Bill Text: TX HB1459 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the appointment of early voting boards, including the signature verification committee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB1459 Detail]
Download: Texas-2019-HB1459-Comm_Sub.html
86R19667 SRS-F | |||
By: González of Dallas | H.B. No. 1459 | ||
Substitute the following for H.B. No. 1459: | |||
By: Klick | C.S.H.B. No. 1459 |
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relating to the appointment of early voting boards, including the | ||
signature verification committee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 87.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting | ||
ballot board consists of a presiding judge, an alternate presiding | ||
judge, and at least two other members. | ||
(b) Except as provided by Subsection (d), the presiding | ||
judge and the alternate presiding judge are [ |
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same manner as a presiding election judge under Section 32.002. | ||
Except as provided by Subsection (c), the other members are | ||
appointed by the presiding judge in the same manner as the precinct | ||
election clerks. | ||
(c) In the general election for state and county officers, | ||
each county chair of a political party with nominees on the general | ||
election ballot shall submit to the county election board a list of | ||
names of persons eligible to serve on the early voting ballot board. | ||
The county election board shall appoint at least one person from | ||
each list to serve as a member of the early voting ballot board. The | ||
same number of members must be appointed from each list. If a | ||
political party does not submit a list, the county election board | ||
may make appointments to the board as necessary from any political | ||
party. | ||
(d) In addition to the members appointed under Subsection | ||
(c), the county election board shall appoint the presiding judge | ||
from the list provided under that subsection by the political party | ||
whose nominee for governor received the most votes in the county in | ||
the most recent gubernatorial general election and the alternate | ||
presiding judge from the list provided under that subsection by the | ||
political party whose nominee for governor received the second most | ||
votes in the county in the most recent gubernatorial general | ||
election. | ||
SECTION 2. Sections 87.027(d), (i), and (j), Election Code, | ||
are amended to read as follows: | ||
(d) The early voting clerk shall determine the number of | ||
members who are to compose the signature verification committee and | ||
shall state that number in the order calling for the committee's | ||
appointment. A committee must consist of not fewer than five | ||
members. In an election in which party alignment is indicated on | ||
the ballot, each county chair of a political party with a nominee or | ||
aligned candidate on the ballot shall submit to the appointing | ||
authority a list of names of persons eligible to serve on the | ||
signature verification committee. The authority shall appoint at | ||
least two persons from each list to serve as members of the | ||
committee. The same number of members must be appointed from each | ||
list. The authority shall appoint the chair of the committee from | ||
the list provided by the political party whose nominee for governor | ||
received the most votes in the county in the most recent | ||
gubernatorial general election. The authority shall also appoint a | ||
vice chair of the committee from the list provided by a political | ||
party whose nominee for governor received the second most votes in | ||
the county in the most recent gubernatorial general election. If a | ||
political party does not submit a list, the authority may make | ||
appointments as needed from any political party. A vacancy on the | ||
committee shall be filled by appointment from the original list or | ||
from a new list submitted by the appropriate county chair. | ||
(i) The signature verification committee shall compare the | ||
signature on each carrier envelope certificate, except those signed | ||
for a voter by a witness, with the signature on the voter's ballot | ||
application to determine whether the signatures are those of the | ||
voter. While the committee is reviewing signatures, an equal | ||
number of committee members from each political party that | ||
submitted a list of names shall be present to the extent | ||
practicable. The committee may also compare the signatures with | ||
any two or more signatures of the voter made within the preceding | ||
six years and on file with the county clerk or voter registrar to | ||
determine whether the signatures are those of the voter. Except as | ||
provided by Subsection (l), a determination under this subsection | ||
that the signatures are not those of the voter must be made by a | ||
majority vote of the committee's membership. If a tie vote of the | ||
committee's membership occurs, the signatures are considered to be | ||
those of the voter. The committee shall place the jacket envelopes, | ||
carrier envelopes, and applications of voters whose signatures are | ||
not those of the voter in separate containers from those of voters | ||
whose signatures are those of the voter. The committee chair shall | ||
deliver the sorted materials to the early voting ballot board at the | ||
time specified by the board's presiding judge. | ||
(j) If a signature verification committee is appointed, the | ||
early voting ballot board shall follow the same procedure for | ||
accepting the early voting ballots voted by mail as in an election | ||
without a signature verification committee, except that the board | ||
may not determine whether a voter's signatures on the carrier | ||
envelope certificate and ballot application are those of the same | ||
person if the committee has determined that the signatures are | ||
those of the same person. If the committee has determined that the | ||
signatures are not those of the same person, the board may make a | ||
determination that the signatures are those of the same person by a | ||
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a tie vote of the board's membership occurs, the signatures are | ||
considered to be those of the same person. | ||
SECTION 3. This Act takes effect September 1, 2019. |