bill repealing countywide polling places

The text as introduced · 2,115 words

89R13576 MLH-D

By: Hall
S.B. No. 1982

A BILL TO BE ENTITLED

AN ACT

relating to the location of polling places during early voting and

on election day.

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

SECTION 1. Section 1.005, Election Code, is amended by

adding Subdivision (21-a) to read as follows:

(21-a) "Voting center" means a polling place created

under Section 42.0052.

SECTION 2. Section 4.003(b), Election Code, is amended to

read as follows:

(b) In addition to any other notice given for an election

under Subsection (a), not later than the 21st day before election

day, a county shall post a copy of a notice of the election given by

the county or provided to the county under Section 4.008(a), which

must include the location of each polling place, on the county's

Internet website, if the county maintains a website. For each

voting center created under Section 42.0052, the notice must

include the location of the voting center and the precincts

assigned to that voting center. An authority responsible for

giving notice of an election may post a copy of the notice on the

bulletin board used for posting notices of the meetings of the

governing body of the political subdivision that the authority

serves. If a county does not maintain a website, the authority

responsible for giving notice of the election shall post a copy of a

notice of the election on the bulletin board used for posting

notices of the meetings of the governing body of the political

subdivision that the authority serves. [ For each precinct that is

combined to form a consolidated precinct under Section 42.008, not

later than the 10th day before election day, the authority shall

also post, at the polling place used in the preceding general

election, notice of the precinct's consolidation and the location

of the polling place in the consolidated precinct. ] A notice

posted under this subsection must remain posted continuously

through election day.

SECTION 3. Section 4.004(d), Election Code, is amended to

read as follows:

(d) If precincts are assigned to a voting center

[ consolidated ] under Section 42.0052 [ 42.008 ], the notice must

state which precincts have been assigned [ combined ] to [ form ] each

voting center [ consolidated precinct ] in addition to the locations

of the voting centers [ polling places in the consolidated

precincts ].

SECTION 4. 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 [ participates in the countywide

polling 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 under the countywide polling 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 5. Section 32.003, Election Code, is amended to

read as follows:

Sec. 32.003. JUDGES FOR VOTING CENTER [ CONSOLIDATED COUNTY

ELECTION PRECINCTS ]. If election precincts are assigned to a

voting center [ consolidated in a special election in which the

regular county election precincts are required to be used ], the

commissioners court shall appoint the election judges to serve in

each voting center [ consolidated precinct ] from among the judges

appointed for the precincts assigned to the voting center

[ comprising the consolidated precinct ].

SECTION 6. 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 7. Section 42.002(b), Election Code, is amended to

read as follows:

(b) Except as provided by Section 42.0052 [ Sections 42.008

and 42.009 ], county election precincts may not be combined or

consolidated for an election.

SECTION 8. Section 42.005(a), Election Code, is amended to

read as follows:

(a) A county election precinct[ , including a consolidated

precinct, ] may not contain territory from more than one of each of

the following types of territorial units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district; or

(6) a State Board of Education district.

SECTION 9. Subchapter A, Chapter 42, Election Code, is

amended by adding Section 42.0052 to read as follows:

Sec. 42.0052. VOTING CENTERS. (a) The commissioners court

may create one or more voting centers in the county. Except as

provided by this section, a voting center is a polling place and is

subject to all laws applicable to a polling place.

(b) The commissioners court may assign one or more election

precincts to a voting center. A precinct that is assigned to a

voting center may not operate a separate polling place for the

precinct.

(c) Election precincts assigned to a voting center may not

serve a total of more than 5,000 registered voters.

(d) If the commissioners court creates more than one voting

center, the number of voters served by the smallest voting center in

the county may not be less than 95 percent of the number of voters

served by the largest voting center in the county.

SECTION 10. Section 42.006(a), Election Code, is amended to

read as follows:

(a) A [ Except as provided by this section and Section

42.0051, a ] county election precinct must contain at least 100 but

not more than 5,000 registered voters.

SECTION 11. Section 43.002(b), Election Code, is amended to

read as follows:

(b) If county election precincts are assigned to a voting

center under Section 42.0052 [ consolidated ], the commissioners

court shall designate the location of the voting center [ polling

place for the consolidated precinct ].

SECTION 12. Section 43.003, Election Code, is amended to

read as follows:

Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.

The county chair of a political party holding a primary election

shall designate the location of the polling place for each election

precinct in the primary unless the precinct is one that is assigned

to a voting center under Section 42.0052 [ consolidated ]. In that

case, the county executive committee shall designate the location

of the voting center .

SECTION 13. Section 85.061(b), Election Code, is amended to

read as follows:

(b) The [ In an election in which a temporary branch polling

place is established under Section 85.062(a)(1) or (d), the ]

commissioners court may provide by resolution, order, or other

official action that any one or more of the county clerk's regularly

maintained branch clerical offices are not to be branch early

voting polling places in the election.

SECTION 14. 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 by:

(1) the 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 15. Section 172.1112(a), Election Code, is amended

to read as follows:

(a) The county clerk shall post a notice of the election and

a notice of voting center locations [ consolidated precincts ], if

applicable, in the manner prescribed by Section 4.003(b) for

general and special elections. The notice of the election shall be

posted on the county's Internet website, if the county maintains a

website. If the county does not maintain a website, the notice

shall be posted on the bulletin board used for posting notice of

meetings of the commissioners court.

SECTION 16. Sections 172.126(b) and (c), Election Code, are

amended to read as follows:

(b) The county clerk shall determine whether to assign

[ consolidate ] election precincts to a voting center under Section

42.0052 [ 42.009 ] and shall designate the location of the voting

center [ polling place in a consolidated precinct ]. To the extent

possible, a polling place shall be designated that will accommodate

the precinct conventions of each political party. If a polling

place or voting center [ , whether for a regular or consolidated

precinct, ] is not suitable for more than one precinct convention,

the polling place may be used by the party whose candidate for

governor received the most votes in the county in the most recent

gubernatorial general election.

(c) One set of election officers shall conduct the primary

elections at each polling place. Not later than the second Monday

in December preceding the primary elections, each county chair

shall deliver to the county clerk a list of the names of the

election judges and clerks for that party. The presiding judge of

each party, or alternate judge if applicable, serves as a co-judge

for the precinct. If an eligible presiding co-judge and alternate

co-judge cannot be found to serve for a particular party in a

precinct, a joint primary may not be conducted in that precinct, and

that precinct must be assigned to a voting center [ consolidated

with another precinct ] that has an eligible presiding co-judge and

alternate co-judge to serve for each party. The county clerk shall

appoint the election clerks in accordance with rules prescribed by

the secretary of state. The secretary of state shall prescribe the

maximum number of clerks that may be appointed for each precinct.

The early voting ballot board and any central counting station

shall also be composed of and administered by one set of election

officers that provides representation for each party, and the

secretary of state by rule shall prescribe procedures consistent

with this subsection for the appointment of those officers.

SECTION 17. Section 172.128(c), Election Code, is amended

to read as follows:

(c) The county clerk may assign [ combine ] voting precincts

for an election held under this section to voting centers to the

extent necessary to adequately serve the voters.

SECTION 18. Section 173.007(c), Election Code, is amended

to read as follows:

(c) Rules adopted under this section do not limit a

political party's authority under this code to assign [ consolidate ]

election precincts to a voting center for a primary election.

SECTION 19. Section 173.081(f), Election Code, is amended

to read as follows:

(f) A statement submitted by a county chair must also

include a notice of the county election precincts to be assigned to

a voting center [ consolidated ] for the election, if any.

SECTION 20. The following provisions of the Election Code

are repealed:

(1) Section 4.003(e);

(2) Section 32.002(c-1);

(3) Section 42.0051;

(4) Section 42.008;

(5) Section 42.009;

(6) Section 43.004(c);

(7) Section 43.007;

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

(9) Section 85.064(d); and

(10) Section 85.066.

SECTION 21. This Act applies only to an election ordered on

or after the effective date of this Act.

SECTION 22. This Act takes effect September 1, 2025.