Bill Text: TX SB849 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to certain election practices and procedures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-11 - Not again placed on intent calendar [SB849 Detail]
Download: Texas-2011-SB849-Comm_Sub.html
By: Duncan | S.B. No. 849 | |
(In the Senate - Filed February 22, 2011; March 1, 2011, | ||
read first time and referred to Committee on State Affairs; | ||
May 4, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; May 4, 2011, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 849 | By: Duncan |
|
||
|
||
relating to certain election practices and procedures. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 18.064, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar | ||
fails to substantially comply with Section 15.083, 16.032, | ||
[ |
||
implementing the statewide computerized voter registration list, | ||
the registrar is not entitled to receive state funds for financing | ||
voter registration in the county. | ||
SECTION 2. Subsection (a), Section 18.065, Election Code, | ||
is amended to read as follows: | ||
(a) The secretary of state shall monitor each registrar for | ||
substantial compliance with Sections 15.083, 16.032, [ |
||
18.061 and with rules implementing the statewide computerized voter | ||
registration list. | ||
SECTION 3. Subchapter C, Chapter 18, Election Code, is | ||
amended by adding Section 18.068 to read as follows: | ||
Sec. 18.068. 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 registrar | ||
shall electronically submit to the secretary of state the record of | ||
each voter participating in the election. | ||
SECTION 4. Subsection (d), Section 19.002, Election Code, | ||
is amended to read as follows: | ||
(d) The comptroller may not issue a warrant if on June 1 of | ||
the year in which the warrant is to be issued the most recent notice | ||
received by the comptroller from the secretary of state under | ||
Section 18.065 indicates that the registrar is not in substantial | ||
compliance with Section 15.083, 16.032, [ |
||
rules implementing the registration service program. | ||
SECTION 5. Section 31.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. | ||
(a) If, after receiving a complaint alleging criminal conduct in | ||
connection with an election, the secretary of state determines that | ||
there is reasonable cause to suspect that the alleged criminal | ||
conduct occurred, the secretary shall promptly refer the complaint | ||
to the attorney general. The secretary shall deliver to the | ||
attorney general all pertinent documents in the secretary's | ||
possession. | ||
(b) The documents submitted to the attorney general under | ||
Subsection (a) are not considered public information until the | ||
attorney general has completed the investigation or has made a | ||
determination that the complaint referred does not warrant an | ||
investigation. | ||
SECTION 6. Subsection (b), Section 31.092, Election Code, | ||
is amended to read as follows: | ||
(b) The county election officer may contract with the county | ||
executive committee of a political party holding a primary election | ||
in the county to perform election services, as provided by this | ||
subchapter, in the party's general primary election or runoff | ||
primary election, or both. [ |
||
|
||
|
||
|
||
SECTION 7. Subsection (a), Section 31.093, Election Code, | ||
is amended to read as follows: | ||
(a) If requested to do so by a political subdivision or | ||
political party, 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 8. Subsection (c), Section 32.002, Election Code, | ||
is amended to read as follows: | ||
(c) The presiding judge and alternate presiding judge must | ||
be affiliated or aligned with different political parties, subject | ||
to this subsection. Before July of each year in a county to which | ||
Subsection (a)(1) applies or before August of each year in a county | ||
to which Subsection (a)(2) applies, the county chair of a political | ||
party whose candidate for governor received the highest or second | ||
highest number of votes in the county in the most recent | ||
gubernatorial general election shall submit in writing to the | ||
commissioners court a list of names of persons in order of | ||
preference for each precinct who are eligible for appointment as an | ||
election judge. The county chair may supplement the list of names | ||
of persons until the 20th day before a general election or the 15th | ||
day before a special election in case an appointed election judge | ||
becomes unable to serve. The commissioners court shall appoint the | ||
first person meeting the applicable eligibility requirements from | ||
the list submitted in compliance with this subsection by the party | ||
with the highest number of votes in the precinct as the presiding | ||
judge and the first person meeting the applicable eligibility | ||
requirements from the list submitted in compliance with this | ||
subsection by the party with the second highest number of votes in | ||
the precinct as the alternate presiding judge. If the candidates | ||
for governor of two political parties received the same number of | ||
votes in the precinct, the first person meeting the applicable | ||
eligibility requirements from the list submitted by the party whose | ||
candidate for governor received the highest number of votes in the | ||
county shall be appointed as the presiding judge and the first | ||
person meeting the applicable eligibility requirements from the | ||
list submitted by the party whose candidate for governor received | ||
the second highest number of votes in the county shall be appointed | ||
as the alternate presiding judge. The commissioners court may | ||
reject the list if the persons whose names are submitted on the list | ||
are determined not to meet the applicable eligibility requirements. | ||
SECTION 9. Subsection (b), Section 33.006, Election Code, | ||
is amended to read as follows: | ||
(b) A certificate of appointment must: | ||
(1) be in writing and signed by the appointing | ||
authority or, for an appointment for a write-in candidate under | ||
Section 33.004, by each of the voters making the appointment; | ||
(2) indicate the capacity in which the appointing | ||
authority is acting; | ||
(3) state the name, residence address, and voter | ||
registration number of the appointee and be signed by the | ||
appointee; | ||
(4) identify the election and the precinct polling | ||
place or other location at which the appointee is to serve; | ||
(5) in an election on a measure, identify the measure | ||
if more than one is to be voted on and state which side of the | ||
measure the appointee represents; and | ||
(6) contain an affidavit executed by the appointee | ||
stating that the appointee will not have possession of a device | ||
capable [ |
||
sound or that the appointee will disable or deactivate the device | ||
while serving as a watcher. | ||
SECTION 10. Subsection (c), Section 33.051, Election Code, | ||
is amended to read as follows: | ||
(c) A watcher may not be accepted for service if the watcher | ||
has possession of a device capable [ |
||
|
||
disable or deactivate the device. The presiding judge may inquire | ||
whether a watcher has possession of any prohibited recording device | ||
before accepting the watcher for service. | ||
SECTION 11. Section 66.058, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (h) to read as | ||
follows: | ||
(a) Except as otherwise provided by this code, the precinct | ||
election records shall be preserved by the authority to whom they | ||
are distributed: | ||
(1) in an election involving a federal office, for at | ||
least 22 months after election day in accordance with federal law; | ||
or | ||
(2) in an election not involving a federal office, for | ||
at least six months after election day. | ||
(h) For the preservation of precinct election records in an | ||
election involving a federal office, the secretary of state shall | ||
instruct the affected authorities on the actions necessary to | ||
comply with federal law and otherwise implement this section. | ||
SECTION 12. Subsections (b), (d), and (f), Section 85.032, | ||
Election Code, are amended to read as follows: | ||
(b) The ballot box in which voters deposit their marked | ||
early voting ballots must have two locks, each with a different key, | ||
and must be designed and constructed so that the box can be sealed | ||
to detect any unauthorized opening of the box and that the ballot | ||
slot can be sealed to prevent any unauthorized deposit in the box. | ||
The seals for the boxes must be serially numbered for each election. | ||
The procedures prescribed by Sections 127.064, 127.065, 127.066, | ||
and 127.068 governing the use of sealed ballot boxes in electronic | ||
voting system elections apply to the use of sealed ballot boxes | ||
under this title to the extent those procedures can be made | ||
applicable[ |
||
|
||
shall prescribe any procedures necessary to implement the use of | ||
sealed ballot boxes in early voting. | ||
(d) Each custodian shall retain possession of the key | ||
entrusted to the custodian until it is delivered to the presiding | ||
judge of the central counting station [ |
||
|
||
(f) The secretary of state shall prescribe procedures | ||
providing for the security of the voted early voting ballots from | ||
the last day of voting by personal appearance at a polling place | ||
until the day the ballots are counted. [ |
||
|
||
|
||
SECTION 13. 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 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 14. Subsection (a), Section 87.0221, Election Code, | ||
is amended to read as follows: | ||
(a) In an election in which regular paper ballots are used | ||
for early voting by personal appearance or by mail, the materials | ||
may be delivered to the board between the end 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 15. Subsection (a), Section 87.023, Election Code, | ||
is amended to read as follows: | ||
(a) In an election in which early voting ballots are to be | ||
counted by automatic tabulating equipment at a central counting | ||
station, the ballots voted by mail to be automatically counted may | ||
be delivered to the board between the end 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 intervals | ||
specified by the presiding judge of the board. | ||
SECTION 16. Section 101.013, Election Code, is amended to | ||
read as follows: | ||
Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. (a) The | ||
secretary of state is designated as the state office to provide | ||
information regarding voter registration procedures and absentee | ||
ballot procedures, including procedures related to the federal | ||
write-in absentee ballot, to be used by persons eligible to vote | ||
under the federal Uniformed and Overseas Citizens Absentee Voting | ||
Act (42 U.S.C. Section 1973ff et seq.), as amended. | ||
(b) The secretary of state is designated as the state | ||
coordinator between military and overseas voters and county | ||
election officials. A county election official shall: | ||
(1) cooperate with the secretary of state to ensure | ||
that military and overseas voters timely receive accurate balloting | ||
materials that a voter is able to cast in time for the election; and | ||
(2) otherwise comply with the federal Military and | ||
Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, | ||
Subt. H). | ||
(c) The secretary of state may adopt rules as necessary to | ||
implement this section. | ||
SECTION 17. Subsection (a), Section 112.002, Election Code, | ||
is amended to read as follows: | ||
(a) After changing residence to another county, a person is | ||
eligible to vote a limited ballot by personal appearance during the | ||
early voting period or by mail if: | ||
(1) the person would have been eligible to vote in the | ||
county of former residence on election day if still residing in that | ||
county; | ||
(2) the person is registered to vote in the county of | ||
former residence at the time the person: | ||
(A) offers to vote in the county of new | ||
residence; or | ||
(B) submitted a voter registration application | ||
in the county of new residence; and | ||
(3) a voter registration for the person in the county | ||
of new residence is not effective on or before election day. | ||
SECTION 18. Section 127.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 127.007. PLAN FOR COUNTING STATION OPERATION. | ||
(a) The manager shall establish and implement a written plan for | ||
the orderly operation of the central counting station. | ||
(b) The plan required under this section must address the | ||
process for comparing the number of voters who signed the | ||
combination form with the number of votes cast for the entire | ||
election. | ||
SECTION 19. Subsection (c), Section 129.023, Election Code, | ||
is amended to read as follows: | ||
(c) The general custodian of election records shall adopt | ||
procedures for testing that: | ||
(1) direct the testing board to cast votes; | ||
(2) verify that each contest position, as well as each | ||
precinct and ballot style, on the ballot can be voted and is | ||
accurately counted [ |
||
(3) include overvotes and undervotes for each race, if | ||
applicable to the system being tested; | ||
(4) include straight-party votes and crossover votes; | ||
(5) include write-in votes, when applicable to the | ||
election; | ||
(6) include provisional votes, if applicable to the | ||
system being tested; | ||
(7) calculate the expected results from the test | ||
ballots; | ||
(8) ensure that each voting machine has any public | ||
counter reset to zero and presented to the testing board for | ||
verification before testing; | ||
(9) require that, for each feature of the system that | ||
allows disabled voters to cast a ballot, at least one vote be cast | ||
and verified by a two-person testing board team using that feature; | ||
and | ||
(10) require that, when all votes are cast, the | ||
general custodian of election records and the testing board observe | ||
the tabulation of all ballots and compare the actual results to the | ||
expected results. | ||
SECTION 20. Section 141.040, Election Code, is amended to | ||
read as follows: | ||
Sec. 141.040. NOTICE OF DEADLINES. (a) The authority with | ||
whom [ |
||
|
||
this subchapter[ |
||
filed shall post notice of the dates of the filing period in a | ||
public place in a building in which the authority has an office not | ||
later than the 30th day before: | ||
(1) the first day on which a candidate may file the | ||
application; or | ||
(2) the last day on which a candidate may file the | ||
application, if this code does not designate a first day on which | ||
the candidate may file the application. | ||
(b) This section does not apply to an office filled at the | ||
general election for state and county officers. | ||
SECTION 21. Section 145.001, Election Code, is amended by | ||
amending Subsection (b) and by adding Subsection (d-1) to read as | ||
follows: | ||
(b) A [ |
||
(1) be in writing and be signed and acknowledged by the | ||
candidate; and | ||
(2) be timely filed with the appropriate authority or | ||
an agent of an authority only as expressly provided by this code. | ||
(d-1) A withdrawal that is not filed in compliance with | ||
Subsection (b) has no legal effect and is not considered filed. | ||
SECTION 22. Section 145.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN, | ||
OR INELIGIBLE CANDIDATE. (a) If the name of a deceased, | ||
withdrawn, or ineligible candidate appears on the ballot under this | ||
chapter, the votes cast for the candidate shall be counted and | ||
entered on the official election returns in the same manner as for | ||
the other candidates. | ||
(b) If the deceased, withdrawn, or ineligible candidate | ||
receives the vote required for election, the resulting vacancy | ||
shall be filled in the regular manner. | ||
(c) If the deceased, withdrawn, or ineligible candidate and | ||
another candidate tie for the most votes in an election in which a | ||
plurality vote is sufficient for election, the other candidate is | ||
considered to be elected. If more than one other candidate is tied | ||
with the deceased, withdrawn, or ineligible candidate, the winner | ||
of the election shall be determined by resolving the tie between the | ||
other candidates in the regular manner for resolving a tie vote in | ||
the election. | ||
(d) In a race in which a runoff is required, if the deceased, | ||
withdrawn, or ineligible candidate received the vote that would | ||
entitle the candidate to a place on the runoff election ballot or | ||
tied for that number of votes, the candidates in the runoff shall be | ||
determined in the regular manner but without regard to the votes | ||
received by the deceased, withdrawn, or ineligible candidate. | ||
SECTION 23. Subsections (a) and (d), Section 145.092, | ||
Election Code, are amended to read as follows: | ||
(a) Except as otherwise provided by this section, a | ||
candidate may not withdraw from an election after 5 p.m. of the | ||
third day after the deadline for filing the candidate's application | ||
for a place on the ballot [ |
||
|
||
(d) A candidate in a runoff election [ |
||
|
||
election after 5 p.m. of the third day after the date of the main | ||
election. | ||
SECTION 24. Subsection (a), Section 145.094, Election Code, | ||
is amended to read as follows: | ||
(a) The name of a candidate shall be omitted from the ballot | ||
if the candidate: | ||
(1) dies before the second day before the date of the | ||
deadline for filing the candidate's application for a place on the | ||
ballot; | ||
(2) withdraws or is declared ineligible within the | ||
time prescribed by Section 145.092(a) [ |
||
|
||
in an election subject to that section [ |
||
(3) withdraws or is declared ineligible within the | ||
time prescribed by Section 145.092(b) [ |
||
|
||
[ |
||
(4) withdraws or is declared ineligible within the | ||
time prescribed by Section 145.092(f) [ |
||
|
||
[ |
||
SECTION 25. Subsection (a), Section 172.052, Election Code, | ||
is amended to read as follows: | ||
(a) A candidate for nomination may not withdraw from the | ||
general primary election after the first day after the deadline for | ||
filing the candidate's application for a place on the general | ||
primary election ballot [ |
||
|
||
SECTION 26. Section 172.057, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE | ||
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A | ||
candidate's name shall be omitted from the general primary election | ||
ballot if the candidate withdraws, dies, or is declared ineligible | ||
within the time prescribed by Section 172.052(a) [ |
||
|
||
SECTION 27. Subsection (i), Section 213.013, Election Code, | ||
is amended to read as follows: | ||
(i) No device capable [ |
||
recording images or sound is [ |
||
the recount is conducted, or in any hallway or corridor in the | ||
building in which the recount is conducted within 30 feet of the | ||
entrance to the room, while the recount is in progress unless the | ||
person entitled to be present at the recount agrees to disable or | ||
deactivate the device. However, on request of a person entitled to | ||
appoint watchers to serve at the recount, the recount committee | ||
chair shall permit the person to photocopy under the chair's | ||
supervision any ballot, including any supporting materials, | ||
challenged by the person or person's watcher. The person must pay a | ||
reasonable charge for making the copies and, if no photocopying | ||
equipment is available, may supply that equipment at the person's | ||
expense. The person shall provide a copy on request to another | ||
person entitled to appoint watchers to serve at the recount. | ||
SECTION 28. Section 216.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY. | ||
Except as otherwise provided by this chapter, this title, including | ||
the notice requirement of Section 213.009, applies to a recount | ||
conducted under this chapter with appropriate modifications as | ||
prescribed by the secretary of state. | ||
SECTION 29. Subsection (c), Section 232.008, Election Code, | ||
is amended to read as follows: | ||
(c) A contestant must file the petition not later than the | ||
10th day after the date the official result is determined in a | ||
contest of: | ||
(1) a primary or runoff primary election; or | ||
(2) a general or special election for which a runoff is | ||
necessary according to the official result or will be necessary if | ||
the contestant prevails. | ||
SECTION 30. Section 253.167, Election Code, is amended to | ||
read as follows: | ||
Sec. 253.167. CERTIFICATION OF POPULATION; NOTICE OF | ||
CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this | ||
subchapter only, not later than June 1 of each odd-numbered year, | ||
the commission [ |
||
(1) make [ |
||
certification of the population of each judicial district for which | ||
a candidate for judge or justice must file a campaign treasurer | ||
appointment with the commission; and | ||
(2) deliver to the county clerk of each county a | ||
written certification of the county's population, if the county: | ||
(A) comprises an entire judicial district under | ||
Chapter 26, Government Code; or | ||
(B) has a statutory county court or statutory | ||
probate court, other than a multicounty statutory county court | ||
created under Subchapter D, Chapter 25, Government Code. | ||
(b) Following [ |
||
population under Subsection (a), the commission or county clerk, as | ||
appropriate, shall make available to each candidate for an office | ||
covered by this subchapter written notice of the contribution and | ||
expenditure limits applicable to the office the candidate seeks. | ||
SECTION 31. Section 501.001, Election Code, is amended by | ||
adding Subdivision (4) to read as follows: | ||
(4) "Political subdivision" includes a justice | ||
precinct. | ||
SECTION 32. Subsection (a), Section 501.023, Election Code, | ||
is amended to read as follows: | ||
(a) If 10 or more qualified voters of any county, justice | ||
precinct, or municipality file a written application and provide | ||
proof of publication of notice in a newspaper of general | ||
circulation in that political subdivision, the county clerk of the | ||
county shall issue to the applicants a petition to be circulated | ||
among the qualified voters of the political subdivision for the | ||
signatures of those qualified voters who desire that a local option | ||
election be called for the purpose of determining whether the sale | ||
of alcoholic beverages of one or more of the various types and | ||
alcoholic contents shall be prohibited or legalized in the | ||
political subdivision. The notice must include: | ||
(1) the individual or entity that is applying for the | ||
petition to gather signatures for a local option liquor election; | ||
(2) the type of local option liquor election; | ||
(3) the name of the political subdivision in which the | ||
petition will be circulated; and | ||
(4) the name and title of the person with whom the | ||
application will be filed. | ||
SECTION 33. Subsection (a), Section 501.108, Election Code, | ||
is amended to read as follows: | ||
(a) If a county is not required to pay the initial expense, | ||
regardless of any authority to receive reimbursement, of a local | ||
option election under Section 501.107, the county clerk shall | ||
require the applicants for a petition for a local option election to | ||
make a deposit before the issuance of the petition. | ||
SECTION 34. Sections 18.041 and 18.042 and Subsection (c), | ||
Section 145.092, Election Code, are repealed. | ||
SECTION 35. This Act takes effect September 1, 2011. | ||
* * * * * |