89R13576 MLH-D
By: Hall S.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to the location of polling places during early voting and
on election day.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.005, Election Code, is amended by
adding Subdivision (21-a) to read as follows:
(21-a) "Voting center" means a polling place created
under Section 42.0052.
SECTION 2. Section 4.003(b), Election Code, is amended to
read as follows:
(b) In addition to any other notice given for an election
under Subsection (a), not later than the 21st day before election
day, a county shall post a copy of a notice of the election given by
the county or provided to the county under Section 4.008(a), which
must include the location of each polling place, on the county's
Internet website, if the county maintains a website. For each
voting center created under Section 42.0052, the notice must
include the location of the voting center and the precincts
assigned to that voting center. An authority responsible for
giving notice of an election may post a copy of the notice on the
bulletin board used for posting notices of the meetings of the
governing body of the political subdivision that the authority
serves. If a county does not maintain a website, the authority
responsible for giving notice of the election shall post a copy of a
notice of the election on the bulletin board used for posting
notices of the meetings of the governing body of the political
subdivision that the authority serves. [For each precinct that is
combined to form a consolidated precinct under Section 42.008, not
later than the 10th day before election day, the authority shall
also post, at the polling place used in the preceding general
election, notice of the precinct's consolidation and the location
of the polling place in the consolidated precinct.] A notice
posted under this subsection must remain posted continuously
through election day.
SECTION 3. Section 4.004(d), Election Code, is amended to
read as follows:
(d) If precincts are assigned to a voting center
[consolidated] under Section 42.0052 [42.008], the notice must
state which precincts have been assigned [combined] to [form] each
voting center [consolidated precinct] in addition to the locations
of the voting centers [polling places in the consolidated
precincts].
SECTION 4. 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 [participates in the countywide
polling 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 under the countywide polling 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 5. Section 32.003, Election Code, is amended to
read as follows:
Sec. 32.003. JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY
ELECTION PRECINCTS]. If election precincts are assigned to a
voting center [consolidated in a special election in which the
regular county election precincts are required to be used], the
commissioners court shall appoint the election judges to serve in
each voting center [consolidated precinct] from among the judges
appointed for the precincts assigned to the voting center
[comprising the consolidated precinct].
SECTION 6. 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 7. Section 42.002(b), Election Code, is amended to
read as follows:
(b) Except as provided by Section 42.0052 [Sections 42.008
and 42.009], county election precincts may not be combined or
consolidated for an election.
SECTION 8. Section 42.005(a), Election Code, is amended to
read as follows:
(a) A county election precinct[, including a consolidated
precinct,] may not contain territory from more than one of each of
the following types of territorial units:
(1) a commissioners precinct;
(2) a justice precinct;
(3) a congressional district;
(4) a state representative district;
(5) a state senatorial district; or
(6) a State Board of Education district.
SECTION 9. Subchapter A, Chapter 42, Election Code, is
amended by adding Section 42.0052 to read as follows:
Sec. 42.0052. VOTING CENTERS. (a) The commissioners court
may create one or more voting centers in the county. Except as
provided by this section, a voting center is a polling place and is
subject to all laws applicable to a polling place.
(b) The commissioners court may assign one or more election
precincts to a voting center. A precinct that is assigned to a
voting center may not operate a separate polling place for the
precinct.
(c) Election precincts assigned to a voting center may not
serve a total of more than 5,000 registered voters.
(d) If the commissioners court creates more than one voting
center, the number of voters served by the smallest voting center in
the county may not be less than 95 percent of the number of voters
served by the largest voting center in the county.
SECTION 10. Section 42.006(a), Election Code, is amended to
read as follows:
(a) A [Except as provided by this section and Section
42.0051, a] county election precinct must contain at least 100 but
not more than 5,000 registered voters.
SECTION 11. Section 43.002(b), Election Code, is amended to
read as follows:
(b) If county election precincts are assigned to a voting
center under Section 42.0052 [consolidated], the commissioners
court shall designate the location of the voting center [polling
place for the consolidated precinct].
