Bill Text: TX SB7 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
Spectrum: Partisan Bill (Republican 85-0)
Status: (Engrossed - Dead) 2021-05-30 - Point of order overruled Rule 13, Section 9(a)(2) [SB7 Detail]
Download: Texas-2021-SB7-Engrossed.html
Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
Spectrum: Partisan Bill (Republican 85-0)
Status: (Engrossed - Dead) 2021-05-30 - Point of order overruled Rule 13, Section 9(a)(2) [SB7 Detail]
Download: Texas-2021-SB7-Engrossed.html
By: Hughes, et al. | S.B. No. 7 |
|
||
|
||
relating to elections, including election integrity and security; | ||
creating criminal offenses; providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. VOTER REGISTRATION | ||
SECTION 1.01. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0194 to read as follows: | ||
Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the | ||
trial of a felony offense, if the defendant is 18 years of age or | ||
older and is adjudged guilty of the offense, the court shall: | ||
(1) make an affirmative finding that the person has | ||
been found guilty of a felony and enter the affirmative finding in | ||
the judgment of the case; and | ||
(2) instruct the defendant regarding how the felony | ||
conviction will impact the defendant's right to vote in this state. | ||
SECTION 1.02. Section 13.002, Election Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) A registration application must require the applicant | ||
to affirmatively indicate all information provided on the | ||
application. | ||
SECTION 1.03. Section 15.028, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [ |
||
is not eligible to vote may have registered to vote or [ |
||
deliver to the attorney general, the secretary of state, and the | ||
county or district attorney having jurisdiction in the territory | ||
covered by the election an affidavit stating the relevant facts. | ||
[ |
||
SECTION 1.04. Section 16.0332(a), Election Code, is amended | ||
to read as follows: | ||
(a) After the registrar receives a list under Section 18.068 | ||
of this code or Section 62.113, Government Code, of persons excused | ||
or disqualified from jury service or otherwise determined to be | ||
ineligible to vote because of citizenship status, the registrar | ||
shall deliver to each registered voter whose name appears on the | ||
list a written notice requiring the voter to submit to the registrar | ||
proof of United States citizenship in the form of a certified copy | ||
of the voter's birth certificate, United States passport, or | ||
certificate of naturalization or any other form prescribed by the | ||
secretary of state. The notice shall be delivered by forwardable | ||
mail to the mailing address on the voter's registration application | ||
and to any new address of the voter known to the registrar. | ||
SECTION 1.05. Section 18.065, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (e), (f), and (g) to | ||
read as follows: | ||
(a) The secretary of state shall monitor each registrar for | ||
substantial compliance with Sections 15.083, 16.032, 16.0332, and | ||
18.061 and with rules implementing the statewide computerized voter | ||
registration list. | ||
(e) If a registrar fails to correct a violation within 30 | ||
days of a notice under Subsection (b), the secretary of state shall | ||
correct the violation on behalf of the registrar. | ||
(f) A registrar is liable to this state for a civil penalty | ||
of $100 for each violation corrected by the secretary of state under | ||
Subsection (e). The attorney general may bring an action to recover | ||
a civil penalty imposed under this section. | ||
(g) A civil penalty collected by the attorney general under | ||
this section shall be deposited in the state treasury to the credit | ||
of the general revenue fund. | ||
SECTION 1.06. The changes in law made by this article apply | ||
only to an application for voter registration submitted on or after | ||
the effective date of this Act. | ||
ARTICLE 2. VOTING BY MAIL | ||
SECTION 2.01. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0011 to read as follows: | ||
Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS | ||
PROHIBITED. The early voting clerk may make no attempt to solicit a | ||
person to complete an application for an early voting ballot by | ||
mail, whether directly or through a third party. | ||
SECTION 2.02. Section 84.002, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An application for a ballot to be voted by mail on the | ||
ground of disability must require the applicant to affirmatively | ||
indicate that the applicant agrees with the statement "I have a | ||
sickness or physical condition that prevents me from appearing at | ||
the polling place on election day without a likelihood of needing | ||
personal assistance or injuring my health," as prescribed by | ||
Section 82.002(a). | ||
SECTION 2.03. Section 84.011(a), Election Code, is amended | ||
to read as follows: | ||
(a) The officially prescribed application form for an early | ||
voting ballot must include: | ||
(1) immediately preceding the signature space the | ||
statement: "I certify that the information given in this | ||
application is true, and I understand that giving false information | ||
in this application is a state jail felony [ |
||
(2) a statement informing the applicant of the | ||
offenses prescribed by Sections 84.003 and 84.004; | ||
(3) spaces for entering an applicant's voter | ||
registration number and county election precinct of registration, | ||
with a statement informing the applicant that failure to furnish | ||
that information does not invalidate the application; and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant applying on the | ||
ground of absence from the county of residence to indicate the date | ||
on or after which the applicant can receive mail at the address | ||
outside the county; | ||
(B) a space for indicating the fact that an | ||
applicant whose application is signed by a witness cannot make the | ||
applicant's mark and a space for indicating the relationship or | ||
lack of relationship of the witness to the applicant; | ||
(C) a space for entering an applicant's telephone | ||
number, with a statement informing the applicant that failure to | ||
furnish that information does not invalidate the application; | ||
(D) a space or box for an applicant applying on | ||
the ground of age or disability to indicate that the address to | ||
which the ballot is to be mailed is the address of a facility or | ||
relative described by Section 84.002(a)(3), if applicable; | ||
(E) a space or box for an applicant applying on | ||
the ground of confinement in jail to indicate that the address to | ||
which the ballot is to be mailed is the address of a relative | ||
described by Section 84.002(a)(4), if applicable; | ||
(F) a space for an applicant applying on the | ||
ground of age or disability to indicate if the application is an | ||
application under Section 86.0015; | ||
(G) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(H) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 2.04. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0111 to read as follows: | ||
Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF APPLICATION | ||
FORM. (a) Unless authorized by this code, an officer or employee | ||
of this state or of a political subdivision of this state may not | ||
distribute an application form for an early voting ballot to a | ||
person who did not request an application under Section 84.001. | ||
(b) An officer or employee of this state or of a political | ||
subdivision of this state may not use public funds to facilitate the | ||
distribution by another person of an application form for an early | ||
voting ballot to a person who did not request an application under | ||
Section 84.001. | ||
SECTION 2.05. Section 84.035, Election Code, is amended to | ||
read as follows: | ||
Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early | ||
voting clerk cancels an application by an applicant to whom an early | ||
voting ballot has been sent, the clerk shall: | ||
(1) remove the applicant's name from the early voting | ||
roster; and | ||
(2) make any other entries in the records and take any | ||
other action necessary to prevent the ballot from being counted if | ||
returned. | ||
(b) A person to whom an early voting ballot has been sent who | ||
cancels the person's application for a ballot to be voted by mail in | ||
accordance with Section 84.032 but fails to return the ballot to be | ||
voted by mail to the early voting clerk, deputy early voting clerk, | ||
or presiding judge as provided by that section may only vote a | ||
provisional ballot under Section 63.011. | ||
SECTION 2.06. Section 86.006, Election Code, is amended by | ||
amending Subsections (a) and (e) and adding Subsection (a-2) to | ||
read as follows: | ||
(a) A marked ballot voted under this chapter must be | ||
returned to the early voting clerk in the official carrier | ||
envelope. The carrier envelope may be delivered in another | ||
envelope and must be transported and delivered only by: | ||
(1) mail; | ||
(2) common or contract carrier; or | ||
(3) subject to Subsections [ |
||
(a-2), in-person delivery by the voter who voted the ballot. | ||
(a-2) An in-person delivery of a marked ballot voted under | ||
this chapter must be received by a person at the time of delivery. A | ||
ballot delivered in violation of this subsection may not be | ||
counted. | ||
(e) Carrier envelopes may not be collected and stored at | ||
another location for subsequent delivery to the early voting clerk. | ||
The secretary of state shall prescribe appropriate procedures to | ||
implement this subsection and to provide accountability for the | ||
delivery of the carrier envelopes from the voting place to the early | ||
voting clerk. A ballot delivered in violation of this subsection | ||
may not be counted. | ||
SECTION 2.07. Section 86.011(c), Election Code, is amended | ||
to read as follows: | ||
(c) If the return is not timely, the clerk shall enter the | ||
time of receipt on the carrier envelope and retain it in a locked | ||
container for the period for preserving the precinct election | ||
records. The clerk shall destroy the unopened envelope and its | ||
contents after the preservation period. | ||
SECTION 2.08. Chapter 86, Election Code, is amended by | ||
adding Section 86.015 to read as follows: | ||
Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT | ||
VOTED BY MAIL OR BALLOT VOTED BY MAIL. (a) The secretary of state | ||
shall develop or otherwise provide an online tool to each early | ||
voting clerk that enables a person who submits an application for a | ||
ballot to be voted by mail to track the location and status of the | ||
person's application and ballot on the secretary's Internet website | ||
and on the county's Internet website if the early voting clerk is | ||
the county clerk of a county that maintains an Internet website. | ||
(b) The online tool developed or provided under Subsection | ||
(a) must require the voter to provide, before permitting the voter | ||
to access information described by that subsection: | ||
(1) the voter's name and registration address and the | ||
last four digits of the voter's social security number; and | ||
(2) the voter's: | ||
(A) driver's license number; or | ||
(B) personal identification card number issued | ||
by the Department of Public Safety. | ||
(c) An online tool used under this section must update the | ||
applicable Internet website as soon as practicable after each of | ||
the following events occurs: | ||
(1) receipt by the early voting clerk of the person's | ||
application for a ballot to be voted by mail; | ||
(2) acceptance or rejection by the early voting clerk | ||
of the person's application for a ballot to be voted by mail; | ||
(3) placement in the mail by the early voting clerk of | ||
the person's official ballot; | ||
(4) receipt by the early voting clerk of the person's | ||
marked ballot; and | ||
(5) acceptance or rejection by the early voting ballot | ||
board of a person's marked ballot. | ||
(c-1) The information contained in Subsection (c) is not | ||
public information for the purposes of Chapter 552, Government | ||
Code, until after Election Day. | ||
(d) The secretary of state shall adopt rules and prescribe | ||
procedures as necessary to implement this section. | ||
SECTION 2.09. Section 87.027(i), Election Code, is amended | ||
to read as follows: | ||
(i) The signature verification committee shall compare the | ||
signature on each carrier envelope certificate, except those signed | ||
for a voter by a witness, with the signature on the voter's ballot | ||
application to determine whether the signatures are those of the | ||
voter. The committee may also compare the signatures with any | ||
known signature [ |
||
registrar to determine whether the signatures are those of the | ||
voter. Except as provided by Subsection (l), a determination under | ||
this subsection that the signatures are not those of the voter must | ||
be made by a majority vote of the committee's membership. The | ||
committee shall place the jacket envelopes, carrier envelopes, and | ||
applications of voters whose signatures are not those of the voter | ||
in separate containers from those of voters whose signatures are | ||
those of the voter. The committee chair shall deliver the sorted | ||
materials to the early voting ballot board at the time specified by | ||
the board's presiding judge. | ||
SECTION 2.10. Section 87.041(e), Election Code, is amended | ||
to read as follows: | ||
(e) In making the determination under Subsection (b)(2), | ||
the board may also compare the signatures with any known signature | ||
[ |
||
determine whether the signatures are those of the voter. | ||
SECTION 2.11. Sections 87.062(a) and (c), Election Code, | ||
are amended to read as follows: | ||
(a) On the direction of the presiding judge, the early | ||
voting ballot board, in accordance with Section 85.032(b), shall | ||
open the containers [ |
||
are to be counted by the board, remove the contents from each [ |
||
container, and remove any ballots enclosed in ballot envelopes from | ||
their envelopes. | ||
(c) Ballots voted by mail shall be tabulated separately from | ||
the ballots voted by personal appearance and shall be separately | ||
reported on the returns [ |
||
SECTION 2.12. Section 87.103, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a) | ||
The early voting electronic system ballots counted at a central | ||
counting station, the ballots cast at precinct polling places, and | ||
the ballots voted by mail shall be tabulated separately [ |
||
reported on the returns. | ||
(b) The early voting returns prepared at the central | ||
counting station must include any early voting results obtained by | ||
the early voting ballot board under Subchapter [ |
||
SECTION 2.13. Section 87.126, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Electronic records made under this section shall | ||
record both sides of any application, envelope, or ballot recorded, | ||
and all such records shall be provided to the early voting ballot | ||
board, the signature verification committee, or both. | ||
SECTION 2.14. The changes in law made by this article apply | ||
only to an application for an early voting ballot to be voted by | ||
mail that is submitted on or after the effective date of this Act. | ||
ARTICLE 3. ELECTION SECURITY | ||
SECTION 3.01. Section 33.006(b), Election Code, is amended | ||
to read as follows: | ||
(b) A certificate of appointment must: | ||
(1) be in writing and signed by the appointing | ||
authority or, for an appointment for a write-in candidate under | ||
Section 33.004, by each of the voters making the appointment; | ||
(2) indicate the capacity in which the appointing | ||
authority is acting; | ||
(3) state the name, residence address, and voter | ||
registration number of the appointee and be signed by the | ||
appointee; | ||
(4) identify the election and the precinct polling | ||
place or other location at which the appointee is to serve; and | ||
(5) in an election on a measure, identify the measure | ||
if more than one is to be voted on and state which side of the | ||
measure the appointee represents[ |
||
[ |
||
SECTION 3.02. Section 33.051(c), Election Code, is amended | ||
to read as follows: | ||
(c) [ |
||
possession of a [ |
||
the watcher for service. | ||
SECTION 3.03. Section 33.056, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (e) and (f) to read | ||
as follows: | ||
(a) Except as provided by Section 33.057, a watcher is | ||
entitled to observe any activity conducted at the location at which | ||
the watcher is serving. A watcher is entitled to sit or stand | ||
[ |
||
conducting the observed activity, except as otherwise prohibited by | ||
this chapter. | ||
(e) Except as provided by Section 33.057(b), a watcher may | ||
not be denied free movement within the location at which the watcher | ||
is serving. | ||
(f) In this code, a watcher who is entitled to "observe" an | ||
activity is entitled to sit or stand near enough to see and hear the | ||
activity. | ||
SECTION 3.04. Section 33.061, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An offense under Subsection (a) includes an action taken | ||
to distance or obstruct the view of a watcher in a way that makes | ||
observation reasonably ineffective. | ||
SECTION 3.05. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.063 to read as follows: | ||
Sec. 33.063. DELIVERY OF CERTAIN EVIDENCE TO SECRETARY OF | ||
STATE. (a) A watcher may electronically transmit a photo, video, | ||
or audio recording made by the watcher during the watcher's service | ||
directly to the secretary of state if the watcher reasonably | ||
believes the photo, video, or recording contains evidence of | ||
unlawful activity. The means of transmission must be approved by | ||
the secretary of state. | ||
(b) The secretary of state shall make a photo, video, or | ||
audio recording submitted under this section available to the | ||
attorney general upon request. | ||
(c) Except as expressly provided by this section, a watcher | ||
may not share or transmit a photo, video, or audio recording, or | ||
allow a photo, video, or audio recording to be shared or | ||
transmitted, if the photo, video, or recording was created by the | ||
watcher during the watcher's service. | ||
(d) The secretary of state shall adopt rules to administer | ||
this section. | ||
SECTION 3.06. Section 43.007, Election Code, is amended by | ||
amending Subsection (m) and adding Subsection (m-1) to read as | ||
follows: | ||
(m) In adopting a methodology under Subsection (f), the | ||
county must ensure that: | ||
(1) in a county with a population of less than one | ||
million: | ||
(A) each county commissioners precinct contains | ||
at least one countywide polling place; and | ||
(B) [ |
||
and temporary branch polling places open for voting in a county | ||
commissioners precinct does not exceed more than twice the number | ||
of permanent branch and temporary branch polling places in another | ||
county commissioners precinct; and | ||
(2) in a county with a population of one million or | ||
more, the number of polling places located in each state | ||
representative district included in the territory of the county is | ||
calculated by dividing the number of eligible voters residing in | ||
that district by the total number of eligible voters residing in the | ||
county and using the number generated as a percentage to allocate | ||
the same percentage of polling place locations, rounding up to the | ||
nearest whole number, if necessary. | ||
(m-1) Election officials and voting equipment, materials, | ||
and supplies must be allocated to each polling place based on the | ||
same percentage as polling place locations are determined under | ||
Subsection (m) with no greater than a five percent deviation in the | ||
allocation between state representative districts. Each polling | ||
place location must be able to accommodate 100 percent of the | ||
equipment allocated to be operational at the same time. | ||
SECTION 3.07. Section 43.031(b), Election Code, is amended | ||
to read as follows: | ||
