Bill Text: TX SB1 | 2021 | 87th Legislature 1st Special Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses; providing civil penalties.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Engrossed - Dead) 2021-07-16 - Co-author authorized [SB1 Detail]
Download: Texas-2021-SB1-Introduced.html
Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses; providing civil penalties.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Engrossed - Dead) 2021-07-16 - Co-author authorized [SB1 Detail]
Download: Texas-2021-SB1-Introduced.html
87S10647 ADM-D | ||
By: Hughes | S.B. No. 1 |
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relating to election integrity and security, including by | ||
preventing fraud in the conduct of elections in this state; | ||
increasing criminal penalties; creating criminal offenses; | ||
providing civil penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. REGISTRATION OF VOTERS | ||
SECTION 1.01. Section 13.002, Election Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) The information required under Subsection (c) must be | ||
supplied by the person desiring to register to vote. | ||
SECTION 1.02. Section 15.021, Election Code, is amended by | ||
amending Subsections (b) and (d) and adding Subsections (d-1) and | ||
(d-2) to read as follows: | ||
(b) Except as provided by Subsection (d), the [ |
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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 [ |
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by digital transmission of the information under a program | ||
administered by the secretary of state and the Department of | ||
Information Resources. | ||
(d-1) If the notice indicates that a voter no longer resides | ||
in the county in which the voter is registered, the registrar shall | ||
forward the notice and the voter's original application for | ||
registration to the registrar of the county in which the voter | ||
resides. The registrars shall coordinate to ensure that the | ||
voter's existing registration is canceled immediately after the | ||
voter is registered in the county in which the voter resides in | ||
accordance with Subsection (d-2). | ||
(d-2) A registrar who receives a voter's notice and | ||
application from another registrar under Subsection (d-1) shall | ||
treat it as an original application for registration under Section | ||
13.002, and shall register the voter if the voter resides in the | ||
county and is otherwise eligible under Section 13.001. | ||
SECTION 1.03. Section 15.028, Election Code, is amended to | ||
read as follows: | ||
Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [ |
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is not eligible to vote registered to vote or [ |
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voted in an election, the registrar shall execute and deliver to the | ||
attorney general, the secretary of state, and the county or | ||
district attorney having jurisdiction in the territory covered by | ||
the election an affidavit stating the relevant facts. | ||
[ |
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SECTION 1.04. Section 16.0332, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (d), and (e) | ||
to read as follows: | ||
(a) After the registrar receives notification [ |
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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, 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. | ||
(d) The secretary of state shall prescribe rules for the | ||
administration of this section. | ||
(e) Not later than December 31 of each year, the secretary | ||
of state shall provide a report to the legislature of the number of | ||
voter registrations canceled under this section during the calendar | ||
year. | ||
SECTION 1.05. Section 18.068, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The secretary of state shall quarterly compare the | ||
information received under Section 16.001 of this code and Sections | ||
[ |
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computerized voter registration list. If the secretary determines | ||
that a voter on the registration list is deceased or has been | ||
excused or disqualified from jury service because the voter is not a | ||
citizen or a resident of the county in which the voter is registered | ||
to vote, the secretary shall send notice of the determination to: | ||
(1) the voter registrar of the counties considered | ||
appropriate by the secretary; and | ||
(2) the attorney general, who shall quarterly review | ||
the information to investigate whether a person has committed an | ||
offense under Section 13.007 or other law. | ||
(a-1) The secretary of state is not required to send notice | ||
under Subsection (a) for a voter who is subject to an exemption from | ||
jury service under Section 62.106, Government Code. | ||
SECTION 1.06. Section 31.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.006. REFERRAL [ |
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(a) If, after receiving or discovering information indicating that | ||
[ |
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election has occurred, the secretary of state determines that there | ||
is reasonable cause to suspect that [ |
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occurred, the secretary shall promptly refer the information | ||
[ |
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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 [ |
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investigation; or | ||
(2) if referred to the attorney general, the attorney | ||
general has completed the investigation or has made a determination | ||
that the information [ |
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investigation. | ||
SECTION 1.07. Section 62.113(b), Government Code, is | ||
amended to read as follows: | ||
(b) On the third business day of each month, the clerk shall | ||
send a copy of the list of persons excused or disqualified because | ||
of citizenship in the previous month to: | ||
(1) the voter registrar of the county; | ||
(2) the secretary of state; and | ||
(3) the attorney general and the county or district | ||
attorney[ |
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person committed an offense under Section 13.007, Election Code, or | ||
other law. | ||
SECTION 1.08. Sections 62.114(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) On the third business day of each month, the clerk shall | ||
send [ |
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persons excused or disqualified in the previous month because the | ||
persons do not reside in the county to: | ||
(1) the voter registrar of the county; | ||
(2) the secretary of state; and | ||
(3) the attorney general and the county or district | ||
attorney for an investigation of whether the person committed an | ||
offense under Section 13.007, Election Code, or other law. | ||
(c) A list compiled under this section may not be used for a | ||
purpose other than a purpose described by Subsection (b) or Section | ||
15.081 or 18.068, Election Code. | ||
ARTICLE 2. CONDUCT AND SECURITY OF ELECTIONS | ||
SECTION 2.01. Section 43.031(b), Election Code, is amended | ||
to read as follows: | ||
(b) Each polling place shall be located inside a building. | ||
A polling place may not be located in a tent or similar temporary | ||
moveable structure or in a facility primarily designed for motor | ||
vehicles. No voter may cast a vote from inside a motor vehicle | ||
unless the voter meets the requirements of Section 64.009. | ||
SECTION 2.02. Section 64.007(c), Election Code, is amended | ||
to read as follows: | ||
(c) An election officer shall maintain a register of spoiled | ||
ballots at the polling place, including spoiled ballots from a | ||
direct recording electronic voting unit. An election officer shall | ||
enter on the register the name of each voter who returns a spoiled | ||
ballot and the spoiled ballot's number. The secretary of state | ||
shall create and promulgate a form to be used for this purpose. | ||
SECTION 2.03. Subchapter A, Chapter 65, Election Code, is | ||
amended by adding Section 65.017 to read as follows: | ||
Sec. 65.017. VOTE TABULATING EQUIPMENT. Beginning January | ||
1, 2024, equipment to tabulate votes may not be used if any wireless | ||
connectivity capability of the equipment has not been disabled or | ||
removed. | ||
SECTION 2.04. Subchapter A, Chapter 66, Election Code, is | ||
amended by adding Section 66.004 to read as follows: | ||
Sec. 66.004. CLOSING POLLING PLACE. The secretary of state | ||
shall adopt rules and create a checklist or similar guidelines to | ||
assist the presiding judge of a polling place in processing forms | ||
and conducting procedures required by this code at the closing of | ||
the polling place. | ||
SECTION 2.05. Section 66.052, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY. | ||
(a) A delivery of election records or supplies that is to be | ||
performed by the presiding judge may be performed by an election | ||
clerk designated by the presiding judge. | ||
(b) If the presiding judge of a polling place designates a | ||
clerk to deliver election supplies, the presiding judge shall | ||
attest to the designation, and the clerk shall attest to the clerk's | ||
acceptance of the responsibility. The secretary of state shall | ||
create and promulgate a form to facilitate compliance with this | ||
section. | ||
SECTION 2.06. 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 [ |
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83.002 [ |
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early voting polling place shall be conducted on each weekday of | ||
[ |
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holiday and for a period of at least nine hours, except that voting | ||
may not be conducted earlier than 6 a.m. or later than 9 p.m. | ||
[ |
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(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 [ |
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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 [ |
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election, or the county clerk if that person is the early voting | ||
clerk, shall determine which hours the voting is to be conducted. | ||
(c) In a county with a population of 30,000 [ |
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more, the voting in a primary election or the general election for | ||
