Bill Text: TX HB368 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to ballot instructions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-16 - Referred to Elections [HB368 Detail]
Download: Texas-2011-HB368-Introduced.html
By: Hochberg | H.B. No. 368 |
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relating to ballot instructions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 52.071, Election Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) An instruction under this section shall also describe: | ||
(1) the effect of a straight-party vote if the vote | ||
would not apply to all elections on the ballot; and | ||
(2) any circumstances under which casting a vote for | ||
an individual candidate will negate a straight-party vote or | ||
otherwise cause a vote for a nominee of the same party to not be | ||
recorded or counted. | ||
(d) The secretary of state shall by rule prescribe the | ||
specific instructions to be included under Subsection (c). Failure | ||
to comply with Subsection (c) is not grounds for a civil action or | ||
an action or contest challenging the validity or result of an | ||
election in which the ballot instruction described by Subsection | ||
(c) was not given to one or more voters. | ||
SECTION 2. Subchapter A, Chapter 124, Election Code, is | ||
amended by adding Section 124.007 to read as follows: | ||
Sec. 124.007. WARNING FOR CERTAIN VOTING ACTIONS. (a) | ||
Where practicable, electronic voting systems shall provide for a | ||
clearly worded warning to appear if a voter attempts to cast a vote, | ||
make a selection, or take another related action that could cancel a | ||
prior selection, change a prior selection, or cancel or change a | ||
straight-party selection made by the voter. | ||
(b) The secretary of state shall determine when the warning | ||
described by Subsection (a) is necessary and shall by rule | ||
prescribe warning language for each voting system approved for use | ||
in the state. | ||
(c) Failure to comply with this section is not grounds for a | ||
civil action or an action or contest challenging the validity or | ||
result of an election in which the warning required by this section | ||
was not given to one or more voters. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an election held on or after January 1, 2012. An election held | ||
before January 1, 2012, is governed by the law in effect when the | ||
election is held, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. 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, 2011. |