the Senate by a vote of 30 to 1 and the House of Representatives only yesterday expressed its overwhelming support by a record vote on second reading of 114 in favor to 16 opposed. The Governor will sign it as soon as it reaches his desk. In addition, Senate Bill 1046, co-sponsored by Senators Longoria, Santiesteban and Ogg will provide for state inspectors at any polling place in the State of Texas and also forbid any person from exerting economic or physical coercion upon a citizen of this state in the exercise of his right to vote. Felony punishment would be provided for violation of this statute, and I am pleased to report that Senate Bill 1046 has passed favorably from the State Affairs Committee and will be debated on the floor of the Senate before this week is out.

These are not just isolated examples of something we are doing just this year in response to federal action. In 1971, Texas went from one of the most restrictive voter registration systems to a system unequalled by any of her sister states. It includes a system of postcard registration similar to the one Senators Kennedy, Bentsen and Tunney believe should be applied to all other states. We are improving upon that system in this Legislative session.

Therefore, Mr. Chairman, I believe the State of Texas is in the process of doing everything that these amendments are designed to accomplish. We believe that Texas has shown good faith and should be allowed to continue to show good faith in solving these problems.

Yet, even this is not enough. Texas is committed without reservation to accomplish the goal of full access to the ballot. In the Legislative package that I presented to this committee, you will find three House Bills to repeal the requirement of signing the ballot stub in an election. This is designed to ensure the sanctity of the ballot, to provide a truly secret ballot. A Directive issued by the Secretary of State's Office, April 4, 1974, advised each county clerk, city manager and sheriff in the state of certain procedures whereby persons incarcerated for crimes less than felonies and/or pending final conviction of a felony could vote absentee. House Bill 542 will set up a statutory system to permit such absentee voting. Senate Bill 300 having passed the Senate and now pending debate before the full House will establish an improved version of permanent postcard voter registration. House Bill 784 permits the reduction of precinct size to 50 voters in our rural counties and in some instances to as few as 25 voters so that no person in this state will have to be transported or have to drive long distances to express themselves at the polls. House Bill 1469 removes the prohibition against the hiring of vehicles and drivers for the purpose of conveying voters to the polls and thus will permit easier access to the ballot.

From the foregoing, I think it is apparent that Texas has indeed made great progress in its quest for universal suffrage. The fact remains that Texans, like all other Americans, are woefully remiss in exercising their right to vote. While voter registration rolls have increased in Texas by 39% since 1972, our voter turnout in the 1974 Gubernatorial election was only 31% of those registered. The Office of Secretary of State, the media, business, labor and civic organizations have all cooperated to motivate the citizens to register and then in turn to vote. In spite of our joint efforts, it cannot be said that we have succeeded. Today, in Texas, a special Constitutional Amendment election is being held. Estimated voter turnout of a possible 5.3 million registered voters is only 500,000-less than 10%.

A survey of the 1974 voter registration records of the Office of Secretary of State indicates that there is a slight but indistinguishable difference in voter registration in Texas in those counties with less than 5% Spanish surname, 79% of the voting age population registered, as compared with those counties with more than 50% Spanish surname where 72% of the voting age population is now registered. Based on census data, 75% of the voting age population is now registered in Texas as of 1974. Similarly, in those counties with less than 5% Spanish surname, 23.18% of the voting age population actually voted. Similarly, in those counties with over 50% Spanish surname, 22.73% of the voting age population exercised their right. Less than one-half of one percent difference in voter turnout between counties with large numbers of Spanish surnamed citizens as opposed to counties with almost none of its population of Spanish surname. I think these figures speak for themselves. Regrettably, Texans without regard for race, color, creed or national origin are uniformly failing to exercise their right to vote.

The following is a listing of voter turnout as compared to registered voters for the years 1968, 1970, 1972 and 1974:

A quick analysis will reveal that 1968 and 1972 were Presidential years with high voter interest reflected by exceptional turnout. Texas was number two in the nation in voter turnout in 1972. In the years 1970 and 1974, the Governor, Congressmen, Legislature and one U.S. Senator were on the ballot. The off year elections simply do not generate great voter interest.

