any county can go countywide polling

The text as introduced · 855 words

89R13378 JDK-D

By: Reynolds
H.B. No. 4246

A BILL TO BE ENTITLED

AN ACT

relating to authorizing counties to conduct elections using

countywide polling.

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

SECTION 1. Sections 31.014(a) and (c), Election Code, are

amended to read as follows:

(a) The secretary of state shall prescribe specific

requirements and standards, consistent with this code, for the

certification of an electronic device used to accept voters under

Chapter 63 that require the device to:

(1) produce an electronic copy of the list of voters

who were accepted to vote for delivery to the election judge after

the polls close;

(2) display the voter's original signature in

accordance with Section 63.002;

(3) accept a voter for voting even when the device is

off-line;

(4) provide the full list of voters registered in the

county with an indication of the jurisdictional or distinguishing

number for each territorial unit in which each voter resides;

(5) time-stamp when each voter is accepted at a

polling place, including the voter's unique identifier;

(6) if the county establishes [ participates in the ]

countywide polling places [ place program ] under Section 43.007 or

has more than one early voting polling place, transmit a time stamp

when each voter is accepted, including the voter's unique

identifier, to all polling place locations;

(7) time-stamp the receipt of a transmission under

Subdivision (6); and

(8) produce in an electronic format compatible with

the statewide voter registration list under Section 18.061 data for

retention and transfer that includes:

(A) the polling location in which the device was

used;

(B) the dated time stamp under Subdivision (5);

and

(C) the dated time stamp under Subdivision (7).

(c) The secretary of state shall adopt rules that require a

device described by this section used during the early voting

period or in a county that establishes [ under the ] countywide

polling places [ place program ] under Section 43.007 to update data

in real time. If a county uses a device that does not comply with

the rule in two consecutive general elections for state and county

officers, the secretary of state shall assess a noncompliance fee.

The noncompliance fee shall be set at an amount determined by

secretary of state rule.

SECTION 2. 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 establish [ participate in

the ] countywide polling places [ place program ] described by Section

43.007.

SECTION 3. The heading to Section 43.007, Election Code, is

amended to read as follows:

Sec. 43.007. COUNTYWIDE POLLING PLACES [ PLACE PROGRAM ].

SECTION 4. Sections 43.007(a), (f), and (g), Election Code,

are amended to read as follows:

(a) Each [ The secretary of state shall implement a program

to allow each ] commissioners court may [ participating in the

program to ] eliminate county election precinct polling places and

establish countywide polling places for:

(1) any election required to be conducted by the

county;

(2) any election held as part of a joint election

agreement with a county under Chapter 271;

(3) any election held under contract for election

services with a county under Subchapter D, Chapter 31;

(4) each primary election and runoff primary election

if:

(A) the county chair or county executive

committee of each political party participating in a joint primary

election under Section 172.126 agrees to the use of countywide

polling places; or

(B) the county chair or county executive

committee of each political party required to nominate candidates

by primary election agrees to use the same countywide polling

places; and

(5) each election of a political subdivision located

in the county that is held jointly with an election described by

Subdivision (3) or (4).

(f) In selecting countywide polling places, a county must

adopt a methodology for determining where each polling place will

be located. The total number of countywide polling places may not

be less than:

(1) except as provided by Subdivision (2), 50 percent

of the number of precinct polling places that would otherwise be

located in the county for that election; or

(2) for an election held in the first year in which the

county establishes countywide polling places under this section

[ participates in the program ], 65 percent of the number of precinct

polling places that would otherwise be located in the county for

that election.

(g) A county that uses countywide polling places under this

section [ participating in the program ] must establish a plan to

provide notice informing voters of the changes made to the

locations of polling places [ under the program ]. The plan must

require that notice of the location of the nearest countywide

polling place be posted on election day at each polling place used

in the previous general election for state and county officers that

is not used as a countywide polling place.

SECTION 5. Sections 43.007(b), (c), (d), (i), (j), (k), and

(l), Election Code, are repealed.

SECTION 6. This Act takes effect September 1, 2025.