bill letting counties extend early voting

The text as introduced · 1,055 words

89R1949 MLH-D

By: Cole
H.B. No. 1858

A BILL TO BE ENTITLED

AN ACT

relating to the days and hours during which the polls are open for

early voting by personal appearance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.004(d), Election Code, is amended to

read as follows:

(d) The [ If early voting by personal appearance is required

to be conducted for extended hours under Section 85.005(c) or for

weekend hours under Section 85.006(e), the ] registrar's office

shall remain open for providing voter registration information

during the [ extended hours or weekend ] hours that the main early

voting polling place is open for voting.

SECTION 2. Sections 85.001(a) and (e), Election Code, are

amended to read as follows:

(a) The period for early voting by personal appearance

begins on the 17th day before election day and continues through the

fourth day before election day, except as otherwise provided by

this subchapter [ section ].

(e) For an election held on the uniform election date in May

and any resulting runoff election, the period for early voting by

personal appearance begins on the 12th day before election day and

continues through the fourth day before election day , except as

otherwise provided by this subchapter .

SECTION 3. Section 85.006, Election Code, is amended to

read as follows:

Sec. 85.006. EXTENDED VOTING [ ON SATURDAY OR SUNDAY ]. (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 :

(1) on one or more Saturdays or Sundays during the

early voting period ; or

(2) during an extended early voting period continuing

for any number of consecutive days up to and including the day

before election day .

(b) In an election in which a county clerk is the early

voting clerk under Section 83.002, only the early voting clerk may

order extended voting [ on a Saturday or Sunday ]. The clerk must do

so by written order.

(c) Except as otherwise provided by this section, the [ The ]

authority ordering extended voting [ on a Saturday or Sunday ] shall

determine the hours during which voting is to be conducted.

(d) The authority authorized to order extended early voting

[ on a Saturday or Sunday ] under Subsection (a) or (b) shall order

[ the ] voting on a Saturday or Sunday 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 is not required to order the voting on a

particular date specified by the request but shall order the voting

on at least one Saturday if a Saturday is requested and on at least

one Sunday if a Sunday is requested.

(e) In a primary election or the general election for state

and county officers, the early voting clerk shall order voting by

personal appearance at the main early voting polling place to be

conducted on the last Saturday of the early voting period for at

least 12 consecutive hours, except that voting may not be conducted

earlier than 6 a.m. or later than 10 p.m., and on the last Sunday of

the early voting period for at least six consecutive hours, except

that voting may not be conducted earlier than 9 a.m. or later than

10 p.m. This subsection supersedes any provision of this

subchapter to the extent of any conflict.

(f) An authority authorized to order extended early voting

under Subsection (a) or (b) that orders the voting during an

extended early voting period shall order personal appearance voting

at the main early voting polling place to be conducted for at least

12 hours on any weekday or Saturday and for at least five hours on

any Sunday of the extended early voting period.

SECTION 4. Sections 85.007(a) and (b), Election Code, are

amended to read as follows:

(a) The election order and the election notice must state:

(1) the date that early voting will begin if under

Section 85.001(d) the early voting period is to begin later than the

prescribed date;

(2) the regular dates and hours that voting will be

conducted under Section 85.005(b); and

(3) the dates and hours that extended voting [ on

Saturday or Sunday ] is ordered to be conducted under Section

85.006(a).

(b) The early voting clerk shall post notice for each

election stating the dates and hours that extended voting [ on a

Saturday or Sunday ] is ordered to be conducted under Section

85.006(b).

SECTION 5. Section 85.064(d), Election Code, is amended to

read as follows:

(d) The authority authorized under Section 85.006 to order

extended early voting [ on a Saturday or Sunday ] may also order, in

the manner prescribed by that section, extended 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 6. 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 extended voting [ on

Saturday or Sunday ] will be conducted under Section 85.064(d), if

the early voting clerk is a county clerk or city secretary under

Section 83.002 or 83.005.

SECTION 7. Section 87.1231, Election Code, is amended to

read as follows:

Sec. 87.1231. EARLY VOTING VOTES REPORTED BY PRECINCT. (a)

Not later than the time of the local canvass, the early voting clerk

shall deliver to the local canvassing authority a report of the

total number of early voting votes cast during the period specified

under Section 85.001(a) for each candidate or measure by election

precinct. The report may reflect the total for votes by mail and

the total for votes by personal appearance.

(b) A county may include votes cast during an extended early

voting period established under Section 85.006 in the report under

Subsection (a).

SECTION 8. This Act takes effect September 1, 2025.