HB4842 - Relating to the conduct and administration of elections.

  89R15849 MPF-D     By: Swanson H.B. No. 4842       A BILL TO BE ENTITLED   AN ACT   relating to the conduct and administration of elections.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.012, Election Code, is amended by   adding Subsections (i) and (j) to read as follows:           (i)     Notwithstanding Chapter 552, Government Code, any   information on a ballot that relates to the specific polling place   at which the voter cast the ballot is confidential and not subject   to disclosure under that chapter.           (j)     A county election official may withhold information   described by Subsection (i) without requesting a decision from the   attorney general under Subchapter G, Chapter 552, Government Code.          SECTION 2.  Section 32.053(b), Election Code, is amended to   read as follows:          (b)  This section does not apply to[ :                [ (1) ]  a county clerk[ ; or                [ (2)     a precinct chair declared elected under Section   171.0221 ].          SECTION 3.  Sections 42.0051(a) and (c), Election Code, are   amended to read as follows:          (a)   Notwithstanding Section 43.005, a commissioner's court   may combine county election precincts for a general or special   election [ This section applies only to a county with a population of   less than 1.2 million that does not participate in the countywide   polling place program described by Section 43.007 ].          (c)  A combined precinct under this section may not contain   less than 2,000 registered voters or more than 5,000 [ 10,000 ]   registered voters.          SECTION 4.  Section 43.007(a), Election Code, is amended to   read as follows:          (a)  The secretary of state shall implement a program to   allow each commissioners court participating in the program to   [ eliminate county election precinct polling places and ] establish   countywide polling places at each county election precinct 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).          SECTION 5.  Section 65.014(c), Election Code, is amended to   read as follows:          (c)  The returns shall be prepared as an original and three   copies, and on completing the returns, the presiding judge shall :                 (1)     complete a reconciliation of the number of voters   and the number of votes cast; and                 (2)   sign each return [ one ] to certify its accuracy.          SECTION 6.  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 write-in votes, when applicable to the   election;                (5)  include provisional votes, if applicable to the   system being tested;                (6)  calculate the expected results from the test   ballots;                (7)  ensure that each voting machine has any public   counter reset to zero and presented to the testing board for   verification before testing;                (8)  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)  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 ; and                 (10)     verify that, for an election in which a poll list   in the form of an electronic device is used, the precinct and ballot   style associated with each voter on the poll list matches the   precinct and ballot style provided to the voter .          SECTION 7.  Sections 171.022(a) and (b), Election Code, are   amended to read as follows:          (a)  A county executive committee consists of:                (1)  a county chair, who is the presiding officer,   elected at the general primary election by majority vote of the   qualified voters of the county who vote in the primary on that   office or appointed by the county executive committee as provided   by this subchapter; and                (2)  a precinct chair from each county election   precinct, elected using hand-marked paper ballots at the political   party's convention or other party meeting and as otherwise provided   by party rule [ at the general primary by majority vote of the   qualified voters of the precinct who vote in the primary on that   office, subject to Section 171.0221 ], or appointed by the county   executive committee as provided by this subchapter.          (b)  Except as provided by Subsection (d), if no candidate   for county chair receives a majority of the votes, a runoff to   determine the chair [ office ] is conducted in the same manner as a   runoff primary election to determine a nomination for public   office.  The candidates to be in a runoff are determined in the same   manner as candidates in a runoff for a nomination.          SECTION 8.  Section 171.0231, Election Code, is amended to   read as follows:          Sec. 171.0231.  WRITE-IN CANDIDATE FOR COUNTY CHAIR [ OR   PRECINCT CHAIR ].  (a)  Write-in candidates are not permitted for   county chair [ or precinct chair ] unless a county executive   committee authorizes write-in candidates.          (b)  If the county executive committee authorizes write-in   candidates:                (1)  a write-in vote for the office of county chair or   precinct chair may not be counted unless the name written in appears   on the list of write-in candidates;                (2)  to be entitled to a place on the list of write-in   candidates, a candidate must make a declaration of write-in   candidacy;                (3)  a declaration of write-in candidacy must be filed   with the authority with whom an application for a place on the   ballot is required to be filed for the office;                (4)  a declaration of write-in candidacy must be filed   not later than 6 p.m. of the fifth day after the date of the filing   deadline for the general primary election;                (5)  with the appropriate modifications and to the   extent practicable, Subchapter B, Chapter 146, applies to write-in   voting for the office of county chair [ or precinct chair ]; and                (6)  the secretary of state shall prescribe any   procedures necessary to implement this subsection.          SECTION 9.  Section 171.028(a), Election Code, is amended to   read as follows:          (a)  Not later than the 30th day after the date the term of   office of a new county chair begins, the person formerly serving as   the county chair shall transfer to the new county chair:                (1)  local party bank accounts over which the former   county chair has authority; and                (2)  the following original records that are in the   possession of the former county chair:                      (A)  [ precinct chair and ] county chair canvass   results;                      (B)  candidate applications;                      (C)  paperwork related to the primary election;   and                      (D)  other documents concerning party affairs.          SECTION 10.  Section 172.023(b), Election Code, is amended   to read as follows:          (b)  An application[ , other than an application for the   office of precinct chair, ] may not be filed earlier than the 30th   day before the date of the regular filing deadline.  [ An application   for the office of precinct chair may not be filed earlier than the   90th day before the date of the regular filing deadline. ]          SECTION 11.  Section 172.061, Election Code, is amended to   read as follows:          Sec. 172.061.  CANDIDATE FOR PARTY OFFICE.  (a)  Except for   Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter   applies to a candidate for county chair [ or precinct chair ].          (b)  If a runoff candidate for county chair [ or precinct   chair ] withdraws, the remaining candidate is considered to be   elected and the runoff election for that office is not held.          SECTION 12.  Section 172.089, Election Code, is amended to   read as follows:          Sec. 172.089.  ORDER OF PARTY OFFICES ON BALLOT.  The party   office [ offices ] of county chair [ and precinct chair ] shall be   listed on the primary election ballot after the public offices   [ with the office of county chair listed first ].          SECTION 13.  The following provi [Text truncated for display. 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