85S12226 ADM-D
	By: Goldman, Laubenberg, Bonnen of Brazoria,	H.B. No. 184
	Anderson of Dallas, Burkett, et al.
	Substitute the following for H.B. No. 184:
	By:  Anderson of Dallas	C.S.H.B. No. 184

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prevention of fraud in the conduct of an election;
	creating criminal offenses; increasing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 64.012(a), Election Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person:
	(1)  votes or attempts to vote in an election in which
	the person knows the person is not eligible to vote;
	(2)  knowingly votes or attempts to vote more than once
	in an election;
	(3)  knowingly [impersonates another person and] votes
	or attempts to vote a ballot belonging to another person, or by
	impersonating another [as the impersonated] person; or
	(4)  knowingly marks or attempts to mark any portion of
	another person's ballot without the consent of that person, or
	without specific direction from that person how to mark the ballot.
	SECTION 2.  Section 66.058(a), Election Code, is amended to
	read as follows:
	(a)  Except as otherwise provided by this code, the precinct
	election records shall be preserved by the authority to whom they
	are distributed[:
	[(1)  in an election involving a federal office,] for
	at least 22 months after election day [in accordance with federal
	law; or
	[(2)     in an election not involving a federal office,
	for at least six months after election day].
	SECTION 3.  Section 84.001(b), Election Code, is amended to
	read as follows:
	(b)  An application must be in writing and signed by the
	applicant. An electronic signature is not permitted.
	SECTION 4.  Section 84.0041, Election Code, is amended to
	read as follows:
	Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE
	INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
	commits an offense if the person:
	(1)  knowingly provides false information on an
	application for [an early voting] ballot by mail;
	(2)  intentionally causes false information to be
	provided on an application for ballot by mail;
	(3)  knowingly submits an application for ballot by
	mail without the knowledge and authorization of the voter; or
	(4)  knowingly and without the voter's authorization
	alters information provided by the voter on an application for
	ballot by mail.
	(b)  An offense under this section is a state jail felony
	[unless the person is the applicant, is related to the applicant
	within the second degree by affinity or the third degree by
	consanguinity, as determined under Subchapter B, Chapter 573,
	Government Code, or is registered to vote at the same address as the
	applicant, in which event the offense is a Class A misdemeanor].
	(c)  An offense under Subsection (a)(4) does not apply to an
	early voting clerk or deputy early voting clerk who receives and
	marks an application for administrative purposes only.
	(d)  An offense under this section is increased to the next
	higher category of offense if it is shown on the trial of an offense
	under this section that:
	(1)  the defendant was previously convicted of an
	offense under this code;
	(2)  the offense involved a voter 65 years of age or
	older; or
	(3)  the defendant committed another offense under this
	section in the same election.
	SECTION 5.  Section 84.007, Election Code, is amended by
	amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  An application must be submitted to the early voting
	clerk by:
	(1)  mail;
	(2)  common or contract carrier;
	(3)  subject to Subsection (b-1), telephonic facsimile
	machine, if a machine is available in the clerk's office; or
	(4)  subject to Subsection (b-1), electronic
	transmission of a scanned application containing an original
	signature.
	(b-1)  For an application for ballot by mail submitted by
	telephonic facsimile machine or electronic transmission to be
	effective, the application also must be submitted by mail and be
	received by the registrar not later than the fourth business day
	after the transmission by telephonic facsimile machine or
	electronic transmission is received.
	SECTION 6.  Section 84.032(c), Election Code, is amended to
	read as follows:
	(c)  An applicant may submit a request after the close of
	early voting by personal appearance by appearing in person and:
	(1)  returning the ballot to be voted by mail to the
	early voting clerk; or
	(2)  executing an affidavit that the applicant:
	(A)  has not received the ballot to be voted by
	mail; or
	(B)  never requested a ballot to be voted by mail.
	SECTION 7.  Section 84.037, Election Code, is amended to
	read as follows:
	Sec. 84.037.  PRESERVATION OF DOCUMENTS. (a) The early
	voting clerk shall preserve each cancellation request for the
	period for preserving the precinct election records. If the
	application is canceled, the clerk shall attach it and the
	corresponding ballot materials, if available, to the cancellation
	request and preserve it with the request.
	(b)  The early voting clerk shall, not later than the 30th
	day after election day, deliver notice to the attorney general of
	cancellation requests received, including certified copies of
	cancellation requests, applications, and carrier envelopes, if
	available.
	(c)  The attorney general shall prescribe the form and manner
	of submission under Subsection (b). The secretary of state shall
	adopt rules as necessary to implement the requirements prescribed
	under this subsection.
	SECTION 8.  Sections 86.003(a) and (b), Election Code, as
	effective September 1, 2017, are amended to read as follows:
	(a)  The balloting materials for voting by mail shall be
	provided to the voter by mail [, unless the ballot is delivered to a
	voter for early voting under Chapter 107]. A ballot provided by any
	other method may not be counted.
	(b)  Subject to Subsection (c), the balloting materials
	shall be addressed to the applicable address specified in the
	voter's application. The election officer providing the ballot may
	not knowingly mail [deliver] the materials to an address other than
	that prescribed by this section.
	SECTION 9.  Section 86.004(a), Election Code, as effective
	September 1, 2017, is amended to read as follows:
	(a)  Except as provided by Subsection (b) [or (c)], the
	balloting materials for voting by mail shall be mailed to a voter
	entitled to vote by mail not later than the seventh calendar day
	after the later of the date the clerk accepts the voter's
	application for a ballot to be voted by mail or the date the ballots
	become available for mailing, except that if that mailing date is
	earlier than the 45th day before election day, the balloting
	materials shall be mailed not later than the 38th day before
	election day.
	SECTION 10.  The heading to Section 86.0051, Election Code,
	is amended to read as follows:
	Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
	OTHER THAN VOTER[; OFFENSES].
	SECTION 11.  Section 86.0051, Election Code, is amended by
	amending Subsections (b), (d), and (e) and adding Subsection (f) to
	read as follows:
	(b)  A person other than the voter who assists a voter by
	depositing [deposits] the carrier envelope in the mail or with a
	common or contract carrier or who obtains the carrier envelope for
	that purpose must provide the person's signature, printed name, and
	residence address on the reverse side of the envelope.
	(d)  An offense under this section is a Class A [B]
	misdemeanor, unless it is shown on the trial of an offense under
	this section that the person committed [is convicted of] an offense
	under Section 64.036 for providing unlawful assistance to the same
	voter in connection with the same ballot, in which event the offense
	is a state jail felony.
	(e)  This section does  [Subsections (a) and (c) do] not
	apply if the person is related to the voter [applicant] within the
	second degree by affinity or the third degree by consanguinity, as
	determined under Subchapter B, Chapter 573, Government Code, or was
	physically living in [is registered to vote at] the same dwelling
	[address] as the voter at the time of the event [applicant].
	(f)  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.
	SECTION 12.  Sections 86.006(f), (g), and (g-1), Election
	Code, are amended to read as follows:
	(f)  A person commits an offense if the person knowingly
	possesses an official ballot or official carrier envelope provided
	under this code to another. Unless the person possessed the ballot
	or carrier envelope with intent to defraud the voter or the election
	authority, this subsection does not apply to a person who, on the
	date of the offense, was:
	(1)  related to the voter within the second degree by
	affinity or the third degree by consanguinity, as determined under
	Subchapter B, Chapter 573, Government Code;
	(2)  physically living in [registered to vote at] the
	same dwelling [address] as the voter;
	(3)  an early voting clerk or a deputy early voting
	clerk;
	(4)  a person who possesses a ballot or [the] carrier
	envelope solely for the purpose of lawfully assisting a voter who
	was eligible for assistance under Section 86.010 and complied fully
	with:
	(A)  Section 86.010; and
	(B)  Section 86.0051, if assistance was provided
	in order to deposit the envelope in the mail or with a common or
	contract carrier [and who provides the information required by
	Section 86.0051(b) in accordance with that section];
	(5)  an employee of the United States Postal Service
	working in the normal course of the employee's authorized duties;
	or
	(6)  a common or contract carrier working in the normal
	course of the carrier's authorized duties if the official ballot is
	sealed in an official carrier envelope that is accompanied by an
	individual delivery receipt for that particular carrier envelope.
