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AN ACT
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relating to the period for preserving precinct election records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.058, Election Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (b-1) |
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to read as follows: |
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(b) For a period of at least 60 days after the date of the |
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election, the [The] voted ballots shall be preserved securely in a |
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locked room in the locked ballot box in which they are delivered to |
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the general custodian of election records. On the 61st day after |
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election day, the general custodian of election records may: |
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(1) require a person who has possession of a key that |
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operates the lock on a ballot box containing voted ballots to return |
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the key to the custodian; and |
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(2) unlock the ballot box and transfer the voted |
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ballots to another secure container for the remainder of the |
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preservation period. |
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(b-1) Except as permitted by this code, a ballot box or other |
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secure container containing voted ballots may not be opened during |
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the preservation period. |
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(c) If during the preservation period an authorized entry is |
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made into a ballot box or other secure container containing voted |
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ballots, when the purpose for the entry is fulfilled, the box or |
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container shall be relocked or resecured, and the box and key or |
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secure container returned to the custodian. |
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(d) A custodian of a ballot box or secure container |
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containing voted ballots commits an offense if, during the |
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preservation period prescribed by Subsection (a), the custodian: |
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(1) makes an unauthorized entry into the box or |
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container; or |
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(2) fails to prevent another person from handling the |
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box or container in an unauthorized manner or from making an |
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unauthorized entry into the box or container. |
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SECTION 2. Section 66.058(g), Election Code, is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1446 was passed by the House on April |
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5, 2007, by the following vote: Yeas 137, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1446 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |