SB1439 - Relating to automatic recounts of certain elections.

  89R7647 LRM-F     By: Bettencourt S.B. No. 1439       A BILL TO BE ENTITLED   AN ACT   relating to automatic recounts of certain elections.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 216.001, Election Code, is amended to   read as follows:          Sec. 216.001.  APPLICABILITY OF CHAPTER. This chapter   applies only to an election that results in :                 (1)   a tie vote as provided by Sections 2.002(i),   2.023(b) and (c), and 2.028 ;                 (2)     a candidate defeated or eliminated by one-half of   one percent or less of the votes cast for that office; or                 (3)     a measure submitted to voters that is approved or   defeated by one-half of one percent or less of the votes cast on   that measure .          SECTION 2.  Section 216.004, Election Code, is amended to   read as follows:          Sec. 216.004.  COUNTING PROCEDURES. (a) The method of   counting votes in an automatic recount consists of using a   generally accepted sampling technique to sample the following for   discrepancies:                 (1)  100 percent of electronic ballots;                 (2)     five percent of early voting ballots voted by   mail;                 (3)     five percent of the polling place locations   established for early voting; and                 (4)     five percent of the polling place locations   established for election day [ is the same method of counting used in   the election that resulted in the tie vote ].           (b)     If the authority designated under Section 212.026   determines there are discrepancies of 0.5 percent or greater for   any of the four categories based on the statistical sample under   Subsection (a), the authority shall order a recount under Section   216.003.           (c)     The secretary of state shall adopt rules and procedures   for the implementation of this section.          SECTION 3.  This Act takes effect September 1, 2025.