Bill Text: TX SB2368 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to election practices and procedures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to State Affairs [SB2368 Detail]

Download: Texas-2019-SB2368-Introduced.html

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By: Hughes S.B. No. 2368

A BILL TO BE ENTITLED
AN ACT
relating to election practices and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.007(c), Election Code, is amended to
read as follows:
(c) A delivery, submission, or filing of a document or paper
under this code may be made by personal delivery, mail, telephonic
facsimile machine, e-mail, or any other method of transmission.
SECTION 2. Section 2.002, Election Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) Not later than the fifth day after the date the
automatic recount required by Subsection (i) is completed or the
final canvass following the automatic recount is completed, if
applicable, the authority responsible for ordering the first
election shall order the second election. The second election
shall be held not earlier than the 20th day or later than the 45th
[30th] day after the date the automatic recount required by
Subsection (i) is completed or the final canvass following the
automatic recount is completed, if applicable.
(j) If the recount does not resolve the tie, the tied
candidates may:
(1) cast lots not later than the day before the date
the authority must order the second election under Subsection (b);
or
(2) withdraw from the election not later than 5 p.m. of
the day after the date the automatic recount is held.
SECTION 3. Section 2.022(b), Election Code, is amended to
read as follows:
(b) Sections 2.023, 2.025, and 2.028 supersede a law outside
this subchapter to the extent of any conflict.
SECTION 4. Section 2.025(d), Election Code, is amended to
read as follows:
(d) A runoff election for a special election to fill a
vacancy in Congress or a special election to fill a vacancy in the
legislature, except an election ordered as an emergency election
under Section 41.0011 or an election held as an expedited election
under Section 203.013, [to which Section 101.104 applies] shall be
held not earlier than the 70th day or later than the 77th day after
the date the final canvass of the main election is completed.
SECTION 5. Section 2.028(c), Election Code, is amended to
read as follows:
(c) A tying candidate may resolve the tie by filing with the
presiding officer of the final canvassing authority a written
statement of withdrawal signed and sworn to [acknowledged] by the
candidate. If the statement of withdrawal is received before the
automatic recount is conducted, the remaining candidate is the
winner, and the automatic recount is not conducted. If the
statement of withdrawal is received not later than 5 p.m. the day
after the date the automatic recount is conducted [On receipt of the
statement of withdrawal], the remaining candidate is the winner,
and a casting of lots is not held.
SECTION 6. Section 2.051(b), Election Code, is amended to
read as follows:
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit if each
candidate for an office that is to appear on the ballot in that
territorial unit is unopposed and no [at-large proposition or]
opposed at-large race is to appear on the ballot. This subchapter
applies to an unopposed at-large race in such an election
regardless of whether an opposed race is to appear on the ballot in
a particular territorial unit.
SECTION 7. Section 3.005(d), Election Code, is amended to
read as follows:
(d) Except as provided by Subsection (c), an [An] election
under Section 26.08, Tax Code, to ratify a tax rate adopted by the
governing body of a school district under Section 26.05(g) of that
code shall be ordered not later than the 30th day before election
day.
SECTION 8. Section 4.003(c), Election Code, is amended to
read as follows:
(c) In addition to any other notice given, notice of an
election ordered by the governor, by a county authority,
[commissioners court] or by an authority of a city or school
district must be given by the method prescribed by Subsection
(a)(1).
SECTION 9. Section 13.004(c), Election Code, is amended to
read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) [an indication that an applicant is interested in
working as an election judge;
[(5)] the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, the spouse of a federal judge or state judge, or an
individual to whom Section 552.1175, Government Code, applies and
the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, including an affidavit under Section 13.0021 if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision,
including an affidavit under Section 15.0215 if the applicant is a
federal judge or state judge or the spouse of a federal judge or
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(5) [(6)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(6) [(7)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons; or
(7) [(8)] the residence address of the applicant, if
the applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter C, Chapter 56, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 56.84, Code of Criminal Procedure.
