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2013 Legislative Update

2013 Legislative Update. Keith Ingram, Director 25th Annual Election Seminar – December 2013. 83 rd Texas Legislature. January 8, 2013 – May 27, 2013 Special Sessions. Voter Registration Changes.

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2013 Legislative Update

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  1. 2013 Legislative Update Keith Ingram, Director 25th Annual Election Seminar – December 2013 Texas Secretary of State Elections Division

  2. 83rd Texas Legislature • January 8, 2013 – May 27, 2013 • Special Sessions Texas Secretary of State Elections Division

  3. Voter Registration Changes • H.B. 2263 (Miller): Allows voters to order a replacement voter registration certificate telephonically or electronically. • Effectively immediately. Texas Secretary of State Elections Division

  4. Voter Registration Changes • H.B. 1632 (Fletcher): Codifies existing practice regarding confidentiality of information for certain public officials including peace officers. • Effective immediately. Texas Secretary of State Elections Division

  5. Voter Registration Changes • S.B. 910 (Duncan): Allows for documents or papers to be filed by facsimile. • Allows for voter registration applications to be faxed to voter registrar. The hard copy of the application must be mailed and must be received by the registrar within four days of receipt of the faxed application. • Effective September 1, 2013. Texas Secretary of State Elections Division

  6. Voter Registration Changes • H.B. 2465 (Farias): Requires SOS, to the extent practicable, to indicate if a voter is on the suspense list on the SOS website. • We have modified “Am I Registered?” for this notice. • Effective September 1, 2013. Texas Secretary of State Elections Division

  7. Ineligibility • S.B. 910 (Duncan): Requires abstracts of death certificates and probate records to be filed electronically with the SOS. • A waiver can be requested. • Effective September 1, 2013. Texas Secretary of State Elections Division

  8. Ineligibility • H.B. 3593 (Burnam): Provides changes to process of determining potentially deceased voters. • Allows for the SOS to work with other state agencies to review databases with information contained in the voter registration process. • Requires counties to investigate potential ineligibility of weak match deceased. • Effective September 1, 2013. Texas Secretary of State Elections Division

  9. Redistricting and Precinct Boundaries • H.B. 1164 (Thompson, Ed, et al.): Amends §42.005(a) to provide that a county election precinct may contain territory from more than one ward in cities with a population of 10,000 or more. • Effective immediately. Texas Secretary of State Elections Division

  10. Redistricting and Precinct Boundaries • S.B. 2 (Seliger): Adopts the Texas Senate map (S172) drawn by the U.S. District Court in San Antonio. • S.B. 4 (Seliger): Adopts the U.S. Congressional map (C235) drawn by the U.S. District Court in San Antonio. Texas Secretary of State Elections Division

  11. Redistricting and Precinct Boundaries • S.B. 3 (Seliger): Slightly amends interim map drawn by U.S. District Court in San Antonio, adopts plan H358. • Districts Changed: • HD 42 (Webb County) • HD 80 (Dimmit, Frio, Uvalde, Zapata, and Zavala Counties) • HD 90, HD 97, and HD 99 (Tarrant County) • HD 103, HD 109, HD 110, HD 111, HD 113, and HD 115 (Dallas County) • HD 133, HD 137, and HD 149 (Harris County). Texas Secretary of State Elections Division

  12. Redistricting • On September 5, 2013 the U.S. District Court entered an order for the plans enacted by the 83rd Legislature to be used as interim maps. Texas Secretary of State Elections Division

  13. Candidate Applications • S.B. 910 (Duncan): Provides that the SOS may prescribe a different form for an application for a place on the ballot for the following: • Offices of the federal government • Offices of the state government • Offices of a political party • Effective September 1, 2013. Texas Secretary of State Elections Division

  14. Candidate Filing Deadlines – Schools and Others • S.B. 910 (Duncan): Standardizes the first day of the filing period by providing that political subdivisions, other than counties and cities, may not allow an application to be filed earlier than the 30th day before the filing deadline. • Effective September 1, 2013. Texas Secretary of State Elections Division

  15. Ballots for CSOs • S.B. 910 (Duncan): Amends §145.096 to read that a candidate’s name will remain on the ballot if the candidate is declared ineligible after 5 p.m. on the third day after the filing deadline. • Previously, a candidate’s name would remain on the ballot if not declared ineligible by 5 p.m. on the second day after the filing deadline. • Allows more time for filing authorities to review applications. • Effective September 1, 2013. Texas Secretary of State Elections Division

  16. Ballots for CSOs • S.B. 904 (Van de Putte): Amends §145.092 to change the withdrawal deadline to 5 p.m. on the fifth day after the filing deadline. • Previously, a candidate must have withdrawn by 5 p.m. on the third day after the filing deadline. • Allows more time for a candidate to withdraw. • Effective September 1, 2013. Texas Secretary of State Elections Division

  17. ABBMs and Mail Ballots • S.B. 910 (Duncan): Amends §84.007 to require that an ABBM must be submitted to the early voting clerk between the 60th day before an election and the 9th day before an election. • If 9th day is a Saturday, Sunday or holiday, deadline falls on preceding regular business day. • Previously, voters could submit an ABBM up until the 7th day before an election. • Effective September 1, 2013. Texas Secretary of State Elections Division

  18. ABBMs and Mail Ballots • H.B. 666 (Miller, et al): Allows voters eligible to vote early due to either disability and/or age (over 65 years old) to file an ABBMannually. • Previously, ABBMs would need to be submitted to the early voting clerk for every election. • Effective January 1, 2014. Texas Secretary of State Elections Division

  19. FPCAs • H.B. 396 (Thompson, Senfronia): Allows FPCA voters to vote in general and special elections held by a county, municipality or school district for the calendar year in which the FPCA is received. • Requires early voting clerks to send FPCAs to early voting clerks who conduct an election in which the FPCA voter is eligible. • Effective September 1, 2013. Texas Secretary of State Elections Division

  20. FPCAs • S.B. 904 (Van de Putte): Requires the SOS to create a checklist for early voting clerks to use while processing FPCAs and ballots. • Provides that a voter that completes the signature sheet is not required to complete a carrier envelope. • Effective September 1, 2013. Texas Secretary of State Elections Division

  21. FPCAs • H.B. 1129 (White, et al): Establishes a pilot program for receiving ballots from military voters in a combat zone. • Effective immediately. Texas Secretary of State Elections Division

  22. Polling Places • H.B. 259(Simmons, et al): Public buildings serving as polling places cannot prohibit electioneering outside of 100 foot marker. • Allows owners and operators to enact “reasonable regulations” concerning the “time, place, and manner of electioneering.” • Effective immediately. Texas Secretary of State Elections Division

  23. Early Voting • S.B. 910 (Duncan):  Requires that “curbside” early voting in person under §85.034 be conducted in the same way that such voting is conducted under §64.009 on election day. • Effective September 1, 2013. Texas Secretary of State Elections Division

  24. Early Voting • S.B. 553(Uresti): Allows for high school students to serve as early voting clerks, in addition to election day clerks (maximum of two days). • Effective immediately. Texas Secretary of State Elections Division

  25. Early Voting Polling Places - CSOs • H.B. 506 (Lozano, et al): Requires political subdivisions, other than counties, to use a county polling place within the political subdivision for November uniform elections. • Any shared polling place that is designated as the main early voting location must be open for voting for all political subdivisions, and keep the hours of the political subdivision making the designation. • Effective September 1, 2013. Texas Secretary of State Elections Division

  26. Early Voting Ballot Board • H.B. 985(Elkins): Amends rules for November general election for state and county officers only. • Provides that the EVBB shall verify and count provisional ballots by the 13th day after the election. • Previously, the EVBB was required to complete counting by the 7th day after the election. • Provides that the Voter Registrar must have seven calendar days to complete the review of provisional voter’s eligibility. • Effective September 1, 2013. Texas Secretary of State Elections Division

  27. Early Voting Ballot Board • H.B. 2233(Simmons): Provides that the EVBB may compare any “two or more signatures of the voter made within the preceding six years” when reviewing a ballot by mail. • The signature comparison can only be used to confirm signatures are from the same person. • Effective immediately. Texas Secretary of State Elections Division

  28. Election Procedures • H.B. 2110(Kolkhorst): Prohibits a person from being a poll worker if related to or employed by a candidate for party office which appears on the ballot in that precinct. • Requires election officers to wear an identification badge. SOS will provide form. • Effective September 1, 2013. Texas Secretary of State Elections Division

  29. Election Procedures • S.B. 160(Huffman): Requires poll watchers to wear an identification badge upon being accepted for service. • SOS will provide form. • Effective September 1, 2013. Texas Secretary of State Elections Division

  30. Election Procedures • H.B. 2475 (Miller): Amends the §64.034 oath taken by persons assisting a voter, to state that the assistant is not the voter’s employer, an agent of the employer, or an officer or agent of a labor union to which the voter belongs. • Effective September 1, 2013. Texas Secretary of State Elections Division

  31. Voting Systems • H.B. 2373(Klick): Allows for electronic capture of a voter’s signature for the signature roster/combination form. • SOS must approve devices. • Effective September 1, 2013. Texas Secretary of State Elections Division

  32. Central Counting Station • H.B. 2006 (Klick): Allows a person that is an “employee of the political subdivision that adopts or owns the voting system” to serve as a counting station manager, even if they are not a registered voter of the political subdivision. • Effective immediately. Texas Secretary of State Elections Division

  33. Canvass – General Elections • H.B. 985 (Elkins): During general elections for state and county officers, under the new §65.051(a-1), the state canvass conducted by the governor will occur between the 18th day and the 33rd day after the election. • Effective September 1, 2013. Texas Secretary of State Elections Division

  34. Recounts • S.B. 910(Duncan): Allows the actual expenses incurred for printing ballot images from a voting system to be assessed. • Effective September 1, 2013. Texas Secretary of State Elections Division

  35. Special Elections • S.B. 910(Duncan): Amends §201.054 to provide two filing periods for special elections (the third period is eliminated). • Effective September 1, 2013. Texas Secretary of State Elections Division

  36. Constitutional Amendments • H.J.R. 87 (Munoz): Will allow charter amendments for appointment after a vacancy for home-rule municipalities with 4 year terms if there is 12 months or less left in the term. Texas Secretary of State Elections Division

  37. Odds and Ends • S.B. 637(Paxton): New notice requirements in the election order for bond elections in political subdivisions. • S.B. 169 (Hegar): Provides ballot language for county venue project elections regarding the tax and rate to be used for project financing. Texas Secretary of State Elections Division

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