Bill Text: TX HB48 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to allowing straight-party voting.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-08-06 - Filed [HB48 Detail]
Download: Texas-2021-HB48-Introduced.html
| By: Reynolds | H.B. No. 48 | |
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| relating to allowing straight-party voting. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1.005, Election Code, is amended by | ||
| adding Subdivision (20) to read as follows: | ||
| (20) "Straight-party vote" means a vote by a single | ||
| mark, punch, or other action by the voter for all the nominees of | ||
| one political party and for no other candidates. | ||
| SECTION 2. Section 31.012(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) The secretary of state and the voter registrar of each | ||
| county that maintains a website shall provide notice of the | ||
| identification requirements for voting prescribed by Chapter 63 | ||
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| each entity's respective website in each language in which voter | ||
| registration [ |
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| of state shall prescribe the wording of the notice to be included on | ||
| the websites. | ||
| SECTION 3. Subchapter C, Chapter 52, Election Code, is | ||
| amended by adding Section 52.071 to read as follows: | ||
| Sec. 52.071. VOTING SHAPE AND INSTRUCTION FOR | ||
| STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column | ||
| appears, a shape larger than the shape prescribed by Section | ||
| 52.070(a) shall be printed to the left of each political party's | ||
| name. | ||
| (b) The following instruction shall be added to the | ||
| instruction required by Section 52.070(b): "You may cast a | ||
| straight-party vote (that is, cast a vote for all the nominees of | ||
| one party) by placing an 'X' or filling in the shape beside the name | ||
| of the party of your choice. If you cast a straight-party vote for | ||
| all the nominees of one party and also cast a vote for an opponent of | ||
| one of that party's nominees, your vote for the opponent will be | ||
| counted as well as your vote for all the other nominees of the party | ||
| for which the straight-party vote was cast." | ||
| SECTION 4. Section 52.073, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 52.073. VOTING SHAPE [ |
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| PROPOSITIONS. (a) On a ballot on which a proposition is to appear, | ||
| "FOR" and, below it, "AGAINST" shall be printed to the left of the | ||
| proposition. | ||
| (b) A brace or other suitable device shall be printed to | ||
| indicate to which proposition each "FOR" and "AGAINST" applies. | ||
| (c) A shape [ |
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| of each "FOR" and each "AGAINST." | ||
| (d) Immediately above the propositions, the following | ||
| instruction shall be printed: "Place an 'X' or fill in the shape | ||
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| (e) The authority responsible for prescribing the wording | ||
| of a proposition may substitute "YES" and "NO" on the ballot for | ||
| "FOR" and "AGAINST" if the authority considers those words more | ||
| appropriate. | ||
| SECTION 5. Section 62.011(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) The poster must include instructions applicable to the | ||
| election on: | ||
| (1) marking and depositing the ballot; | ||
| (2) voting for a write-in candidate; | ||
| (3) casting a provisional ballot; [ |
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| (4) securing an additional ballot if the voter's | ||
| original ballot is spoiled; and | ||
| (5) casting a straight-party vote. | ||
| SECTION 6. Subchapter A, Chapter 64, Election Code, is | ||
| amended by adding Section 64.004 to read as follows: | ||
| Sec. 64.004. MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an | ||
| election in which a single shape is provided on the ballot for | ||
| casting a straight-party vote, a straight-party vote must be | ||
| indicated by placing an "X" or other mark that clearly shows the | ||
| voter's intent or filling in the shape beside the name of the | ||
| appropriate political party. | ||
| SECTION 7. Subchapter A, Chapter 65, Election Code, is | ||
| amended by adding Section 65.007 to read as follows: | ||
| Sec. 65.007. TALLYING STRAIGHT-PARTY VOTES. (a) In an | ||
| election in which a single shape is provided on the ballot for | ||
| casting a straight-party vote, the tally lists shall contain spaces | ||
| for tallying those votes. | ||
| (b) Except as provided by Subsection (c) or (d), each | ||
| straight-party vote shall be tallied for the party receiving the | ||
| vote instead of being tallied for the individual candidates of the | ||
| party. The total number of straight-party votes tallied for each | ||
| party shall be added to the total votes received for each of the | ||
| party nominees individually. | ||
| (c) If a ballot indicates a straight-party vote and a vote | ||
| for an opponent of one or more of that party's nominees, a vote | ||
| shall be counted for the opponent and for each of the party's other | ||
| nominees whether or not any of those nominees have received | ||
| individual votes. | ||
| (d) If a ballot indicates straight-party votes for more than | ||
| one party, those votes may not be tallied and a vote shall be | ||
| counted for each candidate receiving an individual vote if no other | ||
| individual votes are received in that race. If no candidate | ||
| receives an individual vote, the portion of the ballot for offices | ||
| may not be counted. | ||
| SECTION 8. Section 65.011, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 65.011. OVERVOTING. Except as provided by Section | ||
| 65.007(c) or (d), if [ |
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| candidates for an office than the number of persons to be elected | ||
| for that office, none of the votes may be counted for that office. | ||
| SECTION 9. Section 122.001, Election Code, is amended by | ||
| amending Subsection (a) and adding Subsection (b) to read as | ||
| follows: | ||
| (a) A voting system may not be used in an election unless the | ||
| system: | ||
| (1) preserves the secrecy of the ballot; | ||
| (2) is suitable for the purpose for which it is | ||
| intended; | ||
| (3) operates safely, efficiently, and accurately and | ||
| complies with the voting system standards adopted by the Election | ||
| Assistance Commission; | ||
| (4) is safe from fraudulent or unauthorized | ||
| manipulation; | ||
| (5) permits voting on all offices and measures to be | ||
| voted on at the election; | ||
| (6) prevents counting votes on offices and measures on | ||
| which the voter is not entitled to vote; | ||
| (7) prevents counting votes by the same voter for more | ||
| than one candidate for the same office or, in elections in which a | ||
| voter is entitled to vote for more than one candidate for the same | ||
| office, prevents counting votes for more than the number of | ||
| candidates for which the voter is entitled to vote; | ||
| (8) prevents counting a vote on the same office or | ||
| measure more than once; | ||
| (9) permits write-in voting; [ |
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| (10) is capable of providing records from which the | ||
| operation of the voting system may be audited; and | ||
| (11) is capable of permitting straight-party voting. | ||
| (b) A voting system may not be used in an election in which | ||
| straight-party voting is permitted unless the system permits or | ||
| prevents, as applicable, counting votes in accordance with Sections | ||
| 65.007(c) and (d). | ||
| SECTION 10. Subchapter A, Chapter 124, Election Code, is | ||
| amended by adding Section 124.001 to read as follows: | ||
| Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election in | ||
| which voters are entitled to cast straight-party votes, the voting | ||
| system ballot shall be arranged to permit the voters to do so. | ||
| SECTION 11. Section 124.003, Election Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) The requirement that the ballot be arranged to permit | ||
| straight-party voting does not apply to candidates listed under the | ||
| uncontested races heading. | ||
| SECTION 12. Section 124.063, Election Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) The electronic system ballot for an election in which | ||
| straight-party voting is allowed must contain the instruction | ||
| prescribed by Section 52.071(b) with the language relating to | ||
| placing an "X" or filling in the party shape changed as appropriate | ||
| to accommodate the method by which the voter indicates a vote. | ||
| SECTION 13. Section 129.023(c), 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 write-in votes, when applicable to the | ||
| election; | ||
| (5) include provisional votes, if applicable to the | ||
| system being tested; | ||
| (6) calculate the expected results from the test | ||
| ballots; | ||
| (7) ensure that each voting machine has any public | ||
| counter reset to zero and presented to the testing board for | ||
| verification before testing; | ||
| (8) 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; | ||
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| (9) 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; and | ||
| (10) include straight-party votes and crossover | ||
| votes. | ||
| SECTION 14. Section 232.050, Election Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) The requirement that a ballot on which a party nominee | ||
| appears must be arranged to permit casting a straight-party vote | ||
| does not apply to the ballot for the new election if fewer than | ||
| three offices are to appear on the ballot. | ||
| SECTION 15. Sections 31.012(b-1) and (d), Election Code, | ||
| are repealed. | ||
| SECTION 16. This Act takes effect immediately if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for immediate | ||
| effect, this Act takes effect on the 91st day after the last day of | ||
| the legislative session. | ||
