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H.B. No. 2309
AN ACT
relating to certain election processes and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL CHANGES IN ELECTION LAW
SECTION 1.01. Section 2.051, Election Code, is amended to
read as follows:
Sec. 2.051. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Sections 2.055 and 2.056, this subchapter applies only
to an election for officers of a political subdivision other than a
county in which write-in votes may be counted only for names
appearing on a list of write-in candidates and in which:
(1) each candidate for an office that [whose name] is
to appear on the ballot is unopposed, except as provided by
Subsection (b); and
(2) no proposition is to appear on the ballot.
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit if each
candidate for an office that [whose name] is to appear on the ballot
in that territorial unit is unopposed and no at-large proposition
or opposed at-large race is to appear on the ballot. This
subchapter applies to an unopposed at-large race in such an
election regardless of whether an opposed race is to appear on the
ballot in a particular territorial unit.
SECTION 1.02. Section 2.052(a), Election Code, is amended
to read as follows:
(a) The authority responsible for having the official
ballot prepared shall certify in writing that a candidate is
unopposed for election to an office if, were the election held, only
the votes cast for that candidate in the election for that office
may be counted[:
[(1) only one candidate's name is to be placed on the
ballot for that office under Section 52.003; and
[(2) no candidate's name is to be placed on a list of
write-in candidates for that office under applicable law].
SECTION 1.03. Section 2.055(a), Election Code, is amended
to read as follows:
(a) The secretary of state may declare an unopposed
candidate elected to fill a vacancy in the legislature if:
(1) each candidate for an office that [whose name] is
to appear on the ballot is unopposed; and
(2) no proposition is to appear on the ballot [; and
[(3) no candidate's name is to be placed on a list of
write-in candidates for that office under Subchapter D, Chapter
146].
SECTION 1.04. Section 2.056(c), Election Code, is amended
to read as follows:
(c) A certifying authority may declare a candidate elected
to an office of the state or county government if, were the election
held, only the votes cast for that candidate in the election for
that office may be counted[:
[(1) the candidate is the only person whose name is to
appear on the ballot for that office; and
[(2) no candidate's name is to be placed on a list of
write-in candidates for that office under Subchapter B, Chapter
146].
SECTION 1.05. Chapter 4, Election Code, is amended by
adding Section 4.008 to read as follows:
Sec. 4.008. NOTICE TO COUNTY CLERK. The governing body of a
political subdivision, other than a county, that orders an election
shall deliver notice of the election to the county clerk of each
county in which the political subdivision is located not later than
the 60th day before election day.
SECTION 1.06. Section 11.001, Election Code, is amended to
read as follows:
Sec. 11.001. ELIGIBILITY TO VOTE. (a) Except as otherwise
provided by law, to be eligible to vote in an election in this
state, a person must:
(1) be a qualified voter as defined by Section 11.002
on the day the person offers to vote;
(2) be a resident of the territory covered by the
election for the office or measure on which the person desires to
vote; and
(3) satisfy all other requirements for voting
prescribed by law for the particular election.
(b) For a person who resides on property located in more
than one territory described by Subsection (a)(2), the person shall
choose in which territory the residence of the person is located.
SECTION 1.07. Section 16.0921(c), Election Code, is amended
to read as follows:
(c) The registrar may not deliver a confirmation notice
resulting from a sworn statement filed after the 75th day before the
date of the general election for state and county officers until
after the date of that election. This subsection does not apply to
a person who submits a registration application [registers] after
the 75th day and prior to the 30th day before the general election
for state and county officers.
SECTION 1.08. Effective January 1, 2006, Section 19.002(d),
Election Code, is amended to read as follows:
(d) The comptroller may not issue a warrant if on June 1 of
the year in which the warrant is to be issued the most recent notice
received by the comptroller from the secretary of state under
Section 18.065 indicates that the registrar is not in substantial
compliance with Section 15.083 [14.025], 16.032, 18.042, or 18.065
[18.063] or with rules implementing the registration service
program.
SECTION 1.09. Section 31.0021(a), Election Code, is amended
to read as follows:
(a) On forms designed and furnished by the secretary of
state for an application for a place on the ballot [or a designation
of a campaign treasurer], the secretary shall include a brief
summary of:
(1) the nepotism prohibition imposed by Chapter 573,
Government Code; and
(2) a list of the specific kinds of relatives that are
included within the prohibited degrees of relationship prescribed
by Chapter 573, Government Code.
SECTION 1.10. Section 31.092, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) In a contract authorized by Subsection (b), the county
election officer may not prevent the county chair or the chair's
designee from supervising the conduct of the primary election,
including the tabulation of results, as required by Chapter 172.
SECTION 1.11. (a) Section 42.006(a), Election Code, is
amended to read as follows:
(a) Except as otherwise provided by this section, a county
election precinct must contain at least 100 but not more than 5,000
[2,000] registered voters.
(b) Section 42.006(d), Election Code, is repealed.
SECTION 1.12. Section 51.005(c), Election Code, is amended
to read as follows:
(c) The secretary of state shall prescribe procedures for
determining the number of provisional ballots [ballot stubs] to be
provided.
SECTION 1.13. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.060 to read as follows:
Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
AFFIDAVIT. A social security number, Texas driver's license
number, or number of a personal identification card issued by the
Department of Public Safety furnished on a provisional ballot
affidavit is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. The
general custodian of election records shall ensure that a social
security number, Texas driver's license number, or number of a
personal identification card issued by the Department of Public
Safety is excluded from disclosure.
SECTION 1.14. Section 67.004, Election Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The tabulation in Subsection (b) must also include for
each precinct 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 1.15. (a) Sections 67.017(a), (b), and (c),
Election Code, are 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, the county clerk shall prepare a report of the
number of votes, including early voting votes, received in each
county election precinct 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 for each set of
candidates for president and vice-president of the United States.
For any other election, the presiding officer of the canvassing
authority shall prepare a report of the precinct results as
contained in the election register.
(b) The county clerk or presiding officer shall deliver the
report to the secretary of state not later than the 30th day after
election day in an electronic format prescribed by the secretary of
state.
(c) The report may be:
(1) an electronic [a transcribed or photographic] copy
of the precinct returns;
(2) an electronic [a transcribed or photographic] copy
of the tabulation prepared by the local canvassing authority; or
(3) in any other electronic form approved by the
secretary of state.
(b) The changes in law made by this section apply only to an
election held on or after January 1, 2006.
(c) Not later than January 1, 2006, the secretary of state
shall prescribe an electronic format on which a county clerk or a
presiding officer of a canvassing authority shall submit the report
required under Section 67.017, Election Code, as amended by this
section.
SECTION 1.16. (a) Sections 68.051(a) and (b), Election
Code, are amended to read as follows:
(a) Not later than January [February] 1 of each
even–numbered [odd-numbered] year, the lieutenant governor,
speaker of the house of representatives, and secretary of state
shall each appoint six persons to serve on an elections advisory
committee in connection with the tabulation and reporting of
election results under this chapter.
(b) Each member of the committee serves a two-year term
beginning on January [February] 1 of even-numbered [odd–numbered]
years.
(b) The term of an appointed member of the elections
advisory committee serving on the effective date of this section
ends on December 31, 2005.
SECTION 1.17. Section 85.005, Election Code, is amended by
adding Subsection (d) 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 1.18. Section 86.007(f), Election Code, is amended
to read as follows:
(f) If the envelope does not bear the cancellation mark or
receipt mark as required by Subsection (e)(3), a delivery under
Subsection (d)(1) is presumed to be timely if the other
requirements under this section are met. Section 1.006 does not
apply to Subsection (d)(3) [(d)(3)(A)].
SECTION 1.19. Section 87.041(e), Election Code, is amended
to read as follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with the signature on the
voter's registration application to confirm that the signatures are
those of the same person [match] but may not use the registration
application signature to determine that the signatures are not
those of the same person [do not match].
SECTION 1.20. Section 87.042(c), Election Code, is amended
to read as follows:
(c) The ballot envelope must [may] be placed in a separate
container if:
(1) the ballots are to be counted at a central counting
station; or
(2) the procedure for counting the early voting votes
cast by personal appearance is different from that for counting the
votes cast by mail.
SECTION 1.21. Section 101.004, Election Code, is amended by
amending Subsections (i) and (k) and adding Subsection (l) to read
as follows:
(i) Except as provided by Subsection (l), for [For] purposes
of determining the date a federal postcard application is submitted
to the early voting clerk, an application is considered to be
submitted on the date it is placed and properly addressed in the
United States mail. The date indicated by the post office
cancellation mark is considered to be the date the application was
placed in the mail unless proven otherwise. For purposes of an
application made under Subsection (e):
(1) an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 22nd day before election
day; and
(2) if the 30th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day.
(k) If the applicant submits the missing information before
the time prescribed by Subsection (e)(1), the applicant is entitled
to receive a full ballot to be voted by mail under this chapter. If
the applicant submits the missing information after the time
prescribed by Subsection (e)(1), the applicant is entitled to
receive a full ballot to be voted by mail for the next election that
occurs:
(1) in the same calendar year; and
(2) after the 30th day [at least 30 days] after the
date the information is submitted.
(l) For purposes of determining the end of the period that
an application may be submitted under Subsection (f)(1), an
application is considered to be submitted at the time it is received
by the early voting clerk.
SECTION 1.22. Section 146.0301(a), Election Code, is
amended to read as follows:
(a) A write-in candidate may not withdraw from the election
after the 57th [46th] day before election day.
SECTION 1.23. Section 146.083, Election Code, is amended to
read as follows:
Sec. 146.083. FILING DEADLINE. A declaration of write-in
candidacy must be filed not later than 5 p.m. on [of the fifth day
after] the date an application for a place on the ballot is required
to be filed.
SECTION 1.24. Section 272.009(b), Election Code, is amended
to read as follows:
(b) If the number of election clerks appointed under
Subsection (a) is insufficient to serve the needs of the
Spanish-speaking voters in the election, the authority appointing
election judges for the election [holding the election] shall
appoint at least one clerk who is fluent in both English and Spanish
to serve at a central location to provide assistance for
Spanish-speaking voters. On a primary election day, the county
chairs of each party holding a primary shall each appoint one clerk
under this subsection.
SECTION 1.25. (a) Section 277.002(a), Election Code, is
amended to read as follows:
(a) For a petition signature to be valid, a petition must:
(1) contain in addition to the signature:
(A) the signer's printed name;
(B) the signer's:
(i) date of birth [and residence address];
or
(ii) voter registration number and, if the
territory from which signatures must be obtained is situated in
more than one county, the county of registration; [and]
(C) the signer's residence address; and
(D) the date of signing; and
(2) comply with any other applicable requirements
prescribed by law.
(b) The change in law made by this section applies only to a
petition filed on or after the effective date of this section. A
petition filed before the effective date of this section is
governed by the law in effect when the petition was filed, and the
former law is continued in effect for that purpose.
SECTION 1.26. (a) Section 6(b), Chapter 1137, Acts of the
76th Legislature, Regular Session, 1999, is amended to read as
follows:
(b) Each director is [Directors are] elected at large to one
of five numbered places by the qualified voters residing within the
boundaries of LCMUA.
(b) The directors serving on the effective date of this
section shall draw lots to determine in which place each director
serves. The two directors whose terms expire in 2006 shall draw
lots for places 1 and 2. The three directors whose terms expire in
2008 shall draw lots for places 3, 4, and 5. At the directors
election in 2006 a candidate may file for place 1 or 2. At the
directors election in 2008, a candidate may file for place 3, 4, or
5.
(c) Chapter 312, Acts of the 58th Legislature, Regular
Session, 1963, is repealed.
ARTICLE 2. REPEAL OF OBSOLETE PROVISIONS REGARDING THE USE OF
MECHANICAL VOTING MACHINES AND PUNCH-CARD BALLOTS
SECTION 2.01. Section 85.034(a), Election Code, is amended
to read as follows:
(a) Early voting by personal appearance by a voter who is
voting outside the early voting polling place under Section 64.009
shall be conducted in accordance with this section if voting at the
early voting polling place is by voting machine [or voting device
unless the early voting clerk chooses to transport a voting device
to the voter].
SECTION 2.02. Section 104.001, Election Code, is amended to
read as follows:
Sec. 104.001. ELIGIBILITY. A qualified voter in whose
precinct polling place voting is conducted by voting machine [or
voting device] is eligible to vote by the early voting procedure
provided by this chapter if the voter has a sickness or physical
condition that prevents the voter from voting in the regular manner
without personal assistance or a likelihood of injuring the voter's
health.
SECTION 2.03. Section 111.005(c), Election Code, is amended
to read as follows:
(c) If an electronic system ballot is used, the restricted
ballot shall be prepared by marking[, punching,] or otherwise
identifying an official early voting ballot so that votes on
offices and propositions stating measures on which the voter is not
entitled to vote may not be counted.
SECTION 2.04. Section 121.003, Election Code, is amended to
read as follows:
Sec. 121.003. DEFINITIONS. In this title:
(1) "Voting system" means a method of casting and
processing votes that is designed to function wholly or partly by
use of mechanical, electromechanical, or electronic apparatus and
includes the procedures for casting and processing votes and the
programs, operating manuals, tabulating cards, printouts, and
other software necessary for the system's operation.
(2) "Electronic voting system" means a voting system
in which the ballots are automatically counted and the results
automatically tabulated by use of electronically operated
apparatus.
(3) "Voting machine" means an apparatus on which
voters cast their votes, that records each vote, and that furnishes
a total of the number of votes cast for the candidates and for and
against the measures.
(4) ["Mechanical voting machine" means a voting
machine that is designed to function by the manual operation of a
lever or other device on the machine without the aid of electrical
power.
[(5) "Voting device" means an apparatus that is
designed for use with punch-card ballots, that holds the punch-card
ballot label, and that enables a voter to position the ballot for
voting.
[(6)] "Voting system equipment" means any kind of
mechanical, electromechanical, or electronic apparatus for use in a
voting system.
(5) [(7)] "Automatic tabulating equipment" means
equipment, other than a voting machine, that compiles vote totals
by ballot sorting, ballot reading, ballot scanning, or electronic
data processing.
(6) [(8)] "Public counter" means a registering device
that cumulatively records the number of voters casting votes on a
voting machine and that is constructed and installed on the machine
in a way that provides an unobstructed view of the recorded number.
(7) [(9)] "Protective counter" means a registering
device that permanently records the cumulative number of times that
a voting machine has been operated and that is installed in the
machine in a way that prevents resetting the device.
(8) [(10)] "Registering counter" means a registering
device on a voting machine that records the votes cast for a
particular candidate or for or against a particular measure.
[(11) "Mechanical machine ballot label" means the
cardboard or other material listing the candidates and propositions
that is attached to a mechanical voting machine to enable voters to
make their choices.
[(12) "Punch-card ballot label" means the paper or
other material listing the candidates and propositions that is
designed for use with punch-card ballots to enable voters to make
their choices.
[(13) "Voting system ballot label" means a punch-card
ballot label or a mechanical machine ballot label.]
(9) [(14)] "Electronic system ballot" means a ballot
designed for use with an electronic voting system.
(10) [(15)] "Punch-card ballot" means an electronic
system ballot in the form of a tabulating card.
(11) [(16)] "Voting system ballot" means a ballot
designed for use with a voting system.
(12) [(17)] "Direct recording electronic voting
machine" or "DRE" means a voting machine that is designed to allow a
direct vote on the machine by the manual touch of a screen, monitor,
or other device and that records the individual votes and vote
totals electronically.
SECTION 2.05. Section 122.033, Election Code, is amended to
read as follows:
Sec. 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF
VOTING MACHINE. [(a)] In addition to other requirements for
approval, a voting machine must be equipped with:
(1) a security system capable of preventing operation
of the machine;
(2) registering counters that can be secured against
access;
(3) a public counter; and
(4) a protective counter.
[(b) The security system for a mechanical voting machine must
be a lock and key system.]
SECTION 2.06. Section 123.033(e), Election Code, is amended
to read as follows:
(e) The maximum amount that may be charged for leasing
equipment to a county executive committee for a general or runoff
primary is:
(1) [$16 for each mechanical voting machine;
[(2)] $5 for each unit of electronic voting system
equipment installed at a polling place; and
(2) [(3)] $5 for each unit of other equipment not
specified by this subsection.
SECTION 2.07. Section 124.001, Election Code, is amended to
read as follows:
Sec. 124.001. STRAIGHT-PARTY ARRANGEMENT. In an election
in which voters are entitled to cast straight-party votes, the
voting system ballot [and ballot label] shall be arranged to permit
the voters to do so.
SECTION 2.08. Section 124.002, Election Code, is amended to
read as follows:
Sec. 124.002. MANNER OF INDICATING PARTY ALIGNMENT. (a) In
an election in which a candidate's name is to appear on the ballot
as the nominee of a political party, the voting system ballot [and
ballot label, as applicable,] shall be arranged:
(1) in party columns in the same manner as for a
regular paper ballot on which a party nominee appears; or
(2) by listing the office titles in a vertical column
in the same manner as for a regular paper ballot on which a party
nominee does not appear, except that the nominees' party alignments
shall be indicated next to their names.
(b) The order in which party nominees listed by office title
appear on a voting system ballot [or ballot label] is determined in
accordance with the same priorities and in the same manner as for
party nominees listed in party columns, with the changes
appropriate to the circumstances.
SECTION 2.09. Sections 124.003(a), (c), and (d), Election
Code, are amended to read as follows:
(a) Any unopposed candidates may be listed separately under
the heading "Uncontested Races" on a voting system ballot [or
ballot label].
(c) Candidates listed under the uncontested races heading
may be arranged in a manner requiring voting on them as one or more
blocs, but only if an additional ballot [or ballot label] would
otherwise be necessary to accommodate all the candidates and
propositions to be listed.
(d) The requirement that the ballot [or ballot label] be
arranged to permit straight-party voting does not apply to
candidates listed under the uncontested races heading.
SECTION 2.10. Section 124.063, Election Code, is amended to
read as follows:
Sec. 124.063. INSTRUCTIONS REQUIRED ON BALLOT. (a) An
electronic system ballot on which a voter indicates a vote by making
a mark on [punching a hole in] the ballot must contain the following
instruction if candidates are to be voted on: "Vote for the
candidate of your choice in each race by making a mark [punch hole]
in the space provided adjacent to the name of that candidate." If a
proposition appears on the ballot, the ballot must contain the
following instruction: "Make a mark [punch hole] in the space
provided beside the statement indicating the way you desire to
vote."
(b) [An electronic system ballot on which a voter indicates
a vote by making a mark on the ballot must comply with Subsection
(a), with the substitution of "mark" for "punch hole."
[(c)] The instructions prescribed by Subsection
[Subsections] (a) [and (b)] shall be changed appropriately if the
election has only one race, more than one candidate is to be elected
in a race, or other circumstances require an alteration of the
instructions.
(c) [(d) An electronic system ballot on which a voter
indicates a vote by punching a hole in the ballot must contain the
following instruction following the other required instructions:
"Check your ballot after voting to make sure that the holes are
actually punched through."
[(e)] The electronic system ballot must contain
instructions for casting a write-in vote. The secretary of state
shall prescribe the wording of the instructions.
(d) [(f)] The electronic system ballot for an election in
which straight-party voting is allowed must contain the instruction
prescribed by Section 52.071(b) with the language relating to
placing an "X" in the party square changed as appropriate to
accommodate the method by which the voter indicates a vote.
[(g) The instructions required by this section may be placed
on the punch-card ballot label instead of on the punch-card
ballot.]
SECTION 2.11. 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[, voting devices,] 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 2.12. Section 125.007, Election Code, is amended to
read as follows:
Sec. 125.007. ASSISTING VOTER. If a voter who is voting
with a voting machine [or voting device] is physically unable to
operate the machine [or device], the voter is entitled to
assistance under the applicable provisions for assisting voters
using regular paper ballots.
SECTION 2.13. Section 125.061(a), Election Code, is amended
to read as follows:
(a) Before opening a polling place for voting on election
day, the presiding judge shall inspect [each voting device and] any
[other] electronic voting system equipment installed at the polling
place to determine whether it is installed and functioning
properly.
SECTION 2.14. Section 127.1301, Election Code, is amended
to read as follows:
Sec. 127.1301. TALLYING, TABULATING, AND REPORTING
[PUNCH-CARD OR] CENTRALLY COUNTED OPTICAL SCAN BALLOT UNDERVOTES
AND OVERVOTES. In an election using [punch-card or] centrally
counted optical scan ballots, the undervotes and overvotes on those
ballots shall be tallied, tabulated, and reported by race and by
election precinct in the form and manner prescribed by the
secretary of state.
SECTION 2.15. Section 212.112(a), Election Code, is amended
to read as follows:
(a) Subject to Subsection (d), the amount of the recount
deposit is determined by the number of precincts for which a recount
is requested in the document that the deposit accompanies, in
accordance with the following schedule:
(1) five times the maximum hourly rate of pay for
election judges, for a precinct in which:
(A) regular paper ballots were used;
(B) electronic voting system ballots, other than
[punch-card ballots or] printed images of ballots cast using direct
recording electronic voting machines, are to be recounted manually;
or
(C) both write-in votes and voting system votes
are to be recounted;
(2) 10 times the maximum hourly rate of pay for
election judges, for a precinct in which[:
[(A) punch-card ballots are to be recounted
manually; or
[(B)] printed images of ballots cast using direct
recording electronic voting machines are to be recounted manually;
(3) three times the maximum hourly rate of pay for
election judges, for a precinct in which ballots are to be recounted
by automatic tabulating equipment and no write-in votes are to be
recounted; and
(4) two times the maximum hourly rate of pay for
election judges, for a precinct in which:
(A) voting machines were used and no write-in
votes are to be recounted; or
(B) only the write-in votes cast in connection
with a voting system are to be recounted.
SECTION 2.16. Section 214.002(b), Election Code, is amended
to read as follows:
(b) The count shall be made, and the correctness of the
tally lists shall be certified, in the same manner as an original
count of regular paper ballots, except that[:
[(1)] only two tally lists are prepared[; and
[(2) Section 127.130(d) applies to a count of
punch-card ballots].
SECTION 2.17. 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, [voting devices,] 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 2.18. Section 272.005(b), Election Code, is amended
to read as follows:
(b) Except as provided by Section 272.006, ballots [and
voting system ballot labels] must be printed with all ballot
instructions, office titles, column headings, proposition
headings, and propositions appearing in English and Spanish.
SECTION 2.19. Section 272.006(a), Election Code, is amended
to read as follows:
(a) In an election precinct in which use of bilingual
election materials is required, bilingual printing of the ballot
[or voting system ballot label] is not required if a Spanish
translation of the ballot is posted in each voting station and a
statement in Spanish is placed on the ballot [or ballot label]
informing the voter that the translation is posted in the station.
SECTION 2.20. Section 272.007(c), Election Code, is amended
to read as follows:
(c) The authority responsible for having the official
ballot prepared for an election other than a primary election or an
election ordered by the governor shall prepare the Spanish
translation of the contents of the ballot [or voting system ballot
label].
SECTION 2.21. The following provisions of the Election Code
are repealed:
(1) Sections 123.001(d), 123.0331, 124.061,
125.061(c), and 127.130(d) and (e);
(2) Subchapter E, Chapter 87;
(3) Subchapter B, Chapter 124;
(4) Subchapter B, Chapter 125;
(5) Chapter 126;
(6) Subchapter G, Chapter 127; and
(7) Subchapter B, Chapter 214.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. (a) Except as otherwise provided by this Act,
this Act takes effect September 1, 2005.
(b) Article 2 of this Act takes effect January 1, 2006.
(c) A change in law made by this Act that affects the holding
of an election applies only to an election ordered on or after the
effective date of the change.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2309 was passed by the House on May
13, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2309 on May 27, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2309 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2309 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2309 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor