Bill Text: TX HB3280 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to election integrity; creating a criminal offense.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2021-03-19 - Referred to Elections [HB3280 Detail]

Download: Texas-2021-HB3280-Introduced.html

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87R6470 BRG-D
By: Paul H.B. No. 3280

A BILL TO BE ENTITLED
AN ACT
relating to election integrity; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.007(f), Election Code, is amended to
read as follows:
(f) A person who is appointed as a replacement for a judge
originally appointed under Section 32.002 must be affiliated or
aligned with the same political party as was the original judge, if
possible, and the appointing authority shall make a reasonable
effort to consult with the party chair of the appropriate political
party before making an appointment under this section. A person who
is appointed as a replacement for a judge originally appointed
under Section 32.002 may not be related within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code, to a person appointed
as an election clerk in the same election precinct.
SECTION 2. Subchapter A, Chapter 32, Election Code, is
amended by adding Section 32.013 to read as follows:
Sec. 32.013. PROHIBITION ON APPOINTING RELATIVE OF
PRESIDING JUDGE AS ALTERNATE PRESIDING JUDGE. The authority
responsible for appointing an alternate presiding judge for an
election precinct may not appoint a person who is related within the
second degree by affinity or the third degree by consanguinity, as
determined under Subchapter B, Chapter 573, Government Code, to the
person appointed as presiding judge for the election precinct.
SECTION 3. Subchapter B, Chapter 32, Election Code, is
amended by adding Sections 32.036 and 32.037 to read as follows:
Sec. 32.036. PROHIBITION ON APPOINTING RELATIVES AS
ELECTION CLERKS. The presiding judge may not appoint a person as an
election clerk if the person is related within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code, to:
(1) the presiding judge; or
(2) another person appointed as an election clerk for
the same election precinct.
Sec. 32.037. NOTICE OF APPOINTMENT. Not later than the day
before election day, the presiding judge shall provide written
notice of the appointment to the person. The notice must state:
(1) the nature and date of the election;
(2) the hours that the election clerk will serve;
(3) the location of the polling place where the
election clerk will serve; and
(4) the name, e-mail address, and telephone number of
the presiding judge and alternate presiding judge.
SECTION 4. Subchapter A, Chapter 85, Election Code, is
amended by adding Sections 85.0092 and 85.0093 to read as follows:
Sec. 85.0092. PROHIBITION ON APPOINTMENT OF RELATIVE OF
ELECTION OFFICER. The early voting clerk may not appoint an
election officer for an early voting polling place who is related
within the second degree by affinity or the third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, to another person appointed as an election officer
for the same polling place.
Sec. 85.0093. NOTICE OF APPOINTMENT. Not later than the
beginning of the period for early voting by personal appearance,
the early voting clerk shall provide written notice to each person
appointed as an election officer stating:
(1) the nature and date of the election;
(2) the dates and hours that the election officer will
serve;
(3) the location of the polling place where the
election officer will serve; and
(4) the name, e-mail address, and telephone number of
the presiding judge and alternate presiding judge of the polling
place where the election officer will serve.
SECTION 5. Section 87.002, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The authority responsible for appointing a member of the
early voting ballot board may not appoint a person who is related
within the second degree by affinity or the third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, to another person appointed as a member of the
ballot board.
SECTION 6. Subchapter A, Chapter 87, Election Code, is
amended by adding Section 87.0041 to read as follows:
Sec. 87.0041. NOTICE OF APPOINTMENT REQUIRED. The
authority responsible for appointing a member of the early voting
ballot board shall provide written notice to each person appointed
as a member stating:
(1) the nature and date of the election;
(2) the date, time, and location of the first meeting
of the ballot board; and
(3) the name, e-mail address, and telephone number of
the presiding judge of the ballot board.
SECTION 7. Section 87.006, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (d) and (e)
to read as follows:
(a) A member of the early voting ballot board shall sign a
document containing the following oath and repeat the [following]
oath aloud:
"I swear (or affirm) that I will objectively work to be sure
every eligible voter's vote is accepted and counted, and that only
the ballots of those voters who violated the Texas Election Code
will be rejected. I will make every effort to correctly reflect the
voter's intent when it can be clearly determined. I will not work
alone when ballots are present and will work only in the presence of
a member of a political party different from my own. I will
faithfully perform my duty as an officer of the election and guard
the purity of the election. I acknowledge that it is a Class B
misdemeanor to work alone or not in the presence of a member of a
political party different from my own when ballots are present, and
that this offense is punishable by up to 180 days in jail, a fine up
to $2,000, or both."
(b) A member of the early voting ballot board who arrives
after the oath is made shall sign a document containing the oath and
repeat the oath aloud before performing any duties as a member.
(d) The presiding judge of the early voting ballot board
shall maintain written proof that each member signed a document
containing the oath.
(e) The secretary of state may modify the oath prescribed by
this section as necessary for an election in which the authority
holding the election is a political party or a political
subdivision holding a nonpartisan election.
SECTION 8. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) in an election in which regular paper ballots are
used for early voting by personal appearance, each ballot box, in
accordance with Section 85.032(b), containing the early voting
ballots voted by personal appearance and the clerk's key to each
box;
(2) the jacket envelopes containing the early voting
ballots voted by mail, regardless of the ballot type or voting
system used;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting; [and]
(5) a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail,
regardless of the ballot type or voting system used, that are
delivered to the early voting ballot board, and in an election in
which regular paper ballots are used for early voting by personal
appearance, the number of names appearing on the poll lists
prepared in connection with early voting by personal appearance;
and
(6) one hard-copy report for every two members of the
early voting ballot board that includes the following information
for each person who applied for a ballot to be voted by mail:
(A) the person's name;
(B) the person's date of birth;
(C) the person's voter registration number and
the effective date of the person's voter registration; and
(D) the legal ground for early voting by mail.
SECTION 9. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0242 to read as follows:
Sec. 87.0242. REPORT OF BALLOTS VOTED BY MAIL NOT PROCESSED
BY EARLY VOTING BALLOT BOARD. (a) As soon as practicable after the
deadline for returning marked ballots voted by mail under Section
86.007(a)(2), the early voting clerk shall prepare a report that
lists the name and voter registration number of each voter whose
ballot voted by mail:
(1) was received before the deadline under Section
86.007(a)(2); and
(2) has not been accepted or rejected by the early
voting ballot board.
(b) Not later than 24 hours after the deadline for returning
marked ballots voted by mail under Section 86.007(a)(2), the early
voting clerk shall make the report accessible to any authority with
an election on the ballot.
(c) Not later than the first meeting of the early voting
ballot board following the day after election day, the early voting
clerk shall deliver the report to the presiding judge of the ballot
board.
(d) The early voting ballot board may not accept a ballot
voted by mail for a voter whose name and registration number does
not appear in the report delivered under Subsection (c) unless the
early voting clerk provides an affidavit explaining why the ballot
should be accepted.
SECTION 10. Section 87.027, Election Code, is amended by
adding Subsections (c-1) and (d-1) to read as follows:
(c-1) As soon as practicable after the appropriate
authority appoints the signature verification committee, the early
voting clerk shall provide written notice to each person appointed
as a member of the committee stating:
(1) the nature and date of the election;
(2) the dates and hours that the committee will meet;
(3) the location where the committee will meet; and
(4) the name, e-mail address, and telephone number of
the chair of the committee.
(d-1) The authority may not appoint a member of a signature
verification committee who is related within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code, to another member of
the signature verification committee.
SECTION 11. Section 87.041(b), Election Code, is amended 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; [and]
(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) if applicable, the voter's name and voter
registration number appears on the report prepared under Section
87.0242.
SECTION 12. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0432 to read as follows:
Sec. 87.0432. PROHIBITION ON HANDLING BALLOTS SEPARATELY.
(a) If members of the early voting ballot board are appointed from
lists submitted by county chairs of different political parties, a
member of the early voting ballot board may not handle balloting
materials unless the member is in the presence of a member of the
board from a different political party.
(b) If members of the early voting ballot board are not
appointed from lists submitted by county chairs of different
political parties, a member of the early voting ballot board may not
handle balloting materials unless the member is in the presence of
another member of the board.
(c) A person who violates this section commits an offense.
An offense under this section is a Class B misdemeanor.
SECTION 13. Section 127.005(e), Election Code, is amended
to read as follows:
(e) For an election in which election judges appointed under
Section 32.002 serve, the presiding judge and an alternate
presiding judge shall be appointed for each central counting
station operating in the election in the same manner as a presiding
judge and alternate presiding judge under Sections [Section] 32.002
and 32.013.
SECTION 14. Section 127.006(a), Election Code, is amended
to read as follows:
(a) Both the manager and the presiding judge may appoint
clerks to serve at the central counting station. The manager and the
presiding judge may not appoint a person as a clerk who is related
within the second degree by affinity or the third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, to:
(1) the manager or presiding judge; or
(2) another person appointed as a clerk to serve at the
central counting station.
SECTION 15. Subchapter A, Chapter 127, Election Code, is
amended by adding Section 127.008 to read as follows:
Sec. 127.008. NOTICE OF APPOINTMENT. As soon as
practicable after the appointment of an election officer under this
subchapter, the authority establishing a central counting station
shall provide written notice to the person appointed as an officer
stating:
(1) the nature and date of the election;
(2) the anticipated dates and times of operation for
the central counting station where the person will serve;
(3) the location of the central counting station where
the person will serve; and
(4) the name, e-mail address, and telephone number of
the presiding judge of the central counting station.
SECTION 16. Section 573.061, Government Code, is amended to
read as follows:
Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
apply to:
(1) an appointment to the office of a notary public or
to the confirmation of that appointment;
(2) an appointment of a page, secretary, attendant, or
other employee by the legislature for attendance on any member of
the legislature who, because of physical infirmities, is required
to have a personal attendant;
(3) a confirmation of the appointment of an appointee
appointed to a first term on a date when no individual related to
the appointee within a degree described by Section 573.002 was a
member of or a candidate for the legislature, or confirmation on
reappointment of the appointee to any subsequent consecutive term;
(4) an appointment or employment of a bus driver by a
school district if:
(A) the district is located wholly in a county
with a population of less than 35,000; or
(B) the district is located in more than one
county and the county in which the largest part of the district is
located has a population of less than 35,000;
(5) an appointment or employment of a personal
attendant by an officer of the state or a political subdivision of
the state for attendance on the officer who, because of physical
infirmities, is required to have a personal attendant;
(6) an appointment or employment of a substitute
teacher by a school district; or
(7) an appointment or employment of a person by a
municipality that has a population of less than 200 [; or
[(8) an appointment of an election clerk under Section
32.031, Election Code, who is not related in the first degree by
consanguinity or affinity to an elected official of the authority
that appoints the election judges for that election].
SECTION 17. Section 87.0432, Election Code, as added by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 18. This Act takes effect September 1, 2021.