SECTION 10. Section 13.072(d), Election Code, is amended to
read as follows:
(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received [and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received]. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
SECTION 11. Section 13.142(a), Election Code, is amended to
read as follows:
(a) After approval of a registration application, the
registrar shall:
(1) prepare a voter registration certificate [in
duplicate] and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 12. Section 13.143(d-2), Election Code, is amended
to read as follows:
(d-2) For a registration application submitted by
telephonic facsimile machine to be effective, a copy of the
original registration application containing the voter's original
signature must be submitted by personal delivery or mail and be
received by the registrar not later than the fourth business day
after the transmission by telephonic facsimile machine is received.
SECTION 13. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of any affidavits executed under
Section 63.006, following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; [or]
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) on discovering a data entry error has been made.
SECTION 14. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The [fee for each] list shall be provided in accordance
with Chapter 552, Government Code [or portion of a list furnished
under this section may not exceed the actual expense incurred in
reproducing the list or portion for the person requesting it and
shall be uniform for each type of copy furnished. The registrar
shall make reasonable efforts to minimize the reproduction
expenses].
SECTION 15. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b), [or] 15.021, or
18.0681(d) or a response under Section 15.053 that the voter's
residence is outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 16. Sections 16.0921(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (c), on the filing of a
sworn statement under Section 16.092 alleging a ground based on
residence, the registrar shall promptly deliver to the voter whose
registration is challenged a confirmation notice in accordance with
Section 15.051, unless the residential address provided in the
challenge for the voter is different from the voter's current
residential address indicated on the registration records.
(b) If the voter is delivered a confirmation notice [fails
to submit a response to the registrar in accordance with Section
15.053], the registrar shall enter the voter's name on the suspense
list.
SECTION 17. Section 18.002(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 18. Section 18.003(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 19. Section 18.005(a), Election Code, is amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, date of birth, and
registration number as provided by the statewide computerized voter
registration list;
(2) contain the voter's residence address, except as
provided by Subsections (b) and (c) [or Section 18.0051];
(3) be arranged alphabetically by voter name; and
(4) contain the notation required by Section 15.111.
SECTION 20. Sections 18.061(b) and (d), Election Code, are
amended to read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; and
(3) be available to any county election official in
the state through immediate electronic access.
(d) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation and maintenance of the statewide computerized voter
registration list. The secretary shall use funds collected under
the contracts to defray expenses incurred in implementing and
maintaining the statewide computerized voter registration list.
SECTION 21. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the general
custodian of election records [registrar] shall electronically
submit to the secretary of state the record of each voter
participating in the election. The record must include a notation
of whether the voter voted on election day, voted early by personal
appearance, voted early by mail under Chapter 86, or voted early by
mail under Chapter 101.
SECTION 22. Section 31.093(a), Election Code, is amended to
read as follows:
(a) Subject to Section 41.001(d), if [If] requested to do so
by a political subdivision, the county elections administrator
shall enter into a contract to furnish the election services
requested, in accordance with a cost schedule agreed on by the
contracting parties.
SECTION 23. Section 32.114(a), Election Code, is amended to
read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. The training
program must include specific procedures related to the early
voting ballot board and the central counting station, as
applicable. Each election clerk shall complete the part of the
training program relating to the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 24. Sections 41.001(a) and (b), Election Code, are
amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in May in an odd-numbered year;
(2) the first Saturday in May in an even-numbered
year, for an election held by a political subdivision other than a
county, or ordered by the governor; or
(3) the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election to resolve a tie vote;
(3) an election held under an order of a court or other
tribunal;
(4) an emergency election ordered under Section
41.0011 or any resulting runoff;
(5) an expedited election to fill a vacancy in the
legislature held under Section 203.013;
(6) an election held under a statute that expressly
provides that the requirement of Subsection (a) does not apply to
the election; or
(7) the initial election of the members of the
governing body of a newly incorporated city.
