82R2345 JRJ-D
 
  By: Duncan S.B. No. 1355
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing for countywide polling places as an
  alternative election system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.007, Election Code, is amended to
  read as follows:
         Sec. 43.007.  COUNTYWIDE POLLING PLACE; ALTERNATIVE
  ELECTION SYSTEM [PROGRAM]. (a)  A county may conduct its elections
  under this section as an alternative to the general election
  provisions of this chapter.
         (b)  The secretary of state shall establish rules for
  counties [implement a program] to allow a [each] commissioners
  court [participating in the program] to eliminate county election
  precinct polling places and establish countywide polling places
  for:
               (1)  each general election for state and county
  officers;
               (2)  each countywide election held on the uniform
  election date in May;
               (3)  each election on a proposed constitutional
  amendment; and
               (4)  each election of a political subdivision located
  in the county that is held jointly with an election described by
  Subdivision (1), (2), or (3).
         (c) [(b)]  The commissioners court of a county that desires
  to use countywide polling places as an alternative election system
  [participate in the program authorized by this section] shall hold
  a public hearing on the proposed election system change [county's
  participation in the program].  The county shall make a reasonable
  effort to provide notice of the hearing to other political
  subdivisions within the jurisdiction of the county [commissioners
  court shall submit a transcript or electronic recording of the
  public comments made at the hearing to the secretary of state].  A
  county that has previously used countywide polling places as an
  alternative election system [participated in a similar program] and
  held a public hearing on the county's use of that system 
  [participation in that program] is not required to hold a hearing
  under this subsection.
         (d)  The [(c)  In conducting the program, the] secretary of
  state shall provide for an audit of the direct recording electronic
  voting units before and after the election, and during the election
  to the extent such an audit is practicable.
         (e) [(d)]  The secretary of state by rule shall require a
  [select to participate in the program each] county that desires to
  use countywide polling places as an alternative election system to:
               (1)  implement [has held a public hearing under
  Subsection (b);
               [(2)     has submitted documentation listing the steps
  taken to solicit input on participating in the program by
  organizations or persons who represent the interests of voters;
               [(3)  has implemented] a computerized voter
  registration list that allows an election officer at the polling
  place to verify that a voter has not previously voted in the
  election;
               (2)  use [(4)  uses] direct recording electronic voting
  machines or other state-certified voting equipment that has the
  appropriate capabilities to permit the use of countywide polling
  places; and
               (3)  document that the county possesses [(5)   is
  determined by the secretary of state to have] the appropriate
  technological capabilities as determined by the secretary of state.
         (f) [(e)]  Each countywide polling place must allow a voter
  to vote in the same elections in which the voter would be entitled
  to vote in the county election precinct in which the voter resides.
         (g) [(f)]  In selecting countywide polling places, a county
  must adopt a methodology for determining where each polling place
  will be located.  The total number of countywide polling places may
  not be less than [:
               [(1)  except as provided by Subdivision (2),] 50
  percent of the number of precinct polling places that would
  otherwise be located in the county for that election [; or
               [(2)     for an election held in the first year in which
  the county participates in the program, 65 percent of the number of
  precinct polling places that would otherwise be located in the
  county for that election].
         (h) [(g)]  A county opting to use countywide polling places
  as an alternative election system for the first time [participating
  in the program] must establish a plan to provide notice informing
  voters of the changes made to the locations of polling places under
  the system [program].  The plan must require that notice of the
  location of the nearest countywide polling place be posted on
  election day at each polling place used in the previous general
  election for state and county officers that is not used as a
  countywide polling place.
         (i) [(h)]  In adopting a methodology under Subsection (g)
  [(f)] or creating the plan under Subsection (h) [(g)], the county
  shall solicit input from organizations or persons located within
  the county who represent minority voters.
         [(i)     The secretary of state may only select to participate
  in the program three counties with a population of 100,000 or more
  and two counties with a population of less than 100,000.
         [(j)     Not later than January 1 of each odd-numbered year, the
  secretary of state shall file a report with the legislature.   The
  report must include any complaints or concerns regarding a specific
  election that have been filed with the office of the secretary of
  state before the preparation of the report and any available
  information about voter turnout and waiting times at the polling
  places.   The report may include the secretary of state's
  recommendations on the future use of countywide polling places and
  suggestions for statutory amendment regarding the use of countywide
  polling places.]
         SECTION 2.  This Act takes effect September 1, 2011.