S.B. No. 2753         AN ACT   relating to the integration of early voting by personal appearance   and election day voting, including the manner in which election   returns are processed and other related changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.004(d), Election Code, is amended to   read as follows:          (d)  If early voting by personal appearance is required to be   conducted for extended hours under Section 85.005(c) [or for   weekend hours under Section 85.006(e)], the registrar's office   shall remain open for providing voter registration information   during the extended hours [or weekend hours] that the main early   voting polling place is open for voting.          SECTION 2.  Section 19.004(a), Election Code, is amended to   read as follows:          (a)  Except as provided by Subsection (d), state funds   disbursed under this chapter may be used only to:                (1)  defray expenses of the registrar's office in   connection with voter registration, including additional expenses   related to:                      (A)  implementation of the National Voter   Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);                      (B)  complying with weekly updating requirements;   and                      (C)  the employment of temporary voter   registration personnel for not more than 39 weeks in a state fiscal   year; and                (2)  if the registrar's county has a population of less   than 55,000, defray the cost to the registrar's county of keeping   the polling places in the county open during the early voting period   as required under Section [Sections] 85.005(c)[, 85.006(e), and   85.064(d)].          SECTION 3.  Section 42.0051, Election Code, is amended to   read as follows:          Sec. 42.0051.  COMBINING CERTAIN PRECINCTS. (a)  If changes   in county election precinct boundaries to give effect to a   redistricting plan result in county election precincts with fewer   than 3,000 registered voters, a commissioners court for a general   or special election, or for a primary election, the county   executive committee of a political party conducting a primary   election, may combine county election precincts notwithstanding   Section 42.005 to avoid unreasonable expenditures for election   equipment, supplies, and personnel [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].          (b)  A combined precinct under Subsection (a) is subject to   the maximum population prescribed for a precinct under Section   42.006.          (c) [(a-1)]  In a county that does not participate in the   countywide polling place program described by Section 43.007, for a   general or special election for which use of county election   precincts is required, the commissioner's court [may,] on the   recommendation of the county election board, or for a primary   election for which use of county election precincts is required,   the county executive committee of a political party conducting the   primary election, may combine county election precincts   notwithstanding Section 42.005 if:                (1)  the commissioners court cannot secure a suitable   polling place location under Section 43.031; and                (2)  the location of the combined polling place   adequately serves the voters of the combined precinct.          (d) [(c)]  A combined precinct under Subsection (c) [this   section] may not contain more than 10,000 registered voters.          (e) [(d)]  A combined precinct may not be established if it:                (1)  results in a dilution of voting strength of a group   covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et   seq.);                (2)  results in a dilution of representation of a group   covered by the Voting Rights Act in any political or electoral   process or procedure; or                (3)  results in discouraging participation by a group   covered by the Voting Rights Act in any political or electoral   process or procedure because of the location of a polling place or   other factors.          (f)  For the purposes of appointing a presiding election   judge and an alternate presiding judge to a county election   precinct combined under this section, the combined precinct shall   be considered a single precinct and the judges shall be appointed in   accordance with the procedures provided under Chapter 32.          SECTION 4.  Subchapter A, Chapter 43, Election Code, is   amended by adding Section 43.0015 to read as follows:          Sec. 43.0015.  DESIGNATION OF LOCATION: USE OF EARLY VOTING   POLLING PLACE ON ELECTION DAY.  The authority responsible for   designating polling places under this subchapter shall, at a   minimum, designate as locations for polling places on election day:                (1)  the location designated as the main early voting   polling place under Section 85.002;                (2)  each location designated as a permanent branch   polling place under Section 85.061; and                (3)  each location designated as a temporary branch   polling place under Section 85.062.          SECTION 5.  Section 61.002(a), Election Code, is amended to   read as follows:          (a)  Immediately before opening the polls for voting on the   first day of voting at a polling place during early voting or [and]   on election day, the presiding election judge or alternate election   judge shall confirm that each voting machine has any public counter   reset to zero and shall print the tape that shows the counter was   set to zero for each candidate or measure on the ballot.          SECTION 6.  Section 62.005, Election Code, is amended to   read as follows:          Sec. 62.005.  EXAMINING BALLOT BOXES.  On the first day of   voting at a polling place during early voting or on election day, an    [An] election officer shall open and examine the ballot boxes and   remove any contents from the boxes.          SECTION 7.  Section 65.002(a), Election Code, is amended to   read as follows:          (a)  Subject to Subsection (b), the presiding judge may   direct the counting of ballots to occur on election day at any time   after the polls have been open for one hour.          SECTION 8.  Section 65.014(b), Election Code, is amended to   read as follows:          (b)  The returns must state:                (1)  the total number of voters who voted at the polling   place during early voting by personal appearance and on election   day as indicated by the poll list; and                (2)  the total number of votes counted for each   candidate and for and against each measure.          SECTION 9.  Sections 65.016(a) and (b), Election Code, are   amended to read as follows:          (a)  A county that holds or provides election services for an   election and maintains an Internet website shall post on its public   Internet website for an election of public officials or of a   governmental entity authorized by law to impose a tax administered   by the county:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)  the total number of votes cast for each candidate   or for or against each measure at each polling location;                (5)  the total number of votes cast by personal   appearance [on election day];                (6) [(5)]  the total number of votes cast by personal   appearance or mail [during the early voting period]; and                (7) [(6)]  the total number of counted and uncounted   provisional ballots cast.          (b)  A city or independent school district that holds an   election and maintains an Internet website shall post on its public   Internet website for the city or independent school district, as   applicable:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)  the total number of votes cast for each candidate   or for or against each measure at each polling location;                (5)  the total number of votes cast by personal   appearance [on election day];                (6) [(5)]  the total number of votes cast by [personal   appearance or] mail [during the early voting period]; and                (7) [(6)]  the total number of counted and uncounted   provisional ballots cast.          SECTION 10.  The heading to Section 66.0021, Election Code,   is amended to read as follows:          Sec. 66.0021.  [ELECTION DAY] VOTE TOTAL FOR CERTAIN   ELECTIONS.          SECTION 11.  Section 66.0021(b), Election Code, is amended   to read as follows:          (b)  The general custodian of election records for a primary   election or the general election for state and county officers   shall maintain a list that states the total number of votes cast in   each precinct by personal appearance [on election day] that is   available for public inspection not later than the day after   election day.          SECTION 12.  Sections 67.004(b) and (b-1), Election Code,   are amended to read as follows:          (b)  The canvassing authority shall prepare a tabulation   stating for each candidate and for and against each measure:                (1)  the total number of votes received in each   precinct; [and]                (2)  the total number of votes received in each polling   location; and                (3)  the sum of the precinct totals tabulated under   Subdivision (1).          (b-1)  The tabulation in Subsection (b) must also include for   each precinct and for each polling location the total number of   voters who cast a ballot for a candidate or for or against a measure   in the election. The secretary of state shall prescribe any   procedures necessary to implement this subsection.          SECTION 13.  Section 67.017(a), Election Code, is amended to   read as follows:          (a)  After each election for a statewide office or the office   of United States representative, state senator, or state   representative, a district office, a county office, or a precinct   office, the county clerk shall prepare a report of the number of   votes, including [early voting] votes cast by mail and [early   voting votes cast] by personal appearance, received in each county   election precinct and in each polling location for each candidate   for each of those offices. In a presidential election year, the   report must include the number of votes received in each precinct   and in each polling location for each set of candidates for   president and vice-president of the United States.          SECTION 14.  Section 84.032(c), Election Code, is amended to   read as follows:          (c)  An applicant may submit a request [after the close of   early voting by personal appearance] by appearing in person and:                (1)  returning the ballot to be voted by mail to the   early voting clerk; or                (2)  executing an affidavit that the applicant:                      (A)  has not received the ballot to be voted by   mail;                      (B)  never requested a ballot to be voted by mail;   or                      (C)  received notice of a defect under Section   87.0271(b) or (c) or 87.0411(b) or (c).          SECTION 15.  Sections 85.001(a) and (e), Election Code, are   amended to read as follows:          (a)  The period for early voting by personal appearance   begins on the 12th [17th] day before election day, [and] continues   through the [fourth] day before election day, and includes   Saturdays, Sundays, and holidays, except as otherwise provided by   this section.          (e)  For an election held on the uniform election date in May   and any resulting runoff election, the period for early voting by   personal appearance begins on the ninth [12th] day before election   day, [and] continues through the [fourth] day before election day,   and includes Saturdays, Sundays, and holidays.          SECTION 16.  Sections 85.005(a), (b), and (c), Election   Code, are amended to read as follows:          (a)  Except as provided by Subsection (c), in an election in   which a county clerk is the early voting clerk under Section 83.002,   early voting by personal appearance at the main early voting   polling place shall be conducted on each day [weekday] of the early   voting period [that is not a legal state holiday and] for a period   of at least nine hours, except that voting may not be conducted   earlier than 6 a.m. or later than 10 p.m.          (b)  In an election to which Subsection (a) does not apply,   early voting by personal appearance at the main early voting   polling place shall be conducted at least nine hours each day   [weekday] of the early voting period [that is not a legal state   holiday] unless the territory covered by the election has fewer   than 1,000 registered voters.  In that case, the voting shall be   conducted at least four hours each day. The authority ordering the   election, or the county clerk if that person is the early voting   clerk, shall determine which hours the voting is to be conducted.          (c)  Voting in a primary election, [or] the general election   for state and county officers, or a special election ordered by the   governor shall be conducted at the main early voting polling place   for at least 12 consecutive hours on each [weekday] of the last four   days [week] of the early voting period except that voting shall be   conducted for at least nine consecutive hours on a Sunday[, and the   voting in a special election ordered by the governor shall be   conducted at the main early voting polling place for at least 12   consecutive hours on each of the last two days of the early voting   period]. Voting under this subsection may not be conducted earlier   than 6 a.m. or later than 10 p.m.          SECTION 17.  Sections 85.007(a) and (b), Election Code, are   amended to read as follows:          (a)  The election order and the election notice must state:                (1)  the date that early voting will begin if under   Section 85.001(d) the early voting period is to begin later than the   prescribed date; and                (2)  the regular dates and hours that voting will be   conducted under Section 85.005(b), including[; and                [(3)  the dates and hours that] voting on Saturday or   Sunday [is ordered to be conducted under Section 85.006(a)].          (b)  The early voting clerk shall post notice for each   election stating the dates and hours that voting on a Saturday or   Sunday will [is ordered to] be conducted [under Section 85.006(b)].          SECTION 18.  Section 85.032, Election Code, is amended by   amending Subsection (d) and adding Subsection (g) to read as   follows:          (d)  Each custodian shall retain possession of the key   entrusted to the custodian until it is delivered to, as applicable,   the presiding judge of:                (1)  the central counting station;                (2)  the early voting ballot board; or                (3)  an election day polling place.          (g)  Voted early voting ballots to be counted manually shall   be kept in a separate ballot box from voted early voting ballots to   be counted using automatic tabulating equipment.          SECTION 19.  Section 85.033, Election Code, is amended to   read as follows:          Sec. 85.033.  SECURITY OF VOTING MACHINE. At the close of   early voting each day, the early voting clerk shall secure each   voting machine used for early voting in the manner prescribed by the   secretary of state so that its unauthorized operation is prevented.   The clerk shall unsecure the machine before the beginning of   [early] voting the following day.          SECTION 20.  Section 85.071, Election Code, is amended to   read as follows:          Sec. 85.071.  DELIVERY OF BALLOTS TO MAIN POLLING PLACE. (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 of the same ballot style but in a separate locked   container.          (c)  At [All voted and unvoted ballots shall be delivered by   an election officer or designated law enforcement officer to the   main polling place at] the close of early voting [on the last day of   voting] at a [the] branch polling place:                (1)  unvoted ballots shall be retained or delivered in   the manner described by Subsection (b);                (2)  voted ballots to be counted using automatic   tabulating equipment shall be retained or delivered in the manner   described by Subsection (a); and                (3)  voted ballots to be counted manually shall be:                      (A)  delivered by an election officer or   designated law enforcement officer to the main early voting polling   place; and                      (B)  set aside for subsequent delivery to the   early voting ballot board under Section 87.021.          (d)  At the close of the polls on election day, voted early   voting ballots to be counted using automatic tabulating equipment   shall be delivered with the ballots voted on election day at the   same polling place to the central counting station according to   Section 87.129 and the procedures under Subchapter C, Chapter 127.          SECTION 21.  Section 87.021, Election Code, is amended to   read as follows:          Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO   BOARD. The early voting clerk shall deliver to the early voting   ballot board:                (1)  in an election in which regular paper ballots are   used for early voting by personal appearance, each ballot box, in   accordance with Section 85.032(b), containing the early voting   ballots voted by personal appearance to be counted manually and the   clerk's key to each box;                (2)  the jacket envelopes containing the early voting   ballots voted by mail, regardless of the ballot type or voting   system used;                (3)  the poll lists prepared in connection with early   voting by personal appearance;                (4)  the list of registered voters used in conducting   early voting; and                (5)  a ballot transmittal form that includes a   statement of the number of early voting ballots voted by mail,   regardless of the ballot type or voting system used, that are   delivered to the early voting ballot board, and in an election in   which regular paper ballots are used for early voting by personal   appearance, the number of names appearing on the poll lists   prepared in connection with early voting by personal appearance.          SECTION 22.  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 or[,] 87.0222, [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 23.  Section 87.0241(b), Election Code, is amended   to read as follows:          (b)  The board may not count early voting ballots until:                (1)  the polls open on election day; or                (2)  in an election conducted by an authority of a   county with a population of 100,000 or more, or conducted jointly   with such a county or conducted with such a county through a   contract for election services, the fourth day before election day   [end of the period for early voting by personal appearance].          SECTION 24.  Section 87.103, Election Code, is amended to   read as follows:          Sec. 87.103.  COUNTING BALLOTS AND PREPARING RETURNS. (a)     The [early voting electronic system ballots counted at a central   counting station, the] ballots cast by personal appearance [at   precinct polling places,] and the ballots voted by mail shall be   tabulated separately and shall be separately reported on the   returns.          (b)  The [early voting] returns prepared at the central   counting station must include any [early voting] results obtained   by the early voting ballot board under Subchapter D.          SECTION 25.  Section 87.104, Election Code, is amended to   read as follows:          Sec. 87.104.  DISPOSITION OF EARLY VOTING BALLOT BOARD   RETURNS AND OTHER RECORDS.  Returns [Early voting returns] or other   early voting election records to be delivered to the central   counting station under Section 87.063(b) [or 87.084(b)] shall be   delivered to the appropriate authorities with the counting station   records.          SECTION 26.  Section 87.1231, Election Code, is amended to   read as follows:          Sec. 87.1231.  EARLY VOTING BY MAIL VOTES REPORTED BY   PRECINCT. Not later than the time of the local canvass, the early   voting clerk shall deliver to the local canvassing authority a   report of the total number of early voting votes by mail for each   candidate or measure by election precinct. [The report may reflect   the total for votes by mail and the total for votes by personal   appearance.]          SECTION 27.  Subchapter G, Chapter 87, Election Code, is   amended by adding Section 87.129 to read as follows:          Sec. 87.129.  DISPOSITION OF CERTAIN BALLOTS VOTED BY   PERSONAL APPEARANCE. Voted early voting ballots retained or   delivered to the main early voting polling place under Section   85.071(c)(2) shall be treated as ballots voted on election day at   the same polling place for purposes of processing and tabulation   under Chapter 65.          SECTION 28.  Section 102.003(b), Election Code, is amended   to read as follows:          (b)  An application must [may] be submitted [after the last   day of the period for early voting by personal appearance and]   before 5 p.m. on election day.          SECTION 29.  Section 127.131(a), Election Code, is amended   to read as follows:          (a)  After the automatic counting of ballots [for each   precinct] is completed, the presiding judge of the central counting   station shall prepare the election returns for each [that] precinct   and each polling location and sign the returns to certify their   accuracy.          SECTION 30.  Section 172.124(a), Election Code, is amended   to read as follows:          (a)  For each primary election, the county clerk shall   prepare a report of the number of votes[, including early voting   votes,] received in each county election precinct by each candidate   for an office, other than a party office, as provided by Section   67.017 for the report of precinct results for a general election.          SECTION 31.  The following provisions of the Election Code   are repealed:                (1)  Chapter 103;                (2)  Section 43.007(i);                (3)  Section 85.006;                (4)  Section 85.008;                (5)  Section 85.064(d);                (6)  Section 85.068;                (7)  Section 87.023;                (8)  Section 87.024;                (9)  Section 113.004(c); and                (10)  Section 129.057.          SECTION 32.  As soon as practicable after the effective date   of this Act, but not later than August 1, 2027, the secretary of   state shall:                (1)  adopt rules and prescribe procedures required for   the implementation of this Act; and                (2)  publish a report in the Texas Register stating   that the secretary:                      (A)  has consulted with county election officials   in this state; and                      (B)  is confident that the counties in this state   are prepared to implement the provisions of this Act.          SECTION 33.  The changes in law made by this Act apply only   to an election ordered on or after the date the secretary of state   publishes the report required by Section 32 of this Act.          SECTION 34.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2753 passed the Senate on   May 6, 2025, by the following vote:  Yeas 20, Nays 11;   May 29, 2025, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 30, 2025, House   granted request of the Senate; June 1, 2025, Senate adopted   Conference Committee Report by the following vote:  Yeas 20,   Nays 11.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2753 passed the House, with   amendments, on May 28, 2025, by the following vote:  Yeas 111,   Nays 20, one present not voting; May 30, 2025, House granted   request of the Senate for appointment of Conference Committee;   June 1, 2025, House adopted Conference Committee Report by the   following vote:  Yeas 84, Nays 45, three present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor