By: Hall S.B. No. 2753
(In the Senate - Filed March 14, 2025; April 3, 2025, read
first time and referred to Committee on State Affairs;
April 22, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1, 1 present not
voting; April 22, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2753 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to the integration of early voting by personal appearance
and election day voting, including the manner in which election
returns are processed and other related changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.004(d), Election Code, is amended to
read as follows:
(d) If early voting by personal appearance is required to be
conducted for extended hours under Section 85.005(c) [or for
weekend hours under Section 85.006(e)], the registrar's office
shall remain open for providing voter registration information
during the extended hours [or weekend hours] that the main early
voting polling place is open for voting.
SECTION 2. Section 19.004(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (d), state funds
disbursed under this chapter may be used only to:
(1) defray expenses of the registrar's office in
connection with voter registration, including additional expenses
related to:
(A) implementation of the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);
(B) complying with weekly updating requirements;
and
(C) the employment of temporary voter
registration personnel for not more than 39 weeks in a state fiscal
year; and
(2) if the registrar's county has a population of less
than 55,000, defray the cost to the registrar's county of keeping
the polling places in the county open during the early voting period
as required under Section [Sections] 85.005(c)[, 85.006(e), and
85.064(d)].
SECTION 3. Section 42.0051, Election Code, is amended to
read as follows:
Sec. 42.0051. COMBINING CERTAIN PRECINCTS. (a) If changes
in county election precinct boundaries to give effect to a
redistricting plan result in county election precincts with fewer
than 5,000 registered voters, a commissioners court for a general
or special election, or for a primary election, the county
executive committee of a political party conducting a primary
election, may combine county election precincts notwithstanding
Section 42.005 to avoid unreasonable expenditures for election
equipment, supplies, and personnel [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].
(b) A combined precinct under Subsection (a) is subject to
the maximum population prescribed for a precinct under Section
42.006.
(c) [(a-1)] In a primary election, the county executive
committee of a political party conducting the primary election, or
for a general or special election for which use of county election
precincts is required, the commissioner's court of a county that
does not participate in the countywide polling place program
described by Section 43.007 may, on the recommendation of the
county election board, combine county election precincts
notwithstanding Section 42.005 if:
(1) the commissioners court cannot secure a suitable
polling place location under Section 43.031; and
(2) the location of the combined polling place
adequately serves the voters of the combined precinct.
(d) [(c)] A combined precinct under Subsection (c) [this
section] may not contain more than 10,000 registered voters.
(e) [(d)] A combined precinct may not be established if it:
(1) results in a dilution of voting strength of a group
covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et
seq.);
(2) results in a dilution of representation of a group
covered by the Voting Rights Act in any political or electoral
process or procedure; or
(3) results in discouraging participation by a group
covered by the Voting Rights Act in any political or electoral
process or procedure because of the location of a polling place or
other factors.
(f) For the purposes of appointing a presiding election
judge and an alternate presiding judge to a county election
precinct combined under this section, the combined precinct shall
be considered a single precinct and the judges shall be appointed in
accordance with the procedures provided under Chapter 32.
SECTION 4. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.0015 to read as follows:
Sec. 43.0015. DESIGNATION OF LOCATION: USE OF EARLY VOTING
POLLING PLACE ON ELECTION DAY. The authority responsible for
designating polling places under this subchapter shall, at a
minimum, designate as locations for polling places on election day:
(1) the location designated as the main early voting
polling place under Section 85.002;
(2) each location designated as a permanent branch
polling place under Section 85.061; and
(3) each location designated as a temporary branch
polling place under Section 85.062.
SECTION 5. Section 61.002(a), Election Code, is amended to
read as follows:
(a) Immediately before opening the polls for voting on the
first day of voting at a polling place during early voting or [and]
on election day, the presiding election judge or alternate election
judge shall confirm that each voting machine has any public counter
reset to zero and shall print the tape that shows the counter was
set to zero for each candidate or measure on the ballot.
SECTION 6. Section 62.005, Election Code, is amended to
read as follows:
Sec. 62.005. EXAMINING BALLOT BOXES. On the first day of
voting at a polling place during early voting or on election day, an
[An] election officer shall open and examine the ballot boxes and
remove any contents from the boxes.
SECTION 7. Section 65.002(a), Election Code, is amended to
read as follows:
(a) Subject to Subsection (b), the presiding judge may
direct the counting of ballots to occur on election day at any time
after the polls have been open for one hour.
SECTION 8. Section 65.014(b), Election Code, is amended to
read as follows:
(b) The returns must state:
(1) the total number of voters who voted at the polling
place during early voting by personal appearance and on election
day as indicated by the poll list; and
(2) the total number of votes counted for each
candidate and for and against each measure.
SECTION 9. Sections 65.016(a) and (b), Election Code, are
amended to read as follows:
(a) A county that holds or provides election services for an
election and maintains an Internet website shall post on its public
Internet website for an election of public officials or of a
governmental entity authorized by law to impose a tax administered
by the county:
(1) the results of each election;
(2) the total number of votes cast;
(3) the total number of votes cast for each candidate
or for or against each measure;
(4) the total number of votes cast for each candidate
or for or against each measure at each polling location;
(5) the total number of votes cast by personal
appearance [on election day];
(6) [(5)] the total number of votes cast by personal
appearance or mail [during the early voting period]; and
(7) [(6)] the total number of counted and uncounted
provisional ballots cast.
(b) A city or independent school district that holds an
election and maintains an Internet website shall post on its public
Internet website for the city or independent school district, as
applicable:
(1) the results of each election;
(2) the total number of votes cast;
(3) the total number of votes cast for each candidate
or for or against each measure;
(4) the total number of votes cast for each candidate
or for or against each measure at each polling location;
(5) the total number of votes cast by personal
appearance [on election day];
(6) [(5)] the total number of votes cast by personal
appearance or mail [during the early voting period]; and
(7) [(6)] the total number of counted and uncounted
provisional ballots cast.
SECTION 10. The heading to Section 66.0021, Election Code,
is amended to read as follows:
Sec. 66.0021. [ELECTION DAY] VOTE TOTAL FOR CERTAIN
ELECTIONS.
SECTION 11. Section 66.0021(b), Election Code, is amended
to read as follows:
(b) The general custodian of election records for a primary
election or the general election for state and county officers
shall maintain a list that states the total number of votes cast in
each precinct by personal appearance [on election day] that is
available for public inspection not later than the day after
election day.
SECTION 12. Sections 67.004(b) and (b-1), Election Code,
are amended to read as follows:
(b) The canvassing authority shall prepare a tabulation
stating for each candidate and for and against each measure:
(1) the total number of votes received in each
precinct; [and]
(2) the total number of votes received in each polling
location; and
(3) the sum of the precinct totals tabulated under
Subdivision (1).
(b-1) The tabulation in Subsection (b) must also include for
each precinct and for each polling location the total number of
voters who cast a ballot for a candidate or for or against a measure
in the election. The secretary of state shall prescribe any
procedures necessary to implement this subsection.
SECTION 13. Section 67.017(a), Election Code, is amended to
read as follows:
(a) After each election for a statewide office or the office
of United States representative, state senator, or state
representative, a district office, a county office, or a precinct
office, the county clerk shall prepare a report of the number of
votes, including [early voting] votes cast by mail and [early
voting votes cast] by personal appearance, received in each county
election precinct and in each polling location for each candidate
for each of those offices. In a presidential election year, the
report must include the number of votes received in each precinct
and in each polling location for each set of candidates for
president and vice-president of the United States.
SECTION 14. Section 84.032(c), Election Code, is amended to
read as follows:
(c) An applicant may submit a request [after the close of
early voting by personal appearance] by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail;
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.0271(b) or (c) or 87.0411(b) or (c).
SECTION 15. Sections 85.001(a) and (e), Election Code, are
amended to read as follows:
(a) The period for early voting by personal appearance
begins on the 12th [17th] day before election day, [and] continues
through the [fourth] day before election day, and includes
Saturdays, Sundays, and holidays, except as otherwise provided by
this section.
(e) For an election held on the uniform election date in May
and any resulting runoff election, the period for early voting by
personal appearance begins on the ninth [12th] day before election
day, [and] continues through the fourth day before election day,
and includes Saturdays, Sundays, and holidays.
SECTION 16. Sections 85.005(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (c), in an election in
which a county clerk is the early voting clerk under Section 83.002,
early voting by personal appearance at the main early voting
polling place shall be conducted on each day [weekday] of the early
voting period [that is not a legal state holiday] and for a period
of at least nine hours, except that voting may not be conducted
earlier than 6 a.m. or later than 10 p.m.
(b) In an election to which Subsection (a) does not apply,
early voting by personal appearance at the main early voting
polling place shall be conducted at least nine hours each day
[weekday] of the early voting period [that is not a legal state
holiday] unless the territory covered by the election has fewer
than 1,000 registered voters. In that case, the voting shall be
conducted at least four hours each day. The authority ordering the
election, or the county clerk if that person is the early voting
clerk, shall determine which hours the voting is to be conducted.
SECTION 17. Sections 85.007(a) and (b), Election Code, are
amended to read as follows:
(a) The election order and the election notice must state:
(1) the date that early voting will begin if under
Section 85.001(d) the early voting period is to begin later than the
prescribed date; and
(2) the regular dates and hours that voting will be
conducted under Section 85.005(b), including[; and
[(3) the dates and hours that] voting on Saturday or
Sunday [is ordered to be conducted under Section 85.006(a)].
(b) The early voting clerk shall post notice for each
election stating the dates and hours that voting on a Saturday or
Sunday will [is ordered to] be conducted [under Section 85.006(b)].
SECTION 18. Section 85.032, Election Code, is amended by
amending Subsection (d) and adding Subsection (g) to read as
follows:
(d) Each custodian shall retain possession of the key
entrusted to the custodian until it is delivered to, as applicable,
the presiding judge of:
(1) the central counting station;
(2) the early voting ballot board; or
(3) an election day polling place.
