Hopper Bill Also Limits Early Voters To Their Own Precinct

The text as introduced · 2,198 words

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 of the test of logic and accuracy has not

been published ].

SECTION 18. 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 19. 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 20. 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 21. (a) The following provisions of the Election

Code are repealed:

(1) Section 31.014;

(2) Section 32.002(c-1);

(3) Section 43.004(c);

(4) Section 43.007;

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

(6) Section 63.002(d);

(7) Section 63.003(d);

(8) Section 63.004(e);

(9) Section 66.058(g);

(10) Sections 85.002(c) and (d);

(11) Section 85.033;

(12) Section 85.061;

(13) Sections 85.062(b), (d), (f), and (f-1);

(14) Section 85.066;

(15) Section 87.024;

(16) Chapter 104;

(17) Section 112.009;

(18) Section 112.010;

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

(13);

(20) Section 122.033;

(21) Section 125.007;

(22) Section 127.201(g);

(23) Chapter 129;

(24) Section 212.134(b); and

(25) Section 213.016.

(b) Section 33.05, Penal Code, is repealed.

SECTION 22. (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 subsection, an offense was

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

the offense occurred before that date.

SECTION 23. The changes in law made by this Act apply to an

election ordered on or after the effective date of this Act.

SECTION 24. This Act takes effect September 1, 2025.