87(R) HB 49 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing straight-party voting. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Section 1.005, Election Code, is amended by |
 
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adding Subdivision (20) to read as follows: |
 
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                         (20)    "Straight-party vote" means a vote by a single |
 
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mark, punch, or other action by the voter for all the nominees of |
 
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one political party and for no other candidates. |
 
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             SECTION  2.    Section 31.012(a), Election Code, is amended to |
 
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read as follows: |
 
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             (a)    The secretary of state and the voter registrar of each |
 
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county that maintains a website shall provide notice of the |
 
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identification requirements for voting prescribed by Chapter 63 |
 
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[and that straight ticket voting has been eliminated pursuant to |
 
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H.B. 25, Acts of the 85th Legislature, Regular Session, 2017] on |
 
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each entity's respective website in each language in which voter |
 
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registration [and election] materials are available. The secretary |
 
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of state shall prescribe the wording of the notice to be included on |
 
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the websites. |
 
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             SECTION  3.    Subchapter C, Chapter 52, Election Code, is |
 
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amended by adding Section 52.071 to read as follows: |
 
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             Sec.  52.071.    VOTING SQUARE AND INSTRUCTION FOR |
 
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STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column |
 
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appears, a square larger than the square prescribed by Section |
 
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52.070(a) shall be printed to the left of each political party's |
 
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name. |
 
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             (b)    The following instruction shall be added to the |
 
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instruction required by Section 52.070(b): "You may cast a |
 
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straight-party vote (that is, cast a vote for all the nominees of |
 
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one party) by placing an 'X' in the square beside the name of the |
 
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party of your choice. If you cast a straight-party vote for all the |
 
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nominees of one party and also cast a vote for an opponent of one of |
 
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that party's nominees, your vote for the opponent will be counted as |
 
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well as your vote for all the other nominees of the party for which |
 
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the straight-party vote was cast." |
 
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             SECTION  4.    Section 62.011(c), Election Code, is amended to |
 
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read as follows: |
 
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             (c)    The poster must include instructions applicable to the |
 
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election on: |
 
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                         (1)    marking and depositing the ballot; |
 
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                         (2)    voting for a write-in candidate; |
 
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                         (3)    casting a provisional ballot; [and] |
 
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                         (4)    securing an additional ballot if the voter's |
 
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original ballot is spoiled; and |
 
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                         (5)    casting a straight-party vote. |
 
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             SECTION  5.    Subchapter A, Chapter 64, Election Code, is |
 
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amended by adding Section 64.004 to read as follows: |
 
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             Sec.  64.004.    MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an |
 
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election in which a single square is provided on the ballot for |
 
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casting a straight-party vote, a straight-party vote must be |
 
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indicated by placing an "X" or other mark that clearly shows the |
 
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voter's intent in the square beside the name of the appropriate |
 
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political party. |
 
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             SECTION  6.    Subchapter A, Chapter 65, Election Code, is |
 
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amended by adding Section 65.007 to read as follows: |
 
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             Sec.  65.007.    TALLYING STRAIGHT-PARTY VOTES. (a) In an |
 
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election in which a single square is provided on the ballot for |
 
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casting a straight-party vote, the tally lists shall contain spaces |
 
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for tallying those votes. |
 
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             (b)    Except as provided by Subsection (c) or (d), each |
 
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straight-party vote shall be tallied for the party receiving the |
 
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vote instead of being tallied for the individual candidates of the |
 
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party. The total number of straight-party votes tallied for each |
 
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party shall be added to the total votes received for each of the |
 
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party nominees individually. |
 
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             (c)    If a ballot indicates a straight-party vote and a vote |
 
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for an opponent of one or more of that party's nominees, a vote |
 
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shall be counted for the opponent and for each of the party's other |
 
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nominees whether or not any of those nominees have received |
 
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individual votes. |
 
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             (d)    If a ballot indicates straight-party votes for more than |
 
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one party, those votes may not be tallied and a vote shall be |
 
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counted for each candidate receiving an individual vote if no other |
 
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individual votes are received in that race. If no candidate |
 
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receives an individual vote, the portion of the ballot for offices |
 
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may not be counted. |
 
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             SECTION  7.    Section 65.011, Election Code, is amended to |
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