Our voter registration has increased from a 1972 total of 3,872,462 to 5,376,537 in 1974. A portion of this increase derives from failure to accurately purge the rolls of ineligibles. It should be noted that the resolution calling for a new Constitution for Texas to be voted on by the people in November, 1975, provides that all future Constitutional Amendments shall be published in multilingual form. In conclusion, let me reaffirm that our appearance here today is a good faith effort to see that effective legislation designed to protect and enhance the right to vote is passed. Such a bill is before this subcommittee for consideration today. S. 1279, Amendment 343, in particular Title II, will go farther in protecting the right of each American to be supplied with a ballot which they can read and understand than any other bill we have studied. The Tunney Amendment will protect the Spanish-speaking citizens who live in the Southwest and the cities of the Northeast. But it does more-it will guarantee that those same protections will be afforded to the natives of Alaska, the Indians of Texas, Oklahoma, Arizona and New Mexico and to all Americans who do not call English their mother tongue. Unlike the other amendments tied to some prior election and narrowed to only Spanish-speaking people, the Tunney Amendment is flexible and self-enforcing. As demographics change, the law will be applied automatically to meet those changes.

Mr. Chairman, let me assure you that the State of Texas is in agreement with the goals of our distinguished Congresswoman Barbara Jordan and this subcommittee: to enhance and protect the right to vote-of every citizen. We believe, as you do, that the right to an effective vote should be afforded to every citizen in the nation, not just to a few.

We believe that our Governor and our Legislature have made a good faith effort to guarantee that right-and we are continuing to show good faith at this very moment.

We know we are determined to solve any problems that exist in Texas. We hope we have demonstrated to you that we intend to do so and are capable of doing so.

I do not make a habit of quoting myself, Mr. Chairman, but I would like to read to you a portion of the address that I made to the opening of the Texas Legislature this past January:

"I think there is one thing on which we all agree, that is, the time has come to quit looking to Washington to solve all our problems. I have never believed the Federal government is a power-hungry bureauracy, constantly poised to usurp local authority. But then, there is no doubt that the Federal government will accept responsibility where the States fail to do so."

We in Texas are accepting this most solemn responsibility. We only ask to be allowed to do so on our own. Thank you.

[Excerpts from Texas Election Laws, 1974-1975 Edition 1]

Subdivision 1. The registrar may have such number of duly authorized and sworn deputies as he deems necessary to assist in the registration of voters. However, no deputy may be paid for his services except with the approval of the Commissioners Court. An unpaid deputy shall not be required to give a bond in connection with his services.

1 Reprinted with permission of copyright owner, Hart Graphics, Austin, Texas.

Subdivision 2. It is the intent of the Legislature that the registrar shall establish a sufficient number of registration places throughout the county, and outside the county courthouse, for the convenience of persons desiring to register, to the end that registration may be maintained at a high level.

Subdivision 3. Where the performance of the services is not contrary to some other provision of law, the head of any department of the State government, with the approval of the governing board where one exists, any county officer, and the head of any department of a city, town, or village, with the approval of the municipal governing board, may permit any of the officers and employees under his control to become deputy registrars of voters and to register persons on any premises and facilities under his control during the regular working hours of the deputized officer or employee.

Subdivision 4. It is also the intent of the Legislature that the registrar, in order to promote and encourage voter registrations, shall enlist the support and cooperation of interested citizens and organizations, and shall deputize as registrars qualified citizens in such a way as to cover most effectively every section of the county. The persons so deputized shall be permitted to register voters anywhere within the county and to secure registrations at the places of residence of the persons to be registered, and the registrar shall not deny deputy registrars the right to register voters in accordance with this authorization.

Subdivision 5. No voter registrar shall refuse to deputize any person to register voters because of race, creed, color, or national origin or ancestry. No bona fide resident of the county of good moral character shall be excluded from serving as deputy by the registrar.

Art. 9.02. Contest or prosecution by Attorney General.

(1) In any special, general, or primary election in this State for any office, national, state, district, county, precinct, school, or municipal, or any election on any proposition, the Attorney General of Texas, in the case of elections involving two (2) or more counties, and the district and county attorneys, in the case of elections involving less than two (2) counties, may on their own motion, and shall when allegations of election frauds are presented to them by written affidavit of two (2) or more reputable citizens, investigate the conduct of such election and the making, canvassing, and reporting of returns. To make effective the power of such officers to investigate, the Attorney General, in elections involving two (2) or more counties, and the district and county attorneys in all other elections, are hereby authorized to impound all of the election records in the hands of any county clerk, district clerk, or any other election official by applying for and obtaining an order of a district court placing such records in the custody of the court to be examined by such officers in the presence of the district judge or a grand jury. All of such records, except the stub box, shall be subject to inspection and examination by the attorneys for the State in the cases hereby placed within their respective jurisdictions. The stub box contain ing identification of the individual voters shall not be opened or inspected by anyone except as otherwise provided in this Act with reference to election contests and in a grand jury room when alleged violations involve the contents of said box.