(b) Each polling place shall be located inside a building. | ||
A polling place may not be located in a tent or other temporary | ||
moveable structure or in a facility primarily designed for motor | ||
vehicles. No voter may cast a vote from inside a motor vehicle | ||
unless the voter meets the requirements of Section 64.009. | ||
SECTION 3.08. Section 61.014, Election Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) A person, other than a watcher using the device solely | ||
to record image or sound as permitted under Subsection (b), may not | ||
use a wireless communication device within 100 feet of a voting | ||
station. | ||
(b) A person, other than a watcher, may not use a [ |
||
mechanical or electronic device to record [ |
||
images or sound at a polling place. A watcher may use such a device | ||
to record images or sound at a polling place, except that a watcher | ||
may record activity [ |
||
only if the voter is receiving assistance the watcher reasonably | ||
believes to be unlawful. | ||
(b-1) A recording made by a watcher under Subsection (b) may | ||
not capture or record any information on a voter's ballot. | ||
SECTION 3.09. Section 64.007(c), Election Code, is amended | ||
to read as follows: | ||
(c) An election officer shall maintain a register of spoiled | ||
ballots at the polling place, including spoiled ballots from a | ||
direct recording electronic voting unit. An election officer shall | ||
enter on the register the name of each voter who returns a spoiled | ||
ballot and the spoiled ballot's number. | ||
SECTION 3.10. Section 64.009, Election Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1), (e), (f), | ||
(f-1), (g), and (h) to read as follows: | ||
(b) The regular voting procedures, except those in | ||
Subchapter B, may be modified by the election officer to the extent | ||
necessary to conduct voting under this section. | ||
(b-1) A person other than the voter is only permitted to be | ||
inside the motor vehicle while the voter votes if the person would | ||
be entitled to accompany the voter to the voting station under other | ||
law. | ||
(e) Except as provided by Section 33.057, a poll watcher is | ||
entitled to observe any activity conducted under this section. | ||
(f) A person who simultaneously assists three or more voters | ||
voting under this section by providing the voters with | ||
transportation to the polling place must complete and sign a form, | ||
provided by an election officer, that contains the person's name | ||
and address and whether the person is providing assistance solely | ||
under this section or under both this section and Subchapter B. | ||
(f-1) Subsection (f) does not apply if the person is related | ||
to each voter within the second degree by affinity or the third | ||
degree by consanguinity, as determined under Subchapter B, Chapter | ||
573, Government Code. | ||
(g) A form completed under Subsection (f) shall be delivered | ||
to the secretary of state as soon as practicable. The secretary | ||
shall retain a form delivered under this section for the period for | ||
preserving the precinct election records and shall make the form | ||
available to the attorney general for inspection if the attorney | ||
general has received a complaint to which the information may be | ||
responsive. | ||
(h) The secretary of state shall prescribe the form | ||
described by Subsection (f). | ||
SECTION 3.11. Subchapter B, Chapter 64, Election Code, is | ||
amended by adding Section 64.0322 to read as follows: | ||
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A | ||
person, other than an election officer, who assists a voter in | ||
accordance with this chapter is required to complete a form | ||
stating: | ||
(1) the name and address of the person assisting the | ||
voter; | ||
(2) the manner in which the person assisted the voter; | ||
(3) the reason the assistance was necessary; and | ||
(4) the relationship of the assistant to the voter. | ||
(b) The secretary of state shall prescribe the form required | ||
by this section. The form must be incorporated into the official | ||
carrier envelope if the voter is voting an early voting ballot by | ||
mail and receives assistance under Section 86.010, or must be | ||
submitted to an election officer at the time the voter casts a | ||
ballot if the voter is voting at a polling place or under Section | ||
64.009. | ||
SECTION 3.12. Subchapter A, Chapter 65, Election Code, is | ||
amended by adding Section 65.016 to read as follows: | ||
Sec. 65.016. VOTE COUNTING EQUIPMENT. Beginning January 1, | ||
2024, no equipment to count votes shall be used that is capable of | ||
being connected to the Internet or any other computer network. | ||
SECTION 3.13. Section 66.052, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY. | ||
(a) A delivery of election records or supplies that is to be | ||
performed by the presiding judge may be performed by an election | ||
clerk designated by the presiding judge. | ||
(b) The presiding judge or an election clerk designated by | ||
the presiding judge under this section must keep records of each | ||
person that has custody of a precinct election record until the | ||
records are delivered. | ||
SECTION 3.14. Sections 66.058(b) and (g), Election Code, | ||
are amended to read as follows: | ||
(b) For a period of at least 60 days after the date of the | ||
election, or until any election contest is resolved, whichever is | ||
longer, the voted ballots shall be preserved securely in a locked | ||
room in the locked ballot box in which they are delivered to the | ||
general custodian of election records. On the 61st day after | ||
election day, or the day an election contest is resolved, whichever | ||
is later, the general custodian of election records may: | ||
(1) require a person who has possession of a key that | ||
operates the lock on a ballot box containing voted ballots to return | ||
the key to the custodian; and | ||
(2) unlock the ballot box and transfer the voted | ||
ballots to another secure container for the remainder of the | ||
preservation period. | ||
(g) Electronic records created under Chapter 129 shall be | ||
preserved in a secure container. An electronic device used to store | ||
records may not be altered in any manner as to delete or overwrite | ||
the records during the preservation period. | ||
SECTION 3.15. Section 85.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except | ||
as provided by Subsection (c), in an election in which a county | ||
clerk [ |
||
83.002 [ |
||
early voting polling place shall be conducted on each weekday of | ||
[ |
||
holiday and for a period of at least nine hours, except that voting | ||
may not be conducted earlier than 6 a.m. or later than 9 p.m. | ||
[ |
||
(b) In an election to which Subsection (a) does not apply, | ||
early voting by personal appearance at the main early voting | ||
polling place shall be conducted at least nine [ |
||
weekday of the early voting period that is not a legal state holiday | ||
unless the territory covered by the election has fewer than 1,000 | ||
registered voters. In that case, the voting shall be conducted at | ||
least four [ |
||
election, or the county clerk if that person is the early voting | ||
clerk, shall determine which hours the voting is to be conducted. | ||
(c) In a county with a population of 30,000 [ |
||
more, the voting in a primary election or the general election for | ||
state and county officers shall be conducted at the main early | ||
voting polling place for [ |
||
last week of the early voting period, and the voting in a special | ||
election ordered by the governor shall be conducted at the main | ||
early voting polling place for [ |
||
last two days of the early voting period. Voting under this | ||
subsection may not be conducted earlier than 6 a.m. or later than 9 | ||
p.m. Voting shall be conducted in accordance with this subsection | ||
in those elections in a county with a population under 30,000 | ||
[ |
||
for the extended hours submitted by at least 15 registered voters of | ||
the county. The request must be submitted in time to enable | ||
compliance with Section 85.067. | ||
[ |
||
[ |
||
[ |
||
SECTION 3.16. Subchapter A, Chapter 85, Election Code, is | ||
amended by adding Section 85.0055 to read as follows: | ||
Sec. 85.0055. VOTING AFTER POLLS CLOSE. (a) A voter who | ||
has not voted before the time for closing an early voting polling | ||
place is entitled to vote after that time if the voter is inside or | ||
waiting to enter the polling place at closing time. | ||
(b) If voters are waiting to enter the polling place at | ||
closing time, the presiding judge shall direct them to enter the | ||
polling place and shall close it to others. However, if that | ||
procedure is impracticable, at closing time the presiding judge | ||
shall distribute numbered identification cards to the waiting | ||
voters and permit entry into the polling place for voting after | ||
closing time only by those possessing a card. | ||
(c) The presiding judge shall take the precautions | ||
necessary to prevent voting after closing time by persons who are | ||
not entitled to do so. | ||
SECTION 3.17. Section 85.006(b), Election Code, is amended | ||
to read as follows: | ||
(b) In an election in which a county clerk [ |
||
or Sunday. The clerk must do so by written order. | ||
SECTION 3.18. Section 85.010(a-1), Election Code, is | ||
amended to read as follows: | ||
(a-1) In this section, "eligible county polling place" | ||
means an early voting polling place[ |
||
SECTION 3.19. Section 85.033, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close | ||
of early voting each day, the early voting clerk shall secure each | ||
voting machine used for early voting in the manner prescribed by the | ||
secretary of state so that its unauthorized operation is prevented. | ||
The clerk shall unsecure the machine before the beginning of early | ||
voting the following day. | ||
(b) A voting machine used for early voting may not be | ||
removed from the polling place until the polls close on election | ||
day. A defective, or in need of repair, machine may be removed from | ||
service and replaced. | ||
SECTION 3.20. Section 85.061(a), Election Code, is amended | ||
to read as follows: | ||
(a) In a countywide election in which the county clerk is | ||
the early voting clerk under Section 83.002, an early voting | ||
polling place shall be located inside [ |
||
is regularly maintained for conducting general clerical functions | ||
of the county clerk, except as provided by Subsection (b). If a | ||
suitable room is unavailable inside the branch office, the polling | ||
place may be located in another room inside the same building as the | ||
branch office. The polling place may not be located in a tent or | ||
other temporary movable structure or a parking garage, parking lot, | ||
or similar facility designed primarily for motor vehicles. | ||
SECTION 3.21. Section 85.062, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (f-1) to read as | ||
follows: | ||
(b) A polling place established under this section may be | ||
located, subject to Subsection (d), at any place in the territory | ||
served by the early voting clerk and may be located inside [ |
||
building [ |
||
establishing the branch office. The polling place may not be | ||
located in a tent or other temporary movable structure or a parking | ||
garage, parking lot, or similar facility designed primarily for | ||
motor vehicles in the general election for state and county | ||
officers, general primary election, or runoff primary election. | ||
Ropes or other suitable objects may be used at the polling place to | ||
ensure compliance with Section 62.004. Persons who are not | ||
expressly permitted by law to be in a polling place shall be | ||
excluded from the polling place to the extent practicable. | ||
(f-1) Notwithstanding any other provision of this section | ||
concerning the location of temporary branch polling places, in an | ||
election in which countywide polling places are used under Section | ||
43.007, the commissioners court of a county shall employ the same | ||
methodology it uses to determine the location of countywide polling | ||
places to determine the location of temporary branch polling | ||
places. | ||
SECTION 3.22. Chapter 121, Election Code, is amended by | ||
adding Section 121.004 to read as follows: | ||
Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR | ||
PUBLIC INFORMATION. Notwithstanding any other law, including | ||
Chapter 552, Government Code, a written letter, e-mail, or other | ||
communication, including a communication made confidential by | ||
other law, between a public official and a voting systems vendor: | ||
(1) is not confidential; | ||
(2) is public information for purposes of Chapter 552, | ||
Government Code; and | ||
(3) is not subject to an exception to disclosure | ||
provided by Chapter 552, Government Code. | ||
SECTION 3.23. Section 124.002, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Voting system ballots may not be arranged in a manner | ||
that allows a political party's candidates to be selected in one | ||
motion or gesture. | ||
SECTION 3.24. Subchapter A, Chapter 125, Election Code, is | ||
amended by adding Section 125.0071 to read as follows: | ||
Sec. 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A | ||
voting machine or ballot marking device must allow a voter the | ||
option to cast or complete the voter's ballot without voting on all | ||
races or measures if the voter affirmatively chooses to do so. | ||
SECTION 3.25. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Section 127.008 to read as follows: | ||
Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING | ||
STATION. (a) A counting station manager and the presiding judge of | ||
the counting station shall develop a protocol under which any | ||
electronic device inside a central counting station that is | ||
necessary to count votes is equipped with software that tracks all | ||
input and activity on the electronic device. | ||
(b) The counting station manager and the presiding judge of | ||
the counting station shall ensure that the input and activity | ||
tracked by the software is printed and delivered to the secretary of | ||
state not later than the fifth day after vote counting is complete. | ||
SECTION 3.26. Section 127.1232, Election Code, is amended | ||
to read as follows: | ||
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general | ||
custodian of election records shall post a licensed peace officer | ||
[ |
||
ballots throughout the period of tabulation at the central counting | ||
station. | ||
(b) The general custodian of election records in a county | ||
with a population of less than 100,000 may, and the general | ||
custodian of election records in a county with a population of | ||
100,000 or more shall, implement a video surveillance system that | ||
retains a record of all areas containing voted ballots from the time | ||
the voted ballots are delivered to the central counting station | ||
until the canvass of precinct election returns. The video may be | ||
made available to the public by a livestream in a county with a | ||
population of less than 100,000, and shall be made available to the | ||
public by a livestream in a county with a population of 100,000 or | ||
more. | ||
(c) The video recorded is an election record under Section | ||
1.012 and shall be retained by the general custodian of election | ||
records until the end of the calendar year in which an election is | ||
held or until an election contest filed in the county has been | ||
resolved, whichever is later. | ||
SECTION 3.27. Section 127.1301, Election Code, is amended | ||
to read as follows: | ||
Sec. 127.1301. [ |
||
CENTRALLY COUNTED OPTICAL SCAN BALLOTS [ |
||
scan ballots, the undervotes and overvotes on those ballots shall | ||
be tallied, tabulated, and reported by race and by election | ||
precinct in the form and manner prescribed by the secretary of | ||
state. | ||
(b) After January 1, 2024, an authority operating a central | ||
counting station under this chapter may not purchase or use a | ||
centrally counted optical ballot scan system that uses a data | ||
storage disc on which information, once written, is capable of | ||
being modified. | ||
SECTION 3.28. Subchapter A, Chapter 129, Election Code, is | ||
amended by adding Section 129.003 to read as follows: | ||
Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this | ||
section, "auditable voting system" means a voting system that: | ||
(1) uses a paper record; or | ||
(2) produces a paper record by which a voter can verify | ||
that the voter's ballot will be counted accurately. | ||
(b) Except as provided by Subsection (e), a voting system | ||
that consists of direct recording electronic voting machines may | ||
not be used in an election unless the system is an auditable voting | ||
system. | ||
(c) Except for a recount under Title 13 or an election | ||
contest under Title 14, the electronic vote is the official record | ||
of the ballot. For a recount of ballots cast on a system involving | ||
direct recording electronic voting machines, or in an election | ||
contest, the paper record is the official record of the vote cast. | ||
(d) An authority that purchased a voting system other than | ||
an auditable voting system after September 1, 2016, and before | ||
September 1, 2021, may use available federal funding and, if | ||
federal funding is not available, available state funding to | ||
retrofit the purchased voting system as an auditable voting system | ||
in accordance with the following schedule: | ||
(1) if the voting system was retrofitted as an | ||
auditable voting system not later than the election taking place | ||
November 8, 2022, the authority is eligible to have 100 percent of | ||
the cost of retrofitting reimbursed under this section; and | ||
(2) if the authority is not eligible for a 100 percent | ||
reimbursement of cost under Subdivision (1) and the voting system | ||
was retrofitted as an auditable voting system not later than the | ||
election taking place November 3, 2026, the authority is eligible | ||
to have 50 percent of the cost of retrofitting reimbursed under this | ||
section. | ||
(e) Subsections (a)-(c) do not apply to an election held | ||
before September 1, 2026. | ||
(f) Before opening the polls for voting, the presiding | ||
election judge shall confirm that each voting machine has any | ||
public counter reset to zero and shall print the tape that shows the | ||
counter was set to zero. After closing the polls for voting, the | ||
presiding election judge shall print the tape that shows the number | ||
of votes cast. Each election judge present shall sign a tape | ||
printed under this subsection. | ||
SECTION 3.29. Section 129.023, Election Code, is amended by | ||
adding Subsections (b-2) and (c-1) to read as follows: | ||
(b-2) If the test is being conducted for an election in | ||
which a county election board has been established under Section | ||
51.002, the general custodian of election records shall notify each | ||
member of the board of the test at least 48 hours before the date of | ||
the test. If the county election board chooses to witness the test, | ||
each member shall sign the statement required by Subsection (e)(1). | ||
(c-1) A test conducted under this section must also require | ||
the general custodian of election records to demonstrate, using a | ||
representative sample of voting system equipment, that the source | ||
code of the equipment has not been altered. | ||
SECTION 3.30. Section 216.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 216.001. APPLICABILITY OF CHAPTER. (a) Except as | ||
provided by Subsection (b), this [ |
||
election that results in a tie vote as provided by Sections | ||
2.002(i), 2.023(b) and (c), and 2.028. | ||
(b) If the results of an election show that the number of | ||
votes cast in an election precinct exceeds the number of registered | ||
voters in the precinct, the authority designated under Section | ||
212.026 shall initiate an automatic recount for that precinct in | ||
accordance with this chapter. | ||
SECTION 3.31. Section 81.032, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The | ||
