cast on voting machines or] counted any
32	32	ballots, unless the board has completed its duties and has been
33	33	dismissed by the presiding judge.
34	34	SECTION 4. Section 42.0051(a), Election Code, is amended to
35	35	read as follows:
36	36	(a) This section applies only to a county with a population
37	37	of less than 1.2 million [that does not participate in the
38	38	countywide polling place program described by Section 43.007].
39	39	SECTION 5. Section 52.075, Election Code, is amended to
40	40	read as follows:
41	41	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
42	42	SYSTEMS. (a) The secretary of state may prescribe the form and
43	43	content of a ballot for an election using a voting system, including
44	44	an electronic voting system [or a voting system that uses direct
45	45	recording electronic voting machines or ballot marking devices], to
46	46	conform to the formatting requirements of the system.
47	47	(b) In this section, ["ballot marking device," "direct
48	48	recording electronic voting machine,"] "electronic voting
49	49	system[,]" and "voting system" have the meanings assigned by
50	50	Section 121.003.
51	51	SECTION 6. Section 62.0115(b), Election Code, is amended to
52	52	read as follows:
53	53	(b) Except as revised by the secretary of state under
54	54	Subsection (d), the notice must state that a voter has the right to:
55	55	(1) vote a ballot and view written instructions on how
56	56	to cast a ballot;
57	57	(2) vote in secret and free from intimidation;
58	58	(3) receive up to two additional ballots if the voter
59	59	mismarks, damages, or otherwise spoils a ballot;
60	60	(4) request instructions on how to cast a ballot, but
61	61	not to receive suggestions on how to vote;
62	62	(5) bring an interpreter to translate the ballot and
63	63	any instructions from election officials;
64	64	(6) receive assistance in casting the ballot if the
65	65	voter:
66	66	(A) has a physical disability that renders the
67	67	voter unable to write or see; or
68	68	(B) cannot read the language in which the ballot
69	69	is written;
70	70	(7) cast a ballot on executing an affidavit as
71	71	provided by law, if the voter's eligibility to vote is questioned;
72	72	(8) report an existing or potential abuse of voting
73	73	rights to the secretary of state or the local election official; and
74	74	(9) [except as provided by Section 85.066(b), Election
75	75	Code, vote at any early voting location in the county in which the
76	76	voter resides in an election held at county expense, a primary
77	77	election, or a special election ordered by the governor; and
78	78	[(10)] file an administrative complaint with the
79	79	secretary of state concerning a violation of federal or state
80	80	voting procedures.
81	81	SECTION 7. Chapter 63, Election Code, is amended by adding
82	82	Section 63.0016 to read as follows:
83	83	Sec. 63.0016. USE OF ELECTRONIC DEVICES TO ACCEPT VOTERS
84	84	PROHIBITED. The use of an electronic device to accept voters under
85	85	this chapter is prohibited.
86	86	SECTION 8. Section 68.032(a), Election Code, is amended to
87	87	read as follows:
88	88	(a) In precincts using paper ballots [, voting machines,] or
89	89	electronic voting system ballot counters, the copy of the returns
90	90	required to be delivered to the county clerk shall be delivered not
91	91	later than two hours, or as soon thereafter as practicable, after
92	92	the closing of the polls or after the last person voted, whichever
93	93	is later.
94	94	SECTION 9. Section 85.002(b), Election Code, is amended to
95	95	read as follows:
96	96	(b) The [In an election in which a county clerk or city
97	97	secretary is the early voting clerk under Section 83.002 or 83.005,
98	98	the] main early voting polling place shall be located in a location
99	99	where voting will take place on election day [any room] selected by
100	100	the early voting clerk [in the building that houses the main
101	101	business office of the county clerk or city secretary, as
102	102	applicable. However, if the commissioners court or city governing
103	103	body determines that locating the polling place in that building is
104	104	impracticable, the commissioners court or city governing body may
105	105	designate a different location in the city in which the business
106	106	office is located that is as near as practicable to the business
107	107	office].