SECTION 12. Section 43.003, Election Code, is amended to
read as follows:
Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.
The county chair of a political party holding a primary election
shall designate the location of the polling place for each election
precinct in the primary unless the precinct is one that is assigned
to a voting center under Section 42.0052 [consolidated]. In that
case, the county executive committee shall designate the location
of the voting center.
SECTION 13. Section 85.061(b), Election Code, is amended to
read as follows:
(b) The [In an election in which a temporary branch polling
place is established under Section 85.062(a)(1) or (d), the]
commissioners court may provide by resolution, order, or other
official action that any one or more of the county clerk's regularly
maintained branch clerical offices are not to be branch early
voting polling places in the election.
SECTION 14. 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 by:
(1) the 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 15. Section 172.1112(a), Election Code, is amended
to read as follows:
(a) The county clerk shall post a notice of the election and
a notice of voting center locations [consolidated precincts], if
applicable, in the manner prescribed by Section 4.003(b) for
general and special elections. The notice of the election shall be
posted on the county's Internet website, if the county maintains a
website. If the county does not maintain a website, the notice
shall be posted on the bulletin board used for posting notice of
meetings of the commissioners court.
SECTION 16. Sections 172.126(b) and (c), Election Code, are
amended to read as follows:
(b) The county clerk shall determine whether to assign
[consolidate] election precincts to a voting center under Section
42.0052 [42.009] and shall designate the location of the voting
center [polling place in a consolidated precinct]. To the extent
possible, a polling place shall be designated that will accommodate
the precinct conventions of each political party. If a polling
place or voting center[, whether for a regular or consolidated
precinct,] is not suitable for more than one precinct convention,
the polling place may be used by the party whose candidate for
governor received the most votes in the county in the most recent
gubernatorial general election.
(c) One set of election officers shall conduct the primary
elections at each polling place. Not later than the second Monday
in December preceding the primary elections, each county chair
shall deliver to the county clerk a list of the names of the
election judges and clerks for that party. The presiding judge of
each party, or alternate judge if applicable, serves as a co-judge
for the precinct. If an eligible presiding co-judge and alternate
co-judge cannot be found to serve for a particular party in a
precinct, a joint primary may not be conducted in that precinct, and
that precinct must be assigned to a voting center [consolidated
with another precinct] that has an eligible presiding co-judge and
alternate co-judge to serve for each party. The county clerk shall
appoint the election clerks in accordance with rules prescribed by
the secretary of state. The secretary of state shall prescribe the
maximum number of clerks that may be appointed for each precinct.
The early voting ballot board and any central counting station
shall also be composed of and administered by one set of election
officers that provides representation for each party, and the
secretary of state by rule shall prescribe procedures consistent
with this subsection for the appointment of those officers.
SECTION 17. Section 172.128(c), Election Code, is amended
to read as follows:
(c) The county clerk may assign [combine] voting precincts
for an election held under this section to voting centers to the
extent necessary to adequately serve the voters.
SECTION 18. Section 173.007(c), Election Code, is amended
to read as follows:
(c) Rules adopted under this section do not limit a
political party's authority under this code to assign [consolidate]
election precincts to a voting center for a primary election.
SECTION 19. Section 173.081(f), Election Code, is amended
to read as follows:
(f) A statement submitted by a county chair must also
include a notice of the county election precincts to be assigned to
a voting center [consolidated] for the election, if any.
SECTION 20. The following provisions of the Election Code
are repealed:
(1) Section 4.003(e);
(2) Section 32.002(c-1);
(3) Section 42.0051;
(4) Section 42.008;
(5) Section 42.009;
(6) Section 43.004(c);
(7) Section 43.007;
(8) Sections 85.062(b), (d), (f), and (f-1);
(9) Section 85.064(d); and
(10) Section 85.066.
SECTION 21. This Act applies only to an election ordered on
or after the effective date of this Act.
SECTION 22. This Act takes effect September 1, 2025.