Bill Text: TX SB1 | 2021 | 87th Legislature 2nd Special Session | Enrolled

Texas Senate Bill 1 (Prior Session Legislation)

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.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2021-09-07 - Effective on . . . . . . . . . . . . . . . December 2, 2021 [SB1 Detail]

Download: Texas-2021-SB1-Enrolled.html



	S.B. No. 1




	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. GENERAL PROVISIONS
	SECTION 1.01. SHORT TITLE. This Act may be cited as the
	Election Integrity Protection Act of 2021.
	SECTION 1.02. PURPOSE. The purpose of this Act is to
	exercise the legislature's constitutional authority under Section
	4, Article VI, Texas Constitution, to make all laws necessary to
	detect and punish fraud.
	SECTION 1.03. FINDINGS. The legislature finds that:
	(1) full, free, and fair elections are the
	underpinnings of a stable constitutional democracy;
	(2) fraud in elections threatens the stability of a
	constitutional democracy by undermining public confidence in the
	legitimacy of public officers chosen by election;
	(3) reforms are needed to the election laws of this
	state to ensure that fraud does not undermine the public confidence
	in the electoral process;
	(4) the reforms to the election laws of this state made
	by this Act are not intended to impair the right of free suffrage
	guaranteed to the people of Texas by the United States and Texas
	Constitutions, but are enacted solely to prevent fraud in the
	electoral process and ensure that all legally cast ballots are
	counted. Integral to the right to vote is the assurance of voter
	access and the right for all votes legally cast to be counted;
	(5) additionally, preventing a valid vote from being
	counted violates the basic constitutional rights guaranteed to each
	citizen by the United States Constitution; and
	(6) providing for voter access and increasing the
	stability of a constitutional democracy ensures public confidence
	in the legitimacy of public officers chosen by election.
	SECTION 1.04. Chapter 1, Election Code, is amended by
	adding Section 1.0015 to read as follows:
	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
	legislature that the application of this code and the conduct of
	elections be uniform and consistent throughout this state to reduce
	the likelihood of fraud in the conduct of elections, protect the
	secrecy of the ballot, promote voter access, and ensure that all
	legally cast ballots are counted.
	SECTION 1.05. Section 1.003, Election Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) Election officials and other public officials shall
	strictly construe the provisions of this code to effect the intent
	of the legislature under Section 1.0015.
	SECTION 1.06. Section 1.005, Election Code, is amended by
	amending Subdivision (4-a) and adding Subdivision (4-b) to read as
	follows:
	(4-a) "Election official" means:
	(A) a county clerk;
	(B) a permanent or temporary deputy county clerk;
	(C) an elections administrator;
	(D) a permanent or temporary employee of an
	elections administrator;
	(E) an election judge;
	(F) an alternate election judge;
	(G) an early voting clerk;
	(H) a deputy early voting clerk;
	(I) an election clerk;
	(J) the presiding judge of an early voting ballot
	board;
	(K) the alternate presiding judge of an early
	voting ballot board;
	(L) a member of an early voting ballot board;
	(M) the chair of a signature verification
	committee;
	(N) the vice chair of a signature verification
	committee;
	(O) a member of a signature verification
	committee;
	(P) the presiding judge of a central counting
	station;
	(Q) the alternate presiding judge of a central
	counting station;
	(R) a central counting station manager;
	(S) a central counting station clerk;
	(T) a tabulation supervisor;
	(U) an assistant to a tabulation supervisor; and
	(V) a chair of a county political party holding a
	primary election or a runoff primary election.
	(4-b) "Federal judge" means:
	(A) a judge, former judge, or retired judge of a
	United States court of appeals;
	(B) a judge, former judge, or retired judge of a
	United States district court;
	(C) a judge, former judge, or retired judge of a
	United States bankruptcy court; or
	(D) a magistrate judge, former magistrate judge,
	or retired magistrate judge of a United States district court.
	SECTION 1.07. Section 1.018, Election Code, is amended to
	read as follows:
	Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to
	Section 1.03, Penal Code, and to other titles of the Penal Code that
	may apply to this code, Titles 2 and [~~Title~~] 4, Penal Code, apply
	[~~applies~~] to offenses prescribed by this code.
	SECTION 1.08. Chapter 1, Election Code, is amended by
	adding Section 1.022 to read as follows:
	Sec. 1.022. REASONABLE ACCOMMODATION OR MODIFICATION. A
	provision of this code may not be interpreted to prohibit or limit
	the right of a qualified individual with a disability from
	requesting a reasonable accommodation or modification to any
	election standard, practice, or procedure mandated by law or rule
	that the individual is entitled to request under federal or state
	law.
	ARTICLE 2. REGISTRATION OF VOTERS
	SECTION 2.01. 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 2.02. Section 13.007, Election Code, is amended to
	read as follows:
	Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person
	commits an offense if the person knowingly or intentionally:
	(1) makes a false statement; or
	(2) requests, commands, coerces, or attempts to induce
	another person to make a false statement on a registration
	application.
	(b) An offense under this section is a Class A [B]
	misdemeanor, except that an offense under this section is a state
	jail felony if the person:
	(1) directly or through a third party offers or
	provides compensation or other benefit to a person for activity
	described by Subsection (a); or
	(2) solicits, receives, or accepts compensation or
	other benefit for an activity described by Subsection (a).
	(c) If conduct that constitutes an offense under this
	section also constitutes an offense under another law, the actor
	may be prosecuted under this section, the other law, or both. [~~For~~
	~~purposes of this code, an offense under this section is considered~~
	~~to be perjury, but may be prosecuted only under this section.~~]
	SECTION 2.03. 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 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 2.04. 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, within 72 hours not
	including weekends after making the determination, 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 2.05. 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 2.06. Section 18.065, Election Code, is amended by
	adding Subsections (e), (f), (g), (h), and (i) to read as follows:
	(e) If the secretary of state determines that a voter
	registrar is not in substantial compliance with a requirement
	imposed on the registrar by a provision or rule described in
	Subsection (a), the secretary of state shall:
	(1) for the first violation, require the registrar to
	attend a training course under Subsection (h);
	(2) for the second violation, audit the voter
	registration list for the county in which the registrar serves to
	determine the actions needed to achieve substantial compliance
	under Subsection (a) and provide the results of the audit to the
	registrar; or
	(3) for a third or subsequent violation, if the
	secretary of state determines that the registrar has not performed
	any overt actions in pursuance of compliance with the actions
	identified under Subdivision (2) as necessary for the registrar to
	achieve substantial compliance under Subsection (a) within 14 days
	of receiving the results of the audit conducted under that
	subsection, inform the attorney general that the county which the
	registrar serves may be subject to a civil penalty under Subsection
	(f).
	(f) A county is liable to this state for a civil penalty of
	$1,000 for each day after the 14th day following the receipt of the
	results of the audit conducted under Subsection (e)(2) that the
	county's voter registrar fails to take overt action to comply with
	the actions identified under that subsection as necessary for the
	registrar to achieve substantial compliance under Subsection (a).
	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.
	(h) The secretary of state shall develop and implement a
	training course for registrars on substantial compliance with
	Sections 15.083, 16.032, and 18.061 and with rules implementing the
	statewide computerized voter registration list.
	(i) The secretary of state shall adopt rules and prescribe
	procedures for the implementation of this section.
	SECTION 2.07. 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 the voter registrar of the counties considered appropriate by
	the secretary.
	(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 2.08. 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 2.09. Subchapter B, Chapter 87, Election Code, is
	amended by adding Section 87.028 to read as follows:
	Sec. 87.028. ACCESS TO INFORMATION. (a) On request, a
	county election official shall provide to a member of an early
	voting ballot board all available information necessary to
	fulfilling the functions of the board, including any information
	from the statewide computerized voter registration list under
	Section 18.061.
	(b) On request, a county election official shall provide to
	a member of a signature verification committee all available
	information necessary to fulfilling the functions of the committee,
	including any information from the statewide computerized voter
	registration list under Section 18.061.
	(c) The secretary of state shall adopt rules as necessary to
	prevent a member of an early voting ballot board or signature
	verification committee from retaining or sharing personally
	identifiable information from the statewide computerized voter
	registration list under Section 18.061 obtained under this section
	for any reason unrelated to the official's official duties.
	SECTION 2.10. 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 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 2.11. 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; and
	(2) the secretary of state.
	(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 3. CONDUCT AND SECURITY OF ELECTIONS
	SECTION 3.01. Section 2.053(a), Election Code, is amended
	to read as follows:
	(a) On receipt of the certification, the governing body of
	the political subdivision by order or ordinance shall [~~may~~] declare
	each unopposed candidate elected to the office. If no election is
	to be held on election day by the political subdivision, a copy of
	the order or ordinance shall be posted on election day at each
	polling place used or that would have been used in the election.
	SECTION 3.02. Section 2.056(c), Election Code, is amended
	to read as follows:
	(c) A certifying authority shall [~~may~~] declare a candidate
	elected to an office of the state or county government if, were the
	election held, only the votes cast for that candidate in the
	election for that office may be counted.
	SECTION 3.03. Sections 43.007(c) and (d), Election Code,
	are amended to read as follows:
	(c) In conducting the program, the secretary of state shall
	provide for an audit of the voting system equipment [~~direct~~
	~~recording electronic voting units~~] before and after the election,
	and during the election to the extent such an audit is practicable.
	(d) The secretary of state shall select to participate in
	the program each county that:
	(1) has held a public hearing under Subsection (b);
	(2) has submitted documentation listing the steps
	taken to solicit input on participating in the program by
	organizations or persons who represent the interests of voters;
	(3) has implemented a computerized voter registration
	list that allows an election officer at the polling place to verify
	that a voter has not previously voted in the election;
	(4) uses direct recording electronic voting machines,
	ballot marking devices, or hand-marked scannable paper ballots that
	are printed and scanned at the polling place or any other type of
	voting system equipment that the secretary of state determines is
	capable of processing votes for each type of ballot to be voted in
	the county; and
	(5) is determined by the secretary of state to have the
	appropriate technological capabilities.
	SECTION 3.04. Section 43.031(b), Election Code, is amended
	to read as follows:
	(b) Each polling place shall be located inside a building.
	No voter may cast a vote from inside a motor vehicle unless the
	voter meets the requirements of Section 64.009.
	SECTION 3.05. Section 52.092(a), Election Code, is amended
	to read as follows:
	(a) Except as provided by Section 2.053(c) or 2.056(e), for
	[~~For~~] an election at which offices regularly filled at the general
	election for state and county officers are to appear on the ballot,
	the offices shall be listed in the following order:
	(1) offices of the federal government;
	(2) offices of the state government:
	(A) statewide offices;
	(B) district offices;
	(3) offices of the county government:
	(A) county offices;
	(B) precinct offices.
	SECTION 3.06. 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 3.07. 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. 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 3.08. Subchapter A, Chapter 66, Election Code, is
	amended by adding Section 66.004 to read as follows:
	Sec. 66.004. POLLING PLACE CHECKLISTS. 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 opening and closing of the polling place.
	SECTION 3.09. 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 10 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 55,000 [~~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 10 p.m.
	Voting shall be conducted in accordance with this subsection in
	those elections in a county with a population under 55,000
	[~~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 3.10. 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 55,000
	[~~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 10 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 9 a.m.
	or later than 10 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 55,000 [~~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 3.11. 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 3.12. Section 85.061(a), Election Code, is amended
	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.
	SECTION 3.13. Section 85.062, Election Code, is amended by
	amending Subsection (b) and adding Subsection (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. The polling place may not be
	located in a movable structure 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.
	(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 3.14. Section 87.002, Election Code, is amended to
	read as follows:
	Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
	ballot board consists of a presiding judge, an alternate presiding
	judge, and at least one [~~two~~] other member [~~members~~].
	(b) Except as provided by Subsection (d), the presiding
	judge and the alternate presiding judge are [is] appointed in the
	same manner as a presiding election judge and alternate presiding
	election judge, respectively. Except as provided by Subsection
	(c), each [~~the~~] other member is [~~members are~~] appointed by the
	presiding judge in the same manner as the precinct election clerks.
	(c) In the general election for state and county officers,
	each county chair of a political party with nominees on the general
	election ballot shall submit to the county election board a list of
	names of persons eligible to serve on the early voting ballot board
	in order of the county chair's preference. The county election
	board shall appoint at least one person from each list to serve as a
	member of the early voting ballot board. The same number of members
	must be appointed from each list. The county election board shall
	appoint persons as members of the early voting ballot board in the
	order of preference indicated on each list.
	(d) In addition to the members appointed under Subsection
	(c), the county election board shall appoint as the presiding judge
	the highest-ranked person on [~~from~~] the list provided under that
	subsection by the political party whose nominee for governor
	received the most votes in the county in the most recent
	gubernatorial general election and as the alternate presiding judge
	the highest-ranked person on the list provided under that
	subsection by the political party whose nominee for governor
	received the second most votes in the county in the most recent
	gubernatorial general election.
	SECTION 3.15. 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 3.16. Sections 127.006(a) and (c), Election Code,
	are amended to read as follows:
	(a) The [~~Both the~~] manager, [~~and~~] the presiding judge, and
	the alternate presiding judge may appoint clerks to serve at the
	central counting station.
	(c) A clerk appointed by the manager serves under the
	manager and shall perform the functions directed by the manager. A
	clerk appointed by the presiding judge or the alternate presiding
	judge serves under the presiding judge and shall perform the
	functions directed by the presiding judge.
	SECTION 3.17. 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 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 3.18. 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 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)
	shall be made available to the public by a livestream.
	(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.
	SECTION 3.19. Chapter 127, Election Code, as effective
	September 1, 2021, is amended by adding Subchapter J to read as
	follows:
	SUBCHAPTER J. RANDOMIZED AUDITS
	Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately
	after the uniform election date in November of an even-numbered
	year, the secretary of state shall conduct an audit of the elections
	held in four counties during the previous two years.
	(b) The secretary of state shall select the counties to be
	audited under Subsection (a) at random, except that:
	(1) two of the counties selected must have a total
	population of less than 300,000;
	(2) two of the counties selected must have a total
	population of 300,000 or more; and
	(3) a county selected in the most recent audit cycle
	may not be selected in the current audit cycle.
	(c) A county selected to be audited may not pay the cost of
	performing an audit under this section.
	(d) The secretary of state shall adopt rules as necessary to
	implement this section.
	ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
	SECTION 4.01. Section 32.075, Election Code, is amended by
	adding Subsections (g) and (h) to read as follows:
	(g) A presiding judge may not have a watcher duly accepted
	for service under Subchapter A, Chapter 33, removed from the
	polling place for violating a provision of this code or any other
	provision of law relating to the conduct of elections, other than a
	violation of the Penal Code, unless the violation was observed by an
	election judge or clerk.
	(h) Notwithstanding Subsection (g), a presiding judge may
	call a law enforcement officer to request that a poll watcher be
	removed if the poll watcher commits a breach of the peace or a
	violation of law.
	SECTION 4.02. Subchapter A, Chapter 33, Election Code, is
	amended by adding Section 33.0015 to read as follows:
	Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
	purpose of this chapter is to preserve the integrity of the ballot
	box in accordance with Section 4, Article VI, Texas Constitution,
	by providing for the appointment of watchers. It is the intent of
	the legislature that watchers duly accepted for service under this
	chapter be allowed to observe and report on irregularities in the
	conduct of any election, but may not interfere in the orderly
	conduct of an election. To effect that purpose, a watcher appointed
	under this chapter shall observe without obstructing the conduct of
	an election and call to the attention of an election officer any
	observed or suspected irregularity or violation of law in the
	conduct of the election.
	SECTION 4.03. Subchapter A, Chapter 33, Election Code, is
	amended by adding Section 33.0016 to read as follows:
	Sec. 33.0016. REFERENCES TO EARLY VOTING BALLOT BOARD IN
	THIS CHAPTER. A reference in this chapter to an early voting ballot
	board includes a signature verification committee.
	SECTION 4.04. Subchapter A, Chapter 33, Election Code, is
	amended by adding Section 33.008 to read as follows:
	Sec. 33.008. TRAINING PROGRAM. The secretary of state
	shall develop and maintain a training program for watchers. The
	training program must:
	(1) be available:
	(A) entirely via the Internet; and
	(B) at any time, without a requirement for prior
	registration; and
	(2) provide a watcher who completes the training with
	a certificate of completion.
	SECTION 4.05. Section 33.031, Election Code, is amended by
	adding Subsection (b) to read as follows:
	(b) In addition to the requirements of Subsection (a), to be
	eligible to serve as a watcher, a person must complete training
	under Section 33.008.
	SECTION 4.06. Section 33.051, Election Code, is amended by
	amending Subsections (a), (b), (d), and (e) and adding Subsections
	(a-1), (g), and (h) to read as follows:
	(a) A watcher appointed to serve at a precinct polling
	place, a meeting place for an early voting ballot board, or a
	central counting station must deliver the following materials [a
	~~certificate of appointment~~] to the presiding judge at the time the
	watcher reports for service:
	(1) a certificate of appointment; and
	(2) a certificate of completion from training
	completed by the watcher under Section 33.008.
	(a-1) A watcher appointed to serve at an early voting
	polling place must deliver the certificates under Subsection (a) [a
	~~certificate of appointment~~] to the early voting clerk or deputy
	clerk in charge of the polling place when the watcher first reports
	for service.
	(b) The officer presented with a watcher's certificates
	[~~certificate of appointment~~] shall require the watcher to
	countersign the certificate of appointment to ensure that the
	watcher is the same person who signed the certificate of
	appointment. Except as provided by Subsection (c), a watcher who
	presents himself or herself at the proper time with the
	certificates required under Subsection (a) [~~a certificate of~~
	~~appointment~~] shall be accepted for service unless the person is
	ineligible to serve or the number of appointees to which the
	appointing authority is entitled have already been accepted.
	(d) The certificates [~~certificate~~] of a watcher serving at
	an early voting polling place shall be retained at the polling place
	until voting at the polling place is concluded. At each subsequent
	time that the watcher reports for service, the watcher shall inform
	the clerk or deputy in charge. The officer may require the watcher
	to sign the watcher's name in the officer's presence, for comparison
	with the signature on the certificate of appointment, if the
	officer is uncertain of the watcher's identity.
	(e) If a watcher is not accepted for service, the
	certificates [~~certificate of appointment~~] shall be returned to the
	watcher with a signed statement of the reason for the rejection.
	(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 4.07. 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 4.08. 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 4.09. 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 4.10. Subchapter C, Chapter 33, Election Code, is
	amended by adding Section 33.063 to read as follows:
	Sec. 33.063. RELIEF. 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.
	SECTION 4.11. Section 34.005, Election Code, is amended to
	read as follows:
	Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The
	secretary of state may refer a reported violation of law for
	appropriate action to the attorney general, if the attorney general
	has jurisdiction, or to a prosecuting attorney having jurisdiction.
	(b) If the secretary of state believes that a state
	inspector was unlawfully prevented or obstructed from the
	performance of the inspector's duties, the secretary of state 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.
	SECTION 4.12. 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 4.13. 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. (a) Except as provided by Subsection (b), 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, other than Sections
	552.110 and 552.1101, Government Code.
	(b) A written letter, e-mail, or other communication
	between a public official and a voting systems vendor is excepted
	from disclosure under Chapter 552, Government Code, if the
	communication discloses information, data, or records relating to
	the security of elections critical infrastructure.
	SECTION 4.14. 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) 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.
	(c) An authority that purchases system components in order
	to comply with this section is eligible to have 100 percent of the
	cost of those system components reimbursed.
	(d) Subsection (b) applies starting on the earlier of:
	(1) the date on which the state certifies the first
	centrally counted optical ballot scan system under this section; or
	(2) September 1, 2026.
	(e) This subsection and Subsection (d) expire October 1,
	2026.
	SECTION 4.15. 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 4.16. 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 5. VOTING BY MAIL
	SECTION 5.01. Section 84.001(b), Election Code, is amended
	to read as follows:
	(b) Subject to Section 1.011, an [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 5.02. 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 5.03. 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 5.04. 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 5.05. 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 (c) or 87.0411(b) or (c).
	SECTION 5.06. 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 5.07. Section 86.001, Election Code, is amended by
	adding Subsections (f), (f-1), and (f-2) to read as follows:
	(f) If the information required under Section
	84.002(a)(1-a) included on the application does not identify the
	same voter identified on the applicant's application for voter
	registration under Section 13.002(c)(8), the clerk shall reject the
	application.
	(f-1) If an application is rejected under Subsection (f),
	the clerk shall provide notice of the rejection in accordance with
	Subsection (c). The notice must include information regarding the
	ability to correct or add information required under Section
	84.002(a)(1-a) through the online tool described by Section
	86.015(c).
	(f-2) If an applicant corrects an application for a ballot
	to be voted by mail online and that application subsequently
	identifies the same voter identified on the applicant's application
	for voter registration, the clerk shall provide a ballot to the
	applicant as provided by this chapter.
	SECTION 5.08. 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 5.09. 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 5.10. Section 86.015(c), Election Code, as
	effective September 1, 2021, is amended to read as follows:
	(c) An online tool used under this section must:
	(1) for each election, record:
	(A) each application for a ballot to be voted by
	mail received by the clerk; and
	(B) each carrier envelope sent to a voter by the
	clerk;
	(2) for each carrier envelope, record or assign a
	serially numbered and sequentially issued barcode or tracking
	number that is unique to each envelope; [~~and~~]
	(3) update the applicable Internet website as soon as
	practicable after each of the following events occurs:
	(A) receipt by the early voting clerk of the
	person's application for a ballot to be voted by mail;
	(B) acceptance or rejection by the early voting
	clerk of the person's application for a ballot to be voted by mail;
	(C) placement in the mail by the early voting
	clerk of the person's official ballot;
	(D) receipt by the early voting clerk of the
	person's marked ballot; and
	(E) acceptance or rejection by the early voting
	ballot board of a person's marked ballot; and
	(4) allow a voter to add or correct information
	required under Section 84.002(a)(1-a) or Section 86.002(g).
	SECTION 5.11. Sections 87.027(d), (e), and (i), Election
	Code, are amended to read as follows:
	(d) The early voting clerk shall determine the number of
	members who are to compose the signature verification committee and
	shall state that number in the order calling for the committee's
	appointment. A committee must consist of not fewer than five
	members. In an election in which party alignment is indicated on
	the ballot, each county chair of a political party with a nominee or
	aligned candidate on the ballot shall submit to the appointing
	authority a list of names of persons eligible to serve on the
	signature verification committee in order of the county chair's
	preference. The authority shall appoint at least two persons from
	each list in the order of preference indicated on each list to serve
	as members of the committee. The same number of members must be
	appointed from each list. The authority shall appoint as [~~the~~]
	chair of the committee the highest-ranked person on [~~from~~] the list
	provided by the political party whose nominee for governor received
	the most votes in the county in the most recent gubernatorial
	general election. The authority shall appoint as vice chair of the
	committee the highest-ranked person on the list provided by the
	political party whose nominee for governor received the second most
	votes in the county in the most recent gubernatorial general
	election. A vacancy on the committee shall be filled by appointment
	from the original list or from a new list submitted by the
	appropriate county chair.
	(e) To be eligible to serve on a signature verification
	committee, a person must be eligible under Subchapter C, Chapter
	32, for service as a presiding election judge, except that the
	person must be a qualified voter:
	(1) of the county, in a countywide election ordered by
	the governor or a county authority or in a primary election;
	(2) of the part of the county in which the election is
	held, for an election ordered by the governor or a county authority
	that does not cover the entire county of the person's residence; or
	(3) of the political subdivision, in an election
	ordered by an authority of a political subdivision other than a
	county.
	(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 5.12. 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;
	(4) missing information or containing incorrect
	information required under Section 84.002(a)(1-a) or Section
	86.002; or
	(5) containing incomplete information with respect to
	a witness.
	(b) Not later than the second business day after a signature
	verification committee discovers a defect described by Subsection
	(a) and before the committee decides whether to accept or reject a
	timely delivered ballot under Section 87.027, the committee shall:
	(1) determine if it would be possible for the voter to
	correct the defect and return the carrier envelope before the time
	the polls are required to close on election day; and
	(2) return the carrier envelope to the voter by mail,
	if the committee determines that it would be possible for the voter
	to correct the defect and return the carrier envelope before the
	time the polls are required to close on election day.
	(c) If the signature verification committee determines
	under Subsection (b)(1) that it would not be possible for the voter
	to correct the defect and return the carrier envelope before the
	time the polls are required to close on election day, the committee
	may notify the voter of the defect by telephone or e-mail and inform
	the voter that the voter may request to have the voter's application
	to vote by mail canceled in the manner described by Section 84.032
	or come to the early voting clerk's office in person not later than
	the sixth day after election day to correct the defect.
	(d) If the signature verification committee takes an action
	described by Subsection (b) or (c), the committee must take either
	action described by that subsection with respect to each ballot in
	the election to which this section applies.
	(e) A poll watcher is entitled to observe an action taken
	under Subsection (b) or (c).
	(f) The secretary of state may prescribe any procedures
	necessary to implement this section.
	(g) Notwithstanding any other law, a ballot may not be
	finally rejected for a reason listed in Section 87.041(b)(1), (2),
	or (6) before the seventh day after election day.
	SECTION 5.13. 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 5.14. 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;
	(4) missing information or containing incorrect
	information required under Section 84.002(a)(1-a) or Section
	86.002; or
	(5) containing incomplete information with respect to
	a witness.
	(b) Not later than the second business day after an early
	voting ballot board discovers a defect described by Subsection (a)
	and before the board decides whether to accept or reject a timely
	delivered ballot under Section 87.041, the board shall:
	(1) determine if it would be possible for the voter to
	correct the defect and return the carrier envelope before the time
	the polls are required to close on election day; and
	(2) return the carrier envelope to the voter by mail,
	if the board determines that it would be possible for the voter to
	correct the defect and return the carrier envelope before the time
	the polls are required to close on election day.
	(c) If the early voting ballot board determines under
	Subsection (b)(1) that it would not be possible for the voter to
	correct the defect and return the carrier envelope before the time
	the polls are required to close on election day, the board may
	notify the voter of the defect by telephone or e-mail and inform the
	voter that the voter may request to have the voter's application to
	vote by mail canceled in the manner described by Section 84.032 or
	come to the early voting clerk's office in person not later than the
	sixth day after election day to correct the defect.
	(d) If the early voting ballot board takes an action
	described by Subsection (b) or (c), the board must take either
	action described by that subsection with respect to each ballot in
	the election to which this section applies.
	(e) A poll watcher is entitled to observe an action taken
	under Subsection (b) or (c).
	(f) The secretary of state may prescribe any procedures
	necessary to implement this section.
	(g) Notwithstanding any other law, a ballot may not be
	finally rejected for a reason listed in Section 87.041(b)(1), (2),
	or (6) before the seventh day after election day.
	SECTION 5.15. 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 5.16. 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 5.17. 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 5.18. 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 5.19. Subchapter G, Chapter 87, Election Code, is
	amended by adding Section 87.128 to read as follows:
	Sec. 87.128. NOTES. (a) Each member of an early voting
	ballot board and each member of a signature verification committee
	is entitled to take any notes reasonably necessary to perform the
	member's duties under this chapter.
	(b) Notes taken under this section may not contain
	personally identifiable information.
	(c) Each member who takes notes under this section shall
	sign the notes and deliver them to the presiding judge or committee
	chair, as applicable, for delivery to the custodian of election
	records.
	(d) Notes collected under this section shall be preserved in
	the same manner as precinct election records under Section 66.058.
	ARTICLE 6. ASSISTANCE OF VOTERS
	SECTION 6.01. 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 seven 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 6.02. 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 6.03. 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 6.04. 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 reading the
	ballot to the voter, directing the voter to read the ballot, marking
	the voter's ballot, or directing the voter to mark the ballot;
	[~~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 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 6.05. 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:
	(1) to 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) to 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 6.06. Section 86.0105, Election Code, is amended by
	amending Subsections (a), (c), and (e) and adding Subsection (f) to
	read as follows:
	(a) A person commits an offense if the person:
	(1) compensates or offers to compensate another person
	for assisting voters as provided by Section 86.010[~~, as part of any~~
	~~performance-based compensation scheme based on the number of voters~~
	~~assisted or in which another person is presented with a quota of~~
	~~voters to be assisted as provided by Section 86.010~~]; or
	(2) solicits, receives, or [~~engages in another~~
	~~practice that causes another person's compensation from or~~
	~~employment status with the person to be dependent on the number of~~
	~~voters assisted as provided by Section 86.010; or~~
	[~~(3)~~ ~~with knowledge that accepting compensation for~~
	~~such activity is illegal,~~] accepts compensation for an activity
	described by Subdivision (1) [~~or (2)~~].
	(c) An offense under this section is a state jail felony [if
	~~it is shown on the trial of an offense under this section that the~~
	~~defendant was previously convicted two or more times under this~~
	~~section~~].
	(e) For purposes of this section, compensation means an
	economic benefit as defined by Section 38.01, Penal Code [~~any form~~
	~~of monetary payment, goods, services, benefits, or promises or~~
	~~offers of employment, or any other form of consideration offered to~~
	~~another person in exchange for assisting voters~~].
	(f) This section does not apply if the person assisting a
	voter is an attendant or caregiver previously known to the voter.
	SECTION 6.07. 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.
	SECTION 6.08. (a) The secretary of state shall conduct a
	study regarding the implementation of educational programs,
	including the production and publication on the secretary of
	state's Internet website of instructional videos, to help voters
	with disabilities understand how to use voting systems used in this
	state.
	(b) Not later than December 1, 2022, the secretary of state
	shall submit to the standing committees of the legislature with
	jurisdiction over elections a report on the study required by this
	section.
	(c) The secretary of state, using existing resources, may
	contract with a qualified vendor to conduct the study required by
	this section.
	(d) This section expires December 1, 2023.
	ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES
	SECTION 7.01. 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 7.02. 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 7.03. Sections 276.013(a) and (b), Election Code,
	are amended to read as follows:
	(a) A person commits an offense if the person knowingly or
	intentionally makes any effort to:
	(1) influence the independent exercise of the vote of
	another in the presence of the ballot or during the voting process,
	including by altering the ballot of another or by otherwise causing
	a ballot to not reflect the intent of the voter;
	(2) cause a voter to become registered, a ballot to be
	obtained, or a vote to be cast under false pretenses; [or]
	(3) cause any false or intentionally misleading
	statement, representation, or information to be provided:
	(A) to an election official; or
	(B) on an application for ballot by mail, carrier
	envelope, or any other official election-related form or document;
	(4) prevent a voter from casting a legal ballot in an
	election in which the voter is eligible to vote;
	(5) provide false information to a voter with the
	intent of preventing the voter from voting in an election in which
	the voter is eligible to vote;
	(6) cause the ballot not to reflect the intent of the
	voter;
	(7) cause a ballot to be voted for another person that
	the person knows to be deceased or otherwise knows not to be a
	qualified or registered voter;
	(8) cause or enable a vote to be cast more than once in
	the same election; or
	(9) discard or destroy a voter's completed ballot
	without the voter's consent.
	(b) An offense under this section is a Class A misdemeanor,
	unless:
	(1) the person committed the offense while acting in
	the person's capacity as an elected official, in which case the
	offense is a state jail felony; or
	(2) the person is convicted of an attempt, in which
	case the offense is a Class B [A] misdemeanor.
	SECTION 7.04. Chapter 276, Election Code, is amended by
	adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
	read as follows:
	Sec. 276.015. VOTE HARVESTING. (a) In this section:
	(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 or a ballot voted 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 occur in the presence of
	the ballot or during the voting process;
	(3) interactions that do not directly involve an
	official ballot or ballot by mail;
	(4) interactions that are not conducted in-person with
	a voter; or
	(5) activity that is not designed to deliver votes for
	or against a specific candidate or measure.
	(f) An offense under this section is a felony of the third
	degree.
	(g) 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.
	(h) 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. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
	APPLICATION TO VOTE BY MAIL. (a) A public official or election
	official commits an offense if the official, while acting in an
	official capacity, knowingly:
	(1) solicits the submission of an application to vote
	by mail from a person who did not request an application;
	(2) distributes an application to vote by mail to a
	person who did not request the application unless the distribution
	is expressly authorized by another provision of this code;
	(3) authorizes or approves the expenditure of public
	funds to facilitate third-party distribution of an application to
	vote by mail to a person who did not request the application; or
	(4) completes any portion of an application to vote by
	mail and distributes the application to an applicant.
	(b) An offense under this section is a state jail felony.
	(c) Subsection (a)(2) does not apply if the public official
	or election official engaged in the conduct described by Subsection
	(a)(2) by providing access to an application to vote by mail from a
	publicly accessible Internet website.
	(d) Subsection (a)(4) does not apply if the public official
	or election official engaged in the conduct described by Subsection
	(a)(4) while lawfully assisting the applicant under Section 84.003.
	(e) Subsection (a) does not apply if the public official or
	election official:
	(1) provided general information about voting by mail,
	the vote by mail process, or the timelines associated with voting to
	a person or the public; or
	(2) engaged in the conduct described by Subsection (a)
	while acting in the official's capacity as a candidate for a public
	elective office.
	(f) The remedy provided under this chapter is cumulative,
	and does not restrict any other remedies provided by this code or by
	law. A violation of this section is subject to injunctive relief or
	mandamus as provided by this code.
	Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
	AND BALLOTING MATERIALS. (a) The early voting clerk or other
	election official commits an offense if the clerk or official
	knowingly mails or otherwise provides an early voting ballot by
	mail or other early voting by mail ballot materials to a person who
	the clerk or official knows did not submit an application for a
	ballot to be voted by mail under Section 84.001.
	(b) An offense under this section is a Class A misdemeanor.
	Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
	PROCEDURES. (a) A person commits an offense if, with the intent to
	deceive, the person knowingly or intentionally makes a false
	statement or swears to the truth of a false statement:
	(1) on a voter registration application; or
	(2) previously made while making an oath, declaration,
	or affidavit described by this code.
	(b) An offense under this section is a state jail felony.
	Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
	public official or election 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 8. ENFORCEMENT
	SECTION 8.01. Subchapter E, Chapter 31, Election Code, is
	amended by adding Sections 31.128, 31.129, and 31.130 to read as
	follows:
	Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this
	section, "election official" does not include a chair of a county
	political party holding a primary election or a runoff primary
	election.
	(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.
	Sec. 31.130. SUIT AGAINST ELECTION OFFICER. An action,
	including an action for a writ of mandamus, alleging that an
	election officer violated a provision of this code while acting in
	the officer's official capacity may only be brought against the
	officer in the officer's official capacity.
	SECTION 8.02. 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 8.03. Title 14, Election Code, is amended by adding
	Subtitle D to read as follows:
	SUBTITLE D. OTHER ELECTION LAWSUITS
	CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
	Sec. 247.001. PETITION ALLEGING FRAUD. This chapter
	applies to a civil suit in which a candidate in an election 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;
	(9) Section 276.013; and
	(10) Section 276.015.
	Sec. 247.002. PROCEDURE. A candidate in an election may
	file a petition for an action under this chapter in any county where
	a defendant resided at the time of the election. If the election is
	for a statewide office, the candidate may also file the petition in
	a district court in Travis County.
	Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an
	election may file a petition for an action under this chapter not
	earlier than the day after the date the election is certified and
	not later than the 45th day after the later of that date or the date
	election records are made publicly available under Section 1.012.
	Sec. 247.004. DAMAGES. (a) If it is shown by a
	preponderance of the evidence that a defendant, an agent of the
	defendant, or a person acting on behalf of the defendant with the
	defendant's knowledge committed one or more violations of a section
	described by Section 247.001, the defendant is liable to the
	plaintiff for damages in an amount of $1,000 for each violation.
	(b) Notwithstanding Section 41.004, Civil Practice and
	Remedies Code, a court shall award damages under Subsection (a) to
	the plaintiff irrespective of whether the plaintiff is awarded
	actual damages.
	Sec. 247.005. ATTORNEY'S FEES. In an action under this
	chapter, the court may award reasonable attorney's fees to the
	prevailing party.
	SECTION 8.04. 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 8.05. Subchapter D, Chapter 22, Government Code, is
	amended by adding Sections 22.304 and 22.305 to read as follows:
	Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION
	PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
	official" means any person elected, selected, appointed, employed,
	or otherwise designated as an officer, employee, or agent of this
	state, a government agency, a political subdivision, or any other
	public body established by state law.
	(b) Notwithstanding any other law or rule, a court
	proceeding entitled to priority under Section 22.305 and filed in a
	court of appeals shall be docketed by the clerk of the court and
	assigned to a panel of three justices determined using an automated
	assignment system.
	(c) A person, including a public official, commits an
	offense if the person communicates with a court clerk with the
	intention of influencing or attempting to influence the composition
	of a three-justice panel assigned a specific proceeding under this
	section.
	(d) An offense under this section is a Class A misdemeanor.
	Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
	The supreme court 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 70th
	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 8.06. Section 23.101, Government Code, is amended
	by amending Subsection (a) and adding Subsections (b-1) and (b-2)
	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 70th day before a
	general or special election.
	(b-2) A hearing in a proceeding described by Subsection
	(b-1) may be held in person or through electronic means, as
	determined by the court.
	SECTION 8.07. Chapter 23, Government Code, is amended by
	adding Subchapter D to read as follows:
	SUBCHAPTER D. GENERAL PROVISIONS
	Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
	CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
	clerk of a district court in which a proceeding entitled to priority
	under Section 23.101(b-1) is filed shall docket the proceeding and,
	if more than one district court in the county has jurisdiction over
	the proceeding, randomly assign the proceeding to a district court
	using an automated assignment system.
	(b) Notwithstanding any other law or rule, the clerk of a
	county court or statutory county court in which a proceeding
	entitled to priority under Section 23.101(b-1) is filed shall
	docket the proceeding and, if more than one court in the county has
	jurisdiction over the proceeding, randomly assign the proceeding to
	a court using an automated assignment system.
	(c) A person, including a public official, commits an
	offense if the person communicates with a county or district clerk
	with the intention of influencing or attempting to influence the
	court or judge assigned to a proceeding under this section.
	(d) An offense under this section is a Class A misdemeanor,
	except that the offense is a state jail felony if it is shown on the
	trial of the offense that the person committed the offense while
	acting in the person's official capacity as an election official.
	(e) If a district or county clerk does not comply with this
	section, a person may seek from the supreme court or a court of
	appeals a writ of mandamus as provided by Section 273.061, Election
	Code, to compel compliance with this section.
	Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
	(a) Not later than 24 hours after the proceeding is filed, a judge
	to whom a case is assigned under Section 23.301(b) who wishes to be
	recused from the proceeding must, before recusal:
	(1) hear an application for any emergency temporary
	relief sought;
	(2) grant or deny any emergency temporary relief
	sought; and
	(3) set a scheduling order that provides:
	(A) a date for a hearing on any injunction sought
	not later than five days after the date on which the proceeding was
	filed; and
	(B) discovery and deposition deadlines before
	the expiration of any emergency relief order entered.
	(b) The presiding judge of an administrative region shall
	assign a new judge to a proceeding assigned under Section 23.301(b)
	not later than 12 hours after the original judge assigned to the
	proceeding is recused under Subsection (a).
	(c) A final order in a proceeding filed under Section
	273.081, Election Code, shall be submitted in writing to the
	parties not later than 24 hours after the judge makes a final
	determination in the proceeding.
	(d) If a district judge does not comply with this section, a
	person may seek from the supreme court, the court of criminal
	appeals, or a court of appeals a writ of mandamus as provided by
	Section 273.061, Election Code, to compel compliance with this
	section.
	(e) Notwithstanding Section 23.101(b-1), a proceeding
	relating to a permanent injunction being sought in connection to a
	challenge under Section 141.034, Election Code, may be heard after
	the primary election has been canvassed.
	ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS
	SECTION 9.01. 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 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 9.02. 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.
	SECTION 9.03. Section 64.012, Election Code, is amended by
	amending Subsections (a) and (b) and adding Subsections (c) and (d)
	to read as follows:
	(a) A person commits an offense if the person knowingly or
	intentionally:
	(1) votes or attempts to vote in an election in which
	the person knows the person is not eligible to vote;
	(2) [~~knowingly~~] votes or attempts to vote more than
	once in an election;
	(3) [~~knowingly~~] votes or attempts to vote a ballot
	belonging to another person, or by impersonating another person;
	[or]
	(4) [~~knowingly~~] marks or attempts to mark any portion
	of another person's ballot without the consent of that person, or
	without specific direction from that person how to mark the ballot;
	or
	(5) votes or attempts to vote in an election in this
	state after voting in another state in an election in which a
	federal office appears on the ballot and the election day for both
	states is the same day.
	(b) An offense under this section is a Class A misdemeanor
	[~~felony of the second degree unless the person is convicted of an~~
	~~attempt.~~ ~~In that case, the offense is a state jail felony~~].
	(c) A person may not be convicted solely upon the fact that
	the person signed a provisional ballot affidavit under Section
	63.011 unless corroborated by other evidence that the person
	knowingly committed the offense.
	(d) 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 9.04. The change in law made by this article in
	adding Section 64.012(c), Election Code, applies to an offense
	committed before, on, or after the effective date of this Act,
	except that a final conviction for an offense under that section
	that exists on the effective date of this Act remains unaffected by
	this article.
	ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
	SECTION 10.01. The following provisions of the Election
	Code are repealed:
	(1) Section 85.062(e);
	(2) Section 86.0105(b); and
	(3) Section 127.201(f).
	SECTION 10.02. 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 10.03. (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
	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.
	(d) 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.
	(e) Chapter 247, Election Code, as added by this Act,
	applies only to a cause of action for which the associated election
	occurred after the effective date of this Act.
	SECTION 10.04. This Act takes effect on the 91st day after
	the last day of the legislative session.






	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1 passed the Senate on
	August 12, 2021, by the following vote: Yeas 18, Nays 11;
	August 27, 2021, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; August 29, 2021,
	House granted request of the Senate; August 31, 2021, Senate
	adopted Conference Committee Report by the following
	vote: Yeas 18, Nays 13.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1 passed the House, with
	amendments, on August 27, 2021, by the following vote: Yeas 80,
	Nays 41, one present not voting; August 29, 2021, House granted
	request of the Senate for appointment of Conference Committee;
	August 31, 2021, House adopted Conference Committee Report by the
	following vote: Yeas 80, Nays 41, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor

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Bill Text: TX SB1 | 2021 | 87th Legislature 2nd Special Session | Enrolled

Texas Senate Bill 1 (Prior Session Legislation)

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