(g) Voted early voting ballots to be counted manually shall
be kept in a separate ballot box from voted early voting ballots to
be counted using automatic tabulating equipment.
SECTION 19. Section 85.033, Election Code, is amended to
read as follows:
Sec. 85.033. SECURITY OF VOTING MACHINE. At the close of
early voting each day, the early voting clerk shall secure each
voting machine used for early voting in the manner prescribed by the
secretary of state so that its unauthorized operation is prevented.
The clerk shall unsecure the machine before the beginning of
[early] voting the following day.
SECTION 20. Section 85.071, Election Code, is amended to
read as follows:
Sec. 85.071. DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (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 of the same ballot style but in a separate locked
container.
(c) At [All voted and unvoted ballots shall be delivered by
an election officer or designated law enforcement officer to the
main polling place at] the close of early voting [on the last day of
voting] at a [the] branch polling place:
(1) unvoted ballots shall be retained or delivered in
the manner described by Subsection (b);
(2) voted ballots to be counted using automatic
tabulating equipment shall be retained or delivered in the manner
described by Subsection (a); and
(3) voted ballots to be counted manually shall be:
(A) delivered by an election officer or
designated law enforcement officer to the main early voting polling
place; and
(B) set aside for subsequent delivery to the
early voting ballot board under Section 87.021.
SECTION 21. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) in an election in which regular paper ballots are
used for early voting by personal appearance, each ballot box, in
accordance with Section 85.032(b), containing the early voting
ballots voted by personal appearance to be counted manually and the
clerk's key to each box;
(2) the jacket envelopes containing the early voting
ballots voted by mail, regardless of the ballot type or voting
system used;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting; and
(5) a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail,
regardless of the ballot type or voting system used, that are
delivered to the early voting ballot board, and in an election in
which regular paper ballots are used for early voting by personal
appearance, the number of names appearing on the poll lists
prepared in connection with early voting by personal appearance.
SECTION 22. 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 or[,] 87.0222, [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 23. Section 87.0241(b), Election Code, is amended
to read as follows:
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more, or conducted jointly
with such a county or conducted with such a county through a
contract for election services, the fourth day before election day
[end of the period for early voting by personal appearance].
SECTION 24. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The [early voting electronic system ballots counted at a central
counting station, the] ballots cast by personal appearance [at
precinct polling places,] and the ballots voted by mail shall be
tabulated separately and shall be separately reported on the
returns.
(b) The [early voting] returns prepared at the central
counting station must include any [early voting] results obtained
by the early voting ballot board under Subchapter D.
SECTION 25. Section 87.104, Election Code, is amended to
read as follows:
Sec. 87.104. DISPOSITION OF EARLY VOTING BALLOT BOARD
RETURNS AND OTHER RECORDS. Returns [Early voting returns] or other
early voting election records to be delivered to the central
counting station under Section 87.063(b) [or 87.084(b)] shall be
delivered to the appropriate authorities with the counting station
records.
SECTION 26. Section 87.1231, Election Code, is amended to
read as follows:
Sec. 87.1231. EARLY VOTING BY MAIL VOTES REPORTED BY
PRECINCT. Not later than the time of the local canvass, the early
voting clerk shall deliver to the local canvassing authority a
report of the total number of early voting votes by mail for each
candidate or measure by election precinct. [The report may reflect
the total for votes by mail and the total for votes by personal
appearance.]
SECTION 27. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.129 to read as follows:
Sec. 87.129. DISPOSITION OF CERTAIN BALLOTS VOTED BY
PERSONAL APPEARANCE. Voted early voting ballots retained or
delivered to the main early voting polling place under Section
85.071(c)(2) shall be treated as ballots voted on election day at
the same polling place for purposes of processing and tabulation
under Chapter 65.
SECTION 28. Section 102.003(b), Election Code, is amended
to read as follows:
(b) An application must [may] be submitted [after the last
day of the period for early voting by personal appearance and]
before 5 p.m. on election day.
SECTION 29. Section 127.131(a), Election Code, is amended
to read as follows:
(a) After the automatic counting of ballots [for each
precinct] is completed, the presiding judge of the central counting
station shall prepare the election returns for each [that] precinct
and each polling location and sign the returns to certify their
accuracy.
SECTION 30. Section 172.124(a), Election Code, is amended
to read as follows:
(a) For each primary election, the county clerk shall
prepare a report of the number of votes[, including early voting
votes,] received in each county election precinct by each candidate
for an office, other than a party office, as provided by Section
67.017 for the report of precinct results for a general election.
SECTION 31. The following provisions of the Election Code
are repealed:
(1) Chapter 103;
(2) Section 43.007(i);
(3) Section 85.006;
(4) Section 85.008;
(5) Section 85.064(d);
(6) Section 85.068;
(7) Section 87.023;
(8) Section 87.024;
(9) Section 113.004(c); and
(10) Section 129.057.
SECTION 32. The changes in law made by this Act apply only
to an election ordered on or after the effective date of this Act.
SECTION 33. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.
* * * * *