SECTION 25. Section 52.070, Election Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsection (f) to
read as follows:
(a) A shape [square] for voting shall be printed to the left
of each candidate's name on a ballot.
(b) Immediately below "OFFICIAL BALLOT," the following
instruction shall be printed: "Vote for the candidate of your
choice in each race by placing an 'X' or filling in the shape
[square] beside the candidate's name."
(e) A shape [square] shall be printed to the left of each
line provided for write-in voting under Section 52.066(c), but
failure to place a mark in the shape [square] does not affect the
counting of a write-in vote.
(f) Any variation from this instruction must be approved by
the secretary of state.
SECTION 26. Section 52.094(d), Election Code, is amended to
read as follows:
(d) The [For an election held at county expense or a city
election, on receipt of a candidate's written request accompanied
by a stamped, self-addressed envelope, the authority conducting the
drawing shall mail written notice of the date, hour, and place of
the drawing to the candidate. For an election held by any other
political subdivision, the] authority conducting the drawing shall
provide [mail written] notice of the date, hour, and place of the
drawing to each candidate by:
(1) written notice:
(A) mailed to [, at] the address stated on the
candidate's application for a place on the ballot, not later than
the fourth day before the date of the drawing; or
(B) provided at the time the candidate files an
application with the appropriate authority;
(2) telephone, if a telephone number is provided on
the candidate's application for a place on the ballot; or
(3) e-mail, if an e-mail address is provided on the
candidate's application for a place on the ballot.
SECTION 27. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0581 to read as follows:
Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING
RECORDS. Provisional voting records are not available for public
inspection until the first business day after the date the early
voting ballot board completes the verification and counting of
provisional ballots under Section 65.051 and delivers the
provisional ballots and other provisional voting records to the
general custodian of election records.
SECTION 28. Section 84.007(e), Election Code, is amended to
read as follows:
(e) The early voting clerk shall designate an e-mail address
for receipt of an application under Subsection (b)(4). The
secretary of state shall include the e-mail addresses of the early
voting clerks on the secretary of state's website.
SECTION 29. Section 84.008(b), Election Code, is amended to
read as follows:
(b) This section does not apply to an application submitted
under Chapter [101,] 102[,] or 103.
SECTION 30. Section 85.007(d), Election Code, is amended to
read as follows:
(d) Any notice required under this section must also be
posted:
(1) on the Internet website of the authority ordering
the election, if the authority maintains a website; and
(2) for a primary election or the general election for
state and county officers, by the secretary of state on the
secretary's Internet website.
SECTION 31. Section 86.0015(c), Election Code, is amended
to read as follows:
(c) In an election of a political subdivision located in a
county in which the county clerk is not the early voting clerk, the
county clerk shall provide the early voting clerk of the political
subdivision that is holding the election a list of voters in the
portion of the political subdivision located in the county who have
ballot applications on file under this section along with copies of
the applications submitted by those voters. The early voting clerk
shall provide a ballot to be voted by mail to each voter on the list
for whom the early voting clerk received a copy of an application
submitted under this section.
SECTION 32. Section 86.002(f), Election Code, is amended to
read as follows:
(f) The clerk shall include with the balloting materials:
(1) a notice of the clerk's physical address for
purposes of return by common or contract carrier or personal
delivery in accordance with Section 86.006(a-1); and
(2) the list of declared write-in candidates for the
election, if applicable.
SECTION 33. Section 86.003(d), Election Code, is amended to
read as follows:
(d) If the applicable address specified in a voter's
application is an address other than that prescribed by Subsection
(c) or subject to Section 86.002(a), the voter's application shall
be rejected in accordance with Section 86.001(c).
SECTION 34. Section 86.009(e), Election Code, is amended to
read as follows:
(e) A voter's defective ballot that is timely returned to
the clerk as a marked ballot shall be treated as:
(1) a marked ballot not timely returned if the
corrected ballot is timely returned as a marked ballot by the close
of the polls on election day; or
(2) as the voter's ballot for the election if the
corrected ballot is not timely returned by the close of the polls on
election day.
