85R4573 GRM-D     By: Simmons H.B. No. 433       A BILL TO BE ENTITLED   AN ACT   relating to the elimination of straight-party voting.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 62.011(c), Election Code, is amended to   read as follows:          (c)  The poster must include instructions applicable to the   election on:                (1)  marking and depositing the ballot;                (2)  voting for a write-in candidate;                (3)  [casting a straight-party vote;                [(4)]  casting a provisional ballot;                [(5)     until the expiration of Section 13.122(d), voting   for the first time by a person who registered by mail;] and                (4) [(6)]  securing an additional ballot if the voter's   original ballot is spoiled.          SECTION 2.  Section 65.011, Election Code, is amended to   read as follows:          Sec. 65.011.  OVERVOTING.  If [Except as provided by Section   65.007(c) or (d), if] a voter marks the ballot for more candidates   for an office than the number of persons to be elected for that   office, none of the votes may be counted for that office.          SECTION 3.  Section 105.002(c), Election Code, is amended to   read as follows:          (c)  The secretary of state shall prescribe the form of the   ballot to allow a voter to cast a vote in each federal, state, or   local race in the election. The ballot must allow a voter to write   in the name of a candidate [or, if applicable, cast a straight-party   vote].          SECTION 4.  Section 122.001(a), Election Code, is amended to   read as follows:          (a)  A voting system may not be used in an election unless the   system:                (1)  preserves the secrecy of the ballot;                (2)  is suitable for the purpose for which it is   intended;                (3)  operates safely, efficiently, and accurately and   complies with the voting system standards adopted by the Election   Assistance Commission;                (4)  is safe from fraudulent or unauthorized   manipulation;                (5)  permits voting on all offices and measures to be   voted on at the election;                (6)  prevents counting votes on offices and measures on   which the voter is not entitled to vote;                (7)  prevents counting votes by the same voter for more   than one candidate for the same office or, in elections in which a   voter is entitled to vote for more than one candidate for the same   office, prevents counting votes for more than the number of   candidates for which the voter is entitled to vote;                (8)  prevents counting a vote on the same office or   measure more than once;                (9)  permits write-in voting; and                (10)  [is capable of permitting straight-party voting;   and                [(11)]  is capable of providing records from which the   operation of the voting system may be audited.          SECTION 5.  Section 129.023(c), Election Code, is amended to   read as follows:          (c)  The general custodian of election records shall adopt   procedures for testing that:                (1)  direct the testing board to cast votes;                (2)  verify that each contest position, as well as each   precinct and ballot style, on the ballot can be voted and is   accurately counted;                (3)  include overvotes and undervotes for each race, if   applicable to the system being tested;                (4)  [include straight-party votes and crossover   votes;                [(5)]  include write-in votes, when applicable to the   election;                (5) [(6)]  include provisional votes, if applicable to   the system being tested;                (6) [(7)]  calculate the expected results from the test   ballots;                (7) [(8)]  ensure that each voting machine has any   public counter reset to zero and presented to the testing board for   verification before testing;                (8) [(9)]  require that, for each feature of the system   that allows disabled voters to cast a ballot, at least one vote be   cast and verified by a two-person testing board team using that   feature; and                (9) [(10)]  require that, when all votes are cast, the   general custodian of election records and the testing board observe   the tabulation of all ballots and compare the actual results to the   expected results.          SECTION 6.  Sections 1.005(20), 52.071, 64.004, 65.007,   122.001(b), 124.001, 124.003(d), 124.063(d), and 232.050(d),   Election Code, are repealed.          SECTION 7.  This Act takes effect September 1, 2017.