S.B. No. 1970
 
 
 
 
AN ACT
  relating to certain election practices and procedures; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 2.051, Election Code, is
  amended to read as follows:
         (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 is to appear on
  the ballot is unopposed, except as provided by Subsection (b)[; and
               [(2)  no proposition is to appear on the ballot]. For
  purposes of this section, a special election of a political
  subdivision is considered to be a separate election with a separate
  ballot from:
               (1)  a general election for officers of the political
  subdivision held at the same time as the special election; or
               (2)  another special election of the political
  subdivision held at the same time as the special election.
         SECTION 2.  Section 2.053, Election Code, is amended to read
  as follows:
         Sec. 2.053.  ACTION ON CERTIFICATION. (a)  On receipt of
  the certification, the governing body of the political subdivision
  by order or ordinance may declare each unopposed candidate elected
  to the office. If no election is to be held on election day by the
  political subdivision, a copy of the order or ordinance shall be
  posted on election day at each polling place used or that would have
  been used in the election.
         (b)  If a declaration is made under Subsection (a), the
  election is not held. [A copy of the order or ordinance shall be
  posted on election day at each polling place that would have been
  used in the election.]
         (c)  The ballots used at a separate election held at the same
  time as an election that would have been held if the candidates were
  not declared elected under this section shall include the offices
  and names of the candidates declared elected under this section
  listed separately after the measures or contested races in the
  separate election under the heading "Unopposed Candidates Declared
  Elected."  The candidates shall be grouped in the same relative
  order prescribed for the ballot generally. No votes are cast in
  connection with the candidates.
         (d)  The secretary of state by rule may prescribe any
  additional procedures necessary to accommodate a particular voting
  system or ballot style and to facilitate the efficient and
  cost-effective implementation of this section.
         (e)  A certificate of election shall be issued to each
  candidate in the same manner and at the same time as provided for a
  candidate elected at the election. The candidate must qualify for
  the office in the same manner as provided for a candidate elected at
  the election.
         SECTION 3.  Subsection (a), Section 2.054, Election Code, is
  amended to read as follows:
         (a)  In an election that may be subject to this subchapter, a
  [A] person commits an offense if by intimidation or by means of
  coercion the person influences or attempts to influence a person
  to:
               (1)  not file an application for a place on the ballot
  or a declaration of write-in candidacy; or
               (2)  withdraw as a candidate [in an election that may be
  subject to this subchapter].
         SECTION 4.  Chapter 2, Election Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D.  CANCELLATION OF ELECTIONS
         Sec. 2.081.  CANCELLATION OF MOOT MEASURE. (a)  If an
  authority that orders an election on a measure determines that the
  action to be authorized by the voters may not be taken, regardless
  of the outcome of the election, the authority may declare the
  measure moot and remove the measure from the ballot.
         (b)  If a measure is declared moot under this section and is
  removed from the ballot, the authority holding the election shall
  post notice of the declaration during early voting by personal
  appearance and on election day, at each polling place that would
  have been used for the election on the measure.
         Sec. 2.082.  SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED.
  An authority that orders an election may cancel the election only if
  the power to cancel the election is specifically provided by
  statute.
         SECTION 5.  Subsection (a), Section 4.004, Election Code, is
  amended to read as follows:
         (a)  The notice of a general or special election must state:
               (1)  the nature and date of the election;
               (2)  except as provided by Subsection (c), the location
  of each polling place, including each early voting polling place;
               (3)  the hours that the polls will be open; and
               (4)  any other information required by other law.
         SECTION 6.  Subsection (a), Section 16.031, Election Code,
  is amended to read as follows:
         (a)  The registrar shall cancel a voter's registration
  immediately on receipt of:
               (1)  notice under Section 13.072(b) or 15.021 or a
  response under Section 15.053 that the voter's residence is outside
  the county;
               (2)  an abstract of the voter's death certificate under
  Section 16.001(a) or an abstract of an application indicating that
  the voter is deceased under Section 16.001(b);
               (3)  an abstract of a final judgment of the voter's
  total mental incapacity, partial mental incapacity without the
  right to vote, conviction of a felony, or disqualification under
  Section 16.002, 16.003, or 16.004;
               (4)  notice under Section 112.012 that the voter has
  applied for a limited ballot in another county;
               (5)  notice from a voter registration official in
  another state that the voter has registered to vote outside this
  state; [or]
               (6)  notice from the early voting clerk under Section
  101.0041 that a federal postcard application submitted by an
  applicant states a voting residence address located outside the
  registrar's county; or
               (7)  notice from the secretary of state that the voter
  has registered to vote in another county, as determined by the
  voter's driver's license number or personal identification card
  number issued by the Department of Public Safety or social security
  number.
         SECTION 7.  Section 67.010, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The presiding officer may make a clerical correction to
  the officially canvassed returns based on any authorized amended
  county canvass filed with the presiding officer.
         SECTION 8.  Subsection (e), Section 85.001, Election Code,
  is amended to read as follows:
         (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 12th day before election day and
  continues through the fourth day before election day.
         SECTION 9.  Section 85.004, Election Code, is amended to
  read as follows:
         Sec. 85.004.  PUBLIC NOTICE OF [MAIN] POLLING PLACE
  LOCATION. The election order and the election notice must state the
  location of each [the main] early voting polling place.
         SECTION 10.  Chapter 101, Election Code, is amended by
  adding Section 101.0041 to read as follows:
         Sec. 101.0041.  ACTION BY EARLY VOTING CLERK ON CERTAIN
  APPLICATIONS. The early voting clerk shall notify the voter
  registrar of a federal postcard application submitted by an
  applicant that states a voting residence address located outside
  the registrar's county.
         SECTION 11.  Subsection (a), Section 112.002, Election Code,
  is amended to read as follows:
         (a)  After changing residence to another county, a person is
  eligible to vote a limited ballot by personal appearance during the
  early voting period or by mail if:
               (1)  the person would have been eligible to vote in the
  county of former residence on election day if still residing in that
  county;
               (2)  the person is [was] registered to vote in the
  county of former residence at the time the person offers to vote in
  the county of new [when the voter changed] residence; and
               (3)  a voter registration for the person in the county
  of new residence is not effective on or before election day.
         SECTION 12.  Subchapter A, Chapter 125, Election Code, is
  amended by adding Section 125.010 to read as follows:
         Sec. 125.010.  PRESENCE OF VOTING SYSTEM TECHNICIAN
  AUTHORIZED. (a)  In this section, "voting system technician" means
  a person who as a vocation repairs, assembles, maintains, or
  operates voting system equipment.
         (b)  On the request of the authority holding the election, a
  voting system technician may be present at a polling place, a
  meeting of the early voting ballot board, or a central counting
  station for the purpose of repairing, assembling, maintaining, or
  operating voting system equipment.
         SECTION 13.  Subchapter B, Chapter 141, Election Code, is
  amended by adding Section 141.040 to read as follows:
         Sec. 141.040.  NOTICE OF DEADLINES. Not later than the 30th
  day before the first day on which a candidate may file an
  application for a place on the ballot under this subchapter, the
  authority with whom the application must be filed shall post notice
  of the dates of the filing period in a public place in a building in
  which the authority has an office.
         SECTION 14.  Subsection (a), Section 146.0301, Election
  Code, as amended by Chapters 1107 (H.B. 2309) and 1109 (H.B. 2339),
  Acts of the 79th Legislature, Regular Session, 2005, is reenacted
  to read as follows:
         (a)  A write-in candidate may not withdraw from the election
  after the 67th day before election day.
         SECTION 15.  Subsection (b), Section 172.116, Election Code,
  is amended to read as follows:
         (b)  The committee shall convene to conduct the local canvass
  at the county seat [not earlier than 6 p.m.] on the second Thursday
  [or later than 1 p.m. on the second Friday] after election day at
  the hour specified by the county chair.
         SECTION 16.  Section 172.120, Election Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  The state executive committee shall convene to conduct
  the state canvass for the general primary election not later than:
               (1)  [on] the second Sunday [Wednesday] after general
  primary election day, for an election in which three or more
  candidates are seeking election to the same office; or
               (2)  the 22nd day after general primary election day,
  for an election not described by Subdivision (1).
         (b-1)  Not later than the third [second] Saturday after
  runoff primary election day, the committee shall convene at the
  call of the state chair to conduct the state canvass of the runoff
  primary election.
         SECTION 17.  Section 192.031, Election Code, is amended to
  read as follows:
         Sec. 192.031.  PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON
  BALLOT. (a)  A political party is entitled to have the names of its
  nominees for president and vice-president of the United States
  placed on the ballot in a presidential general election if:
               (1)  the nominees possess the qualifications for those
  offices prescribed by federal law;
               (2)  [before 5 p.m. of the 70th day before presidential
  election day,] the party's state chair signs [and delivers to the
  secretary of state] a written certification of:
                     (A)  the names of the party's nominees for
  president and vice-president; and
                     (B)  the names and residence addresses of
  presidential elector candidates nominated by the party, in a number
  equal to the number of presidential electors that federal law
  allocates to this state; [and]
               (3)  the party's state chair delivers the written
  certification to the secretary of state before the later of:
                     (A)  5 p.m. of the 70th day before presidential
  election day; or
                     (B)  5 p.m. of the first business day after the
  date of final adjournment of the party's national presidential
  nominating convention; and
               (4)  the party is:
                     (A)  required or authorized by Subchapter A of
  Chapter 172 to make its nominations by primary election; or
                     (B)  entitled to have the names of its nominees
  placed on the general election ballot under Chapter 181.