The application for impoundment and inspection of records shall be filed with the district court of a county in which the election was held, or an adjoining county, or Travis County in the case of state-wide elections, and the judge of said court shall immediately issue an order impounding such records in a vault or other secure place under such terms and conditions as will keep the records. under his custody and control during the entire examination and inspection proceeding and for such additional time as he may direct. The ex parte proceeding herein provided for inspection in the presence of the judge shall be conducted in the usual manner as a court of inquiry, and the court shall issue such processes for witnesses and records relevant to the conduct of such election as may be requested by the appropriate attorney for the State, and disregard of subpoenas or other processes or refusal to testify at such hearing shall be punished by the court as in civil cases.

(2) The summary court proceeding and venue set out in subsection (1) above may be followed in the investigation and development of evidence relating to all other alleged violations of the Texas election laws. The Attorney General of Texas is hereby authorized to appear before a grand jury and prosecute any violation of the election laws of this State by any candidate, election official, or any other person, in state-wide elections, or elections involving two (2) or more

counties. He may institute and maintain such prosecution alone or in conjuction with the county or district attorney of the county where such prosecution is instituted. He may call upon and direct county and district attorneys to handle the investigations and prosecutions provided for above or to assist him in such procedures. This Section is intended to be cumulative and in addition to all other prosecutions authorized by other Sections hereof and other statutes. Concurrent venue for indictments and prosecutions under this Section shall be in the county where the election law violation occurred, or an adjoining county, or in Travis County if the violation involves or relates to a state-wide election for any State or national office or any proposition submitted to the people.

(3) Any subpoena or subpoena duces tecum issued by the clerk of any district court for any hearing, election contest, or election law violation shall be effective if served anywhere within this State, provided, however, no witness shall be punished for failure to comply with such subpoena or subpoena duces tecum unless the fees provided by law are tendered him as required by statute or court rule. When called upon by the Attorney General, the Department of Public Safety and Texas Rangers shall serve any subpoenas and assist in any investigations which may be necessary.

(4) The expense of any investigation on the part of the Attorney General of an election law violation shall be paid by the State of Texas. There is hereby appropriated for the biennium of 1951-52 the sum of Five Thousand Dollars ($5,000) out of funds not otherwise appropriated from which such expenses may be paid.

STATUS OF SELECTED BILLS IN THE TEXAS LEGISLATURE AS OF APRIL 22, 1975 Senate Bill No. 1046.-State Voting Rights Act of 1975. Introduced on April 17, 1975. Referred to Senate Committee on State Affairs. No Action.

Senate Bill No. 165. Requires that election materials and ballots must be printed in both Spanish and English in all elections conducted in political subdivisions in which five per cent or more of the inhabitants are persons of Spanish origin or descent. Introduced on January 30, 1975. Passed Senate amended on March 24, 1975. Passed House on April 21, 1975. To third reading.

Senate Bill No. 300.-Enacts a permanent voter registration system. Introduced February 12, 1975. Passed Senate on March 5, 1975. Read first time in House and referred to Committee on Elections on March 6, 1975. Discussed in full meeting of the Committee on April 14, 1975. No action.

House Bill No. 849.-Companion bill to Senate Bill No. 300. Introduced in House on February 20, 1975. Referred to Subcommittee on Elections, February 24, 1975. No action.

House Bill No. 56.-Repeals requirement for a signed ballot stub in elections where punch card ballots are used. Introduced on January 21, 1975 and referred to Subcommittee on Elections on April 14, 1975. No action.

House Bill No. 667.-Repeals requirement for a signed ballot stub in elections where punch card ballots or paper ballots are used. Introduced on February 12, 1975. Referred to Subcommittee on Elections on April 14, 1975. No action.

House Bill No. 815.-Eliminates ballot stubs which the voter signs, and adjusts voting procedures accordingly. Introduced February 19, 1975 and referred to Subcommittee on Elections. No action.

House Bill No. 542.-Allows voters confined in jail to vote absentee, and deletes obsolete provisions of the Election Code which are to the contrary. Introduced on February 6, 1975. Passed House on March 24, 1975. Read first time in Senate and referred to Senate Committee on State Affairs on March 25, 1975. No action. Senate Bill No. 351.-Companion bill to House Bill No. 542. Introduced and referred to Committee on State Affairs on February 17, 1975. No action.

