Lowe Paper Ballot Bill Also Repeals Penal Code Section 33.05

The text as introduced · 1,497 words

89R10898 JDK-D

By: Lowe
H.B. No. 4152

A BILL TO BE ENTITLED

AN ACT

relating 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 32.091(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 2. 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 3. Section 43.007(d), Election Code, is amended to

read as follows:

(d) The secretary of state shall select to participate in

the program each county that:

(1) has held a public hearing under Subsection (b);

(2) has submitted documentation listing the steps

taken to solicit input on participating in the program by

organizations or persons who represent the interests of voters;

(3) has implemented a computerized voter registration

list that allows an election officer at the polling place to verify

that a voter has not previously voted in the election;

(4) uses [ direct recording electronic voting

machines, ballot marking devices, or ] hand-marked scannable paper

ballots that are printed and scanned at the polling place or any

other type of voting system equipment that the secretary of state

determines is capable of processing votes for each type of ballot to

be voted in the county; and

(5) is determined by the secretary of state to have the

appropriate technological capabilities.

SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 of the test of logic and accuracy has not

been published ].

SECTION 11. Section 213.007(a), Election Code, is amended

to read as follows:

(a) On presentation by a recount committee chair of a

written order signed by the recount supervisor, the custodian of

voted ballots [ , voting machines ] or test materials or programs

used in counting electronic voting system ballots shall make the

ballots [ , machines, ] or materials or programs, including the

records from which the operation of the voting system may be

audited, available to the committee.

SECTION 12. Section 221.008, Election Code, is amended to

read as follows:

Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND

EQUIPMENT. A tribunal hearing an election contest may cause

secured ballot boxes [ , voting machines, ] or other equipment used

in the election to be unsecured to determine the correct vote count

or any other fact that the tribunal considers pertinent to a fair

and just disposition of the contest.

SECTION 13. Section 292.001(a), Local Government Code, is

amended to read as follows:

(a) The commissioners court of a county may purchase,

construct, or provide by other means, including a lease or a lease

with an option to purchase, or may reconstruct, improve, or equip a

building or rooms, other than the courthouse, for the housing of

county or district offices, county or district courts, justice of

the peace courts, county records or equipment [ (including voting

machines) ], or county jail facilities, or for the conducting of

other public business, if the commissioners court determines that

the additional building or rooms are necessary. The commissioners

court may purchase and improve the necessary site for the building

or rooms.

SECTION 14. (a) The following provisions of the Election

Code are repealed:

(1) Sections 61.002(a), (c), and (d);

(2) Section 66.058(g);

(3) Section 85.033;

(4) Section 87.024;

(5) Chapter 104;

(6) Section 112.009;

(7) Section 112.010;

(8) Sections 121.003(3), (6), (7), (8), (12), and

(13);

(9) Section 122.033;

(10) Section 125.007;

(11) Section 127.201(g);

(12) Chapter 129;

(13) Section 212.134(b); and

(14) Section 213.016.

(b) Section 33.05, Penal Code, is repealed.

SECTION 15. (a) The change in law made by this Act to

Section 221.008, Election Code, applies only to an election contest

filed on or after the effective date of this Act. An election

contest filed before the effective date of this Act is governed by

the law as it existed immediately before the effective date of this

Act, and that law is continued in effect for that purpose.

(b) The change in law made by this Act in repealing Section

33.05, Penal Code, applies only to an offense committed on or after

the effective date of this Act. An offense committed before the

effective date of this Act is governed by the law in effect when the

offense was committed, and the former law is continued in effect for

that purpose. For purposes of this section, an offense was

committed before the effective date of this Act if any element of

the offense occurred before that date.

SECTION 16. This Act takes effect September 1, 2025.