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A BILL TO BE ENTITLED
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AN ACT
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relating to public availability of election records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.012, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) An election record shall be available not later than the |
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15th day after election day in an electronic format for a fee of not |
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more than $50. |
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SECTION 2. Subchapter A, Chapter 66, Election Code, is |
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amended by adding Section 66.0021 to read as follows: |
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Sec. 66.0021. ELECTION DAY VOTE TOTAL. (a) The general |
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custodian of election records shall maintain a list that states the |
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total number of votes cast in each precinct by personal appearance |
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on election day that is available for public inspection not later |
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than the day after election day. |
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(b) Each vote total shall be maintained in a downloadable |
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format approved by the secretary of state and posted on the Internet |
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website of the secretary of state. |
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(c) The secretary of state shall create a system for an |
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authority ordering an election to provide the information to the |
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secretary of state for posting on the secretary of state's Internet |
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website under Subsection (b). |
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SECTION 3. Section 87.121, Election Code, is amended by |
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amending Subsections (c), (d), (g), and (h) and adding Subsection |
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(i) to read as follows: |
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(c) Each roster shall be updated at the end of each day to |
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include the information relating to the total number of persons who |
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voted early by personal appearance on that day and the total number |
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of ballots voted early by mail received on that day [daily]. |
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(d) Each roster shall [may] be maintained in a downloadable |
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format [any form] approved by the secretary of state that is capable |
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of being posted on the Internet website of the secretary of state as |
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provided by Subsection (i). |
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(g) Information on the roster for a person who votes an |
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early voting ballot by personal appearance shall be made available |
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for public inspection in person and on the Internet website of the |
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secretary of state not later than the beginning of regular business |
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hours on the day after the date the information is entered on the |
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roster under Subsection (c). |
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(h) Information on the roster for a person who votes an |
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early voting ballot by mail shall be made available for public |
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inspection in person and on the Internet website of the secretary of |
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state not later than the day following the day the early voting |
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clerk receives a ballot voted by mail. |
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(i) The secretary of state shall create a system for an |
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authority ordering an election to provide the information to the |
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secretary of state for posting on the secretary of state's Internet |
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website under Subsections (g) and (h). |
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SECTION 4. Sections 232.008(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (c), a contestant must |
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file the petition not later than the later of the 30th day after the |
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date the election records are publicly available under Section |
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1.012 or the official result of the contested election is |
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determined. |
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(c) A contestant must file the petition not later than the |
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later of the 10th day after the date the election records are |
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publicly available under Section 1.012 or the official result is |
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determined in a contest of: |
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(1) a primary or runoff primary election; or |
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(2) a general or special election for which a runoff is |
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necessary according to the official result or will be necessary if |
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the contestant prevails. |
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SECTION 5. Section 233.006(b), Election Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 233.014, the contestant |
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must file the petition not later than the later of the 30th day |
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after the date the election records are publicly available under |
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Section 1.012 or the official result of the contested election is |
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determined. |
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SECTION 6. Section 241.003(b), Election Code, is amended to |
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read as follows: |
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(b) The contestant must file the petition with the secretary |
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of state not later than the later of the seventh day after the date |
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the election records are publicly available under Section 1.012 or |
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the official result of the contested election is determined. The |
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contestant must deliver a copy of the petition to the contestee by |
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the same deadline. |
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SECTION 7. Section 243.003(b), Election Code, is amended to |
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read as follows: |
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(b) The contestant must file the petition with the secretary |
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of state not later than the later of the 10th day after the date the |
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election records are publicly available under Section 1.012 or the |
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official result of the contested election is determined. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the secretary of state shall create the system required |
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by Sections 66.0021(c) and 87.121(i), Election Code, as added by |
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this Act. |
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SECTION 9. This Act takes effect September 1, 2019. |