House Bill No. 784.-Allows reduction of precinct sizes to 50 voters in counties under 100,000 population, and reduction to 25 voters in counties under 50,000. Introduced on February 18, 1975. Passed House on March 20, 1975. Passed Senate on April 16, 1975.

House Bill No. 1469.-Deletes the prohibition against hiring vehicles and drivers for the purpose of conveying voters to polling places. Introduced on March 17, 1975 and referred to Committee on Elections. No action.

52-004-7520

SB. No. 1046

An Act relating to the effective implementation of the voting rights of all qualified citizens of the state, and relating to the conduct of elections, and procedures and matter incidental to the holding of elections in this state; containing criminal penalties; amending the following sections of the Texas Election Code, as amended: Section 3 (Article 1.03, Vernon's Texas Election Code) relating to the responsibilities of the Chief Elections Officer of the state; Section 9 (Article 2.01, Vernon's Texas Election Code) relating to opening and closing times of the polls and procedures incidental to election; Section 21(d) (Article 3.07 (d) Vernon's Texas Election Code) relating to duties and privileges of watchers; Section 34 (Article 5.02 Vernon's Texas Election Code) relating to qualifications and requirements for voting; Section 328 (Article 15.28 Vernon's Texas Election Code) relating to an election officer dividing the vote of any voter; Section 341 (Article 15.41 Vernon's Texas Election Code) relating to illegal voting; Section 342 (Article 15.42 Vernon's Texas Election Code) relating to instigating illegal voting; Section 343 (Article 15.43 Vernon's Texas Election Code) relating to a voter swearing falsely to his own qualifications or the qualifications of another; Section 344 (Article 15.44 Vernon's Texas Election Code) relating to procuring a voter to falsely swear; Section 349 (Article 15.49 Vernon's Texas Election Code) relating to participating in primary elections or conventions of more than one party; Section 350 (Article 15.50 Vernon's Texas Election Code) relating to voting more than once; Section 361 (Article 15.61 Vernon's Texas Election Code) relating to altering or destroying ballots; Section 362 (Article 15.62 Vernon's Texas Election Code) relating to a messenger or any person trusted with the ballot tampering with the ballot; Section 365 (Article 15.65 Vernon's Texas Election Code) relating to failing to securely keep any ballot box; Section 371 (Article 15.71, Vernon's Texas Election Code) relating to hiring vehicle to convey voters and removing ballots from polling place; by adding new Section 373 relating to compelling any elector to reveal how he voted; by adding a new Section 374 relating to causing an applicant to make a false statement on the voter registration application; and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. Section 3, Texas Election Code, as amended (Article 1.03, Vernon's Texas Election Code) is amended to read as follows:

"SEC. 3. Secretary of State as Chief Election Officer.

"Subdivision 1. The Secretary of State shall be the chief election officer of this state, and it shall be his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. In carrying out this responsibility, he shall cause to be prepared and distributed to each county judge, county tax assessor-collector, and county clerk, and to each county chairman of a political party which is required to hold primary elections, detailed and comprehensive written directives and instructions relating to and based upon the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of each such respective officer. Such directives and instructions shall include sample forms of ballots, papers, documents, records and other materials and supplies required by such election laws. He shall assist and advise all elections officers of the state with regard to the application, operation and interpretation of the election laws. "Subdivision 2. At least thirty days before each general election, the Secretary of State shall prescribe forms of all blanks necessary under this code and shall furnish same to each county clerk. The Secretary of State shall at the same time certify to each county clerk a list of all the candidates whose names have been certified to the Secretary of State to be placed on the general election ballot.

"Subdivision 3. Upon petition of fifteen or more citizens from any one county to the Secretary of State, or in the event the Secretary of State may suspect that a violation of election laws may occur or has occurred, the Secretary of State may appoint inspectors to observe all functions, activities or procedures required by the elections laws of this State. Any such inspectors shall be responsible to the Secretary of State and he may terminate any appointment at any time. Any such inspectors may be present at or observe and take reasonable steps to evidence all activities, functions and procedures at any polling place, place of canvass, central counting station or other place where official elections functions take place. The Secretary of State or any member of his staff may, upon the initiative of the Secretary of State alone whether any violation of elections laws is suspected or not, be present at, observe and take