	(g)  An offense under Subsection (f) is a Class A misdemeanor
	unless the defendant possessed the ballot or carrier envelope
	without the request of the voter, in which case it is a felony of the
	third degree. 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 [:
	[(1)     a Class B misdemeanor if the person possesses at
	least one but fewer than 10 ballots or carrier envelopes unless the
	person possesses the ballots or carrier envelopes without the
	consent of the voters, in which event the offense is a state jail
	felony;
	[(2)     a Class A misdemeanor if the person possesses at
	least 10 but fewer than 20 ballots or carrier envelopes unless the
	person possesses the ballots or carrier envelopes without the
	consent of the voters, in which event the offense is a felony of the
	third degree; or
	[(3)     a state jail felony if the person possesses 20 or
	more ballots or carrier envelopes unless the person possesses the
	ballots or carrier envelopes without the consent of the voters, in
	which event the offense is a felony of the second degree].
	(g-1)  An offense under Subsection (g) is increased to the
	next higher category of offense if it is shown on the trial of an
	offense under this section that:
	(1)  the defendant was previously convicted of an
	offense under this code;
	(2)  the offense involved an individual 65 years of age
	or older; or
	(3)  the defendant committed another offense under this
	section in the same election [When ballots or carrier envelopes are
	obtained in violation of this section pursuant to one scheme or
	continuing course of conduct, whether from the same or several
	sources, the conduct may be considered as one offense and the number
	of ballots or carrier envelopes aggregated in determining the grade
	of the offense].
	SECTION 13.  Section 86.010, Election Code, is amended to
	read as follows:
	Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
	MAIL. (a)  A voter casting a ballot by mail who would be eligible
	under Section 64.031 to receive assistance at a polling place may
	select a person as provided by Section 64.032(c) to assist the voter
	in preparing the ballot.
	(b)  Assistance rendered under this section is limited to
	that authorized by this code at a polling place, except that a voter
	with a disability who is physically unable to deposit the ballot and
	carrier envelope in the mail may also select a person as provided by
	Section 64.032(c) to assist the voter by depositing a sealed
	carrier envelope in the mail.
	(c)  The person assisting the voter must sign a written oath
	prescribed by Section 64.034 that is part of the certificate on the
	official carrier envelope.
	(d)  If a voter is assisted in violation of this section
	[Subsection (a) or (b)], the voter's ballot may not be counted.
	(e)  A person who assists a voter to prepare a ballot to be
	voted by mail shall enter the person's signature, printed name, and
	residence address on the official carrier envelope of the voter.
	(f)  A person who assists a voter commits an offense if the
	person knowingly fails to comply with Subsections (c) and [provide
	the information on the official carrier envelope as required by
	Subsection] (e).
	(g)  An offense under this section is a [Class A misdemeanor
	unless the person is convicted of an offense under Section 64.036
	for providing unlawful assistance to the same voter, in which event
	the offense is a] state jail felony.
	(h)  Subsection (f) does not apply if the person is related
	to the voter [applicant] within the second degree by affinity or the
	third degree by consanguinity, as determined under Subchapter B,
	Chapter 573, Government Code, or was physically living in [is
	registered to vote at] the same dwelling [address] as the voter at
	the time of the event [applicant].
