85R4826 ADM-D     By: Hall S.B. No. 405       A BILL TO BE ENTITLED   AN ACT   relating to voting and election procedures; creating an offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 52.075, Election Code, is amended to   read as follows:          Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING   SYSTEMS.  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], to conform to the formatting   requirements of the system.          SECTION 2.  Sections 85.001(a) and (c), Election Code, are   amended to read as follows:          (a)  The period for early voting by personal appearance   begins on the 10th [17th] day before election day and continues   through the fourth day before election day, except as otherwise   provided by this section.          (c)  If the date prescribed by Subsection (a) [or (b)] for   beginning the period is a Saturday, Sunday, or legal state holiday,   the early voting period begins on the next regular business day.          SECTION 3.  Section 85.005(d), Election Code, is amended to   read as follows:          (d)  In an election ordered by a city, early voting by   personal appearance at the main early voting polling place shall be   conducted for at least 12 hours[:                [(1)]  on one weekday[, if the early voting period   consists of less than six weekdays; or                [(2)     on two weekdays, if the early voting period   consists of six or more weekdays].          SECTION 4.  Sections 85.006(a), (d), and (e), Election Code,   are amended to read as follows:          (a)  Except as provided by Subsection (b), the authority   ordering an election may order early voting by personal appearance   at the main early voting polling place to be conducted on a Saturday   or Sunday [one or more Saturdays or Sundays] during the early voting   period.          (d)  The authority authorized to order early voting on a   Saturday or Sunday under Subsection (a) or (b) shall order the   voting under the applicable subsection on receipt of a written   request submitted by at least 15 registered voters of the territory   covered by the election. The request must be submitted in time to   enable compliance with Section 85.007. The authority [is not   required to order the voting on a particular date specified by the   request but] shall order the voting on [at least one] Saturday if   [a] Saturday is requested and on [at least one] Sunday if [a] Sunday   is requested.          (e)  In a primary election or the general election for state   and county officers in a county with a population of 100,000 or   more, the early voting clerk shall order personal appearance voting   at the main early voting polling place to be conducted for at least   12 hours on [the last] Saturday and for at least five hours on [the   last] Sunday during [of] the early voting period. The early voting   clerk shall order voting to be conducted at those times in those   elections in a county with a population under 100,000 on receipt of   a written request for those hours submitted by at least 15   registered voters of the county. The request must be submitted in   time to enable compliance with Section 85.007. This subsection   supersedes any provision of this subchapter to the extent of any   conflict.          SECTION 5.  Section 85.010(b), Election Code, is amended to   read as follows:          (b)  A political subdivision that holds an election   described by Subsection (a) shall designate as an early voting   polling place for the election any early voting polling place[,   other than a polling place established under Section 85.062(e),]   established by the county and located in the political subdivision.          SECTION 6.  Sections 85.062(a) and (b), Election Code, are   amended to read as follows:          (a)  Except as provided by Subsection (d) [or (e)], one or   more early voting polling places other than the main early voting   polling place may be established 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.          (b)  A polling place established under this section may be   located, subject to Subsection (d), at any place in the territory   served by the early voting clerk and may be located in any   stationary structure as directed by the authority establishing the   branch office. The polling place may be located in a movable   structure, but the structure may not change locations during the   early voting period [in the general election for state and county   officers, general primary election, or runoff primary election].   Ropes or other suitable objects may be used at the polling place to   ensure compliance with Section 62.004. Persons who are not   expressly permitted by law to be in a polling place shall be   excluded from the polling place to the extent practicable.          SECTION 7.  Section 85.063, Election Code, is amended to   read as follows:          Sec. 85.063.  DAYS AND HOURS FOR VOTING: PERMANENT OR   TEMPORARY BRANCH. Early voting by personal appearance at each   permanent or temporary branch polling place shall be conducted on   the same days and during the same hours as voting is conducted at   the main early voting polling place.          SECTION 8.  Section 85.068(a), Election Code, is amended to   read as follows:          (a)  The early voting clerk shall post notice for each   election stating any dates and the hours that voting on Saturday or   Sunday will be conducted at a temporary branch polling place [under   Section 85.064(d) or 85.065(b)], if the early voting clerk is a   county clerk or city secretary under Section 83.002 or 83.005.          SECTION 9.  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;                (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; and                (12)  uses a paper record or produces a paper receipt   that can be used to verify the tabulation of electronic voting   system results.          SECTION 10.  Subchapter A, Chapter 123, Election Code, is   amended by adding Section 123.010 to read as follows:          Sec. 123.010.  DIRECT RECORDING ELECTRONIC VOTING SYSTEM   PROHIBITED.  Except as necessary to comply with Section 61.012, an   authority may not adopt a voting system that uses direct recording   electronic voting machines.          SECTION 11.  Section 128.001, Election Code, is amended by   adding Subsection (d) to read as follows:          (d)  The secretary of state shall compile procedures adopted   under this section for voting and for reconciliation of votes cast   using computerized voting systems into a list. The list of   procedures must apply uniformly across the state.          SECTION 12.  Section 216.001, Election Code, is amended to   read as follows:          Sec. 216.001.  APPLICABILITY OF CHAPTER. This chapter   applies only to:                (1)  an election that results in a tie vote as provided   by Sections 2.002(i), 2.023(b) and (c), and 2.028; or                (2)  a precinct described by Section 216.006.          SECTION 13.  Chapter 216, Election Code, is amended by   adding Section 216.006 to read as follows:          Sec. 216.006.  AUTOMATIC RECOUNT: DISCREPANCY. (a)  This   section applies to a precinct that has completed a vote count under   Chapter 65 in which the total number of ballots counted differs by   at least 0.5 percent from the number of people who signed the   precinct's signature roster under Section 63.002.          (b)  The presiding judge of a precinct described by   Subsection (a) shall conduct a recount under this chapter.          (c)  A person commits an offense if the person canvasses a   precinct's returns prior to the completion of a recount required by   this section. An offense under this subsection is a Class A   misdemeanor.          SECTION 14.  (a)  The following provisions of the Election   Code are repealed:                (1)  Section 43.004(c);                (2)  Section 43.007;                (3)  Section 66.058(g);                (4)  Sections 85.001(b) and (e);                (5)  Section 85.062(e);                (6)  Section 85.064;                (7)  Section 85.065;                (8)  Section 127.201(g);                (9)  Chapter 129; and                (10)  Section 213.016.          (b)  Section 33.05, Penal Code, is repealed.          SECTION 15.  This Act takes effect September 1, 2017.