HB4728 - Relating to the elimination of electronic poll lists and the countywide polling place program and to the required use of hand-marked paper ballots for all elections.

  89R12805 MPF-D     By: Hopper H.B. No. 4728       A BILL TO BE ENTITLED   AN ACT   relating to the elimination of electronic poll lists and the   countywide polling place program and to the required use of   hand-marked paper ballots for all elections.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 32.0511(d), Election Code, is amended to   read as follows:          (d)  Not more than two student election clerks may serve at a   polling place[ , except that not more than four student election   clerks may serve at any countywide polling place ].          SECTION 2.  Section 32.091(b), Election Code, is amended to   read as follows:          (b)  A judge or clerk may not be paid for more than two hours   of work before the polls open, except for payment made for work   under Section 62.014(c).  [ In a precinct in which voting machines   are used, a judge or clerk may not be paid for more than two hours of   work after the time for closing the polls or after the last voter   has voted, whichever is later. ]          SECTION 3.  Section 33.054(b), Election Code, is amended to   read as follows:          (b)  A watcher serving at the meeting place of an early   voting ballot board may not leave during voting hours on election   day without the presiding judge's permission if the board has   [ recorded any votes cast on voting machines or ] counted any   ballots, unless the board has completed its duties and has been   dismissed by the presiding judge.          SECTION 4.  Section 42.0051(a), Election Code, is amended to   read as follows:          (a)  This section applies only to a county with a population   of less than 1.2 million [ that does not participate in the   countywide polling place program described by Section 43.007 ].          SECTION 5.  Section 52.075, Election Code, is amended to   read as follows:          Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING   SYSTEMS.  (a)  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 [ or a voting system that uses direct   recording electronic voting machines or ballot marking devices ], to   conform to the formatting requirements of the system.          (b)  In this section, [ "ballot marking device," "direct   recording electronic voting machine," ] "electronic voting   system[ , ]" and "voting system" have the meanings assigned by   Section 121.003.          SECTION 6.  Section 62.0115(b), Election Code, is amended to   read as follows:          (b)  Except as revised by the secretary of state under   Subsection (d), the notice must state that a voter has the right to:                (1)  vote a ballot and view written instructions on how   to cast a ballot;                (2)  vote in secret and free from intimidation;                (3)  receive up to two additional ballots if the voter   mismarks, damages, or otherwise spoils a ballot;                (4)  request instructions on how to cast a ballot, but   not to receive suggestions on how to vote;                (5)  bring an interpreter to translate the ballot and   any instructions from election officials;                (6)  receive assistance in casting the ballot if the   voter:                      (A)  has a physical disability that renders the   voter unable to write or see; or                      (B)  cannot read the language in which the ballot   is written;                (7)  cast a ballot on executing an affidavit as   provided by law, if the voter's eligibility to vote is questioned;                (8)  report an existing or potential abuse of voting   rights to the secretary of state or the local election official; and                (9)  [ except as provided by Section 85.066(b), Election   Code, vote at any early voting location in the county in which the   voter resides in an election held at county expense, a primary   election, or a special election ordered by the governor; and                [ (10) ]  file an administrative complaint with the   secretary of state concerning a violation of federal or state   voting procedures.          SECTION 7.  Chapter 63, Election Code, is amended by adding   Section 63.0016 to read as follows:           Sec.   63.0016.     USE OF ELECTRONIC DEVICES TO ACCEPT VOTERS   PROHIBITED. The use of an electronic device to accept voters under   this chapter is prohibited.          SECTION 8.  Section 68.032(a), Election Code, is amended to   read as follows:          (a)  In precincts using paper ballots [ , voting machines, ] or   electronic voting system ballot counters, the copy of the returns   required to be delivered to the county clerk shall be delivered not   later than two hours, or as soon thereafter as practicable, after   the closing of the polls or after the last person voted, whichever   is later.          SECTION 9.  