Texas 2025 - 89th Regular

Texas Senate Bill SB2753 Compare Versions

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1	1	By: Hall S.B. No. 2753
2	2	(In the Senate - Filed March 14, 2025; April 3, 2025, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 22, 2025, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 1, 1 present not
6	6	voting; April 22, 2025, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 2753 By: Hall
9	9
10	10
11	11
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	relating to the integration of early voting by personal appearance
16	16	and election day voting, including the manner in which election
17	17	returns are processed and other related changes.
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19	19	SECTION 1. Section 12.004(d), Election Code, is amended to
20	20	read as follows:
21	21	(d) If early voting by personal appearance is required to be
22	22	conducted for extended hours under Section 85.005(c) [or for
23	23	weekend hours under Section 85.006(e)], the registrar's office
24	24	shall remain open for providing voter registration information
25	25	during the extended hours [or weekend hours] that the main early
26	26	voting polling place is open for voting.
27	27	SECTION 2. Section 19.004(a), Election Code, is amended to
28	28	read as follows:
29	29	(a) Except as provided by Subsection (d), state funds
30	30	disbursed under this chapter may be used only to:
31	31	(1) defray expenses of the registrar's office in
32	32	connection with voter registration, including additional expenses
33	33	related to:
34	34	(A) implementation of the National Voter
35	35	Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);
36	36	(B) complying with weekly updating requirements;
37	37	and
38	38	(C) the employment of temporary voter
39	39	registration personnel for not more than 39 weeks in a state fiscal
40	40	year; and
41	41	(2) if the registrar's county has a population of less
42	42	than 55,000, defray the cost to the registrar's county of keeping
43	43	the polling places in the county open during the early voting period
44	44	as required under Section [Sections] 85.005(c)[, 85.006(e), and
45	45	85.064(d)].
46	46	SECTION 3. Section 42.0051, Election Code, is amended to
47	47	read as follows:
48	48	Sec. 42.0051. COMBINING CERTAIN PRECINCTS. (a) If changes
49	49	in county election precinct boundaries to give effect to a
50	50	redistricting plan result in county election precincts with fewer
51	51	than 5,000 registered voters, a commissioners court for a general
52	52	or special election, or for a primary election, the county
53	53	executive committee of a political party conducting a primary
54	54	election, may combine county election precincts notwithstanding
55	55	Section 42.005 to avoid unreasonable expenditures for election
56	56	equipment, supplies, and personnel [This section applies only to a
57	57	county with a population of less than 1.2 million that does not
58	58	participate in the countywide polling place program described by
59	59	Section 43.007].
60	60	(b) A combined precinct under Subsection (a) is subject to
61	61	the maximum population prescribed for a precinct under Section
62	62	42.006.
63	63	(c) [(a-1)] In a primary election, the county executive
64	64	committee of a political party conducting the primary election, or
65	65	for a general or special election for which use of county election
66	66	precincts is required, the commissioner's court of a county that
67	67	does not participate in the countywide polling place program
68	68	described by Section 43.007 may, on the recommendation of the
69	69	county election board, combine county election precincts
70	70	notwithstanding Section 42.005 if:
71	71	(1) the commissioners court cannot secure a suitable
72	72	polling place location under Section 43.031; and
73	73	(2) the location of the combined polling place
74	74	adequately serves the voters of the combined precinct.
75	75	(d) [(c)] A combined precinct under Subsection (c) [this
76	76	section] may not contain more than 10,000 registered voters.
77	77	(e) [(d)] A combined precinct may not be established if it:
78	78	(1) results in a dilution of voting strength of a group
79	79	covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et
80	80	seq.);
81	81	(2) results in a dilution of representation of a group
82	82	covered by the Voting Rights Act in any political or electoral
83	83	process or procedure; or
84	84	(3) results in discouraging participation by a group
85	85	covered by the Voting Rights Act in any political or electoral
86	86	process or procedure because of the location of a polling place or
87	87	other factors.
88	88	(f) For the purposes of appointing a presiding election
89	89	judge and an alternate presiding judge to a county election
90	90	precinct combined under this section, the combined precinct shall
91	91	be considered a single precinct and the judges shall be appointed in
92	92	accordance with the procedures provided under Chapter 32.
93	93	SECTION 4. Subchapter A, Chapter 43, Election Code, is
94	94	amended by adding Section 43.0015 to read as follows:
95	95	Sec. 43.0015. DESIGNATION OF LOCATION: USE OF EARLY VOTING
96	96	POLLING PLACE ON ELECTION DAY. The authority responsible for
97	97	designating polling places under this subchapter shall, at a
98	98	minimum, designate as locations for polling places on election day:
99	99	(1) the location designated as the main early voting
100	100	polling place under Section 85.002;
101	101	(2) each location designated as a permanent branch
102	102	polling place under Section 85.061; and
103	103	(3) each location designated as a temporary branch
104	104	polling place under Section 85.062.
105	105	SECTION 5. Section 61.002(a), Election Code, is amended to
106	106	read as follows:
107	107	(a) Immediately before opening the polls for voting on the
108	108	first day of voting at a polling place during early voting or [and]
109	109	on election day, the presiding election judge or alternate election
110	110	judge shall confirm that each voting machine has any public counter
111	111	reset to zero and shall print the tape that shows the counter was
112	112	set to zero for each candidate or measure on the ballot.
113	113	SECTION 6. Section 62.005, Election Code, is amended to
114	114	read as follows:
115	115	Sec. 62.005. EXAMINING BALLOT BOXES. On the first day of
116	116	voting at a polling place during early voting or on election day, an
117	117	[An] election officer shall open and examine the ballot boxes and
118	118	remove any contents from the boxes.
119	119	SECTION 7. Section 65.002(a), Election Code, is amended to
120	120	read as follows:
121	121	(a) Subject to Subsection (b), the presiding judge may
122	122	direct the counting of ballots to occur on election day at any time
123	123	after the polls have been open for one hour.
124	124	SECTION 8. Section 65.014(b), Election Code, is amended to
125	125	read as follows:
126	126	(b) The returns must state:
127	127	(1) the total number of voters who voted at the polling
128	128	place during early voting by personal appearance and on election
129	129	day as indicated by the poll list; and
130	130	(2) the total number of votes counted for each
131	131	candidate and for and against each measure.
132	132	SECTION 9. Sections 65.016(a) and (b), Election Code, are
133	133	amended to read as follows:
134	134	(a) A county that holds or provides election services for an
135	135	election and maintains an Internet website shall post on its public
136	136	Internet website for an election of public officials or of a
137	137	governmental entity authorized by law to impose a tax administered
138	138	by the county:
139	139	(1) the results of each election;
140	140	(2) the total number of votes cast;
141	141	(3) the total number of votes cast for each candidate
142	142	or for or against each measure;
143	143	(4) the total number of votes cast for each candidate
144	144	or for or against each measure at each polling location;
145	145	(5) the total number of votes cast by personal
146	146	appearance [on election day];
147	147	(6) [(5)] the total number of votes cast by personal
148	148	appearance or mail [during the early voting period]; and
149	149	(7) [(6)] the total number of counted and uncounted
150	150	provisional ballots cast.
151	151	(b) A city or independent school district that holds an
152	152	election and maintains an Internet website shall post on its public
153	153	Internet website for the city or independent school district, as
154	154	applicable:
155	155	(1) the results of each election;
156	156	(2) the total number of votes cast;
157	157	(3) the total number of votes cast for each candidate
158	158	or for or against each measure;
159	159	(4) the total number of votes cast for each candidate
160	160	or for or against each measure at each polling location;
161	161	(5) the total number of votes cast by personal
162	162	appearance [on election day];
163	163	(6) [(5)] the total number of votes cast by personal
164	164	appearance or mail [during the early voting period]; and
165	165	(7) [(6)] the total number of counted and uncounted
166	166	provisional ballots cast.
167	167	SECTION 10. The heading to Section 66.0021, Election Code,
168	168	is amended to read as follows:
169	169	Sec. 66.0021. [ELECTION DAY] VOTE TOTAL FOR CERTAIN
170	170	ELECTIONS.
171	171	SECTION 11. Section 66.0021(b), Election Code, is amended
172	172	to read as follows:
173	173	(b) The general custodian of election records for a primary
174	174	election or the general election for state and county officers
175	175	shall maintain a list that states the total number of votes cast in
176	176	each precinct by personal appearance [on election day] that is
177	177	available for public inspection not later than the day after
178	178	election day.
179	179	SECTION 12. Sections 67.004(b) and (b-1), Election Code,
180	180	are amended to read as follows:
181	181	(b) The canvassing authority shall prepare a tabulation
182	182	stating for each candidate and for and against each measure:
183	183	(1) the total number of votes received in each
184	184	precinct; [and]
185	185	(2) the total number of votes received in each polling
186	186	location; and
187	187	(3) the sum of the precinct totals tabulated under
188	188	Subdivision (1).
189	189	(b-1) The tabulation in Subsection (b) must also include for
190	190	each precinct and for each polling location the total number of
191	191	voters who cast a ballot for a candidate or for or against a measure
192	192	in the election. The secretary of state shall prescribe any
193	193	procedures necessary to implement this subsection.
194	194	SECTION 13. Section 67.017(a), Election Code, is amended to
195	195	read as follows:
196	196	(a) After each election for a statewide office or the office
197	197	of United States representative, state senator, or state
198	198	representative, a district office, a county office, or a precinct
199	199	office, the county clerk shall prepare a report of the number of
200	200	votes, including [early voting] votes cast by mail and [early
201	201	voting votes cast] by personal appearance, received in each county
202	202	election precinct and in each polling location for each candidate
203	203	for each of those offices. In a presidential election year, the
204	204	report must include the number of votes received in each precinct
205	205	and in each polling location for each set of candidates for
206	206	president and vice-president of the United States.
207	207	SECTION 14. Section 84.032(c), Election Code, is amended to
208	208	read as follows:
209	209	(c) An applicant may submit a request [after the close of
210	210	early voting by personal appearance] by appearing in person and:
211	211	(1) returning the ballot to be voted by mail to the
212	212	early voting clerk; or
213	213	(2) executing an affidavit that the applicant:
214	214	(A) has not received the ballot to be voted by
215	215	mail;
216	216	(B) never requested a ballot to be voted by mail;
217	217	or
218	218	(C) received notice of a defect under Section
219	219	87.0271(b) or (c) or 87.0411(b) or (c).
220	220	SECTION 15. Sections 85.001(a) and (e), Election Code, are
221	221	amended to read as follows:
222	222	(a) The period for early voting by personal appearance
223	223	begins on the 12th [17th] day before election day, [and] continues
224	224	through the [fourth] day before election day, and includes
225	225	Saturdays, Sundays, and holidays, except as otherwise provided by
226	226	this section.
227	227	(e) For an election held on the uniform election date in May
228	228	and any resulting runoff election, the period for early voting by
229	229	personal appearance begins on the ninth [12th] day before election
230	230	day, [and] continues through the fourth day before election day,
231	231	and includes Saturdays, Sundays, and holidays.
232	232	SECTION 16. Sections 85.005(a) and (b), Election Code, are
233	233	amended to read as follows:
234	234	(a) Except as provided by Subsection (c), in an election in
235	235	which a county clerk is the early voting clerk under Section 83.002,
236	236	early voting by personal appearance at the main early voting
237	237	polling place shall be conducted on each day [weekday] of the early
238	238	voting period [that is not a legal state holiday] and for a period
239	239	of at least nine hours, except that voting may not be conducted
240	240	earlier than 6 a.m. or later than 10 p.m.
241	241	(b) In an election to which Subsection (a) does not apply,
242	242	early voting by personal appearance at the main early voting
243	243	polling place shall be conducted at least nine hours each day
244	244	[weekday] of the early voting period [that is not a legal state
245	245	holiday] unless the territory covered by the election has fewer
246	246	than 1,000 registered voters. In that case, the voting shall be
247	247	conducted at least four hours each day. The authority ordering the
248	248	election, or the county clerk if that person is the early voting
249	249	clerk, shall determine which hours the voting is to be conducted.
250	250	SECTION 17. Sections 85.007(a) and (b), Election Code, are
251	251	amended to read as follows:
252	252	(a) The election order and the election notice must state:
253	253	(1) the date that early voting will begin if under
254	254	Section 85.001(d) the early voting period is to begin later than the
255	255	prescribed date; and
256	256	(2) the regular dates and hours that voting will be
257	257	conducted under Section 85.005(b), including[; and
258	258	[(3) the dates and hours that] voting on Saturday or
259	259	Sunday [is ordered to be conducted under Section 85.006(a)].
260	260	(b) The early voting clerk shall post notice for each
261	261	election stating the dates and hours that voting on a Saturday or
262	262	Sunday will [is ordered to] be conducted [under Section 85.006(b)].
263	263	SECTION 18. Section 85.032, Election Code, is amended by
264	264	amending Subsection (d) and adding Subsection (g) to read as
265	265	follows:
266	266	(d) Each custodian shall retain possession of the key
267	267	entrusted to the custodian until it is delivered to, as applicable,
268	268	the presiding judge of:
269	269	(1) the central counting station;
270	270	(2) the early voting ballot board; or
271	271	(3) an election day polling place.
272	272	(g) Voted early voting ballots to be counted manually shall
273	273	be kept in a separate ballot box from voted early voting ballots to
274	274	be counted using automatic tabulating equipment.
275	275	SECTION 19. Section 85.033, Election Code, is amended to
276	276	read as follows:
277	277	Sec. 85.033. SECURITY OF VOTING MACHINE. At the close of
278	278	early voting each day, the early voting clerk shall secure each
279	279	voting machine used for early voting in the manner prescribed by the
280	280	secretary of state so that its unauthorized operation is prevented.
281	281	The clerk shall unsecure the machine before the beginning of
282	282	[early] voting the following day.
283	283	SECTION 20. Section 85.071, Election Code, is amended to
284	284	read as follows:
285	285	Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (a)
286	286	During the period for early voting by personal appearance, the
287	287	ballots voted at a branch polling place[, other than those cast on a
288	288	voting machine,] shall be:
289	289	(1) retained securely at the branch polling place in a
290	290	locked room accessible only to election officers; or
291	291	(2) delivered by an election officer or designated law
292	292	enforcement officer to the main early voting polling place at the
293	293	close of voting each day.
294	294	(b) The unvoted ballots at the branch polling place[, other
295	295	than voting machine ballots,] shall be retained or delivered with
296	296	the voted ballots of the same ballot style but in a separate locked
297	297	container.
298	298	(c) At [All voted and unvoted ballots shall be delivered by
299	299	an election officer or designated law enforcement officer to the
300	300	main polling place at] the close of early voting [on the last day of
301	301	voting] at a [the] branch polling place:
302	302	(1) unvoted ballots shall be retained or delivered in
303	303	the manner described by Subsection (b);
304	304	(2) voted ballots to be counted using automatic
305	305	tabulating equipment shall be retained or delivered in the manner
306	306	described by Subsection (a); and
307	307	(3) voted ballots to be counted manually shall be:
308	308	(A) delivered by an election officer or
309	309	designated law enforcement officer to the main early voting polling
310	310	place; and
311	311	(B) set aside for subsequent delivery to the
312	312	early voting ballot board under Section 87.021.
313	313	SECTION 21. Section 87.021, Election Code, is amended to
314	314	read as follows:
315	315	Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
316	316	BOARD. The early voting clerk shall deliver to the early voting
317	317	ballot board:
318	318	(1) in an election in which regular paper ballots are
319	319	used for early voting by personal appearance, each ballot box, in
320	320	accordance with Section 85.032(b), containing the early voting
321	321	ballots voted by personal appearance to be counted manually and the
322	322	clerk's key to each box;
323	323	(2) the jacket envelopes containing the early voting
324	324	ballots voted by mail, regardless of the ballot type or voting
325	325	system used;
326	326	(3) the poll lists prepared in connection with early
327	327	voting by personal appearance;
328	328	(4) the list of registered voters used in conducting
329	329	early voting; and
330	330	(5) a ballot transmittal form that includes a
331	331	statement of the number of early voting ballots voted by mail,
332	332	regardless of the ballot type or voting system used, that are
333	333	delivered to the early voting ballot board, and in an election in
334	334	which regular paper ballots are used for early voting by personal
335	335	appearance, the number of names appearing on the poll lists
336	336	prepared in connection with early voting by personal appearance.
337	337	SECTION 22. Section 87.022, Election Code, is amended to
338	338	read as follows:
339	339	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
340	340	provided by Section 87.0221 or[,] 87.0222, [87.023, or 87.024,] the
341	341	materials shall be delivered to the early voting ballot board under
342	342	this subchapter during the time the polls are open on election day,
343	343	or as soon after the polls close as practicable, at the time or
344	344	times specified by the presiding judge of the board.
345	345	SECTION 23. Section 87.0241(b), Election Code, is amended
346	346	to read as follows:
347	347	(b) The board may not count early voting ballots until:
348	348	(1) the polls open on election day; or
349	349	(2) in an election conducted by an authority of a
350	350	county with a population of 100,000 or more, or conducted jointly
351	351	with such a county or conducted with such a county through a
352	352	contract for election services, the fourth day before election day
353	353	[end of the period for early voting by personal appearance].
354	354	SECTION 24. Section 87.103, Election Code, is amended to
355	355	read as follows:
356	356	Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
357	357	The [early voting electronic system ballots counted at a central
358	358	counting station, the] ballots cast by personal appearance [at
359	359	precinct polling places,] and the ballots voted by mail shall be
360	360	tabulated separately and shall be separately reported on the
361	361	returns.
362	362	(b) The [early voting] returns prepared at the central
363	363	counting station must include any [early voting] results obtained
364	364	by the early voting ballot board under Subchapter D.
365	365	SECTION 25. Section 87.104, Election Code, is amended to
366	366	read as follows:
367	367	Sec. 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD
368	368	RETURNS AND OTHER RECORDS. Returns [Early voting returns] or other
369	369	early voting election records to be delivered to the central
370	370	counting station under Section 87.063(b) [or 87.084(b)] shall be
371	371	delivered to the appropriate authorities with the counting station
372	372	records.
373	373	SECTION 26. Section 87.1231, Election Code, is amended to
374	374	read as follows:
375	375	Sec. 87.1231. EARLY VOTING BY MAIL VOTES REPORTED BY
376	376	PRECINCT. Not later than the time of the local canvass, the early
377	377	voting clerk shall deliver to the local canvassing authority a
378	378	report of the total number of early voting votes by mail for each
379	379	candidate or measure by election precinct. [The report may reflect
380	380	the total for votes by mail and the total for votes by personal
381	381	appearance.]
382	382	SECTION 27. Subchapter G, Chapter 87, Election Code, is
383	383	amended by adding Section 87.129 to read as follows:
384	384	Sec. 87.129. DISPOSITION OF CERTAIN BALLOTS VOTED BY
385	385	PERSONAL APPEARANCE. Voted early voting ballots retained or
386	386	delivered to the main early voting polling place under Section
387	387	85.071(c)(2) shall be treated as ballots voted on election day at
388	388	the same polling place for purposes of processing and tabulation
389	389	under Chapter 65.
390	390	SECTION 28. Section 102.003(b), Election Code, is amended
391	391	to read as follows:
392	392	(b) An application must [may] be submitted [after the last
393	393	day of the period for early voting by personal appearance and]
394	394	before 5 p.m. on election day.
395	395	SECTION 29. Section 127.131(a), Election Code, is amended
396	396	to read as follows:
397	397	(a) After the automatic counting of ballots [for each
398	398	precinct] is completed, the presiding judge of the central counting
399	399	station shall prepare the election returns for each [that] precinct
400	400	and each polling location and sign the returns to certify their
401	401	accuracy.
402	402	SECTION 30. Section 172.124(a), Election Code, is amended
403	403	to read as follows:
404	404	(a) For each primary election, the county clerk shall
405	405	prepare a report of the number of votes[, including early voting
406	406	votes,] received in each county election precinct by each candidate
407	407	for an office, other than a party office, as provided by Section
408	408	67.017 for the report of precinct results for a general election.
409	409	SECTION 31. The following provisions of the Election Code
410	410	are repealed:
411	411	(1) Chapter 103;
412	412	(2) Section 43.007(i);
413	413	(3) Section 85.006;
414	414	(4) Section 85.008;
415	415	(5) Section 85.064(d);
416	416	(6) Section 85.068;
417	417	(7) Section 87.023;
418	418	(8) Section 87.024;
419	419	(9) Section 113.004(c); and
420	420	(10) Section 129.057.
421	421	SECTION 32. The changes in law made by this Act apply only
422	422	to an election ordered on or after the effective date of this Act.
423	423	SECTION 33. This Act takes effect immediately if it
424	424	receives a vote of two-thirds of all the members elected to each
425	425	house, as provided by Section 39, Article III, Texas Constitution.
426	426	If this Act does not receive the vote necessary for immediate
427	427	effect, this Act takes effect September 1, 2025.
428	428	* * * * *