SECTION 35. Section 87.0222(a), Election Code, is amended
to read as follows:
(a) Notwithstanding Section 87.024, 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 jacket
envelopes containing the early voting ballots voted by mail may be
delivered to the board between the end of the ninth day before the
last day of the period for early voting by personal appearance and
the closing of the polls on election day, or as soon after closing
as practicable, at the time or times specified by the presiding
judge of the board.
SECTION 36. 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 end of the period for early
voting by personal appearance.
SECTION 37. Section 87.102(b), Election Code, is amended to
read as follows:
(b) Early voting ballots that are to be duplicated under
this section [shall be delivered to the central counting station as
prescribed by Section 87.101 and] shall be treated in the same
manner as damaged electronic system ballots that are duplicated for
automatic counting.
SECTION 38. Section 101.001, Election Code, is amended to
read as follows:
Sec. 101.001. ELIGIBILITY. A person is eligible for early
voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member;
(B-1) a member of the Texas National Guard or the
National Guard of another state or a member of a reserve component
of the armed forces of the United States serving on active duty
under an order of the president of the United States or activated on
state orders, or the spouse or dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
SECTION 39. Section 101.003(1), Election Code, is amended
to read as follows:
(1) "Federal postcard application" means an
application for a ballot to be voted under this chapter submitted on
the official federal form prescribed under the federal Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
through 20311) [(42 U.S.C. Section 1973ff et seq.)].
SECTION 40. Section 101.008, Election Code, is amended to
read as follows:
Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
secretary of state, in coordination with county [local] election
officials, shall implement an electronic free-access system by
which a person eligible for early voting by mail under this chapter
or Chapter 114 may determine by telephone, by e-mail, or over the
Internet whether:
(1) the person's federal postcard application or other
registration or ballot application has been received and accepted;
and
(2) the person's ballot has been received and the
current status of the ballot.
SECTION 41. Sections 101.052(a-1) and (c), Election Code,
are amended to read as follows:
(a-1) A federal postcard application must be submitted by:
(1) mail; [or]
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state;
(3) in-person delivery in accordance with Section
84.008; or
(4) common or contract carrier.
(c) An application is considered submitted in the following
calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election [A federal postcard application
requesting a ballot for an election to be held in January or
February may be submitted in the preceding calendar year but not
earlier than the earliest date for submitting a regular application
for a ballot to be voted by mail].
SECTION 42. Section 101.054(c), Election Code, is amended
to read as follows:
(c) An application shall be treated as if it requests a
ballot for a runoff election that results from an election for which
a ballot is requested, including a runoff election that occurs in
the next calendar year.
SECTION 43. Section 101.056(a), Election Code, is amended
to read as follows:
(a) The balloting materials provided under this subchapter
shall be airmailed to the voter free of United States postage, as
provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], in an envelope labeled "Official Election
Balloting Material - via Airmail." The secretary of state shall
provide early voting clerks with instructions on compliance with
this subsection.
SECTION 44. Section 101.057(b), Election Code, is amended
to read as follows:
(b) A ballot voted by a voter described by Section
101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
arrives at the address on the carrier envelope not later than the
sixth day after the date of the election, except that if that date
falls on a Saturday, Sunday, or legal state or national holiday,
then the deadline is extended to the next regular business day.
SECTION 45. Section 101.058, Election Code, is amended to
read as follows:
Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this subchapter shall
be prepared so that it can be mailed free of United States postage,
as provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], and must contain the label prescribed by
Section 101.056(a) for the envelope in which the balloting
materials are sent to a voter. The secretary of state shall provide
early voting clerks with instructions on compliance with this
section.
