87(R) HB 49 - Introduced version - Bill Text
  87R1868 MLH-D
 
  By:  Fierro H.B.  No.  49
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing straight-party voting.
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
               SECTION  1.    Section 1.005, Election Code, is amended by
  adding Subdivision (20) to read as follows:
                           (20)    "Straight-party vote" means a vote by a single
  mark, punch, or other action by the voter for all the nominees of
  one political party and for no other candidates.
               SECTION  2.    Section 31.012(a), Election Code, is amended to
  read as follows:
               (a)    The secretary of state and the voter registrar of each
  county that maintains a website shall provide notice of the
  identification requirements for voting prescribed by Chapter 63
  [and that straight ticket voting has been eliminated pursuant to
  H.B. 25, Acts of the 85th Legislature, Regular Session, 2017] on
  each entity's respective website in each language in which voter
  registration [and election] materials are available. The secretary
  of state shall prescribe the wording of the notice to be included on
  the websites.
               SECTION  3.    Subchapter C, Chapter 52, Election Code, is
  amended by adding Section 52.071 to read as follows:
               Sec.  52.071.    VOTING SQUARE AND INSTRUCTION FOR
  STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
  appears, a square larger than the square prescribed by Section
  52.070(a) shall be printed to the left of each political party's
  name.
               (b)    The following instruction shall be added to the
  instruction required by Section 52.070(b): "You may cast a
  straight-party vote (that is, cast a vote for all the nominees of
  one party) by placing an 'X' in the square beside the name of the
  party of your choice. If you cast a straight-party vote for all the
  nominees of one party and also cast a vote for an opponent of one of
  that party's nominees, your vote for the opponent will be counted as
  well as your vote for all the other nominees of the party for which
  the straight-party vote was cast."
               SECTION  4.    Section 62.011(c), Election Code, is amended to
  read as follows:
               (c)    The poster must include instructions applicable to the
  election on:
                           (1)    marking and depositing the ballot;
                           (2)    voting for a write-in candidate;
                           (3)    casting a provisional ballot; [and]
                           (4)    securing an additional ballot if the voter's
  original ballot is spoiled; and
                           (5)    casting a straight-party vote.
               SECTION  5.    Subchapter A, Chapter 64, Election Code, is
  amended by adding Section 64.004 to read as follows:
               Sec.  64.004.    MARKING BALLOT FOR STRAIGHT-PARTY VOTE. In an
  election in which a single square is provided on the ballot for
  casting a straight-party vote, a straight-party vote must be
  indicated by placing an "X" or other mark that clearly shows the
  voter's intent in the square beside the name of the appropriate
  political party.
               SECTION  6.    Subchapter A, Chapter 65, Election Code, is
  amended by adding Section 65.007 to read as follows:
               Sec.  65.007.    TALLYING STRAIGHT-PARTY VOTES. (a) In an
  election in which a single square is provided on the ballot for
  casting a straight-party vote, the tally lists shall contain spaces
  for tallying those votes.
               (b)    Except as provided by Subsection (c) or (d), each
  straight-party vote shall be tallied for the party receiving the
  vote instead of being tallied for the individual candidates of the
  party. The total number of straight-party votes tallied for each
  party shall be added to the total votes received for each of the
  party nominees individually.
               (c)    If a ballot indicates a straight-party vote and a vote
  for an opponent of one or more of that party's nominees, a vote
  shall be counted for the opponent and for each of the party's other
  nominees whether or not any of those nominees have received
  individual votes.
               (d)    If a ballot indicates straight-party votes for more than
  one party, those votes may not be tallied and a vote shall be
  counted for each candidate receiving an individual vote if no other
  individual votes are received in that race. If no candidate
  receives an individual vote, the portion of the ballot for offices
  may not be counted.
               SECTION  7.    Section 65.011, Election Code, is amended to