         (b)  If the state chair's certification of the party's
  nominees is delivered by mail, it is considered to be delivered at
  the time of its receipt by the secretary of state.
         SECTION 18.  Subsection (b), Section 192.033, Election Code,
  is amended to read as follows:
         (b)  The [Not later than the 62nd day before presidential
  election day, the] secretary of state shall deliver the
  certification to the authority responsible for having the official
  ballot prepared in each county before the later of the 62nd day
  before presidential election day or the second business day after
  the date of final adjournment of the party's national presidential
  nominating convention.
         SECTION 19.  Subsection (a), Section 201.054, Election Code,
  is amended to read as follows:
         (a)  Except as provided by Subsection (f), a candidate's
  application for a place on a special election ballot must be filed
  not later than:
               (1)  5 p.m. of the 62nd [67th] day before election day,
  if election day is on or after the 70th day after the date the
  election is ordered;
               (2)  5 p.m. of the 31st day before election day, if
  election day is on or after the 36th day and before the 70th day
  after the date the election is ordered; or
               (3)  5 p.m. of a day fixed by the authority ordering the
  election, which day must be not earlier than the fifth day after the
  date the election is ordered and not later than the 20th day before
  election day, if election day is before the 36th day after the date
  the election is ordered.
         SECTION 20.  Section 212.112, Election Code, is amended to
  read as follows:
         Sec. 212.112.  AMOUNT OF DEPOSIT. The [(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)  $60 [five times the maximum hourly rate of pay for
  election judges,] for each [a] precinct in which[:
                     [(A)]  regular paper ballots were used; and
               (2)  $100 for each precinct in which an electronic
  voting system was used [(B)     electronic voting system ballots,
  other than 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 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].
         [(b)     In a recount of an election for which a majority vote is
  required for nomination or election to an office, the rate
  prescribed by Subsection (a)(1)(C) applies to each precinct in
  which a voting system was used, regardless of whether any write-in
  votes were cast in the precinct, if:
               [(1)     the original election results show that write-in
  votes were cast in the election; and
               [(2)     an exclusion of write-in votes from the recount
  is not obtained under Section 212.136.
         [(c)     If more than one method of voting is used for early
  voting, each additional method of voting used for the early voting
  shall be treated as constituting an additional precinct in
  determining the amount of a recount deposit for a recount of early
  voting votes.
         [(d)     The minimum amount of a deposit accompanying a petition
  for a recount is $50.]
         SECTION 21.  Subsections (b), (c), (d), (e), (f), (g), (h),
  and (i), Section 213.013, Election Code, are amended to read as
  follows:
         (b)  In a recount of an election on an office, each candidate
  for the office is entitled to be present at the recount and have
  watchers [representatives] present in the number corresponding to
  the number of counting teams designated for the recount. If only
  one counting team is designated or the recount is conducted on
  automatic tabulating equipment, each candidate is entitled to two
  watchers [representatives].
         (c)  In a recount of an election on an office for which a
  political party has a nominee or for which a candidate is aligned
  with a political party, the party is entitled to have watchers
  [representatives] present in the same number prescribed for
  candidates under Subsection (b).
         (d)  In a recount of an election on a measure, watchers
  [representatives] may be appointed by the campaign treasurer or
  assistant campaign treasurer of a specific-purpose political
  committee that supports or opposes the measure in the number
  corresponding to the number of counting teams designated for the
  recount. If only one counting team is designated or the recount is
  conducted on automatic tabulating equipment, each eligible
  specific-purpose political committee is entitled to two watchers
  [representatives].
         (e)  A watcher [representative] appointed to serve at a
  recount must deliver a certificate of appointment to the recount
  committee chair at the time the watcher [representative] reports
  for service. A watcher [representative] who presents himself or
  herself for service at any time immediately before or during the
  recount and submits a proper certificate of appointment must be
  accepted for service unless the number of appointees to which the
  appointing authority is entitled have already been accepted.
         (f)  The certificate must be in writing and must include:
               (1)  the printed name and the signature of the watcher
  [representative];
               (2)  the election subject to the recount;
               (3)  the time and place of the recount;
               (4)  the measure, candidate, or political party being
  represented;
               (5)  the signature and the printed name of the person
  making the appointment; and
               (6)  an indication of the capacity in which the
  appointing authority is acting.
         (g)  If the watcher [representative] is accepted for
  service, the recount committee chair shall keep the certificate and
  deliver it to the recount coordinator after the recount for
  preservation under Section 211.007. If the watcher
  [representative] is not accepted for service, the recount committee
  chair shall return the certificate to the watcher [representative]
  with a signed statement of the reason for the rejection.
