Bill Text: TX SB1675 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the inclusion in the results of an election of ballots that were mistakenly not counted.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to State Affairs [SB1675 Detail]
Download: Texas-2011-SB1675-Introduced.html
| 82R7235 DRH-D | ||
| By: Duncan | S.B. No. 1675 | |
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| relating to the inclusion in the results of an election of ballots | ||
| that were mistakenly not counted. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 67, Election Code, is amended by adding | ||
| Section 67.0045 to read as follows: | ||
| Sec. 67.0045. DISCOVERY OF ADDITIONAL BALLOTS AFTER LOCAL | ||
| CANVASS. (a) If, before the 10th day after the date the local | ||
| canvass is conducted, the general custodian of election records | ||
| discovers legal ballots that were not counted and included in the | ||
| local canvass of the election, the custodian shall notify the | ||
| presiding officer of the local canvassing authority of the | ||
| discovery. | ||
| (b) A presiding officer who is notified under Subsection (a) | ||
| shall make an application to a district court of the county in which | ||
| the canvassing authority is located for disposition of the ballots. | ||
| The presiding officer shall provide notice to each entity that held | ||
| an election for which the discovered ballots would affect the | ||
| results. | ||
| (c) Not later than the third day after the date an | ||
| application is made under Subsection (b), the district court shall | ||
| hold a hearing on the application. The district court shall provide | ||
| notice of the time of the hearing to the presiding officer of the | ||
| local canvassing authority and each entity required to be notified | ||
| under Subsection (b). | ||
| (d) Following the hearing, the court shall take any | ||
| necessary action to include legal ballots that were not counted in | ||
| the results of the election, including a revision of the totals of | ||
| the final canvass. Action taken under this subsection does not | ||
| affect the ability of a person to bring an election contest or | ||
| request a recount, except that a petition for recount must be filed | ||
| not later than the second day after the date the court enters an | ||
| order under this subsection. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