SECTION 46. Section 101.102(b), Election Code, is amended
to read as follows:
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 101.001(2)(C), has provided a current mailing address that
is located outside the United States; or
(B) if the requestor is a person described by
Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
mailing address that is located outside the requestor's county of
residence;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the deadline
prescribed by Section 84.007 [seventh day before the date of the
election]; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
SECTION 47. Section 101.107(a), Election Code, is amended
to read as follows:
(a) A voter described by Section 101.001(2)(A), [or] (B), or
(B-1) must be voting from outside the voter's county of
residence. A voter described by Section 101.001(2)(C) must be
voting from outside the United States.
SECTION 48. Section 102.002, Election Code, is amended to
read as follows:
Sec. 102.002. CONTENTS OF APPLICATION. An application for
a late ballot must comply with the applicable provisions of Section
84.002 and must include or be accompanied by a certificate of a
licensed physician or chiropractor or accredited Christian Science
practitioner in substantially the following form:
"This is to certify that I know that __________ has a sickness
or physical condition that will prevent him or her from appearing at
the polling place for an election to be held on the __________ day
of __________, 20 [19]___, without a likelihood of needing personal
assistance or of injuring his or her health and that the sickness or
physical condition originated on or after __________.
"Witness my hand at __________, Texas, this __________ day of
__________, 20 [19]___.
________________________________
(signature of physician,
chiropractor, or practitioner)"
SECTION 49. Section 113.003, Election Code, is amended to
read as follows:
Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
application for a presidential ballot to be voted by mail must be
submitted to the early voting clerk serving the county of the
applicant's most recent registration to vote by the deadline
prescribed by Section 84.007.
SECTION 50. Section 141.032(g), Election Code, is amended
to read as follows:
(g) Except as otherwise provided by this code [After the
filing deadline]:
(1) a candidate may not amend an application filed
under Section 141.031; and
(2) the authority with whom the application is filed
may not accept an amendment to an application filed under Section
141.031.
SECTION 51. Section 141.034(a), Election Code, is amended
to read as follows:
(a) An application for a place on the ballot may not be
challenged for compliance with the applicable requirements as to
form, content, and procedure after the day before any ballot to be
voted early by mail in the election for which the application is
made is mailed [to an address in the authority's jurisdiction for
the election for which the application is made].
SECTION 52. The heading to Section 141.040, Election Code,
is amended to read as follows:
Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.
SECTION 53. Section 141.040, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An authority may designate an e-mail address in the
notice required by this section for the purpose of filing an
application for a place on the ballot under Section 143.004.
SECTION 54. Section 143.004, Election Code, is amended to
read as follows:
Sec. 143.004. APPLICATION REQUIRED. (a) Subject to
Section 143.005, to be entitled to a place on the ballot, a
candidate must make an application for a place on the ballot.
(b) An application, other than an application required to be
accompanied by fee or petition, may be filed through e-mail
transmission of the completed application in a scanned format only
if the filing authority designates an e-mail address for this
purpose in the notice required under Section 141.040.
SECTION 55. Section 144.003(a), Election Code, is amended
to read as follows:
(a) Except as otherwise provided by law, to be entitled to a
place on the ballot, a candidate must make an application for a
place on the ballot. An application, other than an application
required to be accompanied by fee or petition, may be filed through
e-mail transmission of the completed application in a scanned
format only if the filing authority designates an e-mail address
for this purpose in the notice required under Section 141.040.
SECTION 56. Section 192.033(d), Election Code, is amended
to read as follows:
(d) In conjunction with the certification required under
Subsection (a), the secretary of state shall include appropriate
ballot translation language, as applicable, for each language
certified statewide or in a specific county by the director of the
census under the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [42 U.S.C.
Section 1973aa-1a].
SECTION 57. Subchapter B, Chapter 201, Election Code, is
amended by adding Section 201.030 to read as follows:
Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For
cities conducting recall elections, a vacancy in the officer's
office occurs on the date of the final canvass of a successful
recall election.
