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July 14, 2011

Below is a brief summary of the major election-related legislation that passed during the 82nd Regular Session. Please note the following:

  • Many of the bills below will not apply to the November 8, 2011 Uniform Election Date.
  • Each bill is subject to preclearance by the U.S. Department of Justice.

Bills

HB 174 – Jim Jackson/Duncan – Modifies the process for removing deceased voters and persons ineligible to vote due to lack of United States citizenship from voter registration roles. Specifically, it requires each local registrar of deaths to notify the Secretary of State’s office no later than the 10th day of each month of any deceased persons 18 years or older, and requires the clerk of any court with probate jurisdiction to notify the Secretary of State’s office no later than the 10th day of each month of any proceeding resulting from a death. The clerk of each court must send notice of each person disqualified from jury service due to lack of US Citizenship to Secretary of State, and to the county or district attorney, to investigate as to whether the person made a false statement on their voter registration application pursuant to Section 13.007 of the Texas Election Code.

The bill requires that the jury questionnaire form must contain language that informs a person that if they claim a disqualification or an exemption due to lack of US Citizenship, they will no longer be eligible to vote if they fail to provide proof of citizenship. (Effective September 1, 2011.) (The changes in law made by the Act to Sections 62.0132 and 62.0142, Government Code, apply only to a written summons or questionnaire printed on or after the effective date of this Act.)

HB 184 – Johnson/West – Requires the Secretary of State to declare an unopposed candidate to fill a vacancy in the legislature elected and issue the certificate of election on the second day after either the filing deadline, or the date on which the election becomes uncontested by death, ineligibility, or withdrawal.(Effective September 1, 2011.)

HB 360 – Jim Jackson/Duncan – Provides that in addition to any prescribed ballot language, (1) a proposition concerning a bond election shall include the total principal dollar amount of bonds that will be authorized and a general description of the purposes for the bonds; (2) a proposition seeking voter approval of the imposition or increase of a tax shall provide the amount of or the maximum tax rate of the tax or tax increase sought; and (3) a proposition seeking voter approval of the reduction of a tax rate must provide the amount of the tax rate reduction or the tax rate sought. (Effective September 1, 2011.) (The change in law made by this Act applies only to an election ordered on or after the effective date of this Act.)

HB 600 – Solomons/Seliger – Relates to Redistricting of State Board of Education Districts. (Effective immediately.)

HB 1401 – Laubenberg/Estes – Provides that annexed citizens may vote in a municipal local option liquor election that occurs after their annexation, even if the petition for the election was filed before the annexation. It also provides that the required number of signatures needed on the petition to trigger a local option election is to be calculated based on the number of registered voters in the municipality, including the annexed area, even if the area was not annexed until after the petition was issued or filed. (Effective September 1, 2011.)

HB 1545 – Lewis/Watson – Authorizes a political subdivision other than a county to change its general election date to the November uniform election date not later than December 31, 2012. (Effective immediately.)

HB 1789 – Farias/Van de Putte – Authorizes a county election officer of a county with a population of 100,000 or more, who conducts a primary election under an election services contract, to request payment directly from the Secretary of State rather than the county chair. (Effective September 1, 2011.)

HB 1904 – Sheffield/Estes – Modifies the filing deadline to file a declaration of write-in candidacy for the office of county chair or precinct chair to no later than 6:00 p.m. of the 5th day after the date of the regular filing deadline for the general primary election. (Effective September 1, 2011.)

HB 2144 – Garza/Uresti – Exempts a newly incorporated city’s initial election of members of the governing body from the uniform election date requirement. Authorizes such a city to change its general election date for election of its members to another uniform election date within two years of its incorporation. Authorizes a city which was newly-incorporated between January 1, 2007 and September 1, 2011 to move their general election date to another uniform election date not later than September 1, 2012. Requires cities to choose their general election date within the first year of their incorporation. (Effective September 1, 2011.)

HB 2194 – Larry Taylor/Jackson – Provides for various changes affecting the elections process.

  • Prohibits a person from compensating another person based on the number of voter registrations successfully facilitated or from setting a quota of voter registrations as a condition of employment. Creates a Class A misdemeanor offense for violation.
  • Adds a new ground for termination of a volunteer deputy registrar’s appointment on the final conviction of an offense relating to the prohibition of performance-based compensation for registering voters pursuant to Section 13.008 of the Texas Election Code.
  • Eliminates the reference to Registration Omissions List and instead refers to the new affidavit created in Senate Bill 14 (photo voter id bill), which applies when a voter presents proper photo id, and voter registration certificate, but whose name is not on the list of registered voters.
  • Increases the number of counties that the Secretary of State may approve for participation in the countywide polling place program to 6 counties with a population of 100,000 or more and to 4 counties with a population of less than 100,000. Each county that previously participated in a countywide precinct program may continue to participate as long as their commissioners court approves the county’s participation and the Secretary of State determines that the county’s past participation was successful. Additionally, such counties are not required to hold a public hearing, are not subject to an audit in accordance with Section 43.007(c) of the Texas Election Code, and are not subject to the selection process by the Secretary of State prescribed by Section 43.007(d) of the Texas Election Code.
  • Clarifies that persons who do not have their voter certificates and who are not on the voter registration list must cast a provisional ballot. Requires that the provisional ballot affidavit contain a space on the form to allow the election officer to indicate whether the voter presented a valid form of identification.
  • Authorizes the presiding judge of the central counting station, in cooperation with the county clerk/elections administrator, to withhold the release of vote totals until the last voter has voted.
  • Authorizes the two major political parties to hold their biennial state conventions in either June OR July.

(Effective September 1, 2011.)

HB 2817 – Larry Taylor/Duncan – Relates to certain election practices and procedures. Below are some highlights of the bill:

  • Removes branch early voting locations from the list of items that must appear in an election notice and order.
  • Amends the preservation period for local election records to 6 months (instead of 22 months) for elections in which no federal office is on the ballot.
  • Removes the requirement that a voter must be absent from the county in order to fax his or her application for a ballot by mail.
  • Eliminates archaic provisions concerning delivery of ballots to the early voting ballot board to be consistent with the requirement that the electronic ballots cast during early voting in person are delivered directly to the central counting station, with any resolution of ballots performed by the judges and clerks at the central counting station.
  • Authorizes the electronic recording and storage of mail balloting materials (such as ballot applications, and jacket envelopes) to be used by the early voting ballot board for the processing of mail ballots.
  • Designates the Secretary of State as the coordinator between military and overseas voters and the county election officials.
  • Allows a person to vote a limited ballot if he or she moves from one county to another, and the person is either still registered in the former county of residence or was registered in the former county of residence when the person applied to register in the new county of residence.
  • Requires the written central counting station operation plan to include a description of the process of comparing the number of voters who signed the combination form to the overall vote count from the election returns.
  • Eliminates the partial manual count requirement for DRE systems.
  • Clarifies that the Logic and Accuracy test (L&A test) must provide a test for each precinct and ballot style.
  • Modifies the candidate filing deadline notice to clarify that the notice does not apply to the November General Election for state and county officers and to clarify that if an entity does not have a first day to file then they must post the notice no later than the 30th day before the deadline to file.
  • Clarifies that a withdrawal is not effective if not timely filed or filed with the wrong authority.
  • Adds “withdrawn” candidates to the rules for the effect of votes cast for deceased, withdrawn, or ineligible candidate.
  • Provides a general rule that candidates may not withdraw from an election in which the filing deadline is NOT the 62nd day before the election after 5 p.m. of the third day after the deadline for filing the candidate’s application for a place on the ballot (instead of second day before the beginning of early voting by personal appearance).
  • Provides that a candidate for nomination may not withdraw from the general primary election after the first day after the deadline for filing the candidate’s application for a place on the general primary election ballot (instead of the 62nd day before general primary election day). This provision conflicts with SB 100 and HB 1904 and is superseded by the rule in SB 100.
  • Authorizes the primary precinct conventions to be held in the regular precincts on election day or no later than the 5th day after the primary election as determined by the county executive committee. Requires that notice of the precinct convention include notice of the date.
  • Provides that no one entitled to be present at a recount may possess a device capable of recording images or sound or unless the person agrees to disable or deactivate the device while present at the recount.
  • Clarifies that the notice requirements for a regular recount apply to an automatic recount resulting from a tie.
  • Clarifies that the 10-day deadline to file an election contest applies to primary runoff elections as well as to the main primary.
  • Requires the Texas Ethics Commission to certify court populations for purposes of certain judicial campaign finance filings, rather than the Secretary of State.
  • Provides the specific requirements for the notice that must be published in a newspaper prior to making application for a local option liquor election.
  • Clarifies when a deposit is required for a local option liquor election.

(Effective September 1, 2011.)

HB 2920 – Reynolds/Hegar – Authorizes the city council of a Type C city with a population of over 10,000 to adopt an ordinance to determine whether to stagger the election of its officers or have the entire city council up for election in the same election year. (Effective September 1, 2011.)

SB 14 – Fraser/Harless – Creates a new photo voter identification requirement that will be required for voter qualification in all elections in Texas beginning January 1, 2012. The new law requires that all voters must present one of the following forms of photo identification in order to be eligible to be accepted for voting:

  • Driver’s license, election identification certificate, personal identification card, or concealed handgun license issued by the Texas Department of Public Safety;
  • United States Military identification card that contains the person’s photograph;
  • United States citizenship certificate that contains the person’s photograph;
  • United States passport.

