Bill Text: TX HB3107 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to election practices and procedures.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3107 Detail]

Download: Texas-2021-HB3107-Enrolled.html
 
 
  H.B. No. 3107
 
 
 
 
AN ACT
  relating to election practices and procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.007(c), Election Code, is amended to
  read as follows:
         (c)  A delivery, submission, or filing of a document or paper
  under this code may be made by personal delivery, mail, telephonic
  facsimile machine, e-mail, or any other method of transmission.
         SECTION 2.  Section 2.002, Election Code, is amended by
  amending Subsection (b) and adding Subsection (j) to read as
  follows:
         (b)  Not later than the fifth day after the date the
  automatic recount required by Subsection (i) is completed or the
  final canvass following the automatic recount is completed, if
  applicable, the authority responsible for ordering the first
  election shall order the second election. The second election
  shall be held not earlier than the 20th day or later than the 45th
  [30th] day after the date the automatic recount required by
  Subsection (i) is completed or the final canvass following the
  automatic recount is completed, if applicable.
         (j)  If the recount does not resolve the tie, the tied
  candidates may:
               (1)  cast lots not later than the day before the date
  the authority must order the second election under Subsection (b);
  or
               (2)  withdraw from the election not later than 5 p.m. of
  the day after the date the automatic recount is held.
         SECTION 3.  Section 2.022(b), Election Code, is amended to
  read as follows:
         (b)  Sections 2.023, 2.025, and 2.028 supersede a law outside
  this subchapter to the extent of any conflict.
         SECTION 4.  Section 2.025(d), Election Code, is amended to
  read as follows:
         (d)  A runoff election for a special election to fill a
  vacancy in Congress or a special election to fill a vacancy in the
  legislature, except an election ordered as an emergency election
  under Section 41.0011 or an election held as an expedited election
  under Section 203.013, [to which Section 101.104 applies] shall be
  held not earlier than the 70th day or later than the 77th day after
  the date the final canvass of the main election is completed.
         SECTION 5.  Section 2.028(c), Election Code, is amended to
  read as follows:
         (c)  A tying candidate may resolve the tie by filing with the
  presiding officer of the final canvassing authority a written
  statement of withdrawal signed and sworn to [acknowledged] by the
  candidate. If the statement of withdrawal is received before the
  automatic recount is conducted, the remaining candidate is the
  winner, and the automatic recount is not conducted. If the
  statement of withdrawal is received not later than 5 p.m. the day
  after the date the automatic recount is conducted [On receipt of the
  statement of withdrawal], the remaining candidate is the winner,
  and a casting of lots is not held.
         SECTION 6.  Section 2.051(b), Election Code, is amended to
  read as follows:
         (b)  In the case of an election in which any members of the
  political subdivision's governing body are elected from
  territorial units such as single-member districts, this subchapter
  applies to the election in a particular territorial unit if each
  candidate for an office that is to appear on the ballot in that
  territorial unit is unopposed and no [at-large proposition or]
  opposed at-large race is to appear on the ballot. This subchapter
  applies to an unopposed at-large race in such an election
  regardless of whether an opposed race is to appear on the ballot in
  a particular territorial unit.
         SECTION 7.  Section 3.005(d), Election Code, is amended to
  read as follows:
         (d)  Except as provided by Subsection (c), an [An] election
  under Section 26.08, Tax Code, to ratify a tax rate adopted by the
  governing body of a school district under Section 26.05(g) of that
  code shall be ordered not later than the 30th day before election
  day.
         SECTION 8.  Section 4.003(c), Election Code, is amended to
  read as follows:
         (c)  In addition to any other notice given, notice of an
  election ordered by the governor, by a county authority,
  [commissioners court] or by an authority of a city or school
  district must be given by the method prescribed by Subsection
  (a)(1).
         SECTION 9.  Section 4.004(a), Election Code, is amended to
  read as follows:
         (a)  The notice of a general or special election must state:
               (1)  the nature and date of the election;
               (2)  except as provided by Subsection (c), the location
  of each polling place;
               (3)  the hours that the polls will be open; [and]
               (4)  the Internet website of the authority conducting
  the election; and
               (5)  any other information required by other law.
         SECTION 10.  Section 13.002(i), Election Code, is amended to
  read as follows:
         (i)  An applicant who wishes to receive an exemption from the
  requirements of Section 63.001(b) on the basis of disability must
  submit [include with the person's application]:
               (1)  written documentation:
                     (A)  from the United States Social Security
  Administration evidencing the applicant has been determined to have
  a disability; or
                     (B)  from the United States Department of Veterans
  Affairs evidencing the applicant has a disability rating of at
  least 50 percent; and
               (2)  a statement in a form prescribed by the secretary
  of state that the applicant does not have a form of identification
  acceptable under Section 63.0101.
         SECTION 11.  Section 13.004(c), Election Code, as amended by
  Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
  Acts of the 86th Legislature, Regular Session, 2019, is reenacted
  and amended to read as follows:
         (c)  The following information furnished on a registration
  application is confidential and does not constitute public
  information for purposes of Chapter 552, Government Code:
               (1)  a social security number;
               (2)  a Texas driver's license number;
               (3)  a number of a personal identification card issued
  by the Department of Public Safety;
               (4)  [an indication that an applicant is interested in
  working as an election judge;
               [(5)]  the residence address of the applicant, if the
  applicant is a federal judge or state judge, the spouse of a federal
  judge or state judge, the spouse of a peace officer as defined by
  Article 2.12, Code of Criminal Procedure, or an individual to whom
  Section 552.1175, Government Code, or Section 521.1211,
  Transportation Code, applies and the applicant:
                     (A)  included an affidavit with the registration
  application describing the applicant's status under this
  subdivision, if the applicant is a federal judge or state judge or
  the spouse of a federal judge or state judge;
                     (B)  provided the registrar with an affidavit
  describing the applicant's status under this subdivision, if the
  applicant is a federal judge or state judge or the spouse of a
  federal judge or state judge; or
                     (C)  provided the registrar with a completed form
  approved by the secretary of state for the purpose of notifying the
  registrar of the applicant's status under this subdivision;
               (5) [(6)]  the residence address of the applicant, if
  the applicant, the applicant's child, or another person in the
  applicant's household is a victim of family violence as defined by
  Section 71.004, Family Code, who provided the registrar with:
                     (A)  a copy of a protective order issued under
  Chapter 85, Family Code, or a magistrate's order for emergency
  protection issued under Article 17.292, Code of Criminal Procedure;
  or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of family
  violence;
               (6) [(7)]  the residence address of the applicant, if
  the applicant, the applicant's child, or another person in the
  applicant's household is a victim of sexual assault or abuse,
  stalking, or trafficking of persons who provided the registrar
  with:
                     (A)  a copy of a protective order issued under
  Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
  magistrate's order for emergency protection issued under Article
  17.292, Code of Criminal Procedure; or
                     (B)  other independent documentary evidence
  necessary to show that the applicant, the applicant's child, or
  another person in the applicant's household is a victim of sexual
  assault or abuse, stalking, or trafficking of persons;
               (7) [(8)]  the residence address of the applicant, if
  the applicant:
                     (A)  is a participant in the address
  confidentiality program administered by the attorney general under
  Subchapter B, Chapter 58, Code of Criminal Procedure; and
                     (B)  provided the registrar with proof of
  certification under Article 58.059, Code of Criminal Procedure; or
               (8) [(9)]  the telephone number of any applicant
  submitting documentation under Subdivision (4), (5), (6), or (7)[,
  or (8)].
         SECTION 12.  Section 13.072(d), Election Code, is amended to
  read as follows:
         (d)  If an application clearly indicates that the applicant
  resides in another county, the registrar shall forward the
  application to the other county's registrar not later than the
  second day after the date the application is received [and, if the
  other county is not contiguous, shall deliver written notice of
  that action to the applicant not later than the seventh day after
  the date the application is received]. The date of submission of a
  completed application to the wrong registrar is considered to be
  the date of submission to the proper registrar for purposes of
  determining the effective date of the registration.
         SECTION 13.  Section 13.142(a), Election Code, is amended to
  read as follows:
         (a)  After approval of a registration application, the
  registrar shall:
               (1)  prepare a voter registration certificate [in
  duplicate] and issue the original certificate to the applicant; and
               (2)  enter the applicant's county election precinct
  number and registration number on the applicant's registration
  application.
         SECTION 14.  Section 13.143(d-2), Election Code, is amended
  to read as follows:
         (d-2)  For a registration application submitted by
  telephonic facsimile machine to be effective, a copy of the
  original registration application containing the voter's original
  signature must be submitted by personal delivery or mail and be
  received by the registrar not later than the fourth business day
  after the transmission by telephonic facsimile machine is received.
         SECTION 15.  Section 15.001(a), Election Code, is amended to
  read as follows:
         (a)  Each voter registration certificate issued must
  contain:
               (1)  the voter's name in the form indicated by the
  voter, subject to applicable requirements prescribed by Section
  13.002 and by rule of the secretary of state;
               (2)  the voter's residence address or, if the residence
  has no address, the address at which the voter receives mail and a
  concise description of the location of the voter's residence;
               (3)  the [month, day, and] year of the voter's birth;
               (4)  the number of the county election precinct in
  which the voter resides;
               (5)  the voter's effective date of registration if an
  initial certificate;
               (6)  the voter's registration number;
               (7)  an indication of the period for which the
  certificate is issued;
               (8)  a statement explaining the circumstances under
  which the voter will receive a new certificate;
               (9)  a space for stamping the voter's political party
  affiliation;
               (10)  a statement that voting with the certificate by a
  person other than the person in whose name the certificate is issued
  is a felony;
               (11)  a space for the voter's signature;
               (12)  a statement that the voter must sign the
  certificate personally, if able to sign, immediately on receipt;
               (13)  a space for the voter to correct the information
  on the certificate followed by a signature line;
               (14)  the statement: "If any information on this
  certificate changes or is incorrect, correct the information in the
  space provided, sign below, and return this certificate to the
  voter registrar.";
               (15)  the registrar's mailing address and telephone
  number; and
               (16)  the jurisdictional or distinguishing number for
  the following territorial units in which the voter resides, as
  determined by the voter registrar:
                     (A)  congressional district;
                     (B)  state senatorial district;
                     (C)  state representative district;
                     (D)  commissioners precinct;
                     (E)  justice precinct;
                     (F)  city election precinct; and
                     (G)  school district election precinct.
         SECTION 16.  Section 15.022(a), Election Code, is amended to
  read as follows:
         (a)  The registrar shall make the appropriate corrections in
  the registration records, including, if necessary, deleting a
  voter's name from the suspense list:
               (1)  after receipt of a notice of a change in
  registration information under Section 15.021;
               (2)  after receipt of a voter's reply to a notice of
  investigation given under Section 16.033;
               (3)  after receipt of any affidavits executed under
  Section 63.006, following an election;
               (4)  after receipt of a voter's statement of residence
  executed under Section 63.0011;
               (5)  before the effective date of the abolishment of a
  county election precinct or a change in its boundary;
               (6)  after receipt of United States Postal Service
  information indicating an address reclassification;
               (7)  after receipt of a voter's response under Section
  15.053; [or]
               (8)  after receipt of a registration application or
  change of address under Chapter 20; or
               (9)  after notification of a data entry error of which
  the voter registrar is made aware under Section 63.0051.
         SECTION 17.  Section 15.023, Election Code, is amended to
  read as follows:
         Sec. 15.023.  TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
  If the name of a voter [whose residence is changed] on the list of
  registered voters [registration records to another county election
  precinct in the same county] appears on the suspense list, the
  voter's name shall be deleted from the list on the date the voter
  provides:
               (1)  a completed application to register to vote in
  accordance with Section 13.002; or
               (2)  a correction of information under Section
  15.021(d) [voter's registration in the precinct of new residence
  becomes effective].
         SECTION 18.  Section 15.051(d), Election Code, is amended to
  read as follows:
         (d)  The registrar shall maintain with the voter's record an
  indication that a confirmation notice was sent to the voter [a list
  of the confirmation notices mailed to voters, which for each notice
  must include the voter's name and the date the notice is mailed.
  The registrar shall maintain and retain the list in accordance with
  rules prescribed by the secretary of state].
         SECTION 19.  Section 15.053(a), Election Code, is amended to
  read as follows:
         (a)  The [Not later than the 30th day after the date a
  confirmation notice is mailed, the] voter shall submit to the
  registrar a written, signed response to the notice that confirms
  the voter's current residence. The response must contain all of the
  information that a person must include in an application to
  register to vote under Section 13.002.
         SECTION 20.  Section 15.082(b), Election Code, is amended to
  read as follows:
         (b)  The [fee for each] list shall be provided in accordance
  with Chapter 552, Government Code [or portion of a list furnished
  under this section may not exceed the actual expense incurred in
  reproducing the list or portion for the person requesting it and
  shall be uniform for each type of copy furnished. The registrar
  shall make reasonable efforts to minimize the reproduction
  expenses].
         SECTION 21.  Section 16.031(a), Election Code, is amended to
  read as follows:
         (a)  The registrar shall cancel a voter's registration
  immediately on receipt of:
               (1)  notice under Section 13.072(b), [or] 15.021, or
  18.0681(d) or a response under Section 15.053 that the voter's
  residence is outside the county;
               (2)  an abstract of the voter's death certificate under
  Section 16.001(a) or an abstract of an application indicating that
  the voter is deceased under Section 16.001(b);
               (3)  an abstract of a final judgment of the voter's
  total mental incapacity, partial mental incapacity without the
  right to vote, conviction of a felony, or disqualification under
  Section 16.002, 16.003, or 16.004;
               (4)  notice under Section 112.012 that the voter has
  applied for a limited ballot in another county;
               (5)  notice from a voter registration official in
  another state that the voter has registered to vote outside this
  state;
               (6)  notice from the early voting clerk under Section
  101.053 that a federal postcard application submitted by an
  applicant states a voting residence address located outside the
  registrar's county; or
               (7)  notice from the secretary of state that the voter
  has registered to vote in another county, as determined by the
  voter's driver's license number or personal identification card
  number issued by the Department of Public Safety or social security
  number.
         SECTION 22.  Section 16.032, Election Code, is amended to
  read as follows:
         Sec. 16.032.  CANCELLATION FOLLOWING END OF SUSPENSE LIST
  PERIOD. If on November 30 following the second general election for
  state and county officers that occurs after the date the voter's
  name is entered on the suspense list a registered voter's name
  appears on the suspense list, the registrar shall cancel the
  voter's registration unless the name is to be deleted from the list
  under Section 15.022 or 15.023.
         SECTION 23.  Section 16.0921(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (c), on the filing of a
  sworn statement under Section 16.092 alleging a ground based on
  residence, the registrar shall promptly deliver to the voter whose
  registration is challenged a confirmation notice in accordance with
  Section 15.051, unless the residential address provided in the
  challenge for the voter is different from the voter's current
  residential address indicated on the registration records.
         SECTION 24.  Section 18.002(c), Election Code, is amended to
  read as follows:
         (c)  An additional copy of each list shall be furnished for
  use in early voting and as needed in order to ensure all voters
  eligible to vote in an election appear correctly on the original
  list.
         SECTION 25.  Section 18.003(c), Election Code, is amended to
  read as follows:
         (c)  An additional copy of each list shall be furnished for
  use in early voting and as needed in order to ensure all voters
  eligible to vote in an election appear correctly on the original
  list.
         SECTION 26.  Section 18.005(a), Election Code, is amended to
  read as follows:
         (a)  Each original and supplemental list of registered
  voters must:
               (1)  contain the voter's name, date of birth, and
  registration number as provided by the statewide computerized voter
  registration list;
               (2)  contain the voter's residence address, except as
  provided by Subsections (b) and (c) [or Section 18.0051];
               (3)  be arranged alphabetically by voter name; and
               (4)  contain the notation required by Section 15.111.
         SECTION 27.  Sections 18.061(b) and (d), Election Code, are
  amended to read as follows:
         (b)  The statewide computerized voter registration list
  must:
               (1)  contain the name and registration information of
  each voter registered in the state;
               (2)  assign a unique identifier to each registered
  voter; and
               (3)  be available to any county election official in
  the state through immediate electronic access.
         (d)  The secretary of state may contract with counties to
  provide them with electronic data services to facilitate the
  implementation and maintenance of the statewide computerized voter
  registration list. The secretary shall use funds collected under
  the contracts to defray expenses incurred in implementing and
  maintaining the statewide computerized voter registration list.
         SECTION 28.  Section 18.0681(d), Election Code, is amended
  to read as follows:
         (d)  If the secretary of state determines that a voter on the
  registration list has more than one registration record on file
  based on a strong match, the secretary shall send notice of the
  determination to the voter registrar of the [each] county with the
  oldest registration record in which the voter is registered to
  vote. If the voter records identified are:
               (1)  located in the same county, the voter registrar
  may merge the records following a determination that each record
  belongs to the same voter using the procedure for the correction of
  registration records under Section 15.022; or
               (2)  located in more than one county, the registrar of
  the county with the oldest record may deliver a written
  confirmation notice in accordance with Section 15.051 or cancel the
  registration of the voter in accordance with Section 16.031(a)(1),
  provided that the voter's record in the county with the newest
  registration record is not on the suspense list.
         SECTION 29.  Section 18.069, Election Code, is amended to
  read as follows:
         Sec. 18.069.  VOTING HISTORY. Not later than the 30th day
  after the date of the primary, runoff primary, or general election
  or any special election ordered by the governor, the general
  custodian of election records [registrar] shall electronically
  submit to the secretary of state the record of each voter
  participating in the election. The record must include a notation
  of whether the voter voted on election day, voted early by personal
  appearance, voted early by mail under Chapter 86, or voted early by
  mail under Chapter 101.
         SECTION 30.  The heading to Section 31.005, Election Code,
  is amended to read as follows:
         Sec. 31.005.  PROTECTION OF VOTING RIGHTS; ENFORCEMENT.
         SECTION 31.  Section 31.005, Election Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The secretary of state may order [If the secretary
  determines that] a person performing official functions in the
  administration of any part of the electoral processes to correct
  offending conduct if the secretary determines that the person is
  exercising the powers vested in that person in a manner that:
               (1)  impedes the free exercise of a citizen's voting
  rights; or
               (2)  unless acting under an order of a court of
  competent jurisdiction, delays or cancels an election that the
  person does not have specific statutory authority to delay or
  cancel.
         (c)[, the secretary may order the person to correct the
  offending conduct.] If a [the] person described by Subsection (b)
  fails to comply with an order from the secretary of state under this
  section, the secretary may seek enforcement of the order by a
  temporary restraining order or a writ of injunction or mandamus
  obtained through the attorney general.
         SECTION 32.  Section 31.093(a), Election Code, is amended to
  read as follows:
         (a)  Subject to Section 41.001(d), if [If] requested to do so
  by a political subdivision, the county elections administrator
  shall enter into a contract to furnish the election services
  requested, in accordance with a cost schedule agreed on by the
  contracting parties.
         SECTION 33.  Section 31.096, Election Code, is amended to
  read as follows:
         Sec. 31.096.  NONTRANSFERABLE FUNCTIONS. An election
  services contract may not change:
               (1)  the authority with whom applications of candidates
  for a place on a ballot are filed;
               (2)  the authority with whom documents are filed under
  Title 15; or
               (3)  the political subdivision's requirement to
  maintain office hours under Section 31.122 [authority to serve as
  custodian of voted ballots or other election records, except that a
  contract with a political subdivision other than a city may provide
  that the county election officer will be the custodian of voted
  ballots].
         SECTION 34.  Section 31.124(a), Election Code, is amended to
  read as follows:
         (a)  A county election officer of each county shall hold a
  meeting with the county chair of each political party to discuss, as
  appropriate, the following for each primary election or general
  election for state and county officers:
               (1)  the lists provided by each political party under
  Section 85.009;
               (2)  the lists provided by each political party under
  Section 87.002(c); [and]
               (3)  the implementation of Subchapters A, B, C, and D,
  Chapter 87; and
               (4)  holding a joint primary, entering into an election
  services contract, and polling place locations.
         SECTION 35.  Section 32.114(a), Election Code, is amended to
  read as follows:
         (a)  The county clerk shall provide one or more sessions of
  training using the standardized training program and materials
  developed and provided by the secretary of state under Section
  32.111 for the election judges and clerks appointed to serve in
  elections ordered by the governor or a county authority. Each
  election judge shall complete the training program. The training
  program must include specific procedures related to the early
  voting ballot board and the central counting station, as
  applicable. Each election clerk shall complete the part of the
  training program relating to the acceptance and handling of the
  identification presented by a voter to an election officer under
  Section 63.001.
         SECTION 36.  Section 33.054, Election Code, is amended to
  read as follows:
         Sec. 33.054.  HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
  MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
  watcher serving at the meeting place of an early voting ballot board
  or signature verification committee may be present at any time the
  board or committee is processing or counting ballots and until the
  board or committee completes its duties. The watcher may serve
  during the hours the watcher chooses, except as provided by
  Subsection (b).
         (b)  A watcher serving at the meeting place of an early
  voting ballot board may not leave during voting hours on election
  day without the presiding judge's permission if the board has
  recorded any votes cast on voting machines or counted any ballots,
  unless the board has completed its duties and has been dismissed by
  the presiding judge.
         SECTION 37.  Sections 41.001(a) and (b), Election Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this subchapter, each
  general or special election in this state shall be held on one of
  the following dates:
               (1)  the first Saturday in May in an odd-numbered year;
               (2)  the first Saturday in May in an even-numbered
  year, for an election held by a political subdivision other than a
  county, or ordered by the governor; or
               (3)  the first Tuesday after the first Monday in
  November.
         (b)  Subsection (a) does not apply to:
               (1)  a runoff election;
               (2)  an election to resolve a tie vote;
               (3)  an election held under an order of a court or other
  tribunal;
               (4)  an emergency election ordered under Section
  41.0011 or any resulting runoff;
               (5)  an expedited election to fill a vacancy in the
  legislature held under Section 203.013;
               (6)  an election held under a statute that expressly
  provides that the requirement of Subsection (a) does not apply to
  the election; or
               (7)  the initial election of the members of the
  governing body of a newly incorporated city.
         SECTION 38.  Sections 43.007(a) and (m), Election Code, are
  amended to read as follows:
         (a)  The secretary of state shall implement a program to
  allow each commissioners court participating in the program to
  eliminate county election precinct polling places and establish
  countywide polling places for:
               (1)  any election required to be conducted by the
  county [each general election for state and county officers];
               (2)  any election held as part of a joint election
  agreement with a county under Chapter 271 [each election held on the
  uniform election date in May and any resulting runoff];
               (3)  any election held under contract for election
  services with a county under Subchapter D, Chapter 31 [each
  election on a proposed constitutional amendment];
               (4)  each primary election and runoff primary election
  if:
                     (A)  the county chair or county executive
  committee of each political party participating in a joint primary
  election under Section 172.126 agrees to the use of countywide
  polling places; or
                     (B)  the county chair or county executive
  committee of each political party required to nominate candidates
  by primary election agrees to use the same countywide polling
  places; and
               (5)  each election of a political subdivision located
  in the county that is held jointly with an election described by
  Subdivision [(1), (2),] (3)[,] or (4).
         (m)  In adopting a methodology under Subsection (f), the
  county must ensure that:
               (1)  each county commissioners precinct contains at
  least one countywide polling place; and
               (2)  the total number of [permanent branch and
  temporary branch] polling places open for voting in a county
  commissioners precinct does not exceed more than twice the number
  of [permanent branch and temporary branch] polling places in
  another county commissioners precinct.
         SECTION 39.  Section 52.070, Election Code, is amended by
  amending Subsections (a), (b), and (e) and adding Subsection (f) to
  read as follows:
         (a)  A shape [square] for voting shall be printed to the left
  of each candidate's name on a ballot.
         (b)  Immediately below "OFFICIAL BALLOT," the following
  instruction shall be printed: "Vote for the candidate of your
  choice in each race by placing an 'X' or filling in the shape
  [square] beside the candidate's name."
         (e)  A shape [square] shall be printed to the left of each
  line provided for write-in voting under Section 52.066(c), but
  failure to place a mark in the shape [square] does not affect the
  counting of a write-in vote.
         (f)  Any variation from this instruction must be approved by
  the secretary of state.
         SECTION 40.  Section 52.094(d), Election Code, is amended to
  read as follows:
         (d)  The [For an election held at county expense or a city
  election, on receipt of a candidate's written request accompanied
  by a stamped, self-addressed envelope, the authority conducting the
  drawing shall mail written notice of the date, hour, and place of
  the drawing to the candidate. For an election held by any other
  political subdivision, the] authority conducting the drawing shall
  provide [mail written] notice of the date, hour, and place of the
  drawing to each candidate by:
               (1)  written notice:
                     (A)  mailed to[, at] the address stated on the
  candidate's application for a place on the ballot, not later than
  the fourth day before the date of the drawing; or
                     (B)  provided at the time the candidate files an
  application with the appropriate authority;
               (2)  telephone, if a telephone number is provided on
  the candidate's application for a place on the ballot; or
               (3)  e-mail, if an e-mail address is provided on the
  candidate's application for a place on the ballot.
         SECTION 41.  Section 63.0011, Election Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  The statement described by Subsection (c) must
  include a field for the voter to enter the voter's current county of
  residence.
         SECTION 42.  Chapter 63, Election Code, is amended by adding
  Sections 63.005 and 63.0051 to read as follows:
         Sec. 63.005.  REGISTRATION OMISSIONS LIST. (a) A
  registration omissions list shall be maintained by an election
  officer at the polling place.
         (b)  With respect to each voter who is accepted for voting
  but whose name is not on the list of registered voters for the
  precinct in which the voter is accepted, the election officer shall
  record:
               (1)  the voter's name, residence address, and voter
  registration number, if known; and
               (2)  a notation of the section of this code under which
  the voter is accepted that provides for accepting voters who are not
  on the list.
         Sec. 63.0051.  CONFIRMING REGISTRATION STATUS OF VOTER. (a)
  If the name of a voter who is offering to vote is not on the precinct
  list of registered voters, an election officer may contact the
  voter registrar regarding the voter's registration status.
         (b)  If the election officer determines the voter is a
  registered voter of the territory covered by the election but is
  offering to vote in the incorrect precinct, the election officer
  shall provide the correct precinct location information to the
  voter.
         (c)  Notwithstanding Section 63.009, a voter shall be
  accepted for voting if the voter's identity has been verified from
  documentation as required by Section 63.001(b) and it can be
  determined from the voter registrar that:
               (1)  the voter's registration was improperly canceled
  and has been reinstated under Section 16.037;
               (2)  an error in the voter registration record caused
  the voter's name to not appear on the list of registered voters, and
  the error has been corrected under Section 15.022; or
               (3)  the voter's name has been inadvertently left off
  the list of registered voters for the precinct.
         (d)  After the voter is accepted under Subsection (c), an
  election officer shall enter the voter's name on the registration
  omissions list.
         (e)  The voter shall be accepted for provisional voting under
  Section 63.011 if the election officer cannot determine that the
  voter is a registered voter of the territory covered by the election
  in which the voter is offering to vote.
         SECTION 43.  Section 65.052, Election Code, is amended to
  read as follows:
         Sec. 65.052.  DUTY OF VOTER REGISTRAR. The secretary of
  state shall prescribe procedures by which the voter registrar of
  the county in which a provisional ballot is cast shall provide
  assistance to the early voting ballot board in executing its
  authority under this subchapter. In an election described by
  Section 65.051(a-1), the procedures must allow for 10 [seven]
  calendar days for the voter registrar to review a provisional
  voter's eligibility.
         SECTION 44.  Subchapter B, Chapter 65, Election Code, is
  amended by adding Section 65.0581 to read as follows:
         Sec. 65.0581.  PUBLIC INSPECTION OF PROVISIONAL VOTING
  RECORDS. Provisional voting records are not available for public
  inspection until the first business day after the date the early
  voting ballot board completes the verification and counting of
  provisional ballots under Section 65.051 and delivers the
  provisional ballots and other provisional voting records to the
  general custodian of election records.
         SECTION 45.  Chapter 82, Election Code, is amended by adding
  Section 82.008 to read as follows:
         Sec. 82.008.  INVOLUNTARY CIVIL COMMITMENT. A qualified
  voter is eligible for early voting by mail if, at the time the
  voter's early voting ballot application is submitted, the voter is
  a person who is civilly committed as a sexually violent predator
  under Chapter 841, Health and Safety Code, and is ordered as a
  condition of civil commitment to reside in a facility operated by or
  under contract with the Texas Civil Commitment Office.
         SECTION 46.  Section 83.010, Election Code, is amended to
  read as follows:
         Sec. 83.010.  PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
  election order and the election notice must state the early voting
  clerk's official mailing address or street address at which the
  clerk may receive delivery by common or contract carrier, if
  different, phone number, e-mail address, and Internet website, if
  the early voting clerk has an Internet website[, except for an
  election in which a county clerk or city secretary is the early
  voting clerk under Section 83.002 or 83.005].
         SECTION 47.  Section 84.002(a), Election Code, is amended 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;
               (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; [and]
               (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).
         SECTION 48.  Section 84.007(e), Election Code, is amended to
  read as follows:
         (e)  The early voting clerk shall designate an e-mail address
  for receipt of an application under Subsection (b)(4). The
  secretary of state shall include the e-mail address designated by
  each early voting clerk [addresses] on the secretary of state's
  website.
         SECTION 49.  Section 84.008(a), Election Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this code, an [An]
  applicant for a ballot to be voted by mail may submit the
  application by delivering it in person to the early voting clerk if
  the application is submitted not later than the deadline provided
  by Section 84.007(c) [close of regular business in the clerk's
  office on the day before the first day of the period for early
  voting by personal appearance].
         SECTION 50.  Section 84.011(a), Election Code, is amended to
  read as follows:
         (a)  The officially prescribed application form for an early
  voting ballot must include:
               (1)  immediately preceding the signature space the
  statement: "I certify that the information given in this
  application is true, and I understand that giving false information
  in this application is a 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; 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 51.  Section 85.004, Election Code, is amended to
  read as follows:
         Sec. 85.004.  PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
  The election order and the election notice must designate and state
  the location of the main early voting polling place.
         SECTION 52.  Section 85.007(d), Election Code, is amended to
  read as follows:
         (d)  Any notice required under this section must also be
  posted:
               (1)  on the Internet website of the authority ordering
  the election, if the authority maintains a website; and
               (2)  for a primary election or the general election for
  state and county officers, by the secretary of state on the
  secretary's Internet website.
         SECTION 53.  Section 85.062(d), Election Code, is amended to
  read as follows:
         (d)  In a primary election, the general election for state
  and county officers, or a special election to fill a vacancy in the
  legislature or in congress:
               (1)  the commissioners court of a county with a
  population of 400,000 or more shall establish one or more early
  voting polling places other than the main early voting polling
  place in each state representative district containing territory
  covered by the election, except that the polling place or places
  shall be established in the state senatorial or congressional
  district, as applicable, in a special election to fill a vacancy in
  the office of state senator or United States representative;
               (2)  the commissioners court of a county with a
  population of 120,000 or more but less than 400,000 shall establish
  one or more early voting polling places other than the main early
  voting polling place in each commissioners precinct containing
  territory covered by the election; and
               (3)  the early voting clerk [commissioners court] of a
  county with a population of 100,000 or more but less than 120,000
  shall establish one or more early voting polling places as
  described by Subdivision (2) in each precinct for which the early
  voting clerk [commissioners court] receives in time to enable
  compliance with Section 85.067 a written request for that action
  submitted by at least 15 registered voters of that precinct.
         SECTION 54.  The heading to Section 85.064, Election Code,
  is amended to read as follows:
         Sec. 85.064.  DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
  POPULOUS COUNTY.
         SECTION 55.  Section 85.064, Election Code, is amended by
  adding Subsection (a) to read as follows:
         (a)  This section applies only to an election in which the
  territory served by the early voting clerk is situated in a county
  with a population of 100,000 or more. In an election in which the
  territory served by the clerk is situated in more than one county,
  this section applies if the sum of the populations of the counties
  is 100,000 or more.
         SECTION 56.  Subchapter C, Chapter 85, Election Code, is
  amended by adding Section 85.065 to read as follows:
         Sec. 85.065.  DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
  LESS POPULOUS COUNTY. (a) This section applies only to an election
  in which the territory served by the early voting clerk is situated
  in a county with a population under 100,000. In an election in which
  the territory served by the clerk is situated in more than one
  county, this section applies if the sum of the populations of the
  counties is under 100,000.
         (b)  Except as provided by Subsection (c), voting at a
  temporary branch polling place may be conducted on any days and
  during any hours of the period for early voting by personal
  appearance, as determined by the authority establishing the branch.
  The authority authorized under Section 85.006 to order early voting
  on a Saturday or Sunday may also order, in the manner prescribed by
  that section, early voting to be conducted on a Saturday or Sunday
  at any one or more of the temporary branch polling places.
         (c)  Voting at a temporary branch polling place must be
  conducted on at least two consecutive business days and for at least
  eight consecutive hours on each of those days.
         (d)  The schedules for conducting voting are not required to
  be uniform among the temporary branch polling places.
         SECTION 57.  Section 85.068(a), Election Code, is amended to
  read as follows:
         (a)  The early voting clerk shall post notice for each
  election stating any dates and the hours that voting on Saturday or
  Sunday will be conducted under Section 85.064(d) or 85.065(b), if
  the early voting clerk is a county clerk or city secretary under
  Section 83.002 or 83.005.
         SECTION 58.  Section 86.0015(c), Election Code, is amended
  to read as follows:
         (c)  In an election of a political subdivision located in a
  county in which the county clerk is not the early voting clerk, the
  county clerk shall provide the early voting clerk of the political
  subdivision that is holding the election a list of voters in the
  portion of the political subdivision located in the county who have
  ballot applications on file under this section along with copies of
  the applications submitted by those voters. The early voting clerk
  shall provide a ballot to be voted by mail to each voter on the list
  for whom the early voting clerk received a copy of an application
  submitted under this section.
         SECTION 59.  Section 86.002(f), Election Code, is amended to
  read as follows:
         (f)  The clerk shall include with the balloting materials:
               (1)  a notice of the clerk's physical address for
  purposes of return by common or contract carrier or personal
  delivery in accordance with Section 86.006(a-1); and
               (2)  the list of declared write-in candidates for the
  election, if applicable.
         SECTION 60.  Sections 86.003(c) and (d), Election Code, are
  amended to read as follows:
         (c)  The address to which the balloting materials must be
  addressed is the address at which the voter is registered to vote,
  or the registered mailing address if different, unless the ground
  for voting by mail is:
               (1)  absence from the county of residence, in which
  case the address must be an address outside the voter's county of
  residence;
               (2)  confinement in jail, in which case the address
  must be the address of the jail or of a relative described by
  Section 84.002(a)(4); [or]
               (3)  age or disability and the voter is living at a
  hospital, nursing home or other long-term care facility, or
  retirement center, or with a relative described by Section
  84.002(a)(3), in which case the address must be the address of that
  facility or relative; or
               (4)  involuntary civil commitment, in which case the
  address must be the address of the facility or of a relative
  described by Section 84.002(a)(7).
         (d)  If the applicable address specified in a voter's
  application is an address other than that prescribed by Subsection
  (c) or subject to Section 86.002(a), the voter's application shall
  be rejected in accordance with Section 86.001(c).
         SECTION 61.  Section 86.009, Election Code, is amended by
  amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (e)  Except as provided by Subsection (f), a [A] voter's
  defective ballot that is timely returned to the clerk as a marked
  ballot shall be treated as:
               (1)  a marked ballot not timely returned if the
  corrected ballot is timely returned as a marked ballot by the close
  of the polls on election day; or
               (2)  as the voter's ballot for the election if the
  corrected ballot is not timely returned by the close of the polls on
  election day.
         (f)  A ballot to be voted by mail under Chapter 101 corrected
  under this section may be counted if it is timely returned as
  required by Section 101.057.
         SECTION 62.  Section 87.0222(a), Election Code, is amended
  to read as follows:
         (a)  Notwithstanding Section 87.024, in an election
  conducted by an authority of a county with a population of 100,000
  or more, or conducted jointly with such a county or conducted with
  such a county through a contract for election services, the jacket
  envelopes containing the early voting ballots voted by mail may be
  delivered to the board between the end of the ninth day before the
  last day of the period for early voting by personal appearance and
  the closing of the polls on election day, or as soon after closing
  as practicable, at the time or times specified by the presiding
  judge of the board.
         SECTION 63.  Section 87.0241(b), Election Code, is amended
  to read as follows:
         (b)  The board may not count early voting ballots until:
               (1)  the polls open on election day; or
               (2)  in an election conducted by an authority of a
  county with a population of 100,000 or more, or conducted jointly
  with such a county or conducted with such a county through a
  contract for election services, the end of the period for early
  voting by personal appearance.
         SECTION 64.  Section 101.001, Election Code, is amended to
  read as follows:
         Sec. 101.001.  ELIGIBILITY. A person is eligible for early
  voting by mail as provided by this chapter if:
               (1)  the person is qualified to vote in this state or,
  if not registered to vote in this state, would be qualified if
  registered; and
               (2)  the person is:
                     (A)  a member of the armed forces of the United
  States, or the spouse or a dependent of a member;
                     (B)  a member of the merchant marine of the United
  States, or the spouse or a dependent of a member;
                     (B-1)  a member of the Texas National Guard or the
  National Guard of another state or a member of a reserve component
  of the armed forces of the United States serving on active duty
  under an order of the president of the United States or activated on
  state orders, or the spouse or dependent of a member; or
                     (C)  domiciled in this state but temporarily
  living outside the territorial limits of the United States and the
  District of Columbia.
         SECTION 65.  Section 101.003(1), Election Code, is amended
  to read as follows:
               (1)  "Federal postcard application" means an
  application for a ballot to be voted under this chapter submitted on
  the official federal form prescribed under the federal Uniformed
  and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
  through 20311) [(42 U.S.C. Section 1973ff et seq.)].
         SECTION 66.  Section 101.008, Election Code, is amended to
  read as follows:
         Sec. 101.008.  STATUS OF APPLICATION OR BALLOT VOTED. The
  secretary of state, in coordination with county [local] election
  officials, shall implement an electronic free-access system by
  which a person eligible for early voting by mail under this chapter
  or Chapter 114 may determine by telephone, by e-mail, or over the
  Internet whether:
               (1)  the person's federal postcard application or other
  registration or ballot application has been received and accepted;
  and
               (2)  the person's ballot has been received and the
  current status of the ballot.
         SECTION 67.  Sections 101.052(a-1) and (c), Election Code,
  are amended to read as follows:
         (a-1)  A federal postcard application must be submitted by:
               (1)  mail; [or]
               (2)  electronic transmission of an image of the
  application under procedures prescribed by the secretary of state;
               (3)  in-person delivery in accordance with Section
  84.008; or
               (4)  common or contract carrier.
         (c)  An application is considered submitted in the following
  calendar year for purposes of this section if:
               (1)  the applicant is eligible to vote in an election
  occurring in January or February of the next calendar year; and
               (2)  the application is submitted in the last 60 days of
  a calendar year but not earlier than the 60th day before the date of
  the January or February election [A federal postcard application
  requesting a ballot for an election to be held in January or
  February may be submitted in the preceding calendar year but not
  earlier than the earliest date for submitting a regular application
  for a ballot to be voted by mail].
         SECTION 68.  Section 101.054(c), Election Code, is amended
  to read as follows:
         (c)  An application shall be treated as if it requests a
  ballot for a runoff election that results from an election for which
  a ballot is requested, including a runoff election that occurs in
  the next calendar year.
         SECTION 69.  Section 101.056(a), Election Code, is amended
  to read as follows:
         (a)  The balloting materials provided under this subchapter
  shall be airmailed to the voter free of United States postage, as
  provided by the federal Uniformed and Overseas Citizens Absentee
  Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
  Section 1973ff et seq.)], in an envelope labeled "Official Election
  Balloting Material - via Airmail." The secretary of state shall
  provide early voting clerks with instructions on compliance with
  this subsection.
         SECTION 70.  Section 101.057(b), Election Code, is amended
  to read as follows:
         (b)  A ballot voted by a voter described by Section
  101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
  arrives at the address on the carrier envelope not later than the
  sixth day after the date of the election, except that if that date
  falls on a Saturday, Sunday, or legal state or national holiday,
  then the deadline is extended to the next regular business day.
         SECTION 71.  Section 101.058, Election Code, is amended to
  read as follows:
         Sec. 101.058.  OFFICIAL CARRIER ENVELOPE. The officially
  prescribed carrier envelope for voting under this subchapter shall
  be prepared so that it can be mailed free of United States postage,
  as provided by the federal Uniformed and Overseas Citizens Absentee
  Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
  Section 1973ff et seq.)], and must contain the label prescribed by
  Section 101.056(a) for the envelope in which the balloting
  materials are sent to a voter. The secretary of state shall provide
  early voting clerks with instructions on compliance with this
  section.
         SECTION 72.  Section 101.102(b), Election Code, is amended
  to read as follows:
         (b)  The early voting clerk shall grant a request made under
  this section for the e-mail transmission of balloting materials if:
               (1)  the requestor has submitted a valid federal
  postcard application and:
                     (A)  if the requestor is a person described by
  Section 101.001(2)(C), has provided a current mailing address that
  is located outside the United States; or
                     (B)  if the requestor is a person described by
  Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
  mailing address that is located outside the requestor's county of
  residence;
               (2)  the requestor provides an e-mail address:
                     (A)  that corresponds to the address on file with
  the requestor's federal postcard application; or
                     (B)  stated on a newly submitted federal postcard
  application;
               (3)  the request is submitted on or before the deadline
  prescribed by Section 84.007 [seventh day before the date of the
  election]; and
               (4)  a marked ballot for the election from the
  requestor has not been received by the early voting clerk.
         SECTION 73.  Section 101.107(a), Election Code, is amended
  to read as follows:
         (a)  A voter described by Section 101.001(2)(A), [or] (B), or
  (B-1) must be voting from outside the voter's county of residence.
  A voter described by Section 101.001(2)(C) must be voting from
  outside the United States.
         SECTION 74.  Section 102.002, Election Code, is amended to
  read as follows:
         Sec. 102.002.  CONTENTS OF APPLICATION. An application for
  a late ballot must comply with the applicable provisions of Section
  84.002 and must include or be accompanied by a certificate of a
  licensed physician or chiropractor or accredited Christian Science
  practitioner in substantially the following form:
         "This is to certify that I know that __________ has a sickness
  or physical condition that will prevent him or her from appearing at
  the polling place for an election to be held on the __________ day
  of __________, 20 [19]___, without a likelihood of needing personal
  assistance or of injuring his or her health and that the sickness or
  physical condition originated on or after __________.
         "Witness my hand at __________, Texas, this __________ day of
  __________, 20 [19]___.
                                       ________________________________
                                       (signature of physician,
                                       chiropractor, or practitioner)"
         SECTION 75.  Section 113.003, Election Code, is amended to
  read as follows:
         Sec. 113.003.  SUBMITTING APPLICATION FOR MAIL BALLOT. An
  application for a presidential ballot to be voted by mail must be
  submitted to the early voting clerk serving the county of the
  applicant's most recent registration to vote by the deadline
  prescribed by Section 84.007.
         SECTION 76.  Section 141.032(g), Election Code, is amended
  to read as follows:
         (g)  Except as otherwise provided by this code [After the
  filing deadline]:
               (1)  a candidate may not amend an application filed
  under Section 141.031; and
               (2)  the authority with whom the application is filed
  may not accept an amendment to an application filed under Section
  141.031.
         SECTION 77.  Section 141.034(a), Election Code, is amended
  to read as follows:
         (a)  An application for a place on the ballot may not be
  challenged for compliance with the applicable requirements as to
  form, content, and procedure after the 50th day before the date of 
  [day before any ballot to be voted early by mail is mailed to an
  address in the authority's jurisdiction for] the election for which
  the application is made.
         SECTION 78.  The heading to Section 141.040, Election Code,
  is amended to read as follows:
         Sec. 141.040.  NOTICE OF DEADLINES AND FILING METHODS.
         SECTION 79.  Section 141.040, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An authority shall designate an e-mail address in the
  notice required by this section for the purpose of filing an
  application for a place on the ballot under Section 143.004.
         SECTION 80.  Section 141.063, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The signer's residence address and registration address
  are not required to be the same if the signer would otherwise be
  able to vote for that office under Section 11.004 or 112.002.
         SECTION 81.  Chapter 141, Election Code, is amended by
  adding Subchapter D, and a heading is added to that subchapter to
  read as follows:
  SUBCHAPTER D. COERCION OF CANDIDACY
         SECTION 82.  Section 2.054, Election Code, is transferred to
  Subchapter D, Chapter 141, Election Code, as added by this Act,
  redesignated as Section 141.101, Election Code, and amended to read
  as follows:
         Sec. 141.101 [2.054].  COERCION AGAINST CANDIDACY
  PROHIBITED. (a) A [In an election that may be subject to this
  subchapter, a] person commits an offense if by intimidation or by
  means of coercion the person influences or attempts to influence a
  person to:
               (1)  not file an application for a place on the ballot
  or a declaration of write-in candidacy; or
               (2)  withdraw as a candidate.
         (b)  In this section, "coercion" has the meaning assigned by
  Section 1.07, Penal Code.
         (c)  An offense under this section is a Class A misdemeanor
  unless the intimidation or coercion is a threat to commit a felony,
  in which event it is a felony of the third degree.
         SECTION 83.  Section 143.004, Election Code, is amended to
  read as follows:
         Sec. 143.004.  APPLICATION REQUIRED. (a) Subject to
  Section 143.005, to be entitled to a place on the ballot, a
  candidate must make an application for a place on the ballot.
         (b)  An application, other than an application required to be
  accompanied by fee, may be filed through e-mail transmission of the
  completed application in a scanned format to the e-mail address
  designated by the filing authority in the notice required under
  Section 141.040.
         SECTION 84.  Section 144.003(a), Election Code, is amended
  to read as follows:
         (a)  Except as otherwise provided by law, to be entitled to a
  place on the ballot, a candidate must make an application for a
  place on the ballot. An application, other than an application
  required to be accompanied by fee, may be filed through e-mail
  transmission of the completed application in a scanned format to
  the e-mail address designated by the filing authority in the notice
  required under Section 141.040.
         SECTION 85.  Section 145.003, Election Code, is amended by
  adding Subsection (j) to read as follows:
         (j)  This section does not apply to a challenge on an
  application under Section 141.034.
         SECTION 86.  Section 192.033(d), Election Code, is amended
  to read as follows:
         (d)  In conjunction with the certification required under
  Subsection (a), the secretary of state shall include appropriate
  ballot translation language, as applicable, for each language
  certified statewide or in a specific county by the director of the
  census under the federal Voting Rights Act (52 U.S.C. Section
  10503) [42 U.S.C. Section 1973aa-1a].
         SECTION 87.  Subchapter B, Chapter 201, Election Code, is
  amended by adding Section 201.030 to read as follows:
         Sec. 201.030.  VACANCY RESULTING FROM RECALL ELECTION. For
  cities conducting recall elections, a vacancy in the officer's
  office occurs on the date of the final canvass of a successful
  recall election.
         SECTION 88.  Section 203.004(b), Election Code, is amended
  to read as follows:
         (b)  If the election is to be held as an emergency election,
  it shall be held on a Tuesday or Saturday occurring on or after the
  36th day and on or before the 64th [50th] day after the date the
  election is ordered.
         SECTION 89.  Section 212.001, Election Code, is amended to
  read as follows:
         Sec. 212.001.  GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
  recount document submitted under this title must:
               (1)  be in writing;
               (2)  identify the office or measure for which a recount
  is desired;
               (3)  state the grounds for the recount;
               (4)  state the side of the measure that the person
  requesting the recount represents, if applicable;
               (5)  identify the election precincts, grouped by county
  or other appropriate territorial unit if the election involves more
  than one local canvassing authority, for which a recount is desired
  and must indicate the method of voting used in each precinct;
               (6)  be signed by:
                     (A)  the person requesting the recount or, if
  there is more than one, any one or more of them; or
                     (B)  an agent of the person requesting the
  recount;
               (7)  state each requesting person's name, residence
  address, and, if authorization to obtain the recount is based on
  eligibility to vote in the election, voter registration number, and
  county of registration if the election covers territory in more
  than one county;
               (8)  designate an agent who is a resident of this state
  to receive notice under this title on behalf of the person
  requesting the recount if:
                     (A)  the person requesting the recount is not a
  resident of this state; or
                     (B)  there is more than one person requesting the
  recount;
               (9)  state the mailing address and at least one
  telephone number, if any, at which the person requesting the
  recount or an agent, identified by name, may receive notice given
  under this title;
               (10)  state the mailing address, e-mail address, if
  any, and at least one telephone number, if any, at which the
  opposing candidates for the office or their agents, identified by
  name, may receive notice given under this title; and
               (11)  be accompanied by a deposit as provided by
  Subchapter E.
         SECTION 90.  Section 212.002(b), Election Code, is amended
  to read as follows:
         (b)  The designation is not effective unless the document
  states the designee's name, address, e-mail address, if any, and
  telephone number, if any.
         SECTION 91.  Section 212.028(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), a petition for an
  initial recount must be submitted by [the later of:
               [(1)  5 p.m. of the fifth day after election day; or
               [(2)]  5 p.m. of the second day after the date the
  canvassing authority to whose presiding officer the petition must
  be submitted completes its canvass of the original election
  returns.
         SECTION 92.  Section 212.031(a), Election Code, is amended
  to read as follows:
         (a)  If a recount petition complies with the applicable
  requirements, the recount coordinator shall approve the petition
  and note on the petition its approved status and the date of the
  approval. The recount coordinator shall immediately notify the
  recount supervisor of the approval. The recount supervisor shall,
  with the written approval of the recount coordinator, order the
  recount to be held on the later of [a date occurring not later than]
  the seventh day after the date the petition is determined to comply
  with the applicable requirements or the day after all ballots have
  been delivered to the general custodian of election records.
         SECTION 93.  Section 212.083, Election Code, is amended to
  read as follows:
         Sec. 212.083.  DEADLINE FOR SUBMITTING PETITION. The
  deadline for submitting a recount petition under this subchapter is
  [the later of:
               [(1)  2 p.m. of the third day after election day; or
               [(2)]  2 p.m. of the first day after the date of the
  local canvass.
         SECTION 94.  Section 212.112, Election Code, is amended to
  read as follows:
         Sec. 212.112.  AMOUNT OF DEPOSIT. The amount of the recount
  deposit is:
               (1)  $60 for each election day polling location or
  precinct, whichever results in a smaller amount, in which regular
  paper ballots were used; and
               (2)  $100 for each election day polling location or
  precinct, whichever results in a smaller amount, in which an
  electronic voting system was used.
         SECTION 95.  Section 216.003, Election Code, is amended to
  read as follows:
         Sec. 216.003.  INITIATING AUTOMATIC RECOUNT. For purposes
  of initiating an automatic recount, the authority designated under
  Section 212.026 shall order the recount [request the recount in the
  same manner as a recount petitioner under this title].
         SECTION 96.  Section 272.009, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  To be eligible to serve as a clerk under this section, a
  person must:
               (1)  be a qualified voter of the state and satisfy any
  additional eligibility requirements prescribed by written order of
  the commissioners court; or
               (2)  meet the eligibility requirements of a student
  election clerk under Section 32.0511.
         SECTION 97.  Section 277.002, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The signer's residence address and the address listed on
  the signer's registration are not required to be the same if the
  signer is eligible to vote under Section 11.004 or 112.002.
         SECTION 98.  Section 277.0024, Election Code, is amended to
  read as follows:
         Sec. 277.0024.  COMPUTING NUMBER OF SIGNATURES. (a) Except
  as provided by Subsection (b), if [If] the minimum number of
  signatures required for a petition is determined by a computation
  applied to the number of registered voters of a particular
  territory, voters whose names appear on the list of registered
  voters with the notation "S", or a similar notation, shall be
  excluded from the computation.
         (b)  The signature of a voter whose name appears on the list
  of registered voters with the notation "S", or a similar notation,
  is considered valid if the voter:
               (1)  is otherwise eligible to vote in the territory;
  and
               (2)  provides a residence address located in the
  territory.
         SECTION 99.  The following provisions of the Election Code
  are repealed:
               (1)  Sections 15.082(c) and (d);
               (2)  Subchapter F, Chapter 15;
               (3)  Section 18.0051;
               (4)  Section 18.008(c);
               (5)  Section 31.099(b);
               (6)  Section 42.061(c);
               (7)  Section 84.008(b); and
               (8)  Section 105.002.
         SECTION 100.  As soon as practicable after the effective
  date of this Act, the secretary of state shall adopt a statement of
  residence form as required by Section 63.0011, Election Code, as
  amended by this Act.
         SECTION 101.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3107 was passed by the House on May 7,
  2021, by the following vote:  Yeas 137, Nays 3, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3107 on May 28, 2021, by the following vote:  Yeas 146, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3107 was passed by the Senate, with
  amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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