Bill Text: TX SB902 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to public availability of election records; authorizing a fee.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB902 Detail]
Download: Texas-2019-SB902-Enrolled.html
S.B. No. 902 |
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relating to public availability of election records; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.012, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) An election record shall be available not later than the | ||
15th day after election day in an electronic format for a fee of not | ||
more than $50. | ||
SECTION 2. Subchapter A, Chapter 66, Election Code, is | ||
amended by adding Section 66.0021 to read as follows: | ||
Sec. 66.0021. ELECTION DAY VOTE TOTAL FOR CERTAIN | ||
ELECTIONS. (a) This section applies only to a primary election or | ||
the general election for state and county officers. | ||
(b) The general custodian of election records for a primary | ||
election or the general election for state and county officers | ||
shall maintain a list that states the total number of votes cast in | ||
each precinct by personal appearance on election day that is | ||
available for public inspection not later than the day after | ||
election day. | ||
(c) Each vote total shall be maintained in a downloadable | ||
format approved by the secretary of state and posted on the Internet | ||
website of the secretary of state. | ||
(d) The secretary of state shall create a system for an | ||
early voting clerk for a primary election or the general election | ||
for state and county officers to provide the information to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website under Subsection (c). | ||
SECTION 3. Section 87.121, Election Code, is amended by | ||
amending Subsections (g) and (h) and adding Subsections (i), (j), | ||
and (k) to read as follows: | ||
(g) Information on the roster for a person who votes an | ||
early voting ballot by personal appearance shall be made available | ||
for public inspection not later than 11 a.m. [ |
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entered on the roster under Subsection (c). | ||
(h) Information on the roster for a person who votes an | ||
early voting ballot by mail shall be made available for public | ||
inspection not later than 11 a.m. on the day following the day the | ||
early voting clerk receives a ballot voted by mail. | ||
(i) The early voting clerk for a primary election or the | ||
general election for state and county officers shall submit to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website the information described by: | ||
(1) Subsection (g) not later than 11 a.m. on the day | ||
after the date the information is entered on the roster under | ||
Subsection (c); and | ||
(2) Subsection (h) not later than 11 a.m. on the day | ||
following the day the early voting clerk receives a ballot voted by | ||
mail. | ||
(j) The secretary of state shall post the information | ||
described by Subsection (i) on the secretary of state's Internet | ||
website in a downloadable format. | ||
(k) The secretary of state shall create a system for an | ||
early voting clerk for a primary election or the general election | ||
for state and county officers to provide the information to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website under Subsection (i). | ||
SECTION 4. Sections 232.008(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(b) Except as provided by Subsection (c), a contestant must | ||
file the petition not later than the later of the 30th day after the | ||
date the election records are publicly available under Section | ||
1.012 or the official result of the contested election is | ||
determined. | ||
(c) A contestant must file the petition not later than the | ||
later of the 10th day after the date the election records are | ||
publicly available under Section 1.012 or the official result is | ||
determined in a contest of: | ||
(1) a primary or runoff primary election; or | ||
(2) a general or special election for which a runoff is | ||
necessary according to the official result or will be necessary if | ||
the contestant prevails. | ||
SECTION 5. Section 233.006(b), Election Code, is amended to | ||
read as follows: | ||
(b) Except as provided by Section 233.014, the contestant | ||
must file the petition not later than the later of the 30th day | ||
after the date the election records are publicly available under | ||
Section 1.012 or the official result of the contested election is | ||
determined. | ||
SECTION 6. Section 241.003(b), Election Code, is amended to | ||
read as follows: | ||
(b) The contestant must file the petition with the secretary | ||
of state not later than the later of the seventh day after the date | ||
the election records are publicly available under Section 1.012 or | ||
the official result of the contested election is determined. The | ||
contestant must deliver a copy of the petition to the contestee by | ||
the same deadline. | ||
SECTION 7. Section 243.003(b), Election Code, is amended to | ||
read as follows: | ||
(b) The contestant must file the petition with the secretary | ||
of state not later than the later of the 10th day after the date the | ||
election records are publicly available under Section 1.012 or the | ||
official result of the contested election is determined. | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the secretary of state shall create the systems | ||
required by Sections 66.0021(d) and 87.121(k), Election Code, as | ||
added by this Act. | ||
SECTION 9. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 902 passed the Senate on | ||
April 17, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 902 passed the House on | ||
May 22, 2019, by the following vote: Yeas 144, Nays 0, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |