HB4246 - Relating to authorizing counties to conduct elections using countywide polling.

  89R13378 JDK-D     By: Reynolds H.B. No. 4246       A BILL TO BE ENTITLED   AN ACT   relating to authorizing counties to conduct elections using   countywide polling.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 31.014(a) and (c), Election Code, are   amended to read as follows:          (a)  The secretary of state shall prescribe specific   requirements and standards, consistent with this code, for the   certification of an electronic device used to accept voters under   Chapter 63 that require the device to:                (1)  produce an electronic copy of the list of voters   who were accepted to vote for delivery to the election judge after   the polls close;                (2)  display the voter's original signature in   accordance with Section 63.002;                (3)  accept a voter for voting even when the device is   off-line;                (4)  provide the full list of voters registered in the   county with an indication of the jurisdictional or distinguishing   number for each territorial unit in which each voter resides;                (5)  time-stamp when each voter is accepted at a   polling place, including the voter's unique identifier;                (6)  if the county establishes [ participates in the ]   countywide polling places [ place program ] under Section 43.007 or   has more than one early voting polling place, transmit a time stamp   when each voter is accepted, including the voter's unique   identifier, to all polling place locations;                (7)  time-stamp the receipt of a transmission under   Subdivision (6); and                (8)  produce in an electronic format compatible with   the statewide voter registration list under Section 18.061 data for   retention and transfer that includes:                      (A)  the polling location in which the device was   used;                      (B)  the dated time stamp under Subdivision (5);   and                      (C)  the dated time stamp under Subdivision (7).          (c)  The secretary of state shall adopt rules that require a   device described by this section used during the early voting   period or in a county that establishes [ under the ] countywide   polling places [ place program ] under Section 43.007 to update data   in real time.  If a county uses a device that does not comply with   the rule in two consecutive general elections for state and county   officers, the secretary of state shall assess a noncompliance fee.   The noncompliance fee shall be set at an amount determined by   secretary of state rule.          SECTION 2.  Section 42.0051(a), Election Code, is amended to   read as follows:          (a)  This section applies only to a county with a population   of less than 1.2 million that does not establish [ participate in   the ] countywide polling places [ place program ] described by Section   43.007.          SECTION 3.  The heading to Section 43.007, Election Code, is   amended to read as follows:          Sec. 43.007.  COUNTYWIDE POLLING PLACES [ PLACE PROGRAM ].            SECTION 4.  Sections 43.007(a), (f), and (g), Election Code,   are amended to read as follows:          (a)   Each [ The secretary of state shall implement a program   to allow each ] commissioners court may [ participating in the   program to ] eliminate county election precinct polling places and   establish countywide polling places for:                (1)  any election required to be conducted by the   county;                (2)  any election held as part of a joint election   agreement with a county under Chapter 271;                (3)  any election held under contract for election   services with a county under Subchapter D, Chapter 31;                (4)  each primary election and runoff primary election   if:                      (A)  the county chair or county executive   committee of each political party participating in a joint primary   election under Section 172.126 agrees to the use of countywide   polling places; or                      (B)  the county chair or county executive   committee of each political party required to nominate candidates   by primary election agrees to use the same countywide polling   places; and                (5)  each election of a political subdivision located   in the county that is held jointly with an election described by   Subdivision (3) or (4).          (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 establishes countywide polling places under this section   [ participates in the program ], 65 percent of the number of precinct   polling places that would otherwise be located in the county for   that election.          (g)  A county that uses countywide polling places under this   section [ 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 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.          SECTION 5.  Sections 43.007(b), (c), (d), (i), (j), (k), and   (l), Election Code, are repealed.          SECTION 6.  This Act takes effect September 1, 2025.