         (h)  Each person entitled to be present at a recount is
  entitled to observe any activity conducted in connection with the
  recount. The person is entitled to sit or stand conveniently near
  the officers conducting the observed activity and near enough to an
  officer who is announcing the votes or examining or processing the
  ballots to verify that the ballots are counted or processed
  correctly or to an officer who is tallying the votes to verify that
  they are tallied correctly. Rules concerning a watcher's
  [representative's] rights, duties, and privileges are otherwise
  the same as those prescribed by this code for poll watchers to the
  extent they can be made applicable.
         (i)  No mechanical or electronic means of recording images or
  sound are allowed inside the room in which the recount is conducted,
  or in any hallway or corridor in the building in which the recount
  is conducted within 30 feet of the entrance to the room, while the
  recount is in progress. However, on request of a person entitled to
  appoint watchers [representatives] to serve at the recount, the
  recount committee chair shall permit the person to photocopy under
  the chair's supervision any ballot, including any supporting
  materials, challenged by the person or person's watcher
  [representative]. The person must pay a reasonable charge for
  making the copies and, if no photocopying equipment is available,
  may supply that equipment at the person's expense. The person shall
  provide a copy on request to another person entitled to appoint
  watchers [representatives] to serve at the recount.
         SECTION 22.  Section 213.016, Election Code, is amended to
  read as follows:
         Sec. 213.016.  PRINTING IMAGES OF BALLOTS CAST USING DIRECT
  RECORDING ELECTRONIC VOTING MACHINES. During any printing of
  images of ballots cast using direct recording electronic voting
  machines for the purpose of a recount, the full recount committee is
  not required to be present. The recount committee chair shall
  determine how many committee members must be present during the
  printing of the images. Each candidate is entitled to be present
  and to have representatives present during the printing of the
  images in the same number as [prescribed by] Section 213.013(b)
  prescribes for watchers for a recount [during the printing of the
  images].
         SECTION 23.  Subsection (b), Section 221.014, Election Code,
  is amended to read as follows:
         (b)  The county shall pay the expenses of a new election
  ordered in the contest of a local option election [held under the
  Alcoholic Beverage Code] that was financed from money deposited by
  the applicants for the petition requesting the election.
         SECTION 24.  Subsections (a), (b), and (c), Section 271.002,
  Election Code, are amended to read as follows:
         (a)  If the elections ordered by the authorities of two or
  more political subdivisions are to be held on the same day in all or
  part of the same county [territory], the governing bodies of the
  political subdivisions may enter into an agreement to hold the
  elections jointly in the election precincts that can be served by
  common polling places, subject to Section 271.003.
         (b)  If an election ordered by the governor and the elections
  ordered by the authorities of one or more political subdivisions
  are to be held on the same day in all or part of the same county
  [territory], the commissioners court of a county in which the
  election ordered by the governor is to be held and the governing
  bodies of the other political subdivisions may enter into an
  agreement to hold the elections jointly in the election precincts
  that can be served by common polling places, subject to Section
  271.003.
         (c)  If another law requires two or more political
  subdivisions to hold a joint election, the governing body of any
  other political subdivision holding an election on the same day in
  all or part of the same county [territory] in which the joint
  election is to be held may enter into an agreement to participate in
  the joint election with the governing bodies of the political
  subdivisions holding the joint election.
         SECTION 25.  Section 277.001, Election Code, is amended to
  read as follows:
         Sec. 277.001.  APPLICABILITY OF CHAPTER. This chapter
  applies to a petition authorized or required to be filed under a law
  outside this code in connection with an election[, except a
  petition for a local option election held under the Alcoholic
  Beverage Code].
         SECTION 26.  The following provisions of the Election Code
  are repealed:
               (1)  Section 1.016;
               (2)  Subsection (d), Section 32.051;
               (3)  Subsection (b), Section 33.031;
               (4)  Subsection (b), Section 41.0041; and
               (5)  Subsection (d), Section 65.002.
         SECTION 27.  The change in law made by the repeal of Section
  1.016, Election Code, by this Act does not affect the validity of a
  person's action taken before the effective date of this Act,
  including a person's registration to vote, if the person was
  qualified to take such action before the effective date of this Act.
         SECTION 28.  The changes in law made by this Act apply only
  to an election ordered on or after September 1, 2009.
         SECTION 29.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1970 passed the Senate on
  April 23, 2009, by the following vote:  Yeas 29, Nays 1;
  May 30, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 30, 2009, House
  granted request of the Senate; June 1, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1970 passed the House, with
  amendments, on May 27, 2009, by the following vote:  Yeas 148,
  Nays 0, one present not voting; May 30, 2009, House granted request
  of the Senate for appointment of Conference Committee;
  May 31, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 141, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor