HB4541 - Relating to the location of polling places during early voting and on election day.

      By: Toth H.B. No. 4541       A BILL TO BE ENTITLED   AN ACT   relating to the location of polling places during early voting and   on election day.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.005, Election Code, is amended by   adding Subdivision (21-a) to read as follows:                 (21-a)     "Voting center" means a polling place created   under Section 42.0052.          SECTION 2.  Section 4.003(b), Election Code, is amended to   read as follows:          (b)  In addition to any other notice given for an election   under Subsection (a), not later than the 21st day before election   day, a county shall post a copy of a notice of the election given by   the county or provided to the county under Section 4.008(a), which   must include the location of each polling place, on the county's   Internet website, if the county maintains a website.   For each   voting center created under Section 42.0052, the notice must   include the location of the voting center and the precincts   assigned to that voting center.   An authority responsible for   giving notice of an election may post a copy of the notice on the   bulletin board used for posting notices of the meetings of the   governing body of the political subdivision that the authority   serves.  If a county does not maintain a website, the authority   responsible for giving notice of the election shall post a copy of a   notice of the election on the bulletin board used for posting   notices of the meetings of the governing body of the political   subdivision that the authority serves.  [ For each precinct that is   combined to form a consolidated precinct under Section 42.008, not   later than the 10th day before election day, the authority shall   also post, at the polling place used in the preceding general   election, notice of the precinct's consolidation and the location   of the polling place in the consolidated precinct. ]  A notice posted   under this subsection must remain posted continuously through   election day.          SECTION 3.  Section 4.004(d), Election Code, is amended to   read as follows:          (d)  If precincts are assigned to a voting center   [ consolidated ] under Section 42.0052 [ 42.008 ], the notice must   state which precincts have been assigned [ combined ] to [ form ] each   voting center [ consolidated precinct ] in addition to the locations   of the voting centers [ polling places in the consolidated   precincts ].          SECTION 4.  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 [ participates in the countywide   polling 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 under the countywide polling 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 5.  Section 32.003, Election Code, is amended to   read as follows:          Sec. 32.003.  JUDGES FOR VOTING CENTER [ CONSOLIDATED COUNTY   ELECTION PRECINCTS ].  If election precincts are assigned to a   voting center [ consolidated in a special election in which the   regular county election precincts are required to be used ], the   commissioners court shall appoint the election judges to serve in   each voting center [ consolidated precinct ] from among the judges   appointed for the precincts assigned to the voting center   [ comprising the consolidated precinct ].          SECTION 6.  Section 32.0511(d), Election Code, is amended to   read as follows:          (d)  Not more than two student election clerks may serve at a   polling place[ , except that not more than four student election   clerks may serve at any countywide polling place ].          SECTION 7.  Section 42.002(b), Election Code, is amended to   read as follows:          (b)  Except as provided by Section 42.0052 [ Sections 42.008   and 42.009 ], county election precincts may not be combined or   consolidated for an election.          SECTION 8.  Section 42.005(a), Election Code, is amended to   read as follows:          (a)  A county election precinct[ , including a consolidated   precinct, ] may not contain territory from more than one of each of   the following types of territorial units:                (1)  a commissioners precinct;                (2)  a justice precinct;                (3)  a congressional district;                (4)  a state representative district;                (5)  a state senatorial district; or                (6)  a State Board of Education district.          SECTION 9.  Subchapter A, Chapter 42, Election Code, is   amended by adding Section 42.0052 to read as follows:           Sec.   42.0052.     VOTING CENTERS. (a)   The commissioners court   may create one or more voting centers in the county.   Except as   provided by this section, a voting center is a polling place and is   subject to all laws applicable to a polling place.           (b)     The commissioners court may assign one or more election   precincts to a voting center.   A precinct that is assigned to a   voting center may not operate a separate polling place for the   precinct.           (c)     Election precincts assigned to a voting center may not   serve a total of more than 5,000 registered voters.           (d)     If the commissioners court creates more than one voting   center, the number of voters served by the smallest voting center in   the county may not be less than 95 percent of the number of voters   served by the largest voting center in the county.          SECTION 10.  Section 42.006(a), Election Code, is amended to   read as follows:          (a)   A [ Except as provided by this section and Section   42.0051, a ] county election precinct must contain at least 100 but   not more than 5,000 registered voters.          SECTION 11.  Section 43.002(b), Election Code, is amended to   read as follows:          (b)  If county election precincts are assigned to a voting   center under Section 42.0052 [ consolidated ], the commissioners   court shall designate the location of the voting center [ polling   place for the consolidated precinct ].          SECTION 12.  Section 43.003, Election Code, is amended to   read as follows:          Sec. 43.003.  DESIGNATION OF LOCATION: PRIMARY ELECTION.   The county chair of a political party holding a primary election   shall designate the location of the polling place for each election   precinct in the primary unless the precinct is one that is assigned   to a voting center under Section 42.0052 [ consolidated ].  In that   case, the county executive committee shall designate the location   of the voting center .          SECTION 13.  Section 85.061(b), Election Code, is amended to   read as follows:          (b)   The [ In an election in which a temporary branch polling   place is established under Section 85.062(a)(1) or (d), the ]   commissioners court may provide by resolution, order, or other   official action that any one or more of the county clerk's regularly   maintained branch clerical offices are not to be branch early   voting polling places in the election.          SECTION 14.  Section 85.062(a), Election Code, is amended to   read as follows:          (a)   Early [ Except as provided by Subsection (d) or (e), one   or more early ] voting polling places other than the main early   voting polling place shall [ may ] be established at each location   where voting will take place on election day by:                (1)  the commissioners court, for an election in which   the county clerk is the early voting clerk; or                (2)  the governing body of the political subdivision   served by the authority ordering the election, for an election in   which a person other than the county clerk is the early voting   clerk.          SECTION 15.  Section 172.1112(a), Election Code, is amended   to read as follows:          (a)  The county clerk shall post a notice of the election and   a notice of voting center locations [ consolidated precincts ], if   applicable, in the manner prescribed by Section 4.003(b) for   general and special elections.  The notice of the election shall be   posted on the county's Internet website, if the county maintains a   website.  If the county does not maintain a website, the notice   shall be posted on the bulletin board used for posting notice of   meetings of the commissioners court.          SECTION 16.  Sections 172.126(b) and (c), Election Code, are   amended to read as follows:          (b)  The county clerk shall determine whether to assign   [ consolidate ] election precincts to a voting center under Section   42.0052 [ 42.009 ] and shall designate the locati [Text truncated for display. 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