state and county officers shall be conducted at the main early | ||
voting polling place for at least 12 hours on each weekday of the | ||
last week of the early voting period, and the voting in a special | ||
election ordered by the governor shall be conducted at the main | ||
early voting polling place for at least 12 hours on each of the last | ||
two days of the early voting period. Voting under this subsection | ||
may not be conducted earlier than 6 a.m. or later than 9 p.m. Voting | ||
shall be conducted in accordance with this subsection in those | ||
elections in a county with a population under 30,000 [ |
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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 [ |
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SECTION 2.07. Sections 85.006(b) and (e), Election Code, | ||
are amended to read as follows: | ||
(b) In an election in which a county clerk [ |
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or Sunday. The clerk must do so by written order. | ||
(e) In a primary election or the general election for state | ||
and county officers in a county with a population of 30,000 | ||
[ |
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personal appearance [ |
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to be conducted on the last Saturday of the early voting period for | ||
at least 12 hours, except that voting may not be conducted earlier | ||
than 6 a.m. or later than 9 p.m., [ |
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last Sunday of the early voting period for at least six [ |
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hours, except that voting may not be conducted earlier than 6 a.m. | ||
or later than 9 p.m [ |
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The early voting clerk shall order voting to be conducted at those | ||
times in those elections in a county with a population under 30,000 | ||
[ |
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by at least 15 registered voters of the county. The request must be | ||
submitted in time to enable compliance with Section 85.007. This | ||
subsection supersedes any provision of this subchapter to the | ||
extent of any conflict. | ||
SECTION 2.08. 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[ |
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SECTION 2.09. 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 [ |
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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. The polling place may not be located in a tent or | ||
similar temporary movable structure or a parking garage, parking | ||
lot, or similar facility designed primarily for motor vehicles. | ||
SECTION 2.10. 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 [ |
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building [ |
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establishing the branch office. The polling place may not be | ||
located in a tent or similar temporary movable structure or a | ||
parking garage, parking lot, or similar facility designed primarily | ||
for motor vehicles in the general election for state and county | ||
officers, general primary election, or runoff primary election. | ||
Ropes or other suitable objects may be used at the polling place to | ||
ensure compliance with Section 62.004. Persons who are not | ||
expressly permitted by law to be in a polling place shall be | ||
excluded from the polling place to the extent practicable. | ||
(f-1) Notwithstanding any other provision of this section | ||
concerning the location of temporary branch polling places, in an | ||
election in which countywide polling places are used, the | ||
commissioners court of a county shall employ the same methodology | ||
it uses to determine the location of countywide polling places to | ||
determine the location of temporary branch polling places. | ||
SECTION 2.11. Section 124.002, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Voting system ballots may not be arranged in a manner | ||
that allows a political party's candidates to be selected in one | ||
motion or gesture. | ||
SECTION 2.12. 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 | ||
[ |
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ballots throughout the period of tabulation at the central counting | ||
station. | ||
(b) The general custodian of election records in a county | ||
with a population of less than 100,000 may, and the general | ||
custodian of election records in a county with a population of | ||
100,000 or more shall, implement a video surveillance system that | ||
retains a record of all areas containing voted ballots: | ||
(1) from the time the voted ballots are delivered to | ||
the central counting station until the canvass of precinct election | ||
returns; and | ||
(2) from the time the voted ballots are delivered to | ||
the signature verification committee or early voting ballot board | ||
until the canvass of precinct election returns. | ||
(c) A video from a system implemented under Subsection (b) | ||
may be made available to the public by a livestream in a county with | ||
a population of less than 100,000, and shall be made available to | ||
the public by a livestream in a county with a population of 100,000 | ||
or more. | ||
(d) The video recorded is an election record under Section | ||
1.012 and shall be retained by the general custodian of election | ||
records until the end of the calendar year in which an election is | ||
held or until an election contest filed in the county has been | ||
resolved, whichever is later. | ||
ARTICLE 3. ELECTION OFFICERS AND OBSERVERS | ||
SECTION 3.01. Section 33.051, Election Code, is amended by | ||
adding Subsections (g) and (h) to read as follows: | ||
(g) An election officer commits an offense if the officer | ||
intentionally or knowingly refuses to accept a watcher for service | ||
when acceptance of the watcher is required by this section. An | ||
offense under this subsection is a Class B misdemeanor. | ||
(h) Before accepting a watcher, the officer presented with a | ||
watcher's certificate of appointment shall require the watcher to | ||
take the following oath, administered by the officer: "I swear (or | ||
affirm) that I will not disrupt the voting process or harass voters | ||
in the discharge of my duties." | ||
SECTION 3.02. 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 | ||
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conducting the observed activity, except as otherwise prohibited by | ||
this chapter. | ||
(e) Except as provided by Section 33.057(b), a watcher may | ||
not be denied free movement where election activity is occurring | ||
within the location at which the watcher is serving. | ||
(f) In this code, a watcher who is entitled to "observe" an | ||
election activity is entitled to sit or stand near enough to see and | ||
hear the activity. | ||
SECTION 3.03. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.0605 to read as follows: | ||
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. | ||
(a) A watcher appointed to serve at a polling place in an election | ||
who is available at the time of the action may observe all election | ||
activities relating to closing the polling place, including the | ||
sealing and transfer of a memory card, flash drive, hard drive, data | ||
storage device, or other medium now existing or later developed | ||
used by the voting system equipment. | ||
(b) Notwithstanding any other provision of this code, a | ||
watcher duly accepted for service at a polling location is entitled | ||
to follow the transfer of election materials from the polling place | ||
at which the watcher was accepted to a regional tabulating center, | ||
the central counting station, or any other location designated to | ||
process election materials. The authority responsible for | ||
administering a regional tabulating center or another location | ||
where election materials are processed must accept duly appointed | ||
watchers for service in the same manner a watcher is accepted for | ||
service under Section 33.051 and must accept the same number of | ||
watchers that may serve under Section 33.007(a). | ||
SECTION 3.04. Section 33.061(a), Election Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person serves in an | ||
official capacity at a location at which the presence of watchers is | ||
authorized and knowingly prevents a watcher from observing an | ||
activity or procedure the person knows the watcher is entitled to | ||
observe, including by taking any action to obstruct the view of a | ||
watcher or distance the watcher from the activity or procedure to be | ||
observed in a manner that would make observation not reasonably | ||
effective. | ||
SECTION 3.05. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.063 to read as follows: | ||
Sec. 33.063. RELIEF. (a) A watcher, or the appointing | ||
authority for a watcher, who believes that the watcher was | ||
unlawfully prevented or obstructed from the performance of the | ||
watcher's duties may seek: | ||
(1) injunctive relief under Section 273.081, | ||
including issuance of temporary orders; | ||
(2) a writ of mandamus under Section 161.009 or | ||
273.061; and | ||
(3) any other remedy available under law. | ||
(b) The relief provided by this section is available to a | ||
state inspector appointed under Chapter 34 or any other election | ||
inspector authorized by law. | ||
SECTION 3.06. 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 [ |
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(a-2), in-person delivery by the voter who voted the ballot. | ||
(a-2) An in-person delivery of a marked ballot voted under | ||
this chapter must be received by an election official at the time of | ||
delivery. The receiving official shall record the voter's name, | ||
signature, and type of identification provided under Section | ||
63.0101 on a roster prescribed by the secretary of state. The | ||
receiving official shall attest on the roster that the delivery | ||
complies with this section. | ||
SECTION 3.07. 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) and | ||
notwithstanding any other law, including Chapter 552, Government | ||
Code, a written letter, e-mail, or other communication, including a | ||
communication made confidential by other law, between a public | ||
official and a voting systems vendor: | ||
(1) is not confidential; | ||
(2) is public information for purposes of Chapter 552, | ||
Government Code; and | ||
(3) is not subject to an exception to disclosure | ||
provided by Chapter 552, Government Code. | ||
(b) Subsection (a) does not apply to a written letter, | ||
e-mail, or other communication related to the bidding process. | ||
SECTION 3.08. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Section 127.009 to read as follows: | ||
Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING | ||
STATION. (a) A counting station manager and the presiding judge of | ||
the counting station shall develop a protocol under which any | ||
electronic device inside a central counting station that is | ||
necessary to count votes is equipped with software that tracks all | ||
input and activity on the electronic device. | ||
(b) The counting station manager and the presiding judge of | ||
the counting station shall ensure that the input and activity | ||
tracked by the software is printed and delivered to the secretary of | ||
state not later than the fifth day after vote counting is complete. | ||
(c) This section applies only to a central counting station | ||
located in a county with a population of 250,000 or more. | ||
SECTION 3.09. Section 127.1301, Election Code, is amended | ||
to read as follows: | ||
Sec. 127.1301. [ |
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CENTRALLY COUNTED OPTICAL SCAN BALLOTS [ |
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scan ballots, the undervotes and overvotes on those ballots shall | ||
be tallied, tabulated, and reported by race and by election | ||
precinct in the form and manner prescribed by the secretary of | ||
state. | ||
(b) After January 1, 2024, an authority operating a central | ||
counting station under this chapter may not purchase or use a | ||
centrally counted optical ballot scan system that uses a data | ||
storage disc on which information, once written, is capable of | ||
being modified. | ||
SECTION 3.10. Section 127.131, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The presiding judge of the central counting station | ||
shall provide and attest to a written reconciliation of votes and | ||
voters at the close of tabulation for election day and again after | ||
the central counting station meets for the last time to process | ||
late-arriving ballots by mail and provisional ballots. The | ||
secretary of state shall create and promulgate rules and a form to | ||
facilitate compliance with this subsection. The form shall be | ||
posted on a website maintained by the county along with election | ||
returns and results. | ||
SECTION 3.11. Section 129.023, Election Code, is amended by | ||
adding Subsections (b-2) and (c-1) to read as follows: | ||
(b-2) If the test is being conducted for an election in | ||
which a county election board has been established under Section | ||
51.002, the general custodian of election records shall notify each | ||
member of the board of the test at least 48 hours before the date of | ||
the test. If the county election board chooses to witness the test, | ||
each member shall sign the statement required by Subsection (e)(1). | ||
(c-1) A test conducted under this section must also require | ||
the general custodian of election records to demonstrate, using a | ||
representative sample of voting system equipment, that the source | ||
code of the equipment has not been altered. | ||
ARTICLE 4. VOTING BY MAIL | ||
SECTION 4.01. Section 84.001(b), Election Code, is amended | ||
to read as follows: | ||
(b) An application must be submitted in writing and signed | ||
by the applicant using ink on paper. An electronic signature or | ||
photocopied signature is not permitted. | ||
SECTION 4.02. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0011 to read as follows: | ||
Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS | ||
PROHIBITED. The early voting clerk may make no attempt to solicit a | ||
person to complete an application for an early voting ballot by | ||
mail, whether directly or through a third party. | ||
SECTION 4.03. Section 84.002, Election Code, as effective | ||
September 1, 2021, is amended by amending Subsection (a) and adding | ||
Subsection (b-1) to read as follows: | ||
(a) An early voting ballot application must include: | ||
(1) the applicant's name and the address at which the | ||
applicant is registered to vote; | ||
(1-a) the following information: | ||
(A) the number of the applicant's driver's | ||
license 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 or | ||
personal identification card that has expired for the purpose of | ||
fulfilling the requirement under Subsection (a)(1-a) if the license | ||
or identification is otherwise valid. | ||
SECTION 4.04. Section 84.011(a), Election Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
(a) The officially prescribed application form for an early | ||
voting ballot must include: | ||
(1) immediately preceding the signature space the | ||
statement: "I certify that the information given in this | ||
application is true, and I understand that giving false information | ||
in this application is a crime."; | ||
(2) a statement informing the applicant of the | ||
offenses prescribed by Sections 84.003 and 84.004; | ||
(3) spaces for entering an applicant's voter | ||
registration number and county election precinct of registration, | ||
with a statement informing the applicant that failure to furnish | ||
that information does not invalidate the application; | ||
(3-a) a space for entering the information required | ||
under Section 84.002(a)(1-a); and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant applying on the | ||
ground of absence from the county of residence to indicate the date | ||
on or after which the applicant can receive mail at the address | ||
outside the county; | ||
(B) a space for indicating the fact that an | ||
applicant whose application is signed by a witness cannot make the | ||
applicant's mark and a space for indicating the relationship or | ||
lack of relationship of the witness to the applicant; | ||
(C) a space for entering an applicant's telephone | ||
number, with a statement informing the applicant that failure to | ||
furnish that information does not invalidate the application; | ||
(D) a space or box for an applicant applying on | ||
the ground of age or disability to indicate that the address to | ||
which the ballot is to be mailed is the address of a facility or | ||
relative described by Section 84.002(a)(3), if applicable; | ||
(E) a space or box for an applicant applying on | ||
the ground of confinement in jail or involuntary civil commitment | ||
to indicate that the address to which the ballot is to be mailed is | ||
the address of a relative described by Section 84.002(a)(4) or (7), | ||
if applicable; | ||
(F) a space for an applicant applying on the | ||
ground of age or disability to indicate if the application is an | ||
application under Section 86.0015; | ||
(G) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(H) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 4.05. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0111 to read as follows: | ||
Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF APPLICATION | ||
FORM. (a) Unless 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. | ||
SECTION 4.06. Section 84.032(c), Election Code, is amended | ||
to read as follows: | ||
(c) An applicant may submit a request after the close of | ||
early voting by personal appearance by appearing in person and: | ||
(1) returning the ballot to be voted by mail to the | ||
early voting clerk; or | ||
(2) executing an affidavit that the applicant: | ||
(A) has not received the ballot to be voted by | ||
mail; [ |
||
(B) never requested a ballot to be voted by mail; | ||
or | ||
(C) received notice of a defect under Section | ||
87.0271(b) or 87.0411(b). | ||
SECTION 4.07. Section 84.035, Election Code, is amended to | ||
read as follows: | ||
Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early | ||
voting clerk cancels an application by an applicant to whom an early | ||
voting ballot has been sent, the clerk shall: | ||
(1) remove the applicant's name from the early voting | ||
roster; and | ||
(2) make any other entries in the records and take any | ||
other action necessary to prevent the ballot from being counted if | ||
returned. | ||
(b) An election judge may permit a person to whom an early | ||
voting ballot has been sent who cancels the person's application | ||
for a ballot to be voted by mail in accordance with Section 84.032 | ||
but fails to return the ballot to be voted by mail to the early | ||
voting clerk, deputy early voting clerk, or presiding judge as | ||
provided by that section to vote only a provisional ballot under | ||
Section 63.011. | ||
SECTION 4.08. Section 86.001, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If the information required under Section | ||
84.002(a)(1-a) included on the application does not match the | ||
information on the applicant's application for voter registration | ||
under Section 13.002(c)(8), the clerk shall reject the application. | ||
SECTION 4.09. Section 86.002, Election Code, is amended by | ||
adding Subsections (g), (h), and (i) to read as follows: | ||
(g) The carrier envelope must include a space that is hidden | ||
from view when the envelope is sealed for the voter to enter the | ||
following information: | ||
(1) the number of the voter's driver's license 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 or | ||
personal identification card that has expired for purposes of | ||
Subsection (g) if the license or identification is otherwise valid. | ||
(i) No record associating an individual voter with a ballot | ||
may be created. | ||
SECTION 4.10. Section 86.011(c), Election Code, is amended | ||
to read as follows: | ||
(c) If the return is not timely, the clerk shall enter the | ||
time of receipt on the carrier envelope and retain it in a locked | ||
container for the period for preserving the precinct election | ||
records. The clerk shall destroy the unopened envelope and its | ||
contents after the preservation period. | ||
SECTION 4.11. Section 87.027(i), Election Code, is amended | ||
to read as follows: | ||
(i) The signature verification committee shall compare the | ||
signature on each carrier envelope certificate, except those signed | ||
for a voter by a witness, with the signature on the voter's ballot | ||
application to determine whether the signatures are those of the | ||
voter. The committee may also compare the signatures with any | ||
known signature [ |
||
registrar to determine whether the signatures are those of the | ||
voter. Except as provided by Subsection (l), a determination under | ||
this subsection that the signatures are not those of the voter must | ||
be made by a majority vote of the committee's membership. The | ||
committee shall place the jacket envelopes, carrier envelopes, and | ||
applications of voters whose signatures are not those of the voter | ||
in separate containers from those of voters whose signatures are | ||
those of the voter. The committee chair shall deliver the sorted | ||
materials to the early voting ballot board at the time specified by | ||
the board's presiding judge. | ||
SECTION 4.12. Subchapter B, Chapter 87, Election Code, is | ||
amended by adding Section 87.0271 to read as follows: | ||
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE | ||
VERIFICATION COMMITTEE. (a) This section applies to an early | ||
voting ballot voted by mail: | ||
(1) for which the voter did not sign the carrier | ||
envelope certificate; | ||
(2) for which it cannot immediately be determined | ||
whether the signature on the carrier envelope certificate is that | ||
of the voter; | ||
(3) missing any required statement of residence; or | ||
(4) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a timely | ||
delivered ballot under Section 87.027, the signature verification | ||
committee may: | ||
(1) return the carrier envelope to the voter by mail, | ||
if the signature verification committee determines that it would be | ||
possible to correct the defect and return the carrier envelope | ||
before the time the polls are required to close on election day; or | ||
(2) notify the voter of the defect by telephone or | ||
e-mail and inform the voter that the voter may come to the early | ||
voting clerk's office in person to: | ||
(A) correct the defect; or | ||
(B) request to have the voter's application to | ||
vote by mail canceled under Section 84.032. | ||
(c) If the signature verification committee takes an action | ||
described by Subsection (b), the committee must take either action | ||
described by that subsection with respect to each ballot in the | ||
election to which this section applies. | ||
(d) A poll watcher is entitled to observe an action taken | ||
under Subsection (b). | ||
(e) The secretary of state may prescribe any procedures | ||
necessary to implement this section. | ||
SECTION 4.13. Section 87.041, Election Code, is amended by | ||
amending Subsections (b) and (e) and adding Subsection (d-1) to | ||
read as follows: | ||
(b) A ballot may be accepted only if: | ||
(1) the carrier envelope certificate is properly | ||
executed; | ||
(2) neither the voter's signature on the ballot | ||
application nor the signature on the carrier envelope certificate | ||
is determined to have been executed by a person other than the | ||
voter, unless signed by a witness; | ||
(3) the voter's ballot application states a legal | ||
ground for early voting by mail; | ||
(4) the voter is registered to vote, if registration | ||
is required by law; | ||
(5) the address to which the ballot was mailed to the | ||
voter, as indicated by the application, was outside the voter's | ||
county of residence, if the ground for early voting is absence from | ||
the county of residence; | ||
(6) for a voter to whom a statement of residence form | ||
was required to be sent under Section 86.002(a), the statement of | ||
residence is returned in the carrier envelope and indicates that | ||
the voter satisfies the residence requirements prescribed by | ||
Section 63.0011; [ |
||
(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 matches the information 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 matches the information 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 [ |
||
SECTION 4.14. Subchapter C, Chapter 87, Election Code, is | ||
amended by adding Section 87.0411 to read as follows: | ||
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING | ||
BALLOT BOARD. (a) This section applies to an early voting ballot | ||
voted by mail: | ||
(1) for which the voter did not sign the carrier | ||
envelope certificate; | ||
(2) for which it cannot immediately be determined | ||
whether the signature on the carrier envelope certificate is that | ||
of the voter; | ||
(3) missing any required statement of residence; or | ||
(4) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a timely | ||
delivered ballot under Section 87.041, the early voting ballot | ||
board may: | ||
(1) return the carrier envelope to the voter by mail, | ||
if the early voting ballot board determines that it would be | ||
possible to correct the defect and return the carrier envelope | ||
before the time the polls are required to close on election day; or | ||
(2) notify the voter of the defect by telephone or | ||
e-mail and inform the voter that the voter may come to the early | ||
voting clerk's office in person to: | ||
(A) correct the defect; or | ||
(B) request to have the voter's application to | ||
vote by mail canceled under Section 84.032. | ||
(c) If the early voting ballot board takes an action | ||
described by Subsection (b), the board must take either action | ||
described by that subsection with respect to each ballot in the | ||
election to which this section applies. | ||
(d) A poll watcher is entitled to observe an action taken | ||
under Subsection (b). | ||
(e) The secretary of state may prescribe any procedures | ||
necessary to implement this section. | ||
SECTION 4.15. Section 87.0431(b), Election Code, is amended | ||
to read as follows: | ||
(b) The early voting clerk shall, not later than the 30th | ||
day after election day, deliver notice to the attorney general, | ||
including certified copies of the carrier envelope and | ||
corresponding ballot application, of any ballot rejected because: | ||
(1) the voter was deceased; | ||
(2) the voter already voted in person in the same | ||
election; | ||
(3) the signatures on the carrier envelope and ballot | ||
application were not executed by the same person; | ||
(4) the carrier envelope certificate lacked a witness | ||
signature; [ |
||
(5) the carrier envelope certificate was improperly | ||
executed by an assistant; or | ||
(6) the early voting ballot board or the signature | ||
verification committee determined that another violation of the | ||
Election Code occurred. | ||
SECTION 4.16. Sections 87.062(a) and (c), Election Code, | ||
are amended to read as follows: | ||
(a) On the direction of the presiding judge, the early | ||
voting ballot board, in accordance with Section 85.032(b), shall | ||
open the containers [ |
||
are to be counted by the board, remove the contents from each [ |
||
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 [ |
||
SECTION 4.17. Section 87.103, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a) | ||
The early voting electronic system ballots counted at a central | ||
counting station, the ballots cast at precinct polling places, and | ||
the ballots voted by mail shall be tabulated separately [ |
||
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 [ |
||
SECTION 4.18. Section 87.126, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Electronic records made under this section shall | ||
record both sides of any application, envelope, or ballot recorded, | ||
and all such records shall be provided to the early voting ballot | ||
board, the signature verification committee, or both. | ||
SECTION 4.19. Subchapter G, Chapter 87, Election Code, is | ||
amended by adding Section 87.128 to read as follows: | ||
Sec. 87.128. NOTES. Each member of an early voting ballot | ||
board and each member of a signature verification committee is | ||
entitled to take and keep any notes reasonably necessary to perform | ||
the member's duties under this chapter. | ||
ARTICLE 5. ASSISTANCE OF VOTERS | ||
SECTION 5.01. Section 64.009, Election Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1), (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. | ||
(b-1) A person other than a voter is only permitted to be | ||
inside a motor vehicle while a voter votes from the motor vehicle if | ||
the person would be entitled to accompany the voter to the voting | ||
station under other law. | ||
(e) Except as provided by Section 33.057, a poll watcher is | ||
entitled to observe any activity conducted under this section. | ||
(f) A person who simultaneously assists three or more voters | ||
voting under this section by providing the voters with | ||
transportation to the polling place must complete and sign a form, | ||
provided by an election officer, that contains the person's name | ||
and address and whether the person is providing assistance solely | ||
under this section or under both this section and Subchapter B. | ||
(f-1) Subsection (f) does not apply if the person is related | ||
to each voter within the second degree by affinity or the third | ||
degree by consanguinity, as determined under Subchapter B, Chapter | ||
573, Government Code. | ||
(g) A form completed under Subsection (f) shall be delivered | ||
to the secretary of state as soon as practicable. The secretary | ||
shall retain a form delivered under this section for the period for | ||
preserving the precinct election records and shall make the form | ||
available to the attorney general for inspection upon request. | ||
(h) The secretary of state shall prescribe the form | ||
described by Subsection (f). | ||
SECTION 5.02. Section 64.031, Election Code, is amended to | ||
read as follows: | ||
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is | ||
eligible to receive assistance in marking or reading the ballot, as | ||
provided by this subchapter, if the voter cannot prepare or read the | ||
ballot because of: | ||
(1) a physical disability that renders the voter | ||
unable to write or see; or | ||
(2) an inability to read the language in which the | ||
ballot is written. | ||
SECTION 5.03. Subchapter B, Chapter 64, Election Code, is | ||
amended by adding Section 64.0322 to read as follows: | ||
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A | ||
person, other than an election officer, who assists a voter in | ||
accordance with this chapter is required to complete a form | ||
stating: | ||
(1) the name and address of the person