Bill Text: TX HB3 | 2021 | 87th Legislature 1st Special Session | Introduced
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 51-0)
Status: (Introduced - Dead) 2021-07-17 - Committee report sent to Calendars [HB3 Detail]
Download: Texas-2021-HB3-Introduced.html
| 87S10630 TSS-D | ||
| By: Murr | H.B. No. 3 | |
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| relating to election integrity and security, including by | ||
| preventing fraud in the conduct of elections in this state; | ||
| increasing criminal penalties; creating criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. GENERAL PROVISIONS | ||
| SECTION 1.01. SHORT TITLE. This Act may be cited as the | ||
| Election Integrity Protection Act of 2021. | ||
| SECTION 1.02. PURPOSE. The purpose of this Act is to | ||
| exercise the legislature's constitutional authority under Section | ||
| 4, Article VI, Texas Constitution, to make all laws necessary to | ||
| detect and punish fraud. | ||
| SECTION 1.03. FINDINGS. The legislature finds that: | ||
| (1) full, free, and fair elections are the | ||
| underpinnings of a stable constitutional democracy; | ||
| (2) fraud in elections threatens the stability of a | ||
| constitutional democracy by undermining public confidence in the | ||
| legitimacy of public officers chosen by election; | ||
| (3) reforms are needed to the election laws of this | ||
| state to ensure that fraud does not undermine the public confidence | ||
| in the electoral process; | ||
| (4) the reforms to the election laws of this state made | ||
| by this Act are not intended to impair the right of free suffrage | ||
| guaranteed to the people of Texas by the United States and Texas | ||
| Constitutions, but are enacted solely to prevent fraud in the | ||
| electoral process and ensure that all legally cast ballots are | ||
| counted. Integral to the right to vote is the assurance of voter | ||
| access and the right for all votes legally cast to be counted; | ||
| (5) additionally, preventing a valid vote from being | ||
| counted violates the basic constitutional rights guaranteed to each | ||
| citizen by the United States Constitution; and | ||
| (6) providing for voter access and increasing the | ||
| stability of a constitutional democracy ensures public confidence | ||
| in the legitimacy of public officers chosen by election. | ||
| SECTION 1.04. Chapter 1, Election Code, is amended by | ||
| adding Section 1.0015 to read as follows: | ||
| Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the | ||
| legislature that the application of this code and the conduct of | ||
| elections be uniform and consistent throughout this state to reduce | ||
| the likelihood of fraud in the conduct of elections, protect the | ||
| secrecy of the ballot, promote voter access, and ensure that all | ||
| legally cast ballots are counted. | ||
| SECTION 1.05. Section 1.003, Election Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) Election officials and other public officials shall | ||
| strictly construe the provisions of this code to effect the intent | ||
| of the legislature under Section 1.0015. | ||
| SECTION 1.06. Section 1.018, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to | ||
| Section 1.03, Penal Code, and to other titles of the Penal Code that | ||
| may apply to this code, Titles 2 and [ |
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| [ |
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| ARTICLE 2. REGISTRATION OF VOTERS | ||
| SECTION 2.01. Section 13.002, Election Code, is amended by | ||
| adding Subsection (c-1) to read as follows: | ||
| (c-1) The information required under Subsection (c) must be | ||
| supplied by the person desiring to register to vote. | ||
| SECTION 2.02. Section 15.021, Election Code, is amended by | ||
| amending Subsections (b) and (d) and adding Subsections (d-1) and | ||
| (d-2) to read as follows: | ||
| (b) Except as provided by Subsection (d), the [ |
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| shall use the registration certificate or a registration | ||
| application form as the notice, indicating the correct information | ||
| in the appropriate space on the certificate or application form | ||
| unless the voter does not have possession of the certificate or an | ||
| application form at the time of giving the notice. | ||
| (d) A voter [ |
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| by digital transmission of the information under a program | ||
| administered by the secretary of state and the Department of | ||
| Information Resources. | ||
| (d-1) If the notice indicates that a voter no longer resides | ||
| in the county in which the voter is registered, the registrar shall | ||
| forward the notice and the voter's original application for | ||
| registration to the registrar of the county in which the voter | ||
| resides. The registrars shall coordinate to ensure that the | ||
| voter's existing registration is canceled immediately after the | ||
| voter is registered in the county in which the voter resides in | ||
| accordance with Subsection (d-2). | ||
| (d-2) A registrar who receives a voter's notice and | ||
| application from another registrar under Subsection (d-1) shall | ||
| treat it as an original application for registration under Section | ||
| 13.002, and shall register the voter if the voter resides in the | ||
| county and is otherwise eligible under Section 13.001. | ||
| SECTION 2.03. Section 15.028, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [ |
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| is not eligible to vote either registered to vote or [ |
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| 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. | ||
| [ |
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| ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS | ||
| SECTION 3.01. Section 2.053(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) On receipt of the certification, the governing body of | ||
| the political subdivision by order or ordinance shall [ |
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| each unopposed candidate elected to the office. If no election is to | ||
| be held on election day by the political subdivision, a copy of the | ||
| order or ordinance shall be posted on election day at each polling | ||
| place used or that would have been used in the election. | ||
| SECTION 3.02. Section 2.056(c), Election Code, is amended | ||
| to read as follows: | ||
| (c) A certifying authority shall [ |
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| elected to an office of the state or county government if, were the | ||
| election held, only the votes cast for that candidate in the | ||
| election for that office may be counted. | ||
| SECTION 3.03. Sections 43.007(c) and (d), Election Code, | ||
| are amended to read as follows: | ||
| (c) In conducting the program, the secretary of state shall | ||
| provide for an audit of the voting system equipment [ |
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| and during the election to the extent such an audit is practicable. | ||
| (d) The secretary of state shall select to participate in | ||
| the program each county that: | ||
| (1) has held a public hearing under Subsection (b); | ||
| (2) has submitted documentation listing the steps | ||
| taken to solicit input on participating in the program by | ||
| organizations or persons who represent the interests of voters; | ||
| (3) has implemented a computerized voter registration | ||
| list that allows an election officer at the polling place to verify | ||
| that a voter has not previously voted in the election; | ||
| (4) uses direct recording electronic voting machines, | ||
| ballot marking devices, or hand-marked scannable paper ballots that | ||
| are printed and scanned at the polling place or any other type of | ||
| voting system equipment that the secretary of state determines is | ||
| capable of processing votes for each type of ballot to be voted in | ||
| the county; and | ||
| (5) is determined by the secretary of state to have the | ||
| appropriate technological capabilities. | ||
| SECTION 3.04. Section 43.031(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) Each polling place shall be located inside a building. | ||
| No voter may cast a vote from inside a motor vehicle unless the | ||
| voter meets the requirements of Section 64.009. | ||
| SECTION 3.05. Section 52.092(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) Except as provided by Section 2.053(c) or 2.056(e), for | ||
| [ |
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| election for state and county officers are to appear on the ballot, | ||
| the offices shall be listed in the following order: | ||
| (1) offices of the federal government; | ||
| (2) offices of the state government: | ||
| (A) statewide offices; | ||
| (B) district offices; | ||
| (3) offices of the county government: | ||
| (A) county offices; | ||
| (B) precinct offices. | ||
| SECTION 3.06. 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. An election officer shall enter on | ||
| the register the name of each voter who returns a spoiled ballot and | ||
| the spoiled ballot's number. The secretary of state shall create | ||
| and promulgate a form to be used for this purpose. | ||
| SECTION 3.07. Subchapter A, Chapter 66, Election Code, is | ||
| amended by adding Section 66.004 to read as follows: | ||
| Sec. 66.004. CLOSING POLLING PLACE. The secretary of state | ||
| shall adopt rules and create a checklist or similar guidelines to | ||
| assist the presiding judge of a polling place in processing forms | ||
| and conducting procedures required by this code at the closing of | ||
| the polling place. | ||
| SECTION 3.08. 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 [ |
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| 83.002 [ |
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| early voting polling place shall be conducted on each weekday of | ||
| [ |
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| 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 10 p.m. | ||
| [ |
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| (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 [ |
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| 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 [ |
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| 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 55,000 [ |
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| 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 at least 12 hours on each weekday of the | ||
| 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 at least 12 hours on each of the last | ||
| two days of the early voting period. Voting under this subsection | ||
| may not be conducted earlier than 6 a.m. or later than 10 p.m. | ||
| Voting shall be conducted in accordance with this subsection in | ||
| those elections in a county with a population under 55,000 | ||
| [ |
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| 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. | ||
| (d) A voter who has not voted before the scheduled time for | ||
| closing a polling place is entitled to vote after that time if the | ||
| voter is in line at the polling place by closing time. The secretary | ||
| of state shall promulgate any materials and provide any training to | ||
| presiding judges necessary to properly process voters under this | ||
| subsection [ |
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| [ |
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| SECTION 3.09. Sections 85.006(b) and (e), Election Code, | ||
| are amended to read as follows: | ||
| (b) In an election in which a county clerk [ |
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| or Sunday. The clerk must do so by written order. | ||
| (e) In a primary election or the general election for state | ||
| and county officers in a county with a population of 55,000 | ||
| [ |
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| personal appearance [ |
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| to be conducted on the last Saturday of the early voting period for | ||
| at least 12 hours, except that voting may not be conducted earlier | ||
| than 6 a.m. or later than 10 p.m., [ |
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| last Sunday of the early voting period for at least six [ |
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| hours, except that voting may not be conducted earlier than 9 a.m. | ||
| or later than 10 p.m [ |
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| at those times in those elections in a county with a population | ||
| under 55,000 [ |
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| hours submitted by at least 15 registered voters of the county. The | ||
| request must be submitted in time to enable compliance with Section | ||
| 85.007. This subsection supersedes any provision of this subchapter | ||
| to the extent of any conflict. | ||
| SECTION 3.10. 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[ |
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| SECTION 3.11. 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 [ |
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| 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. | ||
| SECTION 3.12. 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 [ |
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| building [ |
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| establishing the branch office. The polling place may not be | ||
| located in a movable structure 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, 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 3.13. 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. | ||
| ARTICLE 4. ELECTION OFFICERS AND OBSERVERS | ||
| SECTION 4.01. Section 32.075, Election Code, is amended by | ||
| adding Subsections (g) and (h) to read as follows: | ||
| (g) A presiding judge may not have a watcher duly accepted | ||
| for service under Subchapter A, Chapter 33, removed from the | ||
| polling place for violating a provision of this code, the Penal | ||
| Code, or any other provision of law relating to the conduct of | ||
| elections, unless the violation was observed by an election judge | ||