Section 85.002(b), Election Code, is amended to   read as follows:          (b)   The [ In an election in which a county clerk or city   secretary is the early voting clerk under Section 83.002 or 83.005,   the ] main early voting polling place shall be located in a location   where voting will take place on election day [ any room ] selected by   the early voting clerk [ in the building that houses the main   business office of the county clerk or city secretary, as   applicable.     However, if the commissioners court or city governing   body determines that locating the polling place in that building is   impracticable, the commissioners court or city governing body may   designate a different location in the city in which the business   office is located that is as near as practicable to the business   office ].          SECTION 10.  Section 85.003, Election Code, is amended to   read as follows:          Sec. 85.003.  VOTERS SERVED BY EARLY VOTING [ MAIN ] POLLING   PLACE.  Any person entitled to vote an early voting ballot by   personal appearance may do so at the main or branch early voting   polling place located in the county election precinct in which the   person resides .          SECTION 11.  Section 85.062(a), Election Code, is amended to   read as follows:          (a)   Early  [ Except as provided by Subsection (d) or (e), one   or more early ] voting polling places other than the main early   voting polling place shall [ may ] be established at each location   where voting will take place on election day, except for the   location selected as the main early voting polling place under   Section 85.002(b), by:                (1)  the county clerk [ 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.          SECTION 12.  Section 85.064(d), Election Code, is amended to   read as follows:          (d)  The authority authorized under Section 85.006 to order   early voting on a Saturday or Sunday may also order, in the manner   prescribed by that section, early voting to be conducted on a   Saturday or Sunday at any one or more of the temporary branch   polling places.  [ In addition, the early voting clerk shall order   such voting in accordance with Section 85.006(e) at each temporary   branch polling place established under Section 85.062(d). ]          SECTION 13.  Sections 85.071(a) and (b), Election Code, are   amended to read as follows:          (a)  During the period for early voting by personal   appearance, the ballots voted at a branch polling place [ , other   than those cast on a voting machine, ] shall be:                (1)  retained securely at the branch polling place in a   locked room accessible only to election officers; or                (2)  delivered by an election officer or designated law   enforcement officer to the main early voting polling place at the   close of voting each day.          (b)  The unvoted ballots at the branch polling place [ , other   than voting machine ballots, ] shall be retained or delivered with   the voted ballots but in a separate locked container.          SECTION 14.  Section 87.022, Election Code, is amended to   read as follows:          Sec. 87.022.  TIME OF DELIVERY: GENERAL RULE. Except as   provided by Section 87.0221, 87.0222, or 87.023, [ or 87.024, ] the   materials shall be delivered to the early voting ballot board under   this subchapter during the time the polls are open on election day,   or as soon after the polls close as practicable, at the time or   times specified by the presiding judge of the board.          SECTION 15.  Subchapter A, Chapter 123, Election Code, is   amended by adding Section 123.010 to read as follows:           Sec.   123.010.     CERTAIN ELECTRONIC VOTING SYSTEMS   PROHIBITED. An authority holding elections in this state may only   adopt a voting system that requires hand-marked paper ballots for   all elections.          SECTION 16.  Section 125.001, Election Code, is amended to   read as follows:          Sec. 125.001.  ALLOCATION OF EQUIPMENT AMONG POLLING   PLACES.  The authority responsible for allocating election   supplies among the polling places for an election shall determine   the number of [ voting machines or ] units of [ other ] voting system   equipment to be installed at each polling place based on:                (1)  the number of votes cast at the polling place in   previous, similar elections;                (2)  the number of registered voters eligible to vote   at a polling place;                (3)  the number of units of equipment available; and                (4)  any other factors the authority determines are   relevant.          SECTION 17.  Section 145.098(a), Election Code, is amended   to read as follows:          (a)  If a candidate files a withdrawal request after the   deadline prescribed by Section 145.092, and the candidate complies   with each requirement under Section 145.001 except that the   candidate's filing to withdraw is untimely, the authority   responsible for preparing the ballots may choose to omit the   candidate from the ballot if at the time the candidate files the   withdrawal request[ :                [ (1) ]  the ballots have not been prepared[ ; and                [ (2)     if using a voting system to which Chapter 129   applies, public notice [Text truncated for display. Full text available on Congress.gov.]