SB2753 - Relating to the integration of early voting by personal appearance and election day voting, including the manner in which election returns are processed and other related changes.

      S.B. No. 2753         AN ACT   relating to the integration of early voting by personal appearance   and election day voting, including the manner in which election   returns are processed and other related changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.004(d), Election Code, is amended to   read as follows:          (d)  If early voting by personal appearance is required to be   conducted for extended hours under Section 85.005(c) [ or for   weekend hours under Section 85.006(e) ], the registrar's office   shall remain open for providing voter registration information   during the extended hours [ or weekend hours ] that the main early   voting polling place is open for voting.          SECTION 2.  Section 19.004(a), Election Code, is amended to   read as follows:          (a)  Except as provided by Subsection (d), state funds   disbursed under this chapter may be used only to:                (1)  defray expenses of the registrar's office in   connection with voter registration, including additional expenses   related to:                      (A)  implementation of the National Voter   Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);                      (B)  complying with weekly updating requirements;   and                      (C)  the employment of temporary voter   registration personnel for not more than 39 weeks in a state fiscal   year; and                (2)  if the registrar's county has a population of less   than 55,000, defray the cost to the registrar's county of keeping   the polling places in the county open during the early voting period   as required under Section [ Sections ] 85.005(c)[ , 85.006(e), and   85.064(d) ].          SECTION 3.  Section 42.0051, Election Code, is amended to   read as follows:          Sec. 42.0051.  COMBINING CERTAIN PRECINCTS. (a)   If changes   in county election precinct boundaries to give effect to a   redistricting plan result in county election precincts with fewer   than 3,000 registered voters, a commissioners court for a general   or special election, or for a primary election, the county   executive committee of a political party conducting a primary   election, may combine county election precincts notwithstanding   Section 42.005 to avoid unreasonable expenditures for election   equipment, supplies, and personnel [ 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 ].           (b)     A combined precinct under Subsection (a) is subject to   the maximum population prescribed for a precinct under Section   42.006.           (c)  [ (a-1) ]  In a county that does not participate in the   countywide polling place program described by Section 43.007, for a   general or special election for which use of county election   precincts is required, the commissioner's court [ may, ] on the   recommendation of the county election board, or for a primary   election for which use of county election precincts is required,   the county executive committee of a political party conducting the   primary election, may combine county election precincts   notwithstanding Section 42.005 if:                (1)  the commissioners court cannot secure a suitable   polling place location under Section 43.031; and                (2)  the location of the combined polling place   adequately serves the voters of the combined precinct.           (d)  [ (c) ]  A combined precinct under Subsection (c) [ this   section ] may not contain more than 10,000 registered voters.           (e)  [ (d) ]  A combined precinct may not be established if it:                (1)  results in a dilution of voting strength of a group   covered by the federal Voting Rights Act (42 U.S.C. Section 1973c et   seq.);                (2)  results in a dilution of representation of a group   covered by the Voting Rights Act in any political or electoral   process or procedure; or                (3)  results in discouraging participation by a group   covered by the Voting Rights Act in any political or electoral   process or procedure because of the location of a polling place or   other factors.           (f)     For the purposes of appointing a presiding election   judge and an alternate presiding judge to a county election   precinct combined under this section, the combined precinct shall   be considered a single precinct and the judges shall be appointed in   accordance with the procedures provided under Chapter 32.          SECTION 4.  Subchapter A, Chapter 43, Election Code, is   amended by adding Section 43.0015 to read as follows:           Sec.   43.0015.     DESIGNATION OF LOCATION: USE OF EARLY VOTING   POLLING PLACE ON ELECTION DAY.   The authority responsible for   designating polling places under this subchapter shall, at a   minimum, designate as locations for polling places on election day:                 (1)     the location designated as the main early voting   polling place under Section 85.002;                 (2)     each location designated as a permanent branch   polling place under Section 85.061; and                 (3)     each location designated as a temporary branch   polling place under Section 85.062.          SECTION 5.  Section 61.002(a), Election Code, is amended to   read as follows:          (a)  Immediately before opening the polls for voting on the   first day of voting at a polling place during early voting or [ and ]   on election day, the presiding election judge or alternate election   judge shall confirm that each voting machine has any public counter   reset to zero and shall print the tape that shows the counter was   set to zero for each candidate or measure on the ballot.          SECTION 6.  Section 62.005, Election Code, is amended to   read as follows:          Sec. 62.005.  EXAMINING BALLOT BOXES.   On the first day of   voting at a polling place during early voting or on election day, an     [ An ] election officer shall open and examine the ballot boxes and   remove any contents from the boxes.          SECTION 7.  Section 65.002(a), Election Code, is amended to   read as follows:          (a)  Subject to Subsection (b), the presiding judge may   direct the counting of ballots to occur on election day at any time   after the polls have been open for one hour.          SECTION 8.  Section 65.014(b), Election Code, is amended to   read as follows:          (b)  The returns must state:                (1)  the total number of voters who voted at the polling   place during early voting by personal appearance and on election   day as indicated by the poll list; and                (2)  the total number of votes counted for each   candidate and for and against each measure.          SECTION 9.  Sections 65.016(a) and (b), Election Code, are   amended to read as follows:          (a)  A county that holds or provides election services for an   election and maintains an Internet website shall post on its public   Internet website for an election of public officials or of a   governmental entity authorized by law to impose a tax administered   by the county:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)   the total number of votes cast for each candidate   or for or against each measure at each polling location;                 (5)   the total number of votes cast by personal   appearance [ on election day ];                 (6)  [ (5) ]  the total number of votes cast by personal   appearance or mail [ during the early voting period ]; and                 (7)  [ (6) ]  the total number of counted and uncounted   provisional ballots cast.          (b)  A city or independent school district that holds an   election and maintains an Internet website shall post on its public   Internet website for the city or independent school district, as   applicable:                (1)  the results of each election;                (2)  the total number of votes cast;                (3)  the total number of votes cast for each candidate   or for or against each measure;                (4)   the total number of votes cast for each candidate   or for or against each measure at each polling location;                 (5)   the total number of votes cast by personal   appearance [ on election day ];                 (6)  [ (5) ]  the total number of votes cast by [ personal   appearance or ] mail [ during the early voting period ]; and                 (7)  [ (6) ]  the total number of counted and uncounted   provisional ballots cast.          SECTION 10.  The heading to Section 66.0021, Election Code,   is amended to read as follows:          Sec. 66.0021.  [ ELECTION DAY ] VOTE TOTAL FOR CERTAIN   ELECTIONS.          SECTION 11.  Section 66.0021(b), Election Code, is amended   to read as follows:          (b)  The general custodian of election records for a primary   election or the general election for state and county officers   shall maintain a list that states the total number of votes cast in   each precinct by personal appearance [ on election day ] that is   available for public inspection not later than the day after   election day.          SECTION 12.  Sections 67.004(b) and (b-1), Election Code,   are amended to read as follows:          (b)  The canvassing authority shall prepare a tabulation   stating for each candidate and for and against each measure:                (1)  the total number of votes received in each   precinct; [ and ]                (2)   the total number of votes received in each polling   location; and                 (3)   the sum of the precinct totals tabulated under   Subdivision (1).          (b-1)  The tabulation in Subsection (b) must also include for   each precinct and for each polling locati [Text truncated for display. 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