82R7235 DRH-D
	By: Darby	H.B. No. 3497

	A BILL TO BE ENTITLED
	AN ACT
	relating to the inclusion in the results of an election of ballots
	that were mistakenly not counted.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 67, Election Code, is amended by adding
	Section 67.0045 to read as follows:
	Sec. 67.0045.  DISCOVERY OF ADDITIONAL BALLOTS AFTER LOCAL
	CANVASS. (a) If, before the 10th day after the date the local
	canvass is conducted, the general custodian of election records
	discovers legal ballots that were not counted and included in the
	local canvass of the election, the custodian shall notify the
	presiding officer of the local canvassing authority of the
	discovery.
	(b)  A presiding officer who is notified under Subsection (a)
	shall make an application to a district court of the county in which
	the canvassing authority is located for disposition of the ballots.
	The presiding officer shall provide notice to each entity that held
	an election for which the discovered ballots would affect the
	results.
	(c)  Not later than the third day after the date an
	application is made under Subsection (b), the district court shall
	hold a hearing on the application. The district court shall provide
	notice of the time of the hearing to the presiding officer of the
	local canvassing authority and each entity required to be notified
	under Subsection (b).
	(d)  Following the hearing, the court shall take any
	necessary action to include legal ballots that were not counted in
	the results of the election, including a revision of the totals of
	the final canvass. Action taken under this subsection does not
	affect the ability of a person to bring an election contest or
	request a recount, except that a petition for recount must be filed
	not later than the second day after the date the court enters an
	order under this subsection.
	SECTION 2.  This Act takes effect September 1, 2011.