	(i)  An offense under this section is increased to the next
	higher category of offense if it is shown on the trial of an offense
	under this section that:
	(1)  the defendant was previously convicted of an
	offense under this code;
	(2)  the offense involved a voter 65 years of age or
	older; or
	(3)  the defendant committed another offense under this
	section in the same election.
	(j)  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.
	SECTION 14.  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 [same person]. The committee may also compare the signatures
	with any two or more signatures of the voter made within the
	preceding six years and on file with the county clerk or voter
	registrar [the signature on the voter's registration application to
	confirm that the signatures are those of the same person but may not
	use the registration application signature] to determine whether
	[that] the signatures are [not] those of the voter [same person].
	Except as provided by Subsection (l), a determination under this
	subsection that the signatures are not those of the voter [same
	person] 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 [same person] in separate containers from
	those of voters whose signatures are those of the voter [same
	person]. 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 15.  Section 87.041, Election Code, is amended by
	amending Subsection (e) and adding Subsection (g) to read as
	follows:
	(e)  In making the determination under Subsection (b)(2),
	the board may also compare the signatures with any two or more
	signatures of the voter made within the preceding six years and on
	file with the county clerk or voter registrar to determine whether
	[confirm that] the signatures are those of the voter [same person
	but may not use the signatures to determine that the signatures are
	not those of the same person].
	(g)  A person commits an offense if the person intentionally
	accepts a ballot for voting or causes a ballot to be accepted for
	voting that the person knows does not meet the requirements of
	Subsection (b). An offense under this subsection is a Class A
	misdemeanor.
	SECTION 16.  Section 87.0431, Election Code, is amended to
	read as follows:
	Sec. 87.0431.  NOTICE OF REJECTED BALLOT. (a)  Not later
	than the 10th day after election day, the presiding judge of the
	early voting ballot board shall deliver written notice of the
	reason for the rejection of a ballot to the voter at the residence
	address on the ballot application.  If the ballot was transmitted
	to the voter by e-mail under Subchapter C, Chapter 101, the
	presiding judge shall also provide the notice to the e-mail address
	to which the ballot was sent.
	(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; or
	(5)  the carrier envelope certificate was improperly
	executed by an assistant.
	(c)  The attorney general shall prescribe the form and manner
	of submission under Subsection (b). The secretary of state shall
	adopt rules as necessary to implement the requirements prescribed
	under this subsection.
	SECTION 17.  Chapter 276, Election Code, is amended by
	adding Section 276.013 to read as follows:
	Sec. 276.013.  ELECTION FRAUD. (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; or
	(3)  cause any intentionally misleading 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.
	(b)  An offense under this section is a Class A misdemeanor.
	(c)  An offense under this section is increased to the next
	higher category of offense if it is shown on the trial of an offense
	under this section that:
	(1)  the defendant was previously convicted of an
	offense under this code;
	(2)  the offense involved a voter 65 years of age or
	older, and the actor was not:
	(A)  related to the voter within the second degree
	by affinity or the third degree by consanguinity, as determined
	under Subchapter B, Chapter 573, Government Code; or
	(B)  physically living in the same dwelling as the
	voter at the time of the event; or
	(3)  the defendant committed another offense under this
	section in the same election.
	(d)  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.
	(e)  Subsection (a)(1) does not apply if the person is
	related to the voter within the second degree by affinity or the
	third degree by consanguinity, as determined under Subchapter B,
	Chapter 573, Government Code, or was physically living in the same
	dwelling as the voter at the time of the event.
	SECTION 18.  The following provisions of law, as effective
	September 1, 2017, are repealed:
	(1)  Section 86.003(e), Election Code;
	(2)  Section 86.004(c), Election Code;
	(3)  Chapter 107, Election Code;
	(4)  Section 242.0181, Health and Safety Code; and
	(5)  Section 247.008, Health and Safety Code.
	SECTION 19.  The changes in law made by this Act apply only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 20.  This Act takes effect December 1, 2017.