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A BILL TO BE ENTITLED
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AN ACT
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relating to the canvass of election returns for the offices of |
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governor and lieutenant governor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 67.008(c), Election Code, is amended to |
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read as follows: |
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(c) The secretary of state shall [retain the returns in
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their sealed condition until the first day of the next regular
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legislative session, when the secretary shall] deliver the returns |
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to the attorney general [speaker of the house of representatives]. |
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SECTION 2. Section 67.011, Election Code, is amended to |
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read as follows: |
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Sec. 67.011. COUNTY RETURNS CANVASSED BY ATTORNEY GENERAL |
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[LEGISLATURE]. (a) The county election returns for an election for |
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the office of governor or lieutenant governor shall be canvassed by |
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the attorney general [legislature and the official result declared
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by the speaker of the house of representatives in accordance with
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Article IV, Section 3, of the Texas Constitution]. |
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(b) If a county's election returns are incomplete or |
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missing, the attorney general [legislature] may substitute the |
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secretary of state's tabulation for that county or may obtain the |
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necessary information from the county. On request of the attorney |
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general [legislature], the secretary of state or the county shall |
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promptly transmit the information to the attorney general |
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[legislature] by the most expeditious means available. |
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(c) On completion of the canvass, the attorney general |
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[speaker of the house of representatives] shall deliver the county |
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returns to the secretary of state, who shall retain them for the |
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period for preserving the precinct election records. |
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SECTION 3. Section 67.014, Election Code, is amended to |
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read as follows: |
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Sec. 67.014. DETERMINING OFFICIAL RESULT OF ELECTION |
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CANVASSED AT STATE LEVEL. The official result of an election |
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canvassed by the governor or by the attorney general [legislature] |
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is determined from the canvass of the county returns conducted by |
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that authority. |
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SECTION 4. Section 67.015(e), Election Code, is amended to |
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read as follows: |
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(e) If a discrepancy exists between the attorney general's |
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[legislature's] canvass of the election for governor or lieutenant |
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governor and the register entries pertaining to either of those |
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offices that are made from the secretary of state's tabulation, the |
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secretary shall make the entries in the register necessary to make |
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it correspond to the attorney general's [legislature's] canvass. |
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SECTION 5. Section 145.003(e), Election Code, is amended to |
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read as follows: |
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(e) In the case of a candidate for governor or lieutenant |
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governor, a declaration of ineligibility by the attorney general |
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[final canvassing authority's presiding officer] may not be made |
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after the final canvass for that office is completed. |
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SECTION 6. Section 213.059(c), Election Code, is amended to |
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read as follows: |
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(c) The recount supervisor shall deliver two copies of the |
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report prepared under Section 213.055 to the secretary of state. |
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The secretary shall use one copy for the tabulation of the votes |
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after the recount is completed. The secretary shall deliver the |
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other copy to the attorney general [speaker of the house of
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representatives]. |
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SECTION 7. Section 242.003(d), Election Code, is amended to |
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read as follows: |
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(d) The committee to which the contest is referred may treat |
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the tabulation as correct until the attorney general [speaker of
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the house of representatives] opens and publishes the official |
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election returns. If a discrepancy exists between the tabulation |
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and the attorney general's [speaker's] official count that might be |
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material to a determination of the contest, the committee shall |
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investigate the discrepancy to ascertain, if possible, the correct |
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vote count. |
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SECTION 8. This Act takes effect January 1, 2018, but only |
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if the constitutional amendment proposed by the 85th Legislature, |
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Regular Session, 2017, providing for the governor's and lieutenant |
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governor's terms of office to begin at 10 a.m. on the day preceding |
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the day the regular legislative session convenes is approved by the |
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voters. If that proposed constitutional amendment is not approved |
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by the voters, this Act has no effect. |