Bill Text: TX HB47 | 2017 | 85th Legislature 1st Special Session | Comm Sub

Bill Title: Relating to the prevention of fraud in the conduct of early voting by mail; creating criminal offenses; increasing criminal penalties.

Sponsorship: Partisan Bill (Republican 9)

Status: (Introduced - Dead) 2017-08-06 - Committee report sent to Calendars [HB47 Detail]

Download: Texas-2017-HB47-Comm_Sub.html
  85S11954 ADM-F
 
  By: Schofield, White, Laubenberg, et al. H.B. No. 47
 
  Substitute the following for H.B. No. 47:
 
  By:  Swanson C.S.H.B. No. 47
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prevention of fraud in the conduct of early voting
  by mail; creating criminal offenses; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 66.058, Election Code, is amended by
  amending Subsection (a) and adding Subsection (i) to read as
  follows:
         (a)  Except as otherwise provided by this code, the precinct
  election records shall be preserved by the authority to whom they
  are distributed[:
               [(1)  in an election involving a federal office,] for
  at least 22 months after election day [in accordance with federal
  law; or
               [(2)     in an election not involving a federal office,
  for at least six months after election day].
         (i)  Notwithstanding Section 66.002, for purposes of this
  section, "precinct election records" includes all ballot envelopes
  and carrier envelopes returned by a voter voting under Chapter 86 or
  Chapter 107.
         SECTION 2.  Section 84.003(b), Election Code, is amended to
  read as follows:
         (b)  A person who acts as a witness for an applicant for an
  early voting ballot application commits an offense if the person
  knowingly fails to comply with Section 1.011. A person who [in the
  presence of the applicant] otherwise assists an applicant in
  completing an early voting ballot application commits an offense if
  the person knowingly fails to comply with Section 1.011(d) in the
  same manner as a witness.
         SECTION 3.  Section 84.004(e), Election Code, is amended to
  read as follows:
         (e)  An offense under this section is a Class A [B]
  misdemeanor.
         SECTION 4.  Section 84.0041, Election Code, is amended to
  read as follows:
         Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE
  INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
  commits an offense if the person:
               (1)  knowingly provides false information on an
  application for [an early voting] ballot by mail;
               (2)  intentionally causes false information to be
  provided on an application for ballot by mail;
               (3)  knowingly submits an application for ballot by
  mail without the knowledge and authorization of the voter; or
               (4)  knowingly alters or provides information on a
  voter's application for ballot by mail without the voter's request.
         (b)  Except as provided by Subsection (c), an [An] offense
  under this section is a state jail felony [unless the person is the
  applicant, is related to the applicant within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code, or is registered to
  vote at the same address as the applicant, in which event the
  offense is a Class A misdemeanor].
         (c)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that: 
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 5.  Section 86.004(a), Election Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  Except as provided by Subsection (b) or (c), the
  balloting materials for voting by mail shall be mailed to a voter
  entitled to vote by mail not later than the seventh calendar day
  after the later of the date the clerk accepts the voter's
  application for a ballot to be voted by mail or the date the ballots
  become available for mailing, except that if that mailing date is
  earlier than the 45th day before election day, the balloting
  materials shall be mailed not later than the 30th [38th] day before
  election day.
         SECTION 6.  The heading to Section 86.0051, Election Code,
  is amended to read as follows:
         Sec. 86.0051.  UNLAWFUL MAIL BALLOT ACTIVITY [CARRIER
  ENVELOPE ACTION] BY PERSON OTHER THAN VOTER[; OFFENSES].
         SECTION 7.  Sections 86.0051(b), (d), and (e), Election
  Code, are amended to read as follows:
         (b)  A person other than the voter who deposits the carrier
  envelope in the mail or with a common or contract carrier, or who
  obtains the carrier envelope for that purpose, must provide the
  information required to be provided on the certificate [person's
  signature, printed name, and residence address] on the reverse side
  of the envelope.
         (d)  An offense under this section is a Class A [B]
  misdemeanor, unless the person is convicted of an offense under
  Section 64.036 for providing unlawful assistance to the same voter
  in connection with the same ballot, in which event the offense is a
  [state jail] felony of the third degree. An offense under this
  section is increased to the next higher category of offense if it is
  shown on the trial of an offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both 
  [Subsections (a) and (c) do not apply if the person is related to
  the applicant within the second degree by affinity or the third
  degree by consanguinity, as determined under Subchapter B, Chapter
  573, Government Code, or is registered to vote at the same address
  as the applicant].
         SECTION 8.  Sections 86.006(f), (g), and (g-1), Election
  Code, are amended to read as follows:
         (f)  A person commits an offense if the person knowingly
  possesses an official ballot or official carrier envelope provided
  under this code to another. Unless the person possessed the ballot
  or carrier envelope with intent to defraud the voter or the election
  authority, this subsection does not apply to a person who, on the
  date of the offense, was:
               (1)  related to the voter within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code;
               (2)  physically living in [registered to vote at] the
  same dwelling [address] as the voter;
               (3)  an early voting clerk or a deputy early voting
  clerk;
               (4)  a person who possesses a ballot or [the] carrier
  envelope solely for the purpose of lawfully assisting a voter who
  was eligible for assistance under Section 86.010 and complied fully
  with:
                     (A)  Section 86.010; and
                     (B)  Section 86.0051, if assistance was provided
  only in order to deposit the envelope in the mail or with a common or
  contract carrier [and who provides the information required by
  Section 86.0051(b) in accordance with that section];
               (5)  an employee of the United States Postal Service
  working in the normal course of the employee's authorized duties;
  or
               (6)  a common or contract carrier working in the normal
  course of the carrier's authorized duties if the official ballot is
  sealed in an official carrier envelope that is accompanied by an
  individual delivery receipt for that particular carrier envelope.
         (g)  An offense under Subsection (f) is a Class A misdemeanor
  unless the defendant possessed the ballot or carrier envelope
  without the request of the voter, in which case it is a felony of the
  third degree. If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both [:
               [(1)     a Class B misdemeanor if the person possesses at
  least one but fewer than 10 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a state jail
  felony;
               [(2)     a Class A misdemeanor if the person possesses at
  least 10 but fewer than 20 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a felony of the
  third degree; or
               [(3)     a state jail felony if the person possesses 20 or
  more ballots or carrier envelopes unless the person possesses the
  ballots or carrier envelopes without the consent of the voters, in
  which event the offense is a felony of the second degree].
         (g-1)  An offense under Subsection (g) is increased to the
  next higher category of offense if it is shown on the trial of an
  offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved an individual 65 years of age
  or older; or
               (3)  the defendant committed another offense under this
  section in the same election [When ballots or carrier envelopes are
  obtained in violation of this section pursuant to one scheme or
  continuing course of conduct, whether from the same or several
  sources, the conduct may be considered as one offense and the number
  of ballots or carrier envelopes aggregated in determining the grade
  of the offense].
         SECTION 9.  The heading to Section 86.010, Election Code, is
  amended to read as follows:
         Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
  MAIL.
         SECTION 10.  Section 86.010, Election Code, is amended by
  amending Subsections (b), (d), (g), and (h) and adding Subsections
  (i) and (j) to read as follows:
         (b)  Assistance rendered under this section is limited to
  that authorized by this code at a polling place, except that a voter
  with a disability who is physically unable to deposit the ballot and
  carrier envelope in the mail may also select a person as provided by
  Section 64.032(c) to assist the voter by depositing a sealed
  carrier envelope in the mail.
         (d)  If a voter is assisted in violation of this section
  [Subsection (a) or (b)], the voter's ballot may not be counted.
         (g)  An offense under this section is a [Class A misdemeanor
  unless the person is convicted of an offense under Section 64.036
  for providing unlawful assistance to the same voter, in which event
  the offense is a] state jail felony.
         (h)  Subsection (f) does not apply if the person is related
  to the voter [applicant] within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code, or was physically living in [is
  registered to vote at] the same dwelling [address] as the voter at
  the time of the event [applicant].
         (i)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (j)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 11.  Section 87.027(i), Election Code, is amended to
  read as follows:
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  same person.  The committee may also compare the signatures with
  any two or more signatures of the voter made within the preceding
  six years and on file with the general custodian of election records
  or voter registrar [the signature on the voter's registration
  application] to confirm that the signatures are those of the same
  person and may [but may not] use the signatures [registration
  application signature] to determine that the signatures are not
  those of the same person.  Except as provided by Subsection (l), a
  determination under this subsection that the signatures are not
  those of the same person must be made by a majority vote of the
  committee's membership.  The committee shall place the jacket
  envelopes, carrier envelopes, and applications of voters whose
  signatures are not those of the same person in separate containers
  from those of voters whose signatures are those of the same
  person.  The committee chair shall deliver the sorted materials to
  the early voting ballot board at the time specified by the board's
  presiding judge.
         SECTION 12.  Section 87.041(e), Election Code, is amended to
  read as follows:
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with any two or more
  signatures of the voter made within the preceding six years and on
  file with the general custodian of election records or voter
  registrar to determine if [confirm that] the signatures are those
  of the same person [but may not use the signatures to determine that
  the signatures are not those of the same person].
         SECTION 13.  The heading to Section 107.004, Election Code,
  as effective September 1, 2017, is amended to read as follows:
         Sec. 107.004.  EARLY VOTING AT RESIDENTIAL CARE FACILITY
  [REQUIRED].
         SECTION 14.  Section 107.004(a), Election Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  A voter residing in a residential care facility who has
  applied to vote early by mail on the grounds of age or disability
  and who requested that the ballot be sent to the address of the
  facility:
               (1)[,]  must vote as provided by this chapter if five or
  more applications for ballots to be voted by mail were made by
  residents of the same facility who requested that the ballots be
  sent to the facility; and
               (2)  may vote as provided by this chapter, at the
  discretion of the early voting clerk, if fewer than five
  applications for ballots to be voted by mail were made by residents
  of the same facility who requested that the ballots be sent to the
  facility.
         SECTION 15.  Section 107.005(a), Election Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  Additional election judges shall be selected to serve at
  a residential care facility in the same manner as election officers
  [judges] are selected to serve at a polling place for early voting
  by personal appearance [under Chapter 32]. For the general
  election for state and county officers, the election judges shall
  be selected in the manner provided for election officers under
  Section 85.009. The county chair of a political party shall
  indicate on the list of names of persons whether a person is willing
  to serve as an election judge under this chapter.
         SECTION 16.  Section 107.006, Election Code, as effective
  September 1, 2017, is amended by amending Subsection (c) and adding
  Subsections (d), (e), and (f) to read as follows:
         (c)  If [An election judge may enter the private room of] a
  voter [who] requests that balloting materials be brought to the
  voter, both election judges may concurrently enter the private room
  of the voter.
         (d)  During the hours voting is conducted at a residential
  care facility, all laws under this code concerning electioneering
  apply to the facility.
         (e)  A person who is not a resident of the residential care
  facility may not be present at the facility during the hours voting
  is being conducted at the facility, unless the person is:
               (1)  conducting the election under this chapter;
               (2)  an employee of the facility or otherwise attending
  to the business of the facility; or
               (3)  related to a resident of the facility within the
  second degree by affinity or the third degree by consanguinity, as
  determined under Subchapter B, Chapter 573, Government Code, and is
  not attempting to electioneer or influence a voter.
         (f)  A person described by Subsection (e)(3) may be chosen to
  assist a voter in accordance with Section 64.032(c).
         SECTION 17.  Sections 107.007(b), (d), and (f), Election
  Code, as effective September 1, 2017, are amended to read as
  follows:
         (b)  Not later than 5 p.m. on the sixth business day before
  election day, the early voting clerk [election judges] shall, with
  the input of the administrator of the residential care facility,
  designate one or more times for voting to be conducted. Voting may
  be conducted not earlier than the 38th [29th] day before election
  day and not later than the fourth day preceding election day.
         (d)  The early voting clerk shall maintain a public list of
  all residential care facilities in the clerk's jurisdiction at
  which voting is conducted under this chapter. The list must be
  available on the website of the authority conducting the election
  or posted at the location where public notices are posted in the
  county courthouse or authority public building, as applicable, and
  for each facility state:
               (1)  the name of the facility;
               (2)  the address of the facility; and
               (3)  the dates and times for voting at the facility[;
  and
               [(4)     the names of the election judges for the
  facility].
         (f)  At any time during the year and regardless of whether
  five or more voters at a residential care facility have requested
  ballots to be voted by mail, the early voting clerk may post notice
  of the dates on which voting will be conducted at the facility under
  this chapter for each election. [If the early voting clerk posts
  notice under this subsection, the names of the election judges and
  the hours during which voting will be conducted must be posted at
  least 48 hours before voting is conducted at the facility,
  notwithstanding Subsection (c).]
         SECTION 18.  Section 107.009, Election Code, as effective
  September 1, 2017, is amended to read as follows:
         Sec. 107.009.  VOTING BY ADDITIONAL QUALIFIED VOTERS. A
  qualified voter who resides and is registered to vote at a
  residential care facility where voting is conducted under this
  chapter may, while voting is being conducted, communicate to an
  election judge that the person has not completed an application for
  a ballot to be voted by mail but would like to vote by mail. The
  election judges shall provide the person with a ballot by mail
  application. The voter may complete the application and return it
  to the election judges, who shall deliver the application to the
  early voting clerk on the same day. If the application is received
  before the deadline to receive mail ballot applications, the early
  voting clerk shall prepare and provide ballot materials for the
  voter, and the judges shall return to the facility to provide the
  voter with the ballot materials. [(a)     The early voting clerk
  shall produce a list of all additional qualified voters who reside
  and are registered to vote at a residential care facility where
  voting is conducted under this chapter.
         [(b)     The clerk shall supply the election judges for the
  residential care facility with sufficient additional ballots and
  voting materials to allow any additional qualified voter who
  resides at the facility to vote under this chapter. During the
  voting period, any registered voter who resides at the facility may
  complete an application to request a mail ballot as if they were
  voting by mail. An election judge for the facility shall serve as a
  witness for any person who is unable to sign their name and may
  witness multiple applications.
         [(c)     An election judge for the residential care facility
  must accept a properly completed application for a ballot made
  under this section, and shall provide a ballot to the voter. The
  election judge shall make a notation on an application that it was
  made under this section.
         [(d)     A voter who applies for a ballot under this section
  shall vote in the manner provided by Section 107.008, except that
  the voter's ballot must be stored with the voter's application, and
  the voter's ballot may not be counted if the voter was not a
  qualified voter for the election as demonstrated from the
  information contained in the voter's application.
         [(e)     An election judge at the residential care facility may
  assist and witness a ballot received by a voter who resides at the
  facility and is not registered to vote at the facility while the
  election judge is present at the facility.
         [(f)     The secretary of state may prescribe an application for
  a voter to request a ballot under Subsection (b).]
         SECTION 19.  Section 107.012(b), Election Code, as effective
  September 1, 2017, is amended to read as follows:
         (b)  A voter may receive assistance in the same manner as
  provided by Subchapter B, Chapter 64. If the voter cannot
  comprehend the language in which the ballot or balloting materials
  are printed:
               (1)  an election judge may contact the early voting
  clerk to request that a translator translate the ballot or
  balloting materials over the phone; or
               (2)  the voter may use an interpreter in accordance
  with Section 61.032, who may translate the ballot or balloting
  materials in the presence of the election judges.
         SECTION 20.  Sections 107.014(b), (c), and (d), Election
  Code, as effective September 1, 2017, are amended to read as
  follows:
         (b)  Any registered voter who was required to vote at the
  residential care facility under Section 107.004(a)(1) who did not
  cast a ballot at the [residential care] facility and who did not
  make a request under Section 107.009 may cast a ballot by[:
               [(1)]  voting in person on election day[; or
               [(2)  voting by mail].
         (c)  If one or more voters who requested a ballot by mail are
  not present during the scheduled time for voting to be conducted at
  the residential care facility, the election judges may request that
  the early voting clerk, in accordance with Section 107.007(b),
  arrange a suitable time for the judges to return to conduct voting
  [An election judge shall leave a ballot package for a voter who:
               [(1)     requested a ballot to be voted by mail and was not
  present during the scheduled time for early voting at the
  residential care facility; and
               [(2)     is expected to return to the residential care
  facility before the deadline for returning a ballot by mail].
         (d)  If a voter who requested a ballot to be voted by mail
  under this chapter is temporarily located at another location,
  including by hospitalization,[:
               [(1)]  the early voting clerk may mail the ballot to the
  voter's temporary address, if known[; or
               [(2)     the election judge may personally deliver the
  ballot package to the voter's temporary address, if known].
         SECTION 21.  Sections 107.003, 107.011, and 107.014(e),
  Election Code, as effective September 1, 2017, are repealed.
         SECTION 22.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 23.  This Act takes effect January 1, 2018.

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