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  84R5114 ATP-D
 
  By: Simmons H.B. No. 1288
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the elimination of straight-party voting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.011(c), Election Code, is amended to
  read as follows:
         (c)  The poster must include instructions applicable to the
  election on:
               (1)  marking and depositing the ballot;
               (2)  voting for a write-in candidate;
               (3)  [casting a straight-party vote;
               [(4)]  casting a provisional ballot;
               [(5)     until the expiration of Section 13.122(d), voting
  for the first time by a person who registered by mail;] and
               (4) [(6)]  securing an additional ballot if the voter's
  original ballot is spoiled.
         SECTION 2.  Section 65.011, Election Code, is amended to
  read as follows:
         Sec. 65.011.  OVERVOTING.  If [Except as provided by Section
  65.007(c) or (d), if] a voter marks the ballot for more candidates
  for an office than the number of persons to be elected for that
  office, none of the votes may be counted for that office.
         SECTION 3.  Section 105.002(c), Election Code, is amended to
  read as follows:
         (c)  The secretary of state shall prescribe the form of the
  ballot to allow a voter to cast a vote in each federal, state, or
  local race in the election. The ballot must allow a voter to write
  in the name of a candidate [or, if applicable, cast a straight-party
  vote].
         SECTION 4.  Section 122.001(a), Election Code, is amended to
  read as follows:
         (a)  A voting system may not be used in an election unless the
  system:
               (1)  preserves the secrecy of the ballot;
               (2)  is suitable for the purpose for which it is
  intended;
               (3)  operates safely, efficiently, and accurately and
  complies with the error rate standards of the voting system
  standards adopted by the Federal Election Commission;
               (4)  is safe from fraudulent or unauthorized
  manipulation;
               (5)  permits voting on all offices and measures to be
  voted on at the election;
               (6)  prevents counting votes on offices and measures on
  which the voter is not entitled to vote;
               (7)  prevents counting votes by the same voter for more
  than one candidate for the same office or, in elections in which a
  voter is entitled to vote for more than one candidate for the same
  office, prevents counting votes for more than the number of
  candidates for which the voter is entitled to vote;
               (8)  prevents counting a vote on the same office or
  measure more than once;
               (9)  permits write-in voting; and
               (10)  [is capable of permitting straight-party voting;
  and
               [(11)]  is capable of providing records from which the
  operation of the voting system may be audited.
         SECTION 5.  Section 129.023(c), Election Code, is amended to
  read as follows:
         (c)  The general custodian of election records shall adopt
  procedures for testing that:
               (1)  direct the testing board to cast votes;
               (2)  verify that each contest position, as well as each
  precinct and ballot style, on the ballot can be voted and is
  accurately counted;
               (3)  include overvotes and undervotes for each race, if
  applicable to the system being tested;
               (4)  [include straight-party votes and crossover
  votes;
               [(5)]  include write-in votes, when applicable to the
  election;
               (5) [(6)]  include provisional votes, if applicable to
  the system being tested;
               (6) [(7)]  calculate the expected results from the test
  ballots;
               (7) [(8)]  ensure that each voting machine has any
  public counter reset to zero and presented to the testing board for
  verification before testing;
               (8) [(9)]  require that, for each feature of the system
  that allows disabled voters to cast a ballot, at least one vote be
  cast and verified by a two-person testing board team using that
  feature; and
               (9) [(10)]  require that, when all votes are cast, the
  general custodian of election records and the testing board observe
  the tabulation of all ballots and compare the actual results to the
  expected results.
         SECTION 6.  Sections 1.005(20), 52.071, 64.004, 65.007,
  122.001(b), 124.001, 124.003(d), 124.063(d), and 232.050(d),
  Election Code, are repealed.
         SECTION 7.  This Act takes effect September 1, 2015.