| or clerk after the watcher was previously warned that the watcher's | ||
| conduct violated the law. | ||
| (h) Notwithstanding Subsection (g), a presiding judge may | ||
| call a law enforcement officer to request that a poll watcher be | ||
| removed if the poll watcher commits a breach of the peace or a | ||
| violation of law. | ||
| SECTION 4.02. Subchapter A, Chapter 33, Election Code, is | ||
| amended by adding Section 33.0015 to read as follows: | ||
| Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The | ||
| purpose of this chapter is to preserve the integrity of the ballot | ||
| box in accordance with Section 4, Article VI, Texas Constitution, | ||
| by providing for the appointment of watchers. It is the intent of | ||
| the legislature that watchers duly accepted for service under this | ||
| chapter be allowed to observe and report on irregularities in the | ||
| conduct of any election, but may not interfere in the orderly | ||
| conduct of an election. To effect that purpose, a watcher appointed | ||
| under this chapter shall observe without obstructing the conduct of | ||
| an election and call to the attention of an election officer any | ||
| observed or suspected irregularity or violation of law in the | ||
| conduct of the election. | ||
| SECTION 4.03. 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 | ||
| intentionally or knowingly refuses to accept a watcher for service | ||
| when acceptance of the watcher is required by this section. An | ||
| offense under this subsection is a Class B 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 4.04. 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 | ||
| [ |
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| 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 where election activity is occurring | ||
| within the location at which the watcher is serving. | ||
| (f) In this code, a watcher who is entitled to "observe" an | ||
| election activity is entitled to sit or stand near enough to see and | ||
| hear the activity. | ||
| SECTION 4.05. Subchapter C, Chapter 33, Election Code, is | ||
| amended by adding Section 33.0605 to read as follows: | ||
| Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. | ||
| (a) A watcher appointed to serve at a polling place in an election | ||
| who is available at the time of the action may observe all election | ||
| activities relating to closing the polling place, including the | ||
| sealing and transfer of a memory card, flash drive, hard drive, data | ||
| storage device, or other medium now existing or later developed | ||
| used by the voting system equipment. | ||
| (b) Notwithstanding any other provision of this code, a | ||
| watcher duly accepted for service at a polling location is entitled | ||
| to follow the transfer of election materials from the polling place | ||
| at which the watcher was accepted to a regional tabulating center, | ||
| the central counting station, or any other location designated to | ||
| process election materials. The authority responsible for | ||
| administering a regional tabulating center or another location | ||
| where election materials are processed must accept duly appointed | ||
| watchers for service in the same manner a watcher is accepted for | ||
| service under Section 33.051 and must accept the same number of | ||
| watchers that may serve under Section 33.007(a). | ||
| SECTION 4.06. Section 33.061(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) A person commits an offense if the person serves in an | ||
| official capacity at a location at which the presence of watchers is | ||
| authorized and knowingly prevents a watcher from observing an | ||
| activity or procedure the person knows the watcher is entitled to | ||
| observe, including by taking any action to obstruct the view of a | ||
| watcher or distance the watcher from the activity or procedure to be | ||
| observed in a manner that would make observation not reasonably | ||
| effective. | ||
| SECTION 4.07. Subchapter C, Chapter 33, Election Code, is | ||
| amended by adding Section 33.063 to read as follows: | ||
| Sec. 33.063. RELIEF. The appointing authority for a | ||
| watcher who believes that the watcher was unlawfully prevented or | ||
| obstructed from the performance of the watcher's duties may seek: | ||
| (1) injunctive relief under Section 273.081, | ||
| including issuance of temporary orders; | ||
| (2) a writ of mandamus under Section 161.009 or | ||
| 273.061; and | ||
| (3) any other remedy available under law. | ||
| SECTION 4.08. Section 34.005, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The | ||
| secretary of state may refer a reported violation of law for | ||
| appropriate action to the attorney general, if the attorney general | ||
| has jurisdiction, or to a prosecuting attorney having jurisdiction. | ||
| (b) If the secretary of state believes that a state | ||
| inspector was unlawfully prevented or obstructed from the | ||
| performance of the inspector's duties, the secretary of state may | ||
| seek: | ||
| (1) injunctive relief under Section 273.081, | ||
| including issuance of temporary orders; | ||
| (2) a writ of mandamus under Section 161.009 or | ||
| 273.061; and | ||
| (3) any other remedy available under law. | ||
| SECTION 4.09. Section 86.006, Election Code, is amended by | ||
| amending Subsection (a) 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 [ |
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| (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 an election official at the time of | ||
| delivery. The receiving official shall record the voter's name, | ||
| signature, and type of identification provided under Section | ||
| 63.0101 on a roster prescribed by the secretary of state. The | ||
| receiving official shall attest on the roster that the delivery | ||
| complies with this section. | ||
| SECTION 4.10. 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. | ||
| ARTICLE 5. VOTING BY MAIL | ||
| SECTION 5.01. Section 84.001(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) Subject to Section 1.011, an [ |
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| submitted in writing and signed by the applicant using ink on paper. | ||
| An electronic signature or photocopied signature is not permitted. | ||
| SECTION 5.02. Section 84.002, Election Code, as effective | ||
| September 1, 2021, is amended by amending Subsection (a) and adding | ||
| Subsection (d) to read as follows: | ||
| (a) An early voting ballot application must include: | ||
| (1) the applicant's name and the address at which the | ||
| applicant is registered to vote; | ||
| (1-a) the following information: | ||
| (A) the number of the applicant's driver's | ||
| license or personal identification card issued by the Department of | ||
| Public Safety; | ||
| (B) if the applicant has not been issued a number | ||
| described by Paragraph (A), the last four digits of the applicant's | ||
| social security number; or | ||
| (C) a statement by the applicant that the | ||
| applicant has not been issued a number described by Paragraph (A) or | ||
| (B); | ||
| (2) for an application for a ballot to be voted by mail | ||
| on the ground of absence from the county of residence, the address | ||
| outside the applicant's county of residence to which the ballot is | ||
| to be mailed; | ||
| (3) for an application for a ballot to be voted by mail | ||
| on the ground of age or disability, the address of the hospital, | ||
| nursing home or other long-term care facility, or retirement | ||
| center, or of a person related to the applicant within the second | ||
| degree by affinity or the third degree by consanguinity, as | ||
| determined under Chapter 573, Government Code, if the applicant is | ||
| living at that address and that address is different from the | ||
| address at which the applicant is registered to vote; | ||
| (4) for an application for a ballot to be voted by mail | ||
| on the ground of confinement in jail, the address of the jail or of a | ||
| person related to the applicant within the degree described by | ||
| Subdivision (3); | ||
| (5) for an application for a ballot to be voted by mail | ||
| on any ground, an indication of each election for which the | ||
| applicant is applying for a ballot; | ||
| (6) an indication of the ground of eligibility for | ||
| early voting; and | ||
| (7) for an application for a ballot to be voted by mail | ||
| on the ground of involuntary civil commitment, the address of the | ||
| facility operated by or under contract with the Texas Civil | ||
| Commitment Office or of a person related to the applicant within the | ||
| degree of consanguinity described by Subdivision (3). | ||
| (d) A person may use the number of a driver's license or | ||
| personal identification card that has expired for the purpose of | ||
| fulfilling the requirement under Subsection (a)(1-a) if the license | ||
| or identification is otherwise valid. | ||
| SECTION 5.03. Section 84.011(a), Election Code, as | ||
| effective September 1, 2021, 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 crime."; | ||
| (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; | ||
| (3-a) a space for entering the information required | ||
| under Section 84.002(a)(1-a); 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 or involuntary civil commitment | ||
| 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) or (7), | ||
| 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 5.04. 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; [ |
||
| (B) never requested a ballot to be voted by mail; | ||
| or | ||
| (C) received notice of a defect under Section | ||
| 87.0271(b) or 87.0411(b). | ||
| SECTION 5.05. Section 86.001, Election Code, is amended by | ||
| adding Subsection (f) to read as follows: | ||
| (f) If the information required under Section | ||
| 84.002(a)(1-a) included on the application does not match the | ||
| information on the applicant's application for voter registration | ||
| under Section 13.002(c)(8), the clerk shall reject the application. | ||
| SECTION 5.06. Section 86.002, Election Code, is amended by | ||
| adding Subsections (g), (h), and (i) to read as follows: | ||
| (g) The carrier envelope must include a space that is hidden | ||
| from view when the envelope is sealed for the voter to enter the | ||
| following information: | ||
| (1) the number of the voter's driver's license or | ||
| personal identification card issued by the Department of Public | ||
| Safety; | ||
| (2) if the voter has not been issued a number described | ||
| by Subdivision (1), the last four digits of the voter's social | ||
| security number; or | ||
| (3) a statement by the applicant that the applicant | ||
| has not been issued a number described by Subdivision (1) or (2). | ||
| (h) A person may use the number of a driver's license or | ||
| personal identification card that has expired for purposes of | ||
| Subsection (g) if the license or identification is otherwise valid. | ||
| (i) No record associating an individual voter with a ballot | ||
| may be created. | ||
| SECTION 5.07. 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 5.08. 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 5.09. Subchapter B, Chapter 87, Election Code, is | ||
| amended by adding Section 87.0271 to read as follows: | ||
| Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE | ||
| VERIFICATION COMMITTEE. (a) This section applies to an early | ||
| voting ballot voted by mail: | ||
| (1) for which the voter did not sign the carrier | ||
| envelope certificate; | ||
| (2) for which it cannot immediately be determined | ||
| whether the signature on the carrier envelope certificate is that | ||
| of the voter; | ||
| (3) missing any required statement of residence; or | ||
| (4) containing incomplete information with respect to | ||
| a witness. | ||
| (b) Not later than the second business day after discovering | ||
| a defect described by Subsection (a) and before deciding whether to | ||
| accept or reject a timely delivered ballot under Section 87.027, | ||
| the signature verification committee shall: | ||
| (1) return the carrier envelope to the voter by mail, | ||
| if the signature verification committee determines that it would be | ||
| possible to correct the defect and return the carrier envelope | ||
| before the time the polls are required to close on election day; or | ||
| (2) notify the voter of the defect by telephone or | ||
| e-mail and inform the voter that the voter may request to have the | ||
| voter's application to vote by mail canceled in the manner | ||
| described by Section 84.032 or come to the early voting clerk's | ||
| office in person not later than the sixth day after election day to | ||
| correct the defect. | ||
| (c) If the signature verification committee takes an action | ||
| described by Subsection (b), the committee must take either action | ||
| described by that subsection with respect to each ballot in the | ||
| election to which this section applies. | ||
| (d) A poll watcher is entitled to observe an action taken | ||
| under Subsection (b). | ||
| (e) The secretary of state may prescribe any procedures | ||
| necessary to implement this section. | ||
| (f) Notwithstanding any other law, a ballot may not be | ||
| finally rejected for a reason listed in Section 87.041(b)(1), (2), | ||
| or (6) before the seventh day after election day. | ||
| SECTION 5.10. Section 87.041, Election Code, is amended by | ||
| amending Subsections (b) and (e) and adding Subsection (d-1) to | ||
| read as follows: | ||
| (b) A ballot may be accepted only if: | ||
| (1) the carrier envelope certificate is properly | ||
| executed; | ||
| (2) neither the voter's signature on the ballot | ||
| application nor the signature on the carrier envelope certificate | ||
| is determined to have been executed by a person other than the | ||
| voter, unless signed by a witness; | ||
| (3) the voter's ballot application states a legal | ||
| ground for early voting by mail; | ||
| (4) the voter is registered to vote, if registration | ||
| is required by law; | ||
| (5) the address to which the ballot was mailed to the | ||
| voter, as indicated by the application, was outside the voter's | ||
| county of residence, if the ground for early voting is absence from | ||
| the county of residence; | ||
| (6) for a voter to whom a statement of residence form | ||
| was required to be sent under Section 86.002(a), the statement of | ||
| residence is returned in the carrier envelope and indicates that | ||
| the voter satisfies the residence requirements prescribed by | ||
| Section 63.0011; [ |
||
| (7) the address to which the ballot was mailed to the | ||
| voter is an address that is otherwise required by Sections 84.002 | ||
| and 86.003; and | ||
| (8) the information required under Section 86.002(g) | ||
| provided by the voter matches the information on the voter's | ||
| application for voter registration under Section 13.002(c)(8). | ||
| (d-1) If a voter provides the information required under | ||
| Section 86.002(g) and it matches the information on the voter's | ||
| application for voter registration under Section 13.002(c)(8), the | ||
| signature on the ballot application and on the carrier envelope | ||
| certificate shall be rebuttably presumed to be the signatures of | ||
| the voter. | ||
| (e) In making the determination under Subsection (b)(2), to | ||
| determine whether the signatures are those of the voter, the board: | ||
| (1) shall request from the Department of Public Safety | ||
| any signature of the voter's on file with that department and | ||
| compare the signatures of the voter on the ballot application and | ||
| the carrier envelope certificate with any signature provided; and | ||
| (2) may also compare the signatures with any known | ||
| signature [ |
||
| registrar [ |
||
| SECTION 5.11. Subchapter C, Chapter 87, Election Code, is | ||
| amended by adding Section 87.0411 to read as follows: | ||
| Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING | ||
| BALLOT BOARD. (a) This section applies to an early voting ballot | ||
| voted by mail: | ||
| (1) for which the voter did not sign the carrier | ||
| envelope certificate; | ||
| (2) for which it cannot immediately be determined | ||
| whether the signature on the carrier envelope certificate is that | ||
| of the voter; | ||
| (3) missing any required statement of residence; or | ||
| (4) containing incomplete information with respect to | ||
| a witness. | ||
| (b) Not later than the second business day after discovering | ||
| a defect described by Subsection (a) and before deciding whether to | ||
| accept or reject a timely delivered ballot under Section 87.041, | ||
| the early voting ballot board shall: | ||
| (1) return the carrier envelope to the voter by mail, | ||
| if the early voting ballot board determines that it would be | ||
| possible to correct the defect and return the carrier envelope | ||
| before the time the polls are required to close on election day; or | ||
| (2) notify the voter of the defect by telephone or | ||
| e-mail and inform the voter that the voter may request to have the | ||
| voter's application to vote by mail canceled in the manner | ||
| described by Section 84.032 or come to the early voting clerk's | ||
| office in person not later than the sixth day after election day to | ||
| correct the defect. | ||
| (c) If the early voting ballot board takes an action | ||
| described by Subsection (b), the board must take either action | ||
| described by that subsection with respect to each ballot in the | ||
| election to which this section applies. | ||
| (d) A poll watcher is entitled to observe an action taken | ||
| under Subsection (b). | ||
| (e) The secretary of state may prescribe any procedures | ||
| necessary to implement this section. | ||
| (f) Notwithstanding any other law, a ballot may not be | ||
| finally rejected for a reason listed in Section 87.041(b)(1), (2), | ||
| or (6) before the seventh day after election day. | ||
| SECTION 5.12. 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) the early voting ballot board or the signature | ||
| verification committee determined that another violation of the | ||
| Election Code occurred. | ||
| SECTION 5.13. 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 and stored | ||
| separately from the ballots voted by personal appearance and shall | ||
| be separately reported on the returns [ |
||
| SECTION 5.14. 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 5.15. 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 5.16. Subchapter G, Chapter 87, Election Code, is | ||
| amended by adding Section 87.128 to read as follows: | ||
| Sec. 87.128. NOTES. Each member of an early voting ballot | ||
| board and each member of a signature verification committee is | ||
| entitled to take and keep any notes reasonably necessary to perform | ||
| the member's duties under this chapter. | ||
| ARTICLE 6. ASSISTANCE OF VOTERS | ||
| SECTION 6.01. Section 64.031, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is | ||
| eligible to receive assistance in marking or reading the ballot, as | ||
| provided by this subchapter, if the voter cannot prepare or read the | ||
| ballot because of: | ||
| (1) a physical disability that renders the voter | ||
| unable to write or see; or | ||
| (2) an inability to read the language in which the | ||
| ballot is written. | ||
| SECTION 6.02. 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 relationship to the voter of the person | ||
| assisting the voter; and | ||
| (3) whether the person assisting the voter received or | ||
| accepted any form of compensation or other benefit from a | ||
| candidate, campaign, or political committee. | ||
| (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 6.03. Section 64.034, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 64.034. OATH. A person, other than an election | ||
| officer, selected to provide assistance to a voter must take the | ||
| following oath, administered by an election officer at the polling | ||
| place, before providing assistance: | ||
| "I swear (or affirm) under penalty of perjury that the voter I | ||
| am assisting represented to me they are eligible to receive | ||
| assistance because of a physical disability that renders the voter | ||
| unable to write or see or an inability to read the language in which | ||
| the ballot is written; I will not suggest, by word, sign, or | ||
| gesture, how the voter should vote; I will confine my assistance to | ||
| reading the ballot to the voter, directing the voter to read the | ||
| ballot, marking the voter's ballot, or directing the voter to mark | ||
| the ballot; [ |
||
| as the voter directs; I did not pressure or coerce the voter into | ||
| choosing me to provide assistance; [ |
||
| employer, an agent of the voter's employer, or an officer or agent | ||
| of a labor union to which the voter belongs; I will not communicate | ||
| information about how the voter has voted to another person; and I | ||
| understand that if assistance is provided to a voter who is not | ||
| eligible for assistance, the voter's ballot may not be counted." | ||
| SECTION 6.04. Sections 86.010(e), (h), and (i), Election | ||
| Code, are amended to read as follows: | ||
| (e) A person who assists a voter to prepare a ballot to be | ||
| voted by mail shall enter on the official carrier envelope of the | ||
| voter: | ||
| (1) the person's signature, printed name, and | ||
| residence address; | ||
| (2) the relationship of the person providing the | ||
| assistance to the voter; and | ||
| (3) whether the person received or accepted any form | ||
| of compensation or other benefit from a candidate, campaign, or | ||
| political committee in exchange for providing assistance [ |
||
| (h) Subsection (f) does not apply: | ||
| (1) to a violation of Subsection (c), 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; | ||
| (2) to a violation of Subsection (e), 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 | ||
| (3) if the voter is a person with a disability being | ||
| assisted by a previously known attendant or caregiver. | ||
| (i) An offense under this section for a violation of | ||
| Subsection (c) 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 6.05. Section 86.0105, Election Code, is amended by | ||
| amending Subsections (a), (c), and (e) and adding Subsection (f) to | ||
| read as follows: | ||
| (a) A person commits an offense if the person: | ||
| (1) compensates or offers to compensate another person | ||
| for assisting voters as provided by Section 86.010[ |
||
| (2) solicits, receives, or [ |
||
| [ |
||
| described by Subdivision (1) [ |
||
| (c) An offense under this section is a state jail felony [ |
||
| (e) For purposes of this section, compensation means an | ||
| economic benefit as defined by Section 38.01, Penal Code [ |
||
| (f) This section does not apply if the person assisting a | ||
| voter is an attendant or caregiver previously known to the voter. | ||
| SECTION 6.06. Section 86.013(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) Spaces must appear on the reverse side of the official | ||
| carrier envelope for: | ||
| (1) indicating the identity and date of the election; | ||
| [ |
||
| (2) entering the signature, printed name, and | ||
| residence address of a person other than the voter who deposits the | ||
| carrier envelope in the mail or with a common or contract carrier; | ||
| and | ||
| (3) indicating the relationship of that person to the | ||
| voter. | ||
| ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES | ||
| SECTION 7.01. Chapter 63, Election Code, is amended by | ||
| adding Section 63.0111 to read as follows: | ||
| Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a) | ||
| An election judge commits an offense if the judge knowingly | ||
| provides a voter with a form for an affidavit required by Section | ||
| 63.001 if the form contains information that the judge entered on | ||
| the form knowing it was false. | ||
| (b) An offense under this section is a state jail felony. | ||
| SECTION 7.02. Sections 276.004(a) and (b), Election Code, | ||
| are amended to read as follows: | ||
| (a) A person commits an offense if, with respect to another | ||
| person over whom the person has authority in the scope of | ||
| employment, the person knowingly: | ||
| (1) refuses to permit the other person to be absent | ||
| from work on election day or while early voting is in progress for | ||
| the purpose of attending the polls to vote; or | ||
| (2) subjects or threatens to subject the other person | ||
| to a penalty for attending the polls on election day or while early | ||
| voting is in progress to vote. | ||
| (b) It is an exception to the application of this section | ||
| that the person's conduct occurs in connection with an election in | ||
| which the polls are open on election day or while early voting is in | ||
| progress for voting for two consecutive hours outside of the | ||
| voter's working hours. | ||
| SECTION 7.03. Sections 276.013(a) and (b), Election Code, | ||
| are 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, | ||
| including by altering the ballot of another or by otherwise causing | ||
| a ballot to not reflect the intent of the voter; | ||
| (2) cause a voter to become registered, a ballot to be | ||
| obtained, or a vote to be cast under false pretenses; [ |
||
| (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; | ||
| (4) prevent a voter from casting a legal ballot in an | ||
| election in which the voter is eligible to vote; or | ||
| (5) provide false information to a voter with the | ||
| intent of preventing the voter from voting in an election in which | ||
| the voter is eligible to vote. | ||
| (b) An offense under this section is a Class A misdemeanor, | ||
| except that an offense under this section is a state jail felony if | ||
| the person committed the offense while acting in the person's | ||
| official capacity as an election officer. | ||
| SECTION 7.04. Chapter 276, Election Code, is amended by | ||
| adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to | ||
| read as follows: | ||
| Sec. 276.015. VOTE HARVESTING. (a) In this section: | ||
| (1) "Benefit" has the meaning assigned by Section | ||
| 1.07, Penal Code. | ||
| (2) "Vote harvesting services" means in-person | ||
| interaction with one or more voters, in the presence of the ballot | ||
| or during the voting process, 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 vote | ||
| harvesting services in exchange for compensation or other benefit. | ||
| (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 another person in exchange for | ||
| vote harvesting services. | ||
| (d) A person commits an offense if the person knowingly | ||
| collects or possesses a mail ballot or official carrier envelope in | ||
| connection with vote harvesting services. | ||
| (e) This section does not apply to: | ||
| (1) an activity not performed in exchange for | ||
| compensation or a benefit; | ||
| (2) interactions that do not occur in the presence of | ||
| the ballot or during the voting process; | ||
| (3) interactions that are not conducted in-person with | ||
| a voter; or | ||
| (4) activity that is not designed to deliver votes for | ||
| or against a specific candidate or measure. | ||
| (f) An offense under this section is a felony of the third | ||
| degree. | ||
| (g) 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. | ||
| (h) Records necessary to investigate an offense under this | ||
| section or any other section of this code shall be provided by an | ||
| election officer in an unredacted form to a law enforcement officer | ||
| upon request. Records obtained under this subsection are not | ||
| subject to public disclosure. | ||
| Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF | ||
| APPLICATION TO VOTE BY MAIL. (a) A public official commits an | ||
| offense if the official, while acting in an official capacity, | ||
| knowingly: | ||
| (1) solicits the submission of an application to vote | ||
| by mail from a person who did not request an application; | ||
| (2) distributes an application to vote by mail to a | ||
| person who did not request the application unless the distribution | ||
| is expressly authorized by another provision of this code; | ||
| (3) authorizes or approves the expenditure of public | ||
| funds to facilitate third-party distribution of an application to | ||
| vote by mail to a person who did not request the application; or | ||
| (4) completes any portion of an application to vote by | ||
| mail and distributes the application to an applicant. | ||
| (b) An offense under this section is a state jail felony. | ||
| (c) Subsection (a)(2) does not apply if the public official | ||
| engaged in the conduct described by Subsection (a)(2) by providing | ||
| access to an application to vote by mail from a publicly accessible | ||
| Internet website. | ||
| (d) Subsection (a)(4) does not apply if the public official | ||
| engaged in the conduct described by Subsection (a)(4) while | ||
| lawfully assisting the applicant under Section 84.003. | ||
| (e) Subsection (a) does not apply if the public official: | ||
| (1) provided general information about voting by mail, | ||
| the vote by mail process, or the timelines associated with voting to | ||
| a person or the public; or | ||
| (2) engaged in the conduct described by Subsection (a) | ||
| while acting in the official's capacity as a candidate for a public | ||
| elective office. | ||
| (f) The remedy provided under this chapter is cumulative, | ||
| and does not restrict any other remedies provided by this code or by | ||
| law. A violation of this section is subject to injunctive relief or | ||
| mandamus as provided by this code. | ||
| Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS | ||
| AND BALLOTING MATERIALS. (a) The early voting clerk or other | ||
| election official commits an offense if the clerk or official | ||
| knowingly mails or otherwise provides an early voting ballot by | ||
| mail or other early voting by mail ballot materials to a person who | ||
| the clerk or official knows did not submit an application for a | ||
| ballot to be voted by mail under Section 84.001. | ||
| (b) An offense under this section is a Class A misdemeanor. | ||
| Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION | ||
| PROCEDURES. (a) A person commits an offense if the person makes a | ||
| false statement or swears to the truth of a false statement | ||
| previously made while making the oath described by Section 64.034. | ||
| (b) An offense under this section is a state jail felony. | ||
| Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A | ||
| public official may not create, alter, modify, waive, or suspend | ||
| any election standard, practice, or procedure mandated by law or | ||
| rule in a manner not expressly authorized by this code. | ||
| ARTICLE 8. ENFORCEMENT | ||
| SECTION 8.01. Subchapter D, Chapter 22, Government Code, is | ||
| amended by adding Sections 22.304 and 22.305 to read as follows: | ||
| Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION | ||
| PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public | ||
| official" means any person elected, selected, appointed, employed, | ||
| or otherwise designated as an officer, employee, or agent of this | ||
| state, a government agency, a political subdivision, or any other | ||
| public body established by state law. | ||
| (b) Notwithstanding any other law or rule, a court | ||
| proceeding entitled to priority under Section 22.305 and filed in a | ||
| court of appeals shall be docketed by the clerk of the court and | ||
| assigned to a panel of three justices determined using an automated | ||
| assignment system. | ||
| (c) A person, including a public official, commits an | ||
| offense if the person communicates with a court clerk with the | ||
| intention of influencing or attempting to influence the composition | ||
| of a three-justice panel assigned a specific proceeding under this | ||
| section. | ||
| (d) An offense under this section is a Class A misdemeanor. | ||
| Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a) | ||
| The supreme court or a court of appeals shall prioritize over any | ||
| other proceeding pending or filed in the court a proceeding for | ||
| injunctive relief or for a writ of mandamus under Chapter 273, | ||
| Election Code, pending or filed in the court on or after the 70th | ||
| day before a general or special election. | ||
| (b) If granted, oral argument for a proceeding described by | ||
| Subsection (a) may be given in person or through electronic means. | ||
| SECTION 8.02. Section 23.101, Government Code, is amended | ||
| by amending Subsection (a) and adding Subsections (b-1) and (b-2) | ||
| to read as follows: | ||
| (a) Except as provided by Subsection (b-1), the [ |
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| courts of this state shall regularly and frequently set hearings | ||
| and trials of pending matters, giving preference to hearings and | ||
| trials of the following: | ||
| (1) temporary injunctions; | ||
| (2) criminal actions, with the following actions given | ||
| preference over other criminal actions: | ||
| (A) criminal actions against defendants who are | ||
| detained in jail pending trial; | ||
| (B) criminal actions involving a charge that a | ||
| person committed an act of family violence, as defined by Section | ||
| 71.004, Family Code; | ||
| (C) an offense under: | ||
| (i) Section 21.02 or 21.11, Penal Code; | ||
| (ii) Chapter 22, Penal Code, if the victim | ||
| of the alleged offense is younger than 17 years of age; | ||
| (iii) Section 25.02, Penal Code, if the | ||
| victim of the alleged offense is younger than 17 years of age; | ||
| (iv) Section 25.06, Penal Code; | ||
| (v) Section 43.25, Penal Code; or | ||
| (vi) Section 20A.02(a)(7), 20A.02(a)(8), | ||
| or 20A.03, Penal Code; | ||
| (D) an offense described by Article 62.001(6)(C) | ||
| or (D), Code of Criminal Procedure; and | ||
| (E) criminal actions against persons who are | ||
| detained as provided by Section 51.12, Family Code, after transfer | ||
| for prosecution in criminal court under Section 54.02, Family Code; | ||
| (3) election contests and suits under the Election | ||
| Code; | ||
| (4) orders for the protection of the family under | ||
| Subtitle B, Title 4, Family Code; | ||
| (5) appeals of final rulings and decisions of the | ||
| division of workers' compensation of the Texas Department of | ||
| Insurance regarding workers' compensation claims and claims under | ||
| the Federal Employers' Liability Act and the Jones Act; | ||
| (6) appeals of final orders of the commissioner of the | ||
| General Land Office under Section 51.3021, Natural Resources Code; | ||
| (7) actions in which the claimant has been diagnosed | ||
| with malignant mesothelioma, other malignant asbestos-related | ||
| cancer, malignant silica-related cancer, or acute silicosis; and | ||
| (8) appeals brought under Section 42.01 or 42.015, Tax | ||
| Code, of orders of appraisal review boards of appraisal districts | ||
| established for counties with a population of less than 175,000. | ||
| (b-1) Except for a criminal case in which the death penalty | ||
| has been or may be assessed or when it would otherwise interfere | ||
| with a constitutional right, the trial courts of this state shall | ||
| prioritize over any other proceeding pending or filed in the court a | ||
| proceeding for injunctive relief under Chapter 273, Election Code, | ||
| pending or filed in the court on or after the 70th day before a | ||
| general or special election. | ||
| (b-2) A hearing in a proceeding described by Subsection | ||
| (b-1) may be held in person or through electronic means, as | ||
| determined by the court. | ||
| SECTION 8.03. Chapter 23, Government Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. GENERAL PROVISIONS | ||
| Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS; | ||
| CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the | ||
| clerk of a district court in which a proceeding entitled to priority | ||
| under Section 23.101(b-1) is filed shall docket the proceeding and, | ||
| if more than one district court in the county has jurisdiction over | ||
| the proceeding, randomly assign the proceeding to a district court | ||
| using an automated assignment system. | ||
| (b) Notwithstanding any other law or rule, the clerk of a | ||
| county court or statutory county court in which a proceeding | ||
| entitled to priority under Section 23.101(b-1) is filed shall | ||
| docket the proceeding and, if more than one court in the county has | ||
| jurisdiction over the proceeding, randomly assign the proceeding to | ||
| a court using an automated assignment system. | ||
| (c) A person, including a public official, commits an | ||
| offense if the person communicates with a county or district clerk | ||
| with the intention of influencing or attempting to influence the | ||
| court or judge assigned to a proceeding under this section. | ||
| (d) An offense under this section is a Class A misdemeanor, | ||
| except that the offense is a state jail felony if it is shown on the | ||
| trial of the offense that the person committed the offense while | ||
| acting in the person's official capacity as an election official. | ||
| (e) If a district or county clerk does not comply with this | ||
| section, a person may seek from the supreme court or a court of | ||
| appeals a writ of mandamus as provided by Section 273.061, Election | ||
| Code, to compel compliance with this section. | ||
| Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS. | ||
| (a) Not later than 24 hours after the proceeding is filed, a judge | ||
| to whom a case is assigned under Section 23.301(b) who wishes to be | ||
| recused from the proceeding must, before recusal: | ||
| (1) hear an application for any emergency temporary | ||
| relief sought; | ||
| (2) grant or deny any emergency temporary relief | ||
| sought; and | ||
| (3) set a scheduling order that provides: | ||
| (A) a date for a hearing on any injunction sought | ||
| not later than five days after the date on which the proceeding was | ||
| filed; and | ||
| (B) discovery and deposition deadlines before | ||
| the expiration of any emergency relief order entered. | ||
| (b) The presiding judge of an administrative region shall | ||
| assign a new judge to a proceeding assigned under Section 23.301(b) | ||
| not later than 12 hours after the original judge assigned to the | ||
| proceeding is recused under Subsection (a). | ||
| (c) A final order in a proceeding filed under Section | ||
| 273.081, Election Code, shall be submitted in writing to the | ||
| parties not later than 24 hours after the judge makes a final | ||
| determination in the proceeding. | ||
| (d) If a district judge does not comply with this section, a | ||
| person may seek from the supreme court, the court of criminal | ||
| appeals, or a court of appeals a writ of mandamus as provided by | ||
| Section 273.061, Election Code, to compel compliance with this | ||
| section. | ||
| (e) Notwithstanding Section 23.101(b-1), a proceeding | ||
| relating to a permanent injunction being sought in connection to a | ||
| challenge under Section 141.034, Election Code, may be heard after | ||
| the primary election has been canvassed. | ||
| ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS | ||
| SECTION 9.01. 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 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 9.02. Article 42.01, Code of Criminal Procedure, is | ||
| amended by adding Section 16 to read as follows: | ||
| Sec. 16. In addition to the information described by | ||
| Section 1, the judgment should reflect the affirmative finding and | ||
| instruction entered pursuant to Article 42.0194. | ||
| SECTION 9.03. Section 64.012, Election Code, is amended by | ||
| amending Subsection (a) and adding Subsections (c) and (d) 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 votes or attempts to vote a ballot | ||
| belonging to another person, or by impersonating another person; | ||
| [ |
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| (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; | ||
| or | ||
| (5) knowingly votes or attempts to vote in an election | ||
| in this state after voting in another state in an election in which | ||
| a federal office appears on the ballot and the election day for both | ||
| states is the same day. | ||
| (c) A person may not be convicted solely upon the fact that | ||
| the person signed a provisional ballot affidavit under Section | ||
| 63.011 unless corroborated by other evidence that the person | ||
| knowingly committed the offense. | ||
| (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. | ||
| SECTION 9.04. The change in law made by this article in | ||
| adding Section 64.012(c), Election Code, applies to an offense | ||
| committed before, on, or after the effective date of this Act, | ||
| except that a final conviction for an offense under that section | ||
| that exists on the effective date of this Act remains unaffected by | ||
| this article. | ||
| ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE | ||
| SECTION 10.01. The following provisions of the Election | ||
| Code are repealed: | ||
| (1) Section 85.062(e); and | ||
| (2) Section 86.0105(b). | ||
| SECTION 10.02. If any provision of this Act or its | ||
| application to any person or circumstance is held invalid, the | ||
| invalidity does not affect other provisions or applications of this | ||
| Act that can be given effect without the invalid provision or | ||
| application, and to this end the provisions of this Act are declared | ||
| to be severable. | ||
| SECTION 10.03. (a) Except as otherwise provided by this | ||
| Act, 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 when 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. | ||
| (b) The changes in law made by this Act 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. | ||
| (c) The changes in law made by this Act apply only to an | ||
| application to vote an early voting ballot by mail submitted on or | ||
| after the effective date of this Act. An application to vote an | ||
| early voting ballot by mail submitted before the effective date of | ||
| this Act is governed by the law in effect when the application was | ||
| submitted, and the former law is continued in effect for that | ||
| purpose. | ||
| (d) The changes in law made by this Act apply only to an | ||
| application for voter registration submitted on or after the | ||
| effective date of this Act. | ||
| SECTION 10.04. This Act takes effect immediately if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for immediate | ||
| effect, this Act takes effect on the 91st day after the last day of | ||
| the legislative session. | ||