The above identification must be current or have expired no more than 60 days before it is presented for voter qualification at the polling place.

There are several exceptions to the photo voter identification requirement. Voters with a disability who desire an exemption from the photo identification requirement may apply with the county voter registrar for an exemption. Our office will be prescribing the exemption request form and pursuant to Senate Bill 14, the exemption application must contain written documentation from the U.S. Social Security Administration evidencing the applicant’s disability or from the U.S. Department of Veterans Affairs evidencing a disability rating of at least 50 percent. In addition, the applicant must state that he or she has no form of photo identification as listed above. Voters who have obtained a disability exemption will be allowed to vote by presenting their voter registration certificate, which must reflect the exemption on the face of the certificate.

Other exemptions include voters who have had a consistent religious objection to being photographed and voters who do not have any photo identification as a result of certain natural disasters as declared by the president of the United States or the Texas governor that occurred not earlier than 45 days from the day the ballot was cast. These voters may vote provisionally at the polls and then must sign an affidavit attesting to those facts in the presence of the county voter registrar within six days of the date of the election. Finally, the new law creates a “cure period” for a voter who does not qualify for an exemption and votes a provisional ballot due to the fact that the voter did not present a valid form of photo identification at the polls. A person who votes provisionally due to failure to present photo identification has up to six days after the election to present him/herself to the county voter registrar and present appropriate photo identification. If the provisional voter presents the photo identification to the county voter registrar within the six-day period and meets all other requirements, then the provisional ballot must be accepted.

Additional information about Senate Bill 14 may be found in Advisory 2011-10 and additional information will posted to the Secretary of State’s website as new information becomes available. (Effective September 1, 2011 for several requirements placed upon election officials, but as far as impact on voters, the effective date will be January 1, 2012.)

SB 31 – Seliger/Solomons – Relates to Redistricting of the members of the Texas Senate. (Effective – to be effective for the 2012 Elections.)

SB 100 – Van de Putte/Van Taylor – As required by MOVE, Senate Bill 100 facilitates the voting process for military and overseas voters who frequently encounter obstacles and time delays with the standard vote by mail process. Senate Bill 100 requires that ballots be mailed or emailed to military and overseas voters no later than the 45th day before the election, and this requirement applies to (1) all elections in which a federal office appears on the ballot; (2) elections to fill a vacancy in the legislature, unless the election is an emergency or expedited election; or (3) an election held jointly with an election described by (1) or (2) above. In addition, SB 100 provides that a Federal Postcard Application is effective for a single calendar year instead of the previous effective period of two federal general elections.

Although SB 100 applies to only the elections described above, the mandate to mail ballots 45 days before an election has had a significant impact on the election calendar. For example, under prior law, the federal deadline to mail a ballot for the primary runoff election would occur before the general primary election date had even occurred. Accordingly, the Legislature has adjusted the election calendar and the dates and deadlines surrounding elections. The primary elections will continue to occur on the first Tuesday in March, but the runoff primary election is moved from the second Tuesday in April to the fourth Tuesday in May.

The May uniform election date is also affected by SB 100. Because the May uniform date falls between the March primary and the May runoff, (early voting for the runoff primary begins two days after the May uniform election day), SB 100 limits the May uniform election date in even-numbered years to only non-county elections and county election officials are not required to contract to conduct elections in May even-numbered years. The May uniform election date in odd-numbered years is unaffected. The deadlines to order elections and the deadline to file an application for place on the ballot have also been adjusted.

Additional information on SB 100 may be found in Advisory 2011-09 and additional information will be posted to the Secretary of State’s website as the information becomes available. (Effective September 1, 2011, with various individual sections having different effective dates.)

SB 729 – Seliger/Price – Amends Section 11.0581(a), Education Code to allow independent school districts to comply with the joint election mandate by authorizing a joint election with an election for the members of the governing board of a public junior college district in which the school district is wholly or partly located. (Effective immediately.)

SUMMARY OF JOINT RESOLUTIONS

The joint resolutions below will be voted on during the November 8, 2011 election. Each of the proposed constitutional changes has already been approved by two-thirds of the House and Senate, but a majority of the voters must approve before the amendments can be implemented.

HJR 63 – Pickett/Wentworth – The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates.

HJR 109 – Orr/Ogden – The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund.

SJR 4 – Hinojosa/Ritter – The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.

SJR 9 – West/Thompson – The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.

SJR 14 – Van de Putte/Charles Anderson – The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran.

SJR 16 – Estes/Ritter – The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity.

SJR 26 – West/Turner – The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund.

SJR 28 – Rodriguez/Marquez – The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities.

SJR 37 – Van de Putte/Van Taylor – The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.

SJR 50 – West/Branch – The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.

Further election related legislation can be found at: http://www.sos.state.tx.us/elections/laws/advisory2011-11.shtml