Bill Text: TX SB1 | 2021 | 87th Legislature 1st Special Session | Engrossed

Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses; providing civil penalties.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Engrossed - Dead) 2021-07-16 - Co-author authorized [SB1 Detail]

Download: Texas-2021-SB1-Engrossed.html
 
 
  By: Hughes, et al. S.B. No. 1
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to election integrity and security, including by
  preventing fraud in the conduct of elections in this state;
  increasing criminal penalties; creating criminal offenses;
  providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REGISTRATION OF VOTERS
         SECTION 1.01.  Section 13.002, Election Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  The information required under Subsections (c)(3),
  (4), (5), (6), and (8) must be supplied by the person desiring to
  register to vote.
         SECTION 1.02.  Section 15.021, Election Code, is amended by
  amending Subsections (b) and (d) and adding Subsections (d-1) and
  (d-2) to read as follows:
         (b)  Except as provided by Subsection (d), the [The] voter
  shall use the registration certificate or a registration
  application form as the notice, indicating the correct information
  in the appropriate space on the certificate or application form
  unless the voter does not have possession of the certificate or an
  application form at the time of giving the notice.
         (d)  A voter [who continues to reside in the county in which
  the voter is registered] may correct information under this section
  by digital transmission of the information under a program
  administered by the secretary of state and the Department of
  Information Resources.
         (d-1)  If the notice indicates that a voter no longer resides
  in the county in which the voter is registered, the registrar shall
  forward the notice and the voter's original application for
  registration to the registrar of the county in which the voter
  resides. The registrars shall coordinate to ensure that the
  voter's existing registration is canceled immediately after the
  voter is registered in the county in which the voter resides in
  accordance with Subsection (d-2).
         (d-2)  A registrar who receives a voter's notice and
  application from another registrar under Subsection (d-1) shall
  treat it as an original application for registration under Section
  13.002, and shall register the voter if the voter resides in the
  county and is otherwise eligible under Section 13.001.
         SECTION 1.03.  Section 15.028, Election Code, is amended to
  read as follows:
         Sec. 15.028.  NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
  PROSECUTOR]. [(a)] If the registrar determines that a person who
  is not eligible to vote registered to vote or [a registered voter]
  voted in an election, the registrar shall execute and deliver to the
  attorney general, the secretary of state, and the county or
  district attorney having jurisdiction in the territory covered by
  the election an affidavit stating the relevant facts.
         [(b)  If the election covers territory in more than one
  county, the registrar shall also deliver an affidavit to the
  attorney general.]
         SECTION 1.04.  Section 16.0332, Election Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (d), and (e)
  to read as follows:
         (a)  After the registrar receives notification [a list]
  under Subsection (a-1) of this section, Section 18.068 of this
  code, or Section 62.113, Government Code, of persons excused or
  disqualified from jury service because of citizenship status or
  notification of persons who indicate a lack of citizenship status
  in connection with a motor vehicle or Department of Public Safety
  record as provided by Subsection (a-1), the registrar shall deliver
  to each registered voter whose name appears on the list a written
  notice requiring the voter to submit to the registrar proof of
  United States citizenship in the form of a certified copy of the
  voter's birth certificate, United States passport, or certificate
  of naturalization or any other form prescribed by the secretary of
  state.  The notice shall be delivered by forwardable mail to the
  mailing address on the voter's registration application and to any
  new address of the voter known to the registrar.
         (a-1)  The secretary of state shall enter into an agreement
  with the Department of Public Safety under which information in the
  existing statewide computerized voter registration list is
  compared against information in the database of the Department of
  Public Safety on a monthly basis to verify the accuracy of
  citizenship status information previously provided on voter
  registration applications.  In comparing information under this
  subsection, the secretary of state shall consider only a voter's
  information in the database of the Department of Public Safety that
  was derived from documents presented by the voter to the department
  after the person's current voter registration became effective, and
  may not consider information derived from documents presented by
  the voter to the department before the person's current voter
  registration became effective.
         (d)  The secretary of state shall prescribe rules for the
  administration of this section.
         (e)  Not later than December 31 of each year, the secretary
  of state shall provide a report to the legislature of the number of
  voter registrations canceled under this section during the calendar
  year.
         SECTION 1.05.  Section 18.068, Election Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The secretary of state shall quarterly compare the
  information received under Section 16.001 of this code and Sections
  [Section] 62.113 and 62.114, Government Code, to the statewide
  computerized voter registration list.  If the secretary determines
  that a voter on the registration list is deceased or has been
  excused or disqualified from jury service because the voter is not a
  citizen or a resident of the county in which the voter is registered
  to vote, the secretary shall send notice of the determination to:
               (1)  the voter registrar of the counties considered
  appropriate by the secretary; and
               (2)  the attorney general, who shall quarterly review
  the information to investigate whether a person has committed an
  offense under Section 13.007 or other law.
         (a-1)  The secretary of state is not required to send notice
  under Subsection (a) for a voter who is subject to an exemption from
  jury service under Section 62.106, Government Code, if that
  exemption is the only reason the voter is excused from jury service.
         SECTION 1.06.  Section 31.006, Election Code, is amended to
  read as follows:
         Sec. 31.006.  REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
  (a) If, after receiving or discovering information indicating that
  [a complaint alleging] criminal conduct in connection with an
  election has occurred, the secretary of state determines that there
  is reasonable cause to suspect that [the alleged] criminal conduct
  occurred, the secretary shall promptly refer the information 
  [complaint] to the attorney general.  The secretary shall deliver
  to the attorney general all pertinent documents and information in
  the secretary's possession.
         (b)  The documents and information submitted under
  Subsection (a) are not considered public information until:
               (1)  the secretary of state makes a determination that
  the information [complaint] received does not warrant an
  investigation; or
               (2)  if referred to the attorney general, the attorney
  general has completed the investigation or has made a determination
  that the information [complaint] referred does not warrant an
  investigation.
         SECTION 1.07.  Section 62.113(b), Government Code, is
  amended to read as follows:
         (b)  On the third business day of each month, the clerk shall
  send a copy of the list of persons excused or disqualified because
  of citizenship in the previous month to:
               (1)  the voter registrar of the county;
               (2)  the secretary of state; and
               (3)  the attorney general and the county or district
  attorney[, as applicable,] for an investigation of whether the
  person committed an offense under Section 13.007, Election Code, or
  other law.
         SECTION 1.08.  Sections 62.114(b) and (c), Government Code,
  are amended to read as follows:
         (b)  On the third business day of each month, the clerk shall
  send [to the voter registrar of the county] a copy of the list of
  persons excused or disqualified in the previous month because the
  persons do not reside in the county to:
               (1)  the voter registrar of the county;
               (2)  the secretary of state; and
               (3)  the attorney general and the county or district
  attorney for an investigation of whether the person committed an
  offense under Section 13.007, Election Code, or other law.
         (c)  A list compiled under this section may not be used for a
  purpose other than a purpose described by Subsection (b) or Section
  15.081 or 18.068, Election Code.
  ARTICLE 2.  CONDUCT AND SECURITY OF ELECTIONS
         SECTION 2.01.  Section 43.031, Election Code, is amended by
  amending Subsection (b) and adding Subsections (b-1) and (b-2) to
  read as follows:
         (b)  Each polling place shall be located inside a building.
  Except as provided by Subsection (b-1), a polling place may not be
  located in a tent or similar temporary moveable structure or in a
  facility primarily designed for motor vehicles. No voter may cast a
  vote from inside a motor vehicle unless the voter meets the
  requirements of Section 64.009.
         (b-1)  A polling place may be located in a tent or similar
  temporary moveable structure if:
               (1)  a building selected for a polling place is later
  determined by the county commissioners court to be not reasonably
  accessible due to fire, flood, or other natural disaster rendering
  the building unsafe for public use;
               (2)  a suitable substitute building is not available;
  and
               (3)  the tent or similar temporary moveable structure
  is adjacent to the building described by Subdivision (1).
         (b-2)  If the county commissioners court makes a
  determination described by Subsection (b-1)(1):
               (1)  the determination is valid only for the next
  scheduled election; and
               (2)  the court shall send a record of that
  determination to the secretary of state as soon as practicable.
         SECTION 2.02.  Section 61.002, Election Code, is amended to
  read as follows:
         Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.
  (a)  Immediately before opening the polls for voting on the first
  day of early voting and on election day, the presiding election
  judge or alternate election judge shall confirm that each voting
  machine has any public counter reset to zero and shall print the
  tape that shows the counter was set to zero for each candidate or
  measure on the ballot.
         (b)  At the official time for opening the polls for voting,
  an election officer shall open the polling place entrance and admit
  the voters.
         (c)  Immediately after closing the polls for voting on
  election day, the presiding election judge or alternate election
  judge shall print the tape to show the number of votes cast for each
  candidate or ballot measure for each voting machine.
         (d)  Each election judge or alternate election judge present
  shall sign a tape printed under this section.
         SECTION 2.03.  Section 64.007(c), Election Code, is amended
  to read as follows:
         (c)  An election officer shall maintain a register of spoiled
  ballots at the polling place, including spoiled ballots from a
  direct recording electronic voting unit. An election officer shall
  enter on the register the name of each voter who returns a spoiled
  ballot and the spoiled ballot's number. The secretary of state
  shall create and promulgate a form to be used for this purpose.
         SECTION 2.04.  Subchapter A, Chapter 65, Election Code, is
  amended by adding Section 65.017 to read as follows:
         Sec. 65.017.  VOTE TABULATING EQUIPMENT. Beginning January
  1, 2024, equipment to tabulate votes may not be used if any wireless
  connectivity capability of the equipment has not been disabled or
  removed.
         SECTION 2.05.  Subchapter A, Chapter 66, Election Code, is
  amended by adding Section 66.004 to read as follows:
         Sec. 66.004.  CLOSING POLLING PLACE. The secretary of state
  shall adopt rules and create a checklist or similar guidelines to
  assist the presiding judge of a polling place in processing forms
  and conducting procedures required by this code at the closing of
  the polling place.
         SECTION 2.06.  Section 66.052, Election Code, is amended to
  read as follows:
         Sec. 66.052.  DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
  (a) A delivery of election records or supplies that is to be
  performed by the presiding judge may be performed by an election
  clerk designated by the presiding judge.
         (b)  If the presiding judge of a polling place designates a
  clerk to deliver election supplies, the presiding judge shall
  attest to the designation, and the clerk shall attest to the clerk's
  acceptance of the responsibility. The secretary of state shall
  create and promulgate a form to facilitate compliance with this
  section.
         SECTION 2.07.  Section 85.005, Election Code, is amended to
  read as follows:
         Sec. 85.005.  REGULAR DAYS AND HOURS FOR VOTING. (a)  Except
  as provided by Subsection (c), in an election in which a county
  clerk [or city secretary] is the early voting clerk under Section
  83.002 [or 83.005], early voting by personal appearance at the main
  early voting polling place shall be conducted on each weekday of
  [the weekdays of] the early voting period that is not a legal state
  holiday and for a period of at least nine hours, except that voting
  may not be conducted earlier than 6 a.m. or later than 9 p.m.
  [during the hours that the county clerk's or city secretary's main
  business office is regularly open for business.]
         (b)  In an election to which Subsection (a) does not apply,
  early voting by personal appearance at the main early voting
  polling place shall be conducted at least nine [eight] hours each
  weekday of the early voting period that is not a legal state holiday
  unless the territory covered by the election has fewer than 1,000
  registered voters. In that case, the voting shall be conducted at
  least four [three] hours each day. The authority ordering the
  election, or the county clerk if that person is the early voting
  clerk, shall determine which hours the voting is to be conducted.
         (c)  In a county with a population of 30,000 [100,000] or
  more, the voting in a primary election or the general election for
  state and county officers shall be conducted at the main early
  voting polling place for at least 12 hours on each weekday of the
  last week of the early voting period, and the voting in a special
  election ordered by the governor shall be conducted at the main
  early voting polling place for at least 12 hours on each of the last
  two days of the early voting period. Voting under this subsection
  may not be conducted earlier than 6 a.m. or later than 9 p.m. Voting
  shall be conducted in accordance with this subsection in those
  elections in a county with a population under 30,000 [100,000] on
  receipt by the early voting clerk of a written request for the
  extended hours submitted by at least 15 registered voters of the
  county. The request must be submitted in time to enable compliance
  with Section 85.067.
         (d)  A voter who has not voted before the scheduled time for
  closing a polling place is entitled to vote after that time if the
  voter is in line at the polling place by closing time.  The
  secretary of state shall promulgate any materials and provide any
  training to presiding judges necessary to properly process voters
  under this subsection [In an election ordered by a city, early
  voting by personal appearance at the main early voting polling
  place shall be conducted for at least 12 hours:
               [(1)  on one weekday, if the early voting period
  consists of less than six weekdays; or
               [(2)  on two weekdays, if the early voting period
  consists of six or more weekdays].
         SECTION 2.08.  Sections 85.006(b) and (e), Election Code,
  are amended to read as follows:
         (b)  In an election in which a county clerk [or city
  secretary] is the early voting clerk under Section 83.002 [or
  83.005], only the early voting clerk may order voting on a Saturday
  or Sunday.  The clerk must do so by written order.
         (e)  In a primary election or the general election for state
  and county officers in a county with a population of 30,000
  [100,000] or more, the early voting clerk shall order voting by
  personal appearance [voting] at the main early voting polling place
  to be conducted on the last Saturday of the early voting period for
  at least 12 hours, except that voting may not be conducted earlier
  than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
  last Sunday of the early voting period for at least six [five]
  hours, except that voting may not be conducted earlier than 6 a.m.
  or later than 9 p.m [on the last Sunday of the early voting period].  
  The early voting clerk shall order voting to be conducted at those
  times in those elections in a county with a population under 30,000
  [100,000] on receipt of a written request for those hours submitted
  by at least 15 registered voters of the county.  The request must be
  submitted in time to enable compliance with Section 85.007.  This
  subsection supersedes any provision of this subchapter to the
  extent of any conflict.
         SECTION 2.09.  Section 85.010(a-1), Election Code, is
  amended to read as follows:
         (a-1)  In this section, "eligible county polling place"
  means an early voting polling place[, other than a polling place
  established under Section 85.062(e),] established by a county.
         SECTION 2.10.  Section 85.061, Election Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  In a countywide election in which the county clerk is
  the early voting clerk under Section 83.002, an early voting
  polling place shall be located inside [at] each branch office that
  is regularly maintained for conducting general clerical functions
  of the county clerk, except as provided by Subsection (b). If a
  suitable room is unavailable inside the branch office, the polling
  place may be located in another room inside the same building as the
  branch office. Except as provided by Subsection (a-1), the polling
  place may not be located in a tent or similar temporary moveable
  structure or a parking garage, parking lot, or similar facility
  designed primarily for motor vehicles.
         (a-1)  An early voting polling place may be located in a tent
  or similar temporary moveable structure if:
               (1)  a building selected for an early voting polling
  place is later determined by the county commissioners court to be
  not reasonably accessible due to fire, flood, or other natural
  disaster rendering the building unsafe for public use;
               (2)  a suitable substitute building is not available;
  and
               (3)  the tent or similar temporary moveable structure
  is adjacent to the building described by Subdivision (1).
         (a-2)  If the county commissioners court makes a
  determination described by Subsection (a-1)(1):
               (1)  the determination is valid only for the next
  scheduled election; and
               (2)  the court shall send a record of that
  determination to the secretary of state as soon as practicable.
         SECTION 2.11.  Section 85.062, Election Code, is amended by
  amending Subsection (b) and adding Subsections (b-1), (b-2), and
  (f-1) to read as follows:
         (b)  A polling place established under this section may be
  located, subject to Subsection (d), at any place in the territory
  served by the early voting clerk and may be located inside [in] any
  building [stationary structure] as directed by the authority
  establishing the branch office. Except as provided by Subsection
  (b-1), the [The] polling place may not be located in a tent or
  similar temporary movable structure or a parking garage, parking
  lot, or similar facility designed primarily for motor vehicles in
  the general election for state and county officers, general primary
  election, or runoff primary election. Ropes or other suitable
  objects may be used at the polling place to ensure compliance with
  Section 62.004. Persons who are not expressly permitted by law to
  be in a polling place shall be excluded from the polling place to
  the extent practicable.
         (b-1)  A temporary branch polling place may be located in a
  tent or similar temporary moveable structure if:
               (1)  a building selected for a temporary branch polling
  place is later determined by the county commissioners court to be
  not reasonably accessible due to fire, flood, or other natural
  disaster rendering the building unsafe for public use;
               (2)  a suitable substitute building is not available;
  and
               (3)  the tent or similar temporary moveable structure
  is adjacent to the building described by Subdivision (1).
         (b-2)  If the county commissioners court makes a
  determination described by Subsection (b-1)(1):
               (1)  the determination is valid only for the next
  scheduled election; and
               (2)  the court shall send a record of that
  determination to the secretary of state as soon as practicable.
         (f-1)  Notwithstanding any other provision of this section
  concerning the location of temporary branch polling places, in an
  election in which countywide polling places are used, the
  commissioners court of a county shall employ the same methodology
  it uses to determine the location of countywide polling places to
  determine the location of temporary branch polling places.
         SECTION 2.12.  Section 124.002, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Voting system ballots may not be arranged in a manner
  that allows a political party's candidates to be selected in one
  motion or gesture.
         SECTION 2.13.  Section 127.1232, Election Code, is amended
  to read as follows:
         Sec. 127.1232.  SECURITY OF VOTED BALLOTS. (a) The general
  custodian of election records shall post a licensed peace officer
  [guard] to ensure the security of ballot boxes containing voted
  ballots throughout the period of tabulation at the central counting
  station.
         (b)  The general custodian of election records in a county
  with a population of less than 100,000 may, and the general
  custodian of election records in a county with a population of
  100,000 or more shall, implement a video surveillance system that
  retains a record of all areas containing voted ballots:
               (1)  from the time the voted ballots are delivered to
  the central counting station until the canvass of precinct election
  returns; and
               (2)  from the time the voted ballots are delivered to
  the signature verification committee or early voting ballot board
  until the canvass of precinct election returns.
         (c)  A video from a system implemented under Subsection (b)
  may be made available to the public by a livestream in a county with
  a population of less than 100,000, and shall be made available to
  the public by a livestream in a county with a population of 100,000
  or more.
         (d)  The video recorded is an election record under Section
  1.012 and shall be retained by the general custodian of election
  records until the end of the calendar year in which an election is
  held or until an election contest filed in the county has been
  resolved, whichever is later.
  ARTICLE 3. ELECTION OFFICERS AND OBSERVERS
         SECTION 3.01.  Subchapter A, Chapter 33, Election Code, is
  amended by adding Section 33.008 to read as follows:
         Sec. 33.008.  TRAINING MANUAL. (a)  The secretary of state
  shall publish and maintain a training manual for watchers and shall
  make the manual available on the secretary of state's Internet
  website.
         (b)  An appointing authority must provide each watcher
  appointed by the authority with a copy of the training manual
  maintained under this section.
         SECTION 3.02.  Section 33.051, Election Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  An election officer commits an offense if the officer
  intentionally or knowingly refuses to accept a watcher for service
  when acceptance of the watcher is required by this section.  An
  offense under this subsection is a Class A misdemeanor.
         (h)  Before accepting a watcher, the officer presented with a
  watcher's certificate of appointment shall require the watcher to
  take the following oath, administered by the officer: "I swear (or
  affirm) that I will not disrupt the voting process or harass voters
  in the discharge of my duties."
         SECTION 3.03.  Section 33.056, Election Code, is amended by
  amending Subsection (a) and adding Subsections (e) and (f) to read
  as follows:
         (a)  Except as provided by Section 33.057, a watcher is
  entitled to observe any activity conducted at the location at which
  the watcher is serving. A watcher is entitled to sit or stand
  [conveniently] near enough to see and hear the election officers
  conducting the observed activity, except as otherwise prohibited by
  this chapter.
         (e)  Except as provided by Section 33.057(b), a watcher may
  not be denied free movement where election activity is occurring
  within the location at which the watcher is serving.
         (f)  In this code, a watcher who is entitled to "observe" an
  election activity is entitled to sit or stand near enough to see and
  hear the activity.
         SECTION 3.04.  Subchapter C, Chapter 33, Election Code, is
  amended by adding Section 33.0605 to read as follows:
         Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.
  (a)  A watcher appointed to serve at a polling place in an election
  who is available at the time of the action may observe all election
  activities relating to closing the polling place, including the
  sealing and transfer of a memory card, flash drive, hard drive, data
  storage device, or other medium now existing or later developed
  used by the voting system equipment.
         (b)  Notwithstanding any other provision of this code, a
  watcher duly accepted for service at a polling location is entitled
  to follow the transfer of election materials from the polling place
  at which the watcher was accepted to a regional tabulating center,
  the central counting station, or any other location designated to
  process election materials.  The authority responsible for
  administering a regional tabulating center or another location
  where election materials are processed must accept duly appointed
  watchers for service in the same manner a watcher is accepted for
  service under Section 33.051 and must accept the same number of
  watchers that may serve under Section 33.007(a).
         SECTION 3.05.  Section 33.061(a), Election Code, is amended
  to read as follows:
         (a)  A person commits an offense if the person serves in an
  official capacity at a location at which the presence of watchers is
  authorized and knowingly prevents a watcher from observing an
  activity or procedure the person knows the watcher is entitled to
  observe, including by taking any action to obstruct the view of a
  watcher or distance the watcher from the activity or procedure to be
  observed in a manner that would make observation not reasonably
  effective.
         SECTION 3.06.  Subchapter C, Chapter 33, Election Code, is
  amended by adding Section 33.063 to read as follows:
         Sec. 33.063.  RELIEF. (a)  A watcher, or the appointing
  authority for a watcher, who believes that the watcher was
  unlawfully prevented or obstructed from the performance of the
  watcher's duties may seek:
               (1)  injunctive relief under Section 273.081,
  including issuance of temporary orders;
               (2)  a writ of mandamus under Section 161.009 or
  273.061; and
               (3)  any other remedy available under law.
         (b)  The relief provided by this section is available to a
  state inspector appointed under Chapter 34 or any other election
  inspector authorized by law.
         SECTION 3.07.  Section 86.006, Election Code, is amended by
  amending Subsection (a) and adding Subsection (a-2) to read as
  follows:
         (a)  A marked ballot voted under this chapter must be
  returned to the early voting clerk in the official carrier
  envelope.  The carrier envelope may be delivered in another
  envelope and must be transported and delivered only by:
               (1)  mail;
               (2)  common or contract carrier; or
               (3)  subject to Subsections [Subsection] (a-1) and
  (a-2), in-person delivery by the voter who voted the ballot.
         (a-2)  An in-person delivery of a marked ballot voted under
  this chapter must be received by an election official at the time of
  delivery.  The receiving official shall record the voter's name,
  signature, and type of identification provided under Section
  63.0101 on a roster prescribed by the secretary of state. The
  receiving official shall attest on the roster that the delivery
  complies with this section.
         SECTION 3.08.  Chapter 121, Election Code, is amended by
  adding Section 121.004 to read as follows:
         Sec. 121.004.  COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
  PUBLIC INFORMATION.  Except as provided by Sections 552.110 and
  552.1101, Government Code, a written letter, e-mail, or other
  communication, including a communication made confidential by
  other law, between a public official and a voting systems vendor:
               (1)  is not confidential;
               (2)  is public information for purposes of Chapter 552,
  Government Code; and
               (3)  is not subject to an exception to disclosure
  provided by Chapter 552, Government Code.
         SECTION 3.09.  Subchapter A, Chapter 127, Election Code, is
  amended by adding Section 127.009 to read as follows:
         Sec. 127.009.  ELECTRONIC DEVICES IN CENTRAL COUNTING
  STATION. (a) A counting station manager and the presiding judge of
  the counting station shall develop a protocol under which any
  electronic device inside a central counting station that is
  necessary to count votes is equipped with software that tracks all
  input and activity on the electronic device.
         (b)  The counting station manager and the presiding judge of
  the counting station shall ensure that the input and activity
  tracked by the software is printed and delivered to the secretary of
  state not later than the fifth day after vote counting is complete.
         (c)  This section applies only to a central counting station
  located in a county with a population of 250,000 or more.
         SECTION 3.10.  Section 127.1301, Election Code, is amended
  to read as follows:
         Sec. 127.1301.  [TALLYING, TABULATING, AND REPORTING]
  CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
  OVERVOTES]. (a) In an election using centrally counted optical
  scan ballots, the undervotes and overvotes on those ballots shall
  be tallied, tabulated, and reported by race and by election
  precinct in the form and manner prescribed by the secretary of
  state.
         (b)  After January 1, 2024, an authority operating a central
  counting station under this chapter may not purchase or use a
  centrally counted optical ballot scan system that uses a data
  storage disc on which information, once written, is capable of
  being modified.
         SECTION 3.11.  Section 127.131, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The presiding judge of the central counting station
  shall provide and attest to a written reconciliation of votes and
  voters at the close of tabulation for election day and again after
  the central counting station meets for the last time to process
  late-arriving ballots by mail and provisional ballots.  The
  secretary of state shall create and promulgate rules and a form to
  facilitate compliance with this subsection.  The form shall be
  posted on a website maintained by the county along with election
  returns and results.
         SECTION 3.12.  Section 129.023, Election Code, is amended by
  adding Subsections (b-2) and (c-1) to read as follows:
         (b-2)  If the test is being conducted for an election in
  which a county election board has been established under Section
  51.002, the general custodian of election records shall notify each
  member of the board of the test at least 48 hours before the date of
  the test. If the county election board chooses to witness the test,
  each member shall sign the statement required by Subsection (e)(1).
         (c-1)  A test conducted under this section must also require
  the general custodian of election records to demonstrate, using a
  representative sample of voting system equipment, that the source
  code of the equipment has not been altered.
  ARTICLE 4. VOTING BY MAIL
         SECTION 4.01.  Section 84.001(b), Election Code, is amended
  to read as follows:
         (b)  An application must be submitted in writing and signed
  by the applicant using ink on paper.  An electronic signature or
  photocopied signature is not permitted.
         SECTION 4.02.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0011 to read as follows:
         Sec. 84.0011.  SOLICITATION OF BALLOT BY MAIL APPLICATIONS
  PROHIBITED.  The early voting clerk may make no attempt to solicit a
  person to complete an application for an early voting ballot by
  mail, whether directly or through a third party.
         SECTION 4.03.  Section 84.002, Election Code, as effective
  September 1, 2021, is amended by amending Subsection (a) and adding
  Subsection (b-1) to read as follows:
         (a)  An early voting ballot application must include:
               (1)  the applicant's name and the address at which the
  applicant is registered to vote;
               (1-a)  the following information:
                     (A)  the number of the applicant's driver's
  license, election identification certificate, or personal
  identification card issued by the Department of Public Safety;
                     (B)  if the applicant has not been issued a number
  described by Paragraph (A), the last four digits of the applicant's
  social security number; or
                     (C)  a statement by the applicant that the
  applicant has not been issued a number described by Paragraph (A) or
  (B);
               (2)  for an application for a ballot to be voted by mail
  on the ground of absence from the county of residence, the address
  outside the applicant's county of residence to which the ballot is
  to be mailed;
               (3)  for an application for a ballot to be voted by mail
  on the ground of age or disability, the address of the hospital,
  nursing home or other long-term care facility, or retirement
  center, or of a person related to the applicant within the second
  degree by affinity or the third degree by consanguinity, as
  determined under Chapter 573, Government Code, if the applicant is
  living at that address and that address is different from the
  address at which the applicant is registered to vote;
               (4)  for an application for a ballot to be voted by mail
  on the ground of confinement in jail, the address of the jail or of a
  person related to the applicant within the degree described by
  Subdivision (3);
               (5)  for an application for a ballot to be voted by mail
  on any ground, an indication of each election for which the
  applicant is applying for a ballot;
               (6)  an indication of the ground of eligibility for
  early voting; and
               (7)  for an application for a ballot to be voted by mail
  on the ground of involuntary civil commitment, the address of the
  facility operated by or under contract with the Texas Civil
  Commitment Office or of a person related to the applicant within the
  degree of consanguinity described by Subdivision (3).
         (b-1)  A person may use the number of a driver's license,
  election identification certificate, or personal identification
  card that has expired for the purpose of fulfilling the requirement
  under Subsection (a)(1-a) if the license or identification is
  otherwise valid.
         SECTION 4.04.  Section 84.011(a), Election Code, as
  effective September 1, 2021, is amended to read as follows:
         (a)  The officially prescribed application form for an early
  voting ballot must include:
               (1)  immediately preceding the signature space the
  statement: "I certify that the information given in this
  application is true, and I understand that giving false information
  in this application is a crime.";
               (2)  a statement informing the applicant of the
  offenses prescribed by Sections 84.003 and 84.004;
               (3)  spaces for entering an applicant's voter
  registration number and county election precinct of registration,
  with a statement informing the applicant that failure to furnish
  that information does not invalidate the application;
               (3-a)  a space for entering the information required
  under Section 84.002(a)(1-a); and
               (4)  on an application for a ballot to be voted by mail:
                     (A)  a space for an applicant applying on the
  ground of absence from the county of residence to indicate the date
  on or after which the applicant can receive mail at the address
  outside the county;
                     (B)  a space for indicating the fact that an
  applicant whose application is signed by a witness cannot make the
  applicant's mark and a space for indicating the relationship or
  lack of relationship of the witness to the applicant;
                     (C)  a space for entering an applicant's telephone
  number, with a statement informing the applicant that failure to
  furnish that information does not invalidate the application;
                     (D)  a space or box for an applicant applying on
  the ground of age or disability to indicate that the address to
  which the ballot is to be mailed is the address of a facility or
  relative described by Section 84.002(a)(3), if applicable;
                     (E)  a space or box for an applicant applying on
  the ground of confinement in jail or involuntary civil commitment
  to indicate that the address to which the ballot is to be mailed is
  the address of a relative described by Section 84.002(a)(4) or (7),
  if applicable;
                     (F)  a space for an applicant applying on the
  ground of age or disability to indicate if the application is an
  application under Section 86.0015;
                     (G)  spaces for entering the signature, printed
  name, and residence address of any person assisting the applicant;
                     (H)  a statement informing the applicant of the
  condition prescribed by Section 81.005; and
                     (I)  a statement informing the applicant of the
  requirement prescribed by Section 86.003(c).
         SECTION 4.05.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0111 to read as follows:
         Sec. 84.0111.  DISTRIBUTION OF APPLICATION FORM. (a)
  Except as provided by Subsection (c) or as otherwise authorized by
  this code, an officer or employee of this state or of a political
  subdivision of this state may not distribute an application form
  for an early voting ballot to a person who did not request an
  application under Section 84.001.
         (b)  An officer or employee of this state or of a political
  subdivision of this state may not use public funds to facilitate the
  distribution by another person of an application form for an early
  voting ballot to a person who did not request an application under
  Section 84.001.
         (c)  A political party or a candidate for office may
  distribute an application form for an early voting ballot to a
  person who did not request an application under Section 84.001.
         SECTION 4.06.  Section 84.032(c), Election Code, is amended
  to read as follows:
         (c)  An applicant may submit a request after the close of
  early voting by personal appearance by appearing in person and:
               (1)  returning the ballot to be voted by mail to the
  early voting clerk; or
               (2)  executing an affidavit that the applicant:
                     (A)  has not received the ballot to be voted by
  mail; [or]
                     (B)  never requested a ballot to be voted by mail;
  or
                     (C)  received notice of a defect under Section
  87.0271(b) or 87.0411(b).
         SECTION 4.07.  Section 84.035, Election Code, is amended to
  read as follows:
         Sec. 84.035.  BALLOT SENT TO APPLICANT. (a) If the early
  voting clerk cancels an application by an applicant to whom an early
  voting ballot has been sent, the clerk shall:
               (1)  remove the applicant's name from the early voting
  roster; and
               (2)  make any other entries in the records and take any
  other action necessary to prevent the ballot from being counted if
  returned.
         (b)  An election judge may permit a person to whom an early
  voting ballot has been sent who cancels the person's application
  for a ballot to be voted by mail in accordance with Section 84.032
  but fails to return the ballot to be voted by mail to the early
  voting clerk, deputy early voting clerk, or presiding judge as
  provided by that section to vote only a provisional ballot under
  Section 63.011.
         SECTION 4.08.  Section 86.001, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  If the information required under Section
  84.002(a)(1-a) included on the application does not match the
  information on the applicant's application for voter registration
  under Section 13.002(c)(8), the clerk shall reject the application.
         SECTION 4.09.  Section 86.002, Election Code, is amended by
  adding Subsections (g), (h), and (i) to read as follows:
         (g)  The carrier envelope must include a space that is hidden
  from view when the envelope is sealed for the voter to enter the
  following information:
               (1)  the number of the voter's driver's license,
  election identification certificate, or personal identification
  card issued by the Department of Public Safety;
               (2)  if the voter has not been issued a number described
  by Subdivision (1), the last four digits of the voter's social
  security number; or
               (3)  a statement by the applicant that the applicant
  has not been issued a number described by Subdivision (1) or (2).
         (h)  A person may use the number of a driver's license,
  election identification certificate, or personal identification
  card that has expired for purposes of Subsection (g) if the license
  or identification is otherwise valid.
         (i)  No record associating an individual voter with a ballot
  may be created.
         SECTION 4.10.  Section 86.011(c), Election Code, is amended
  to read as follows:
         (c)  If the return is not timely, the clerk shall enter the
  time of receipt on the carrier envelope and retain it in a locked
  container for the period for preserving the precinct election
  records. The clerk shall destroy the unopened envelope and its
  contents after the preservation period.
         SECTION 4.11.  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
  voter.  The committee may also compare the signatures with any
  known signature [two or more signatures] of the voter [made within
  the preceding six years and] on file with the county clerk or voter
  registrar to determine whether the signatures are those of the
  voter.  Except as provided by Subsection (l), a determination under
  this subsection that the signatures are not those of the voter must
  be made by a majority vote of the committee's membership.  The
  committee shall place the jacket envelopes, carrier envelopes, and
  applications of voters whose signatures are not those of the voter
  in separate containers from those of voters whose signatures are
  those of the voter.  The committee chair shall deliver the sorted
  materials to the early voting ballot board at the time specified by
  the board's presiding judge.
         SECTION 4.12.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.0271 to read as follows:
         Sec. 87.0271.  OPPORTUNITY TO CORRECT DEFECT:  SIGNATURE
  VERIFICATION COMMITTEE. (a) This section applies to an early
  voting ballot voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Before deciding whether to accept or reject a timely
  delivered ballot under Section 87.027, the signature verification
  committee may:
               (1)  return the carrier envelope to the voter by mail,
  if the signature verification committee determines that it would be
  possible to correct the defect and return the carrier envelope
  before the time the polls are required to close on election day; or
               (2)  notify the voter of the defect by telephone or
  e-mail and inform the voter that the voter may come to the early
  voting clerk's office in person to:
                     (A)  correct the defect; or
                     (B)  request to have the voter's application to
  vote by mail canceled under Section 84.032.
         (c)  If the signature verification committee takes an action
  described by Subsection (b), the committee must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         SECTION 4.13.  Section 87.041, Election Code, is amended by
  amending Subsections (b) and (e) and adding Subsection (d-1) to
  read as follows:
         (b)  A ballot may be accepted only if:
               (1)  the carrier envelope certificate is properly
  executed;
               (2)  neither the voter's signature on the ballot
  application nor the signature on the carrier envelope certificate
  is determined to have been executed by a person other than the
  voter, unless signed by a witness;
               (3)  the voter's ballot application states a legal
  ground for early voting by mail;
               (4)  the voter is registered to vote, if registration
  is required by law;
               (5)  the address to which the ballot was mailed to the
  voter, as indicated by the application, was outside the voter's
  county of residence, if the ground for early voting is absence from
  the county of residence;
               (6)  for a voter to whom a statement of residence form
  was required to be sent under Section 86.002(a), the statement of
  residence is returned in the carrier envelope and indicates that
  the voter satisfies the residence requirements prescribed by
  Section 63.0011; [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)  the information required under Section 86.002(g)
  provided by the voter identifies the same voter identified on the
  voter's application for voter registration under Section
  13.002(c)(8).
         (d-1)  If a voter provides the information required under
  Section 86.002(g) and it identifies the same voter identified on
  the voter's application for voter registration under Section
  13.002(c)(8), the signature on the ballot application and on the
  carrier envelope certificate shall be rebuttably presumed to be the
  signatures of the voter. 
         (e)  In making the determination under Subsection (b)(2), to
  determine whether the signatures are those of the voter, the board
  may also compare the signatures with any known signature [two or
  more signatures] of the voter [made within the preceding six years
  and] on file with the county clerk or voter registrar [to determine
  whether the signatures are those of the voter].
         SECTION 4.14.  Subchapter C, Chapter 87, Election Code, is
  amended by adding Section 87.0411 to read as follows:
         Sec. 87.0411.  OPPORTUNITY TO CORRECT DEFECT:  EARLY VOTING
  BALLOT BOARD. (a) This section applies to an early voting ballot
  voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Before deciding whether to accept or reject a timely
  delivered ballot under Section 87.041, the early voting ballot
  board may:
               (1)  return the carrier envelope to the voter by mail,
  if the early voting ballot board determines that it would be
  possible to correct the defect and return the carrier envelope
  before the time the polls are required to close on election day; or
               (2)  notify the voter of the defect by telephone or
  e-mail and inform the voter that the voter may come to the early
  voting clerk's office in person to:
                     (A)  correct the defect; or
                     (B)  request to have the voter's application to
  vote by mail canceled under Section 84.032.
         (c)  If the early voting ballot board takes an action
  described by Subsection (b), the board must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         SECTION 4.15.  Section 87.0431(b), Election Code, is amended
  to read as follows:
         (b)  The early voting clerk shall, not later than the 30th
  day after election day, deliver notice to the attorney general,
  including certified copies of the carrier envelope and
  corresponding ballot application, of any ballot rejected because:
               (1)  the voter was deceased;
               (2)  the voter already voted in person in the same
  election;
               (3)  the signatures on the carrier envelope and ballot
  application were not executed by the same person;
               (4)  the carrier envelope certificate lacked a witness
  signature; [or]
               (5)  the carrier envelope certificate was improperly
  executed by an assistant; or
               (6)  the early voting ballot board or the signature
  verification committee determined that another violation of the
  Election Code occurred.
         SECTION 4.16.  Sections 87.062(a) and (c), Election Code,
  are amended to read as follows:
         (a)  On the direction of the presiding judge, the early
  voting ballot board, in accordance with Section 85.032(b), shall
  open the containers [container] for the early voting ballots that
  are to be counted by the board, remove the contents from each [the]
  container, and remove any ballots enclosed in ballot envelopes from
  their envelopes.
         (c)  Ballots voted by mail shall be tabulated and stored
  separately from the ballots voted by personal appearance and shall
  be separately reported on the returns [The results of all early
  voting ballots counted by the board under this subchapter shall be
  included in the same return].
         SECTION 4.17.  Section 87.103, Election Code, is amended to
  read as follows:
         Sec. 87.103.  COUNTING BALLOTS AND PREPARING RETURNS. (a)
  The early voting electronic system ballots counted at a central
  counting station, the ballots cast at precinct polling places, and
  the ballots voted by mail shall be tabulated separately [from the
  ballots cast at precinct polling places] and shall be separately
  reported on the returns.
         (b)  The early voting returns prepared at the central
  counting station must include any early voting results obtained by
  the early voting ballot board under Subchapter [Subchapters] D [and
  E].
         SECTION 4.18.  Section 87.126, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Electronic records made under this section shall
  record both sides of any application, envelope, or ballot recorded,
  and all such records shall be provided to the early voting ballot
  board, the signature verification committee, or both.
         SECTION 4.19.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.128 to read as follows:
         Sec. 87.128.  NOTES. Each member of an early voting ballot
  board and each member of a signature verification committee is
  entitled to take and keep any notes reasonably necessary to perform
  the member's duties under this chapter.
  ARTICLE 5.  ASSISTANCE OF VOTERS
         SECTION 5.01.  Section 64.009, Election Code, is amended by
  amending Subsection (b) and adding Subsections (e), (f), (f-1),
  (g), and (h) to read as follows:
         (b)  The regular voting procedures, except those in
  Subchapter B, may be modified by the election officer to the extent
  necessary to conduct voting under this section.
         (e)  Except as provided by Section 33.057, a poll watcher is
  entitled to observe any activity conducted under this section.
         (f)  A person who simultaneously assists three or more voters
  voting under this section by providing the voters with
  transportation to the polling place must complete and sign a form,
  provided by an election officer, that contains the person's name
  and address and whether the person is providing assistance solely
  under this section or under both this section and Subchapter B.
         (f-1)  Subsection (f) does not apply if the person is related
  to each voter within the second degree by affinity or the third
  degree by consanguinity, as determined under Subchapter B, Chapter
  573, Government Code.
         (g)  A form completed under Subsection (f) shall be delivered
  to the secretary of state as soon as practicable. The secretary
  shall retain a form delivered under this section for the period for
  preserving the precinct election records and shall make the form
  available to the attorney general for inspection upon request.
         (h)  The secretary of state shall prescribe the form
  described by Subsection (f).
         SECTION 5.02.  Section 64.031, Election Code, is amended to
  read as follows:
         Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE. A voter is
  eligible to receive assistance in marking or reading the ballot, as
  provided by this subchapter, if the voter cannot prepare or read the
  ballot because of:
               (1)  a physical disability that renders the voter
  unable to write or see; or
               (2)  an inability to read the language in which the
  ballot is written.
         SECTION 5.03.  Subchapter B, Chapter 64, Election Code, is
  amended by adding Section 64.0322 to read as follows:
         Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. (a)  A
  person, other than an election officer, who assists a voter in
  accordance with this chapter is required to complete a form
  stating:
               (1)  the name and address of the person assisting the
  voter;
               (2)  the relationship to the voter of the person
  assisting the voter; and
               (3)  whether the person assisting the voter received or
  accepted any form of compensation or other benefit from a
  candidate, campaign, or political committee.
         (b)  The secretary of state shall prescribe the form required
  by this section.  The form must be incorporated into the official
  carrier envelope if the voter is voting an early voting ballot by
  mail and receives assistance under Section 86.010, or must be
  submitted to an election officer at the time the voter casts a
  ballot if the voter is voting at a polling place or under Section
  64.009.
         SECTION 5.04.  Section 64.034, Election Code, is amended to
  read as follows:
         Sec. 64.034.  OATH. A person, other than an election
  officer, selected to provide assistance to a voter must take the
  following oath, administered by an election officer at the polling
  place, before providing assistance:
         "I swear (or affirm) under penalty of perjury that the voter I
  am assisting represented to me they are eligible to receive
  assistance; I will not suggest, by word, sign, or gesture, how the
  voter should vote; [I will confine my assistance to answering the
  voter's questions, to stating propositions on the ballot, and to
  naming candidates and, if listed, their political parties;] I will
  prepare the voter's ballot as the voter directs; I did not
  encourage, pressure, or coerce the voter into choosing me to
  provide assistance; [and] I am not the voter's employer, an agent of
  the voter's employer, or an officer or agent of a labor union to
  which the voter belongs; I will not communicate information about
  how the voter has voted to another person; and I understand that if
  assistance is provided to a voter who is not eligible for
  assistance, the voter's ballot may not be counted."
         SECTION 5.05.  Sections 86.010(e), (h), and (i), Election
  Code, are amended to read as follows:
         (e)  A person who assists a voter to prepare a ballot to be
  voted by mail shall enter on the official carrier envelope of the
  voter:
               (1)  the person's signature, printed name, and
  residence address;
               (2)  the relationship of the person providing the
  assistance to the voter; and
               (3)  whether the person received or accepted any form
  of compensation or other benefit from a candidate, campaign, or
  political committee in exchange for providing assistance [on the
  official carrier envelope of the voter].
         (h)  Subsection (f) does not apply to:
               (1)  a violation of Subsection (c), if the person is
  related to the voter within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code, or was physically living in the same
  dwelling as the voter at the time of the event; or
               (2)  a violation of Subsection (e), if the person is
  related to the voter within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code.
         (i)  An offense under this section for a violation of
  Subsection (c) is increased to the next higher category of offense
  if it is shown on the trial of an offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 5.06.  Section 86.013(b), Election Code, is amended
  to read as follows:
         (b)  Spaces must appear on the reverse side of the official
  carrier envelope for:
               (1)  indicating the identity and date of the election;
  [and]
               (2)  entering the signature, printed name, and
  residence address of a person other than the voter who deposits the
  carrier envelope in the mail or with a common or contract carrier;
  and
               (3)  indicating the relationship of that person to the
  voter.
  ARTICLE 6.  FRAUD AND OTHER UNLAWFUL PRACTICES
         SECTION 6.01.  Chapter 63, Election Code, is amended by
  adding Section 63.0111 to read as follows:
         Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. (a)
  An election judge commits an offense if the judge knowingly
  provides a voter with a form for an affidavit required by Section
  63.001 if the form contains information that the judge entered on
  the form knowing it was false.
         (b)  An offense under this section is a state jail felony.
         SECTION 6.02.  Sections 276.004(a) and (b), Election Code,
  are amended to read as follows:
         (a)  A person commits an offense if, with respect to another
  person over whom the person has authority in the scope of
  employment, the person knowingly:
               (1)  refuses to permit the other person to be absent
  from work on election day or while early voting is in progress for
  the purpose of attending the polls to vote; or
               (2)  subjects or threatens to subject the other person
  to a penalty for attending the polls on election day or while early
  voting is in progress to vote.
         (b)  It is an exception to the application of this section
  that the person's conduct occurs in connection with an election in
  which the polls are open on election day or while early voting is in
  progress for voting for two consecutive hours outside of the
  voter's working hours.
         SECTION 6.03.  Chapter 276, Election Code, is amended by
  adding Sections 276.015, 276.016, and 276.017 to read as follows:
         Sec. 276.015.  VOTE HARVESTING. (a) In this section and in
  Section 276.016:
               (1)  "Benefit" means anything reasonably regarded as a
  gain or advantage, including a promise or offer of employment, a
  political favor, or an official act of discretion, whether to a
  person or another party whose welfare is of interest to the person.
               (2)  "Vote harvesting services" means in-person
  interaction with one or more voters, in the physical presence of an
  official ballot, a ballot voted by mail, or an application for
  ballot by mail, intended to deliver votes for a specific candidate
  or measure.
         (b)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide vote
  harvesting services in exchange for compensation or other benefit.
         (c)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide
  compensation or other benefit to another person in exchange for
  vote harvesting services.
         (d)  A person commits an offense if the person knowingly
  collects or possesses a mail ballot or official carrier envelope in
  connection with vote harvesting services.
         (e)  This section does not apply to:
               (1)  an activity not performed in exchange for
  compensation or a benefit;
               (2)  interactions that do not directly involve an
  official ballot, ballot by mail, or an application for ballot by
  mail;
               (3)  interactions that are not conducted in-person with
  a voter; or
               (4)  activity that is not designed to deliver votes for
  or against a specific candidate or measure.
         (f)  In this section, compensation in exchange for vote
  harvesting services is inferred if a person who performed vote
  harvesting services for a candidate or campaign solicits, receives,
  or is offered compensation from the candidate or campaign, directly
  or through a third party, for services other than vote harvesting
  services provided.
         (g)  An offense under this section is a felony of the third
  degree.
         (h)  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.
         (i)  Records necessary to investigate an offense under this
  section or any other section of this code shall be provided by an
  election officer in an unredacted form to a law enforcement officer
  upon request.  Records obtained under this subsection are not
  subject to public disclosure.
         Sec. 276.016.  CIVIL LIABILITY FOR VOTE HARVESTING. (a)  A
  person who is shown by a preponderance of the evidence to have
  violated Section 276.015 is civilly liable to any candidate or
  political party who suffers harm from the vote harvesting services
  for damages and penalties that may be awarded under Subsection (c).
         (b)  A person is harmed by the vote harvesting services if
  the person can demonstrate that:
               (1)  the person has standing to seek relief; and
               (2)  the liable party violated Section 276.015.
         (b-1)  To establish standing under this section, a person is
  not required to demonstrate that the vote harvesting services
  successfully delivered votes for a specific candidate or measure,
  but must demonstrate that:
               (1)  the vote harvesting services were intended to
  deliver votes for a specific candidate or measure; and 
               (2)  the person opposed the candidate or measure in the
  person's capacity as a candidate or political party. 
         (c)  A party who prevails in an action under this section may
  recover damages in an amount including any or all of:
               (1)  the amount of compensation paid to or received by a
  party in exchange for vote harvesting services;
               (2)  the fair market value of any benefit given or
  received in exchange for vote harvesting services;
               (3)  a penalty in the amount of $35,000; or
               (4)  reasonable and necessary attorney's fees, court
  costs, witness fees, and discovery costs.
         (d)  A party who is a candidate for office who prevails in an
  action under this section and shows that the number of voters
  contacted by the vote harvesting activity exceeds the number of
  votes by which the party lost the election shall recover damages in
  an amount including any or all of:
               (1)  the party's campaign expenditures properly filed
  on a campaign finance report in connection with the election; or
               (2)  any fees and expenses incurred by the party in
  filing and securing a place on the ballot.
         (e)  A person who commits an offense under Section 276.015
  and is found civilly liable, including by vicarious liability,
  under this chapter or other law for any amount of damages arising
  from the vote harvesting services is jointly liable with any other
  defendant for the entire amount of damages arising from the vote
  harvesting services.
         (f)  The cause of action created by this section is
  cumulative of any other remedy provided by common law or statute. 
         (g)  Rules applicable to a party's access to election records
  under Chapter 231 or 232 apply to a cause of action under this
  section.
         (h)  The expedited actions process created by Rule 169, Texas
  Rules of Civil Procedure, does not apply to an action under this
  section.
         (i)  Chapter 27, Civil Practice and Remedies Code, does not
  apply to a cause of action under this section.
         (j)  A cause of action under this section may be brought in
  the county where any element of a violation under Section 276.015
  occurred, or where any part of the vote harvesting services
  occurred.
         (k)  This section shall be liberally construed and applied to
  promote its underlying purpose to protect candidates and the voting
  public from unlawful vote harvesting and provide an efficient and
  economical remedy to secure that protection.
         Sec. 276.017.  UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
  public official may not create, alter, modify, waive, or suspend
  any election standard, practice, or procedure mandated by law or
  rule in a manner not expressly authorized by this code.
  ARTICLE 7.  ENFORCEMENT
         SECTION 7.01.  Section 18.065, Election Code, is amended by
  amending Subsection (a) and adding Subsections (e), (f), and (g) to
  read as follows:
         (a)  The secretary of state shall monitor each registrar for
  substantial compliance with Sections 15.083, 16.032, 16.0332, and
  18.061 and with rules implementing the statewide computerized voter
  registration list.
         (e)  A registrar shall correct a violation within 30 days of
  a notice under Subsection (b).  If a registrar fails to correct the
  violation within 30 days of a notice under Subsection (b), the
  secretary of state shall:
               (1)  correct the violation on behalf of the registrar;
  and
               (2)  notify the attorney general that the registrar
  failed to correct a violation under this subsection.
         (f)  A county served by a registrar who fails to correct a
  violation under Subsection (e) is liable to this state for a civil
  penalty of $1,000 for each violation corrected by the secretary of
  state under that subsection. The attorney general may bring an
  action to recover a civil penalty imposed under this section.
         (g)  A civil penalty collected by the attorney general under
  this section shall be deposited in the state treasury to the credit
  of the general revenue fund.
         SECTION 7.02.  Subchapter E, Chapter 31, Election Code, is
  amended by adding Sections 31.128 and 31.129 to read as follows:
         Sec. 31.128.  RESTRICTION ON ELIGIBILITY. (a) In this
  section, "election official" means:
               (1)  a county clerk;
               (2)  a permanent or temporary deputy county clerk;
               (3)  an elections administrator;
               (4)  a permanent or temporary employee of an elections
  administrator;
               (5)  an election judge;
               (6)  an alternate election judge;
               (7)  an early voting clerk;
               (8)  a deputy early voting clerk;
               (9)  an election clerk;
               (10)  the presiding judge of an early voting ballot
  board;
               (11)  the alternate presiding judge of an early voting
  ballot board;
               (12)  a member of an early voting ballot board;
               (13)  the chair of a signature verification committee;
               (14)  the vice chair of a signature verification
  committee;
               (15)  a member of a signature verification committee;
               (16)  the presiding judge of a central counting
  station;
               (17)  the alternate presiding judge of a central
  counting station;
               (18)  a central counting station manager;
               (19)  a central counting station clerk;
               (20)  a tabulation supervisor; and
               (21)  an assistant to a tabulation supervisor.
         (b)  A person may not serve as an election official if the
  person has been finally convicted of an offense under this code.
         Sec. 31.129.  CIVIL PENALTY. (a) In this section, "election
  official" has the meaning assigned by Section 31.128.
         (b)  An election official may be liable to this state for a
  civil penalty if the official:
               (1)  is employed by or is an officer of this state or a
  political subdivision of this state; and
               (2)  violates a provision of this code.
         (c)  A civil penalty imposed under this section may include
  termination of the person's employment and loss of the person's
  employment benefits.
         SECTION 7.03.  Section 232.006(a), Election Code, is amended
  to read as follows:
         (a)  The venue of an election contest for a statewide office
  is in Travis County or any county where a contestee resided at the
  time of the election. For purposes of this section, a contestee's
  residence is determined under Section 411.0257, Government Code.
         SECTION 7.04.  Sections 232.008(b), (c), and (d), Election
  Code, are amended to read as follows:
         (b)  Except as provided by Subsection (c), a contestant must
  file the petition not later than the later of the 45th [30th] day
  after the date the election records are publicly available under
  Section 1.012 or the official result of the contested election is
  determined.
         (c)  A contestant must file the petition not later than the
  later of the 15th [10th] day after the date the election records are
  publicly available under Section 1.012 or the official result is
  determined in a contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff is
  necessary according to the official result or will be necessary if
  the contestant prevails.
         (d)  A contestant must deliver, electronically or otherwise,
  a copy of the petition to the secretary of state by the same
  deadline prescribed for the filing of the petition.
         SECTION 7.05.  Chapter 232, Election Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
         Sec. 232.061.  PETITION ALLEGING FRAUD. This subchapter
  applies to an election contest in which the contestant alleges in
  the petition that an opposing candidate, an agent of the opposing
  candidate, or a person acting on behalf of the opposing candidate
  with the candidate's knowledge violated any of the following
  sections of this code:
               (1)  Section 13.007;
               (2)  Section 64.012;
               (3)  Section 64.036;
               (4)  Section 84.003;
               (5)  Section 84.0041;
               (6)  Section 86.0051;
               (7)  Section 86.006;
               (8)  Section 86.010; or
               (9)  Section 276.013.
         Sec. 232.062.  DAMAGES. (a) If it is shown by a
  preponderance of the evidence that a contestee, an agent of the
  contestee, or a person acting on behalf of the contestee with the
  contestee's knowledge committed one or more violations of a section
  described by Section 232.061, the contestee is liable to the
  contestant for damages in an amount of $1,000 for each violation.
         (b)  Notwithstanding Section 41.004(a), Civil Practice and
  Remedies Code, a court shall award damages under Subsection (a) to
  the contestant irrespective of whether the contestant is awarded
  actual damages.
         Sec. 232.063.  ATTORNEY'S FEES. In an election contest to
  which this subchapter applies, the court may award reasonable
  attorney's fees to the prevailing party.
         SECTION 7.06.  Section 273.061, Election Code, is amended to
  read as follows:
         Sec. 273.061.  JURISDICTION. (a)  The supreme court or a
  court of appeals may issue a writ of mandamus to compel the
  performance of any duty imposed by law in connection with the
  holding of an election or a political party convention, regardless
  of whether the person responsible for performing the duty is a
  public officer.
         (b)  The court of criminal appeals may issue a writ of
  mandamus to compel the performance of any duty imposed by law in
  connection with the provision, sequestration, transfer, or
  impoundment of evidence in or records relating to a criminal
  investigation conducted under this code or conducted in connection
  with the conduct of an election or political party convention.  If a
  writ of mandamus is issued under this subsection, it shall include
  an order requiring the provision, sequestration, transfer, or
  impoundment of the evidence or record.
         SECTION 7.07.  Subchapter D, Chapter 22, Government Code, is
  amended by adding Section 22.304 to read as follows:
         Sec. 22.304.  PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)  
  The supreme court, the court of criminal appeals, or a court of
  appeals shall prioritize over any other proceeding pending or filed
  in the court a proceeding for injunctive relief or for a writ of
  mandamus under Chapter 273, Election Code, pending or filed in the
  court on or after the 120th day before a general or special
  election.
         (b)  If granted, oral argument for a proceeding described by
  Subsection (a) may be given in person or through electronic means.
         SECTION 7.08.  Section 23.101, Government Code, is amended
  by amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  Except as provided by Subsection (b-1), the [The] trial
  courts of this state shall regularly and frequently set hearings
  and trials of pending matters, giving preference to hearings and
  trials of the following:
               (1)  temporary injunctions;
               (2)  criminal actions, with the following actions given
  preference over other criminal actions:
                     (A)  criminal actions against defendants who are
  detained in jail pending trial;
                     (B)  criminal actions involving a charge that a
  person committed an act of family violence, as defined by Section
  71.004, Family Code;
                     (C)  an offense under:
                           (i)  Section 21.02 or 21.11, Penal Code;
                           (ii)  Chapter 22, Penal Code, if the victim
  of the alleged offense is younger than 17 years of age;
                           (iii)  Section 25.02, Penal Code, if the
  victim of the alleged offense is younger than 17 years of age;
                           (iv)  Section 25.06, Penal Code;
                           (v)  Section 43.25, Penal Code; or
                           (vi)  Section 20A.02(a)(7), 20A.02(a)(8),
  or 20A.03, Penal Code;
                     (D)  an offense described by Article 62.001(6)(C)
  or (D), Code of Criminal Procedure; and
                     (E)  criminal actions against persons who are
  detained as provided by Section 51.12, Family Code, after transfer
  for prosecution in criminal court under Section 54.02, Family Code;
               (3)  election contests and suits under the Election
  Code;
               (4)  orders for the protection of the family under
  Subtitle B, Title 4, Family Code;
               (5)  appeals of final rulings and decisions of the
  division of workers' compensation of the Texas Department of
  Insurance regarding workers' compensation claims and claims under
  the Federal Employers' Liability Act and the Jones Act;
               (6)  appeals of final orders of the commissioner of the
  General Land Office under Section 51.3021, Natural Resources Code;
               (7)  actions in which the claimant has been diagnosed
  with malignant mesothelioma, other malignant asbestos-related
  cancer, malignant silica-related cancer, or acute silicosis; and
               (8)  appeals brought under Section 42.01 or 42.015, Tax
  Code, of orders of appraisal review boards of appraisal districts
  established for counties with a population of less than 175,000.
         (b-1)  Except for a criminal case in which the death penalty
  has been or may be assessed or when it would otherwise interfere
  with a constitutional right, the trial courts of this state shall
  prioritize over any other proceeding pending or filed in the court a
  proceeding for injunctive relief under Chapter 273, Election Code,
  pending or filed in the court on or after the 120th day before a
  general or special election.
  ARTICLE 8.  INELIGIBLE VOTERS AND RELATED REFORMS
         SECTION 8.01.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0194 to read as follows:
         Art. 42.0194.  FINDING REGARDING FELONY CONVICTION. In the
  trial of a felony offense, if the defendant is 18 years of age or
  older and is adjudged guilty of the offense, the court shall:
               (1)  make an affirmative finding that the person has
  been found guilty of a felony and enter the affirmative finding in
  the judgment of the case; and
               (2)  instruct the defendant regarding how the felony
  conviction will impact the defendant's right to vote in this state.
         SECTION 8.02.  Article 42.01, Code of Criminal Procedure, as
  effective September 1, 2021, is amended by adding Section 16 to read
  as follows:
         Sec. 16.  In addition to the information described by
  Section 1, the judgment should reflect the affirmative finding and
  instruction entered pursuant to Article 42.0194.
  ARTICLE 9. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
         SECTION 9.01.  The following provisions of the Election Code
  are repealed:
               (1)  Section 85.062(e); and
               (2)  Section 127.201(f).
         SECTION 9.02.  If any provision of this Act or its
  application to any person or circumstance is held invalid, the
  invalidity does not affect other provisions or applications of this
  Act that can be given effect without the invalid provision or
  application, and to this end the provisions of this Act are declared
  to be severable.
         SECTION 9.03.  (a)  Except as otherwise provided by this Act,
  the changes in law made by this Act apply only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         (b)  The changes in law made by this Act apply only to an
  election ordered on or after the effective date of this Act.  An
  election ordered before the effective date of this Act is governed
  by the law in effect when the election was ordered, and the former
  law is continued in effect for that purpose.
         (c)  The changes in law made by this Act apply only to an
  election contest for which the associated election occurred after
  the effective date of this Act.
         (d)  The changes in law made by this Act apply only to an
  application to vote an early voting ballot by mail submitted on or
  after the effective date of this Act.  An application to vote an
  early voting ballot by mail submitted before the effective date of
  this Act is governed by the law in effect when the application was
  submitted, and the former law is continued in effect for that
  purpose.
         (e)  The changes in law made by this Act apply only to an
  application for voter registration submitted on or after the
  effective date of this Act.
         SECTION 9.04.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on the 91st day after the last day of
  the legislative session.

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