Bill Text: TX HB3280 | 2021-2022 | 87th Legislature | Introduced
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
87R6470 BRG-D | ||
By: Paul | H.B. No. 3280 |
|
||
|
||
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 [ |
||
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; [ |
||
(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; [ |
||
(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 [ |
||
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 [ |
||
[ |
||
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. |