SECTION 58. Section 203.004(b), Election Code, is amended
to read as follows:
(b) If the election is to be held as an emergency election,
it shall be held on a Tuesday or Saturday occurring on or after the
36th day and before the 64th [50th] day after the date the election
is ordered.
SECTION 59. Section 212.001, Election Code, is amended to
read as follows:
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
recount document submitted under this title must:
(1) be in writing;
(2) identify the office or measure for which a recount
is desired;
(3) state the grounds for the recount;
(4) state the side of the measure that the person
requesting the recount represents, if applicable;
(5) identify the election precincts, grouped by county
or other appropriate territorial unit if the election involves more
than one local canvassing authority, for which a recount is desired
and must indicate the method of voting used in each precinct;
(6) be signed by:
(A) the person requesting the recount or, if
there is more than one, any one or more of them; or
(B) an agent of the person requesting the
recount;
(7) state each requesting person's name, residence
address, and, if authorization to obtain the recount is based on
eligibility to vote in the election, voter registration number, and
county of registration if the election covers territory in more
than one county;
(8) designate an agent who is a resident of this state
to receive notice under this title on behalf of the person
requesting the recount if:
(A) the person requesting the recount is not a
resident of this state; or
(B) there is more than one person requesting the
recount;
(9) state the mailing address and at least one
telephone number, if any, at which the person requesting the
recount or an agent, identified by name, may receive notice given
under this title;
(10) state the mailing address, e-mail address, if
any, and at least one telephone number, if any, at which the
opposing candidates for the office or their agents, identified by
name, may receive notice given under this title; and
(11) be accompanied by a deposit as provided by
Subchapter E.
SECTION 60. Section 212.002(b), Election Code, is amended
to read as follows:
(b) The designation is not effective unless the document
states the designee's name, address, e-mail address, if any, and
telephone number, if any.
SECTION 61. Section 212.028(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a petition for an
initial recount must be submitted by [the later of:
[(1) 5 p.m. of the fifth day after election day; or
[(2)] 5 p.m. of the second day after the date the
canvassing authority to whose presiding officer the petition must
be submitted completes its canvass of the original election
returns.
SECTION 62. Section 212.031(a), Election Code, is amended
to read as follows:
(a) If a recount petition complies with the applicable
requirements, the recount coordinator shall approve the petition
and note on the petition its approved status and the date of the
approval. The recount coordinator shall immediately notify the
recount supervisor of the approval. The recount supervisor shall,
with the written approval of the recount coordinator, order the
recount to be held on the earlier of [a date occurring not later
than] the seventh day after the date the petition is determined to
comply with the applicable requirements or the day after all
ballots have been delivered to the general custodian of election
records.
SECTION 63. Section 212.083, Election Code, is amended to
read as follows:
Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The
deadline for submitting a recount petition under this subchapter is
[the later of:
[(1) 2 p.m. of the third day after election day; or
[(2)] 2 p.m. of the first day after the date of the
local canvass.
SECTION 64. Section 212.112, Election Code, is amended to
read as follows:
Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
deposit is:
(1) $60 for each of the entity's election day polling
places [precinct] in which regular paper ballots were used; and
(2) $100 for each of the entity's election day polling
places [precinct] in which an electronic voting system was used.
SECTION 65. Section 216.003, Election Code, is amended to
read as follows:
Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes
of initiating an automatic recount, the authority designated under
Section 212.026 shall order the recount [request the recount in the
same manner as a recount petitioner under this title].
SECTION 66. (a) The following provisions of the Election
Code are repealed:
(1) Sections 15.082(c) and (d);
(2) Subchapter F, Chapter 15;
(3) Section 18.0051;
(4) Section 18.008(c);
(5) Section 42.061(c);
(6) Section 87.101;
(7) Section 105.002; and
(8) Section 145.092(e).
(b) Section 5, Chapter 404 (H.B. 25), Acts of the 85th
Legislature, Regular Session, 2017, which amended Section
105.002(c), Election Code, is repealed.
SECTION 67. This Act takes effect September 1, 2019.