108	108	SECTION 10. Section 85.003, Election Code, is amended to
109	109	read as follows:
110	110	Sec. 85.003. VOTERS SERVED BY EARLY VOTING [MAIN] POLLING
111	111	PLACE. Any person entitled to vote an early voting ballot by
112	112	personal appearance may do so at the main or branch early voting
113	113	polling place located in the county election precinct in which the
114	114	person resides.
115	115	SECTION 11. Section 85.062(a), Election Code, is amended to
116	116	read as follows:
117	117	(a) Early [Except as provided by Subsection (d) or (e), one
118	118	or more early] voting polling places other than the main early
119	119	voting polling place shall [may] be established at each location
120	120	where voting will take place on election day, except for the
121	121	location selected as the main early voting polling place under
122	122	Section 85.002(b), by:
123	123	(1) the county clerk [commissioners court, for an
124	124	election in which the county clerk is the early voting clerk]; or
125	125	(2) the governing body of the political subdivision
126	126	served by the authority ordering the election, for an election in
127	127	which a person other than the county clerk is the early voting
128	128	clerk.
129	129	SECTION 12. Section 85.064(d), Election Code, is amended to
130	130	read as follows:
131	131	(d) The authority authorized under Section 85.006 to order
132	132	early voting on a Saturday or Sunday may also order, in the manner
133	133	prescribed by that section, early voting to be conducted on a
134	134	Saturday or Sunday at any one or more of the temporary branch
135	135	polling places. [In addition, the early voting clerk shall order
136	136	such voting in accordance with Section 85.006(e) at each temporary
137	137	branch polling place established under Section 85.062(d).]
138	138	SECTION 13. Sections 85.071(a) and (b), Election Code, are
139	139	amended to read as follows:
140	140	(a) During the period for early voting by personal
141	141	appearance, the ballots voted at a branch polling place [, other
142	142	than those cast on a voting machine,] shall be:
143	143	(1) retained securely at the branch polling place in a
144	144	locked room accessible only to election officers; or
145	145	(2) delivered by an election officer or designated law
146	146	enforcement officer to the main early voting polling place at the
147	147	close of voting each day.
148	148	(b) The unvoted ballots at the branch polling place [, other
149	149	than voting machine ballots,] shall be retained or delivered with
150	150	the voted ballots but in a separate locked container.
151	151	SECTION 14. Section 87.022, Election Code, is amended to
152	152	read as follows:
153	153	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
154	154	provided by Section 87.0221, 87.0222, or 87.023, [or 87.024,] the
155	155	materials shall be delivered to the early voting ballot board under
156	156	this subchapter during the time the polls are open on election day,
157	157	or as soon after the polls close as practicable, at the time or
158	158	times specified by the presiding judge of the board.
159	159	SECTION 15. Subchapter A, Chapter 123, Election Code, is
160	160	amended by adding Section 123.010 to read as follows:
161	161	Sec. 123.010. CERTAIN ELECTRONIC VOTING SYSTEMS
162	162	PROHIBITED. An authority holding elections in this state may only
163	163	adopt a voting system that requires hand-marked paper ballots for
164	164	all elections.
165	165	SECTION 16. Section 125.001, Election Code, is amended to
166	166	read as follows:
167	167	Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING
168	168	PLACES. The authority responsible for allocating election
169	169	supplies among the polling places for an election shall determine
170	170	the number of [voting machines or] units of [other] voting system
171	171	equipment to be installed at each polling place based on:
172	172	(1) the number of votes cast at the polling place in
173	173	previous, similar elections;
174	174	(2) the number of registered voters eligible to vote
175	175	at a polling place;
176	176	(3) the number of units of equipment available; and
177	177	(4) any other factors the authority determines are
178	178	relevant.
179	179	SECTION 17. Section 145.098(a), Election Code, is amended
180	180	to read as follows:
181	181	(a) If a candidate files a withdrawal request after the
182	182	deadline prescribed by Section 145.092, and the candidate complies
183	183	with each requirement under Section 145.001 except that the
184	184	candidate's filing to withdraw is untimely, the authority
185	185	responsible for preparing the ballots may choose to omit the
186	186	candidate from the ballot if at the time the candidate files the
187	187	withdrawal request[:
188	188	[(1)] the ballots have not been prepared[; and
189	189	[(2) if using a voting system to which Chapter 129
190	190	applies, public notice of the test of logic and accuracy has not
191	191	been published].
192	192	SECTION 18. Section 213.007(a), Election Code, is amended
193	193	to read as follows:
194	194	(a) On presentation by a recount committee chair of a
195	195	written order signed by the recount supervisor, the custodian of
196	196	voted ballots [, voting machines] or test materials or programs
197	197	used in counting electronic voting system ballots shall make the
198	198	ballots [, machines,] or materials or programs, including the
199	199	records from which the operation of the voting system may be
200	200	audited, available to the committee.
201	201	SECTION 19. Section 221.008, Election Code, is amended to
202	202	read as follows:
203	203	Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND
204	204	EQUIPMENT. A tribunal hearing an election contest may cause
205	205	secured ballot boxes [, voting machines,] or other equipment used
206	206	in the election to be unsecured to determine the correct vote count
207	207	or any other fact that the tribunal considers pertinent to a fair
208	208	and just disposition of the contest.
209	209	SECTION 20. Section 292.001(a), Local Government Code, is
210	210	amended to read as follows:
211	211	(a) The commissioners court of a county may purchase,
212	212	construct, or provide by other means, including a lease or a lease
213	213	with an option to purchase, or may reconstruct, improve, or equip a
214	214	building or rooms, other than the courthouse, for the housing of
215	215	county or district offices, county or district courts, justice of
216	216	the peace courts, county records or equipment [(including voting
217	217	machines)], or county jail facilities, or for the conducting of
218	218	other public business, if the commissioners court determines that
219	219	the additional building or rooms are necessary. The commissioners
220	220	court may purchase and improve the necessary site for the building
221	221	or rooms.
222	222	SECTION 21. (a) The following provisions of the Election
223	223	Code are repealed:
224	224	(1) Section 31.014;
225	225	(2) Section 32.002(c-1);
226	226	(3) Section 43.004(c);
227	227	(4) Section 43.007;
228	228	(5) Sections 61.002(a), (c), and (d);
229	229	(6) Section 63.002(d);
230	230	(7) Section 63.003(d);
231	231	(8) Section 63.004(e);
232	232	(9) Section 66.058(g);
233	233	(10) Sections 85.002(c) and (d);
234	234	(11) Section 85.033;
235	235	(12) Section 85.061;
236	236	(13) Sections 85.062(b), (d), (f), and (f-1);
237	237	(14) Section 85.066;
238	238	(15) Section 87.024;
239	239	(16) Chapter 104;
240	240	(17) Section 112.009;
241	241	(18) Section 112.010;
242	242	(19) Sections 121.003(3), (6), (7), (8), (12), and
243	243	(13);
244	244	(20) Section 122.033;
245	245	(21) Section 125.007;
246	246	(22) Section 127.201(g);
247	247	(23) Chapter 129;
248	248	(24) Section 212.134(b); and
249	249	(25) Section 213.016.
250	250	(b) Section 33.05, Penal Code, is repealed.
251	251	SECTION 22. (a) The change in law made by this Act to
252	252	Section 221.008, Election Code, applies only to an election contest
253	253	filed on or after the effective date of this Act. An election
254	254	contest filed before the effective date of this Act is governed by
255	255	the law as it existed immediately before the effective date of this
256	256	Act, and that law is continued in effect for that purpose.
257	257	(b) The change in law made by this Act in repealing Section
258	258	33.05, Penal Code, applies only to an offense committed on or after
259	259	the effective date of this Act. An offense committed before the
260	260	effective date of this Act is governed by the law in effect when the
261	261	offense was committed, and the former law is continued in effect for
262	262	that purpose. For purposes of this subsection, an offense was
263	263	committed before the effective date of this Act if any element of
264	264	the offense occurred before that date.
265	265	SECTION 23. The changes in law made by this Act apply to an
266	266	election ordered on or after the effective date of this Act.
267	267	SECTION 24. This Act takes effect September 1, 2025.