commissioners court may accept a donation of labor or services, | ||
gift, grant, donation, bequest, or devise of money or other | ||
property on behalf of the county, including a donation under | ||
Chapter 38, Government Code, for the purpose of performing a | ||
function conferred by law on the county or a county officer. | ||
(b) The commissioners court may not accept a donation | ||
described in Subsection (a) of over $1,000 for use in administering | ||
elections without the written consent of the secretary of state. | ||
(c) The secretary of state may grant consent under | ||
Subsection (b) only if: | ||
(1) the secretary consults with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives on the proposed donation; and | ||
(2) the governor, the lieutenant governor, and the | ||
speaker of the house of representatives unanimously agree to the | ||
secretary's grant of consent. | ||
SECTION 3.32. The changes in law made by this article apply | ||
only to an election ordered on or after the effective date of this | ||
Act. An election ordered before the effective date of this Act is | ||
governed by the law in effect when the election was ordered, and the | ||
former law is continued in effect for that purpose. | ||
ARTICLE 4. ENFORCEMENT | ||
SECTION 4.01. Subchapter E, Chapter 31, Election Code, is | ||
amended by adding Sections 31.126 and 31.127 to read as follows: | ||
Sec. 31.126. RESTRICTION ON ELIGIBILITY. (a) In this | ||
section, "election official" means: | ||
(1) a county clerk; | ||
(2) a permanent or temporary deputy county clerk; | ||
(3) an elections administrator; | ||
(4) a permanent or temporary employee of an elections | ||
administrator; | ||
(5) an election judge; | ||
(6) an alternate election judge; | ||
(7) an early voting clerk; | ||
(8) a deputy early voting clerk; | ||
(9) an election clerk; | ||
(10) the presiding judge of an early voting ballot | ||
board; | ||
(11) the alternate presiding judge of an early voting | ||
ballot board; | ||
(12) a member of an early voting ballot board; | ||
(13) the chair of a signature verification committee; | ||
(14) the vice chair of a signature verification | ||
committee; | ||
(15) a member of a signature verification committee; | ||
(16) the presiding judge of a central counting | ||
station; | ||
(17) the alternate presiding judge of a central | ||
counting station; | ||
(18) a central counting station manager; | ||
(19) a central counting station clerk; | ||
(20) a tabulation supervisor; and | ||
(21) an assistant to a tabulation supervisor. | ||
(b) A person may not serve as an election official if the | ||
person has been finally convicted of an offense under Section | ||
33.061. | ||
Sec. 31.127. CIVIL PENALTY. (a) In this section, "election | ||
official" has the meaning assigned by Section 31.126. | ||
(b) An election official may be liable to this state for a | ||
civil penalty if the official: | ||
(1) is employed by or is an officer of this state or a | ||
political subdivision of this state; and | ||
(2) violates a provision of this code. | ||
(c) A civil penalty imposed under this section may include | ||
termination of the person's employment and loss of the person's | ||
employment benefits. | ||
SECTION 4.02. Section 33.051, Election Code, is amended by | ||
adding Subsections (g) and (h) to read as follows: | ||
(g) An election officer commits an offense if the officer | ||
knowingly refuses to accept a watcher for service whose acceptance | ||
is required by this code. An offense under this section is a Class A | ||
misdemeanor. | ||
(h) Before accepting a watcher, the officer presented with a | ||
watcher's certificate of appointment shall require the watcher to | ||
take the following oath, administered by the officer: "I swear (or | ||
affirm) that I will not disrupt the voting process or harass voters | ||
in the discharge of my duties." | ||
SECTION 4.03. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.062 to read as follows: | ||
Sec. 33.062. INJUNCTIVE RELIEF. A watcher, or the | ||
appointing authority for a watcher, is entitled to injunctive | ||
relief under Section 273.081 to enforce this chapter, including | ||
issuance of temporary orders. | ||
SECTION 4.04. Section 87.0431(b), Election Code, is amended | ||
to read as follows: | ||
(b) The early voting clerk shall, not later than the 30th | ||
day after election day, deliver notice to the attorney general, | ||
including certified copies of the carrier envelope and | ||
corresponding ballot application, of any ballot rejected because: | ||
(1) the voter was deceased; | ||
(2) the voter already voted in person in the same | ||
election; | ||
(3) the signatures on the carrier envelope and ballot | ||
application were not executed by the same person; | ||
(4) the carrier envelope certificate lacked a witness | ||
signature; [ |
||
(5) the carrier envelope certificate was improperly | ||
executed by an assistant; or | ||
(6) any form of voter fraud was committed. | ||
SECTION 4.05. Section 232.006(a), Election Code, is amended | ||
to read as follows: | ||
(a) The venue of an election contest for a statewide office | ||
is in Travis County or any county where a contestee resided at the | ||
time of the election. For purposes of this section, a contestee's | ||
residence is determined under Section 411.0257, Government Code. | ||
SECTION 4.06. Chapter 232, Election Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD | ||
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter | ||
applies to an election contest in which the contestant alleges in | ||
the petition that an opposing candidate, an agent of the opposing | ||
candidate, or a person acting on behalf of the opposing candidate | ||
with the candidate's knowledge committed election fraud under any | ||
of the following sections of this code: | ||
(1) Section 13.007; | ||
(2) Section 64.012; | ||
(3) Section 64.036; | ||
(4) Section 84.003; | ||
(5) Section 84.0041; | ||
(6) Section 86.0051; | ||
(7) Section 86.006; | ||
(8) Section 86.010; or | ||
(9) Section 276.013. | ||
Sec. 232.062. EVIDENTIARY STANDARD. A contestant must | ||
prove an allegation described by Section 232.061 by a preponderance | ||
of the evidence. | ||
Sec. 232.063. CIVIL PENALTY. (a) If the court in its | ||
judgment finds that the contestee, an agent of the contestee, or a | ||
person acting on behalf of the contestee with the contestee's | ||
knowledge committed one or more violations of a section described | ||
by Section 232.061, the contestee is liable to this state for a | ||
civil penalty of $1,000 for each violation. | ||
(b) A penalty collected under this section by the attorney | ||
general shall be deposited in the state treasury to the credit of | ||
the general revenue fund. | ||
Sec. 232.064. ATTORNEY'S FEES. In an election contest to | ||
which this subchapter applies, the court may award reasonable | ||
attorney's fees to the prevailing party. | ||
SECTION 4.07. Section 276.013(a), Election Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person knowingly or | ||
intentionally makes any effort to: | ||
(1) influence the independent exercise of the vote of | ||
another in the presence of the ballot or during the voting process; | ||
(2) cause a voter to become registered, a ballot to be | ||
obtained, or a vote to be cast under false pretenses; [ |
||
(3) count votes or alter a report to include votes the | ||
person knows are invalid; | ||
(4) refuse to count valid votes or alter a report to | ||
exclude valid votes; or | ||
(5) [ |
||
statement, representation, or information to be provided: | ||
(A) to an election official; or | ||
(B) on an application for ballot by mail, carrier | ||
envelope, or any other official election-related form or document. | ||
SECTION 4.08. Chapter 276, Election Code, is amended by | ||
adding Sections 276.014 and 276.015 to read as follows: | ||
Sec. 276.014. PAID VOTE HARVESTING. (a) In this section | ||
and Section 276.015, "vote harvesting services" means direct | ||
interaction with one or more voters in connection with an official | ||
ballot, a ballot voted by mail, or an application for ballot by | ||
mail, intended to deliver votes for a specific candidate or | ||
measure. | ||
(b) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide the | ||
vote harvesting services in exchange for compensation or other | ||
benefit, including benefits to a party whose welfare is of interest | ||
to the person. | ||
(c) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide | ||
compensation or other benefit to a person, or to another party whose | ||
welfare is of interest to the person, in exchange for the vote | ||
harvesting services. | ||
(d) A person commits an offense if the person knowingly | ||
collects or possesses a ballot voted by mail or official carrier | ||
envelope from a voter in connection with the vote harvesting | ||
services. | ||
(e) This section does not apply to acts promoting a | ||
candidate or measure that do not involve direct interaction with: | ||
(1) an application for ballot by mail, in the presence | ||
of the voter; or | ||
(2) a voter's official ballot, ballot voted by mail, or | ||
carrier envelope. | ||
(f) In this section, compensation in exchange for the vote | ||
harvesting services is inferred if a person who performed the vote | ||
harvesting services for a candidate or campaign solicits, receives, | ||
or is offered compensation from the candidate or campaign, directly | ||
or through a third party, for services other than the vote | ||
harvesting services provided. | ||
(g) An offense under this section is a felony of the third | ||
degree. | ||
(h) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING. | ||
(a) A person who is shown by a preponderance of the evidence to have | ||
violated Section 276.014 is liable to any candidate harmed by the | ||
vote harvesting services for damages and penalties that may be | ||
awarded under Subsection (c). | ||
(b) A person is harmed by the vote harvesting services if | ||
the person can demonstrate that: | ||
(1) the person was a candidate for office; | ||
(2) the liable party committed an offense under | ||
Section 276.014; and | ||
(3) another candidate seeking the same office as the | ||
person received a vote attributable to the offense, regardless of | ||
whether the other candidate knowingly participated in the vote | ||
harvesting services. | ||
(c) A litigant who prevails in an action under Subsection | ||
(b) shall recover from any person who committed the unlawful vote | ||
harvesting services damages in an amount including: | ||
(1) the amount of any compensation paid to or received | ||
by the person in exchange for the vote harvesting services; | ||
(2) the fair market value of any benefit given or | ||
received in exchange for the vote harvesting services; | ||
(3) a penalty in the amount of $25,000; and | ||
(4) reasonable attorney's fees, court costs, witness | ||
fees, and deposition fees. | ||
(d) A litigant who prevails in an action under Subsection | ||
(b) and shows that the number of voters contacted by the vote | ||
harvesting services exceeds the number of votes by which the | ||
litigant lost the election shall recover from the person liable for | ||
the unlawful vote harvesting services punitive damages in an amount | ||
including: | ||
(1) any of the litigant's campaign expenditures | ||
properly filed on a campaign finance report in connection with the | ||
election; and | ||
(2) any fees and expenses incurred by the litigant in | ||
filing and securing a place on the ballot. | ||
(e) A person who commits an offense under Section 276.014 | ||
and is found liable under this chapter or other law for any amount | ||
of damages arising from the vote harvesting services is jointly | ||
liable with any other defendant for the entire amount of damages | ||
arising from the vote harvesting services. | ||
(f) The cause of action created by this section is | ||
cumulative to any other remedy provided by common law or statute. | ||
(g) The expedited actions process created by Rule 169, Texas | ||
Rules of Civil Procedure, does not apply to an action under this | ||
section. | ||
(h) Chapter 27, Civil Practice and Remedies Code, does not | ||
apply to a cause of action under this section. | ||
(i) A cause of action under this section may be brought in | ||
the county where any part of the vote harvesting services occurred. | ||
SECTION 4.09. (a) The changes in law made by this article | ||
apply only to an election contest for which the associated election | ||
occurred after the effective date of this Act. | ||
(b) The changes in law made by this article apply only to an | ||
election ordered on or after the effective date of this Act. An | ||
election ordered before the effective date of this Act is governed | ||
by the law in effect when the election was ordered, and the former | ||
law is continued in effect for that purpose. | ||
ARTICLE 5. REPEALER AND EFFECTIVE DATE | ||
SECTION 5.01. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 85.062(e); and | ||
(2) Section 127.201(f). | ||
SECTION 5.02. The secretary of state is required to | ||
implement Section 86.015, Election Code, as added by this Act, only | ||
if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the secretary of state may, but is | ||
not required to, implement Section 86.015, Election Code, using | ||
other appropriations available for that purpose. | ||
SECTION 5.03. Subject to Section 5.02 of this Act, this Act | ||
takes effect September 1, 2021. |