Bill Text: TX SB405 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to voting and election procedures; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-01 - Referred to State Affairs [SB405 Detail]
Download: Texas-2017-SB405-Introduced.html
85R4826 ADM-D | ||
By: Hall | S.B. No. 405 |
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relating to voting and election procedures; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 52.075, Election Code, is amended to | ||
read as follows: | ||
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING | ||
SYSTEMS. The secretary of state may prescribe the form and content | ||
of a ballot for an election using a voting system, including an | ||
electronic voting system [ |
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requirements of the system. | ||
SECTION 2. Sections 85.001(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The period for early voting by personal appearance | ||
begins on the 10th [ |
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through the fourth day before election day, except as otherwise | ||
provided by this section. | ||
(c) If the date prescribed by Subsection (a) [ |
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beginning the period is a Saturday, Sunday, or legal state holiday, | ||
the early voting period begins on the next regular business day. | ||
SECTION 3. Section 85.005(d), Election Code, is amended to | ||
read as follows: | ||
(d) In an election ordered by a city, early voting by | ||
personal appearance at the main early voting polling place shall be | ||
conducted for at least 12 hours[ |
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SECTION 4. Sections 85.006(a), (d), and (e), Election Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b), the authority | ||
ordering an election may order early voting by personal appearance | ||
at the main early voting polling place to be conducted on a Saturday | ||
or Sunday [ |
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period. | ||
(d) The authority authorized to order early voting on a | ||
Saturday or Sunday under Subsection (a) or (b) shall order the | ||
voting under the applicable subsection on receipt of a written | ||
request submitted by at least 15 registered voters of the territory | ||
covered by the election. The request must be submitted in time to | ||
enable compliance with Section 85.007. The authority [ |
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is requested. | ||
(e) In a primary election or the general election for state | ||
and county officers in a county with a population of 100,000 or | ||
more, the early voting clerk shall order personal appearance voting | ||
at the main early voting polling place to be conducted for at least | ||
12 hours on [ |
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clerk shall order voting to be conducted at those times in those | ||
elections in a county with a population under 100,000 on receipt of | ||
a written request for those hours submitted by at least 15 | ||
registered voters of the county. The request must be submitted in | ||
time to enable compliance with Section 85.007. This subsection | ||
supersedes any provision of this subchapter to the extent of any | ||
conflict. | ||
SECTION 5. Section 85.010(b), Election Code, is amended to | ||
read as follows: | ||
(b) A political subdivision that holds an election | ||
described by Subsection (a) shall designate as an early voting | ||
polling place for the election any early voting polling place[ |
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established by the county and located in the political subdivision. | ||
SECTION 6. Sections 85.062(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (d) [ |
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more early voting polling places other than the main early voting | ||
polling place may be established by: | ||
(1) the commissioners court, for an election in which | ||
the county clerk is the early voting clerk; or | ||
(2) the governing body of the political subdivision | ||
served by the authority ordering the election, for an election in | ||
which a person other than the county clerk is the early voting | ||
clerk. | ||
(b) A polling place established under this section may be | ||
located, subject to Subsection (d), at any place in the territory | ||
served by the early voting clerk and may be located in any | ||
stationary structure as directed by the authority establishing the | ||
branch office. The polling place may be located in a movable | ||
structure, but the structure may not change locations during the | ||
early voting period [ |
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Ropes or other suitable objects may be used at the polling place to | ||
ensure compliance with Section 62.004. Persons who are not | ||
expressly permitted by law to be in a polling place shall be | ||
excluded from the polling place to the extent practicable. | ||
SECTION 7. Section 85.063, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR | ||
TEMPORARY BRANCH. Early voting by personal appearance at each | ||
permanent or temporary branch polling place shall be conducted on | ||
the same days and during the same hours as voting is conducted at | ||
the main early voting polling place. | ||
SECTION 8. Section 85.068(a), Election Code, is amended to | ||
read as follows: | ||
(a) The early voting clerk shall post notice for each | ||
election stating any dates and the hours that voting on Saturday or | ||
Sunday will be conducted at a temporary branch polling place [ |
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county clerk or city secretary under Section 83.002 or 83.005. | ||
SECTION 9. Section 122.001(a), Election Code, is amended 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; | ||
(10) is capable of permitting straight-party voting; | ||
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(11) is capable of providing records from which the | ||
operation of the voting system may be audited; and | ||
(12) uses a paper record or produces a paper receipt | ||
that can be used to verify the tabulation of electronic voting | ||
system results. | ||
SECTION 10. Subchapter A, Chapter 123, Election Code, is | ||
amended by adding Section 123.010 to read as follows: | ||
Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM | ||
PROHIBITED. Except as necessary to comply with Section 61.012, an | ||
authority may not adopt a voting system that uses direct recording | ||
electronic voting machines. | ||
SECTION 11. Section 128.001, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The secretary of state shall compile procedures adopted | ||
under this section for voting and for reconciliation of votes cast | ||
using computerized voting systems into a list. The list of | ||
procedures must apply uniformly across the state. | ||
SECTION 12. Section 216.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to: | ||
(1) an election that results in a tie vote as provided | ||
by Sections 2.002(i), 2.023(b) and (c), and 2.028; or | ||
(2) a precinct described by Section 216.006. | ||
SECTION 13. Chapter 216, Election Code, is amended by | ||
adding Section 216.006 to read as follows: | ||
Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This | ||
section applies to a precinct that has completed a vote count under | ||
Chapter 65 in which the total number of ballots counted differs by | ||
at least 0.5 percent from the number of people who signed the | ||
precinct's signature roster under Section 63.002. | ||
(b) The presiding judge of a precinct described by | ||
Subsection (a) shall conduct a recount under this chapter. | ||
(c) A person commits an offense if the person canvasses a | ||
precinct's returns prior to the completion of a recount required by | ||
this section. An offense under this subsection is a Class A | ||
misdemeanor. | ||
SECTION 14. (a) The following provisions of the Election | ||
Code are repealed: | ||
(1) Section 43.004(c); | ||
(2) Section 43.007; | ||
(3) Section 66.058(g); | ||
(4) Sections 85.001(b) and (e); | ||
(5) Section 85.062(e); | ||
(6) Section 85.064; | ||
(7) Section 85.065; | ||
(8) Section 127.201(g); | ||
(9) Chapter 129; and | ||
(10) Section 213.016. | ||
(b) Section 33.05, Penal Code, is repealed. | ||
SECTION 15. This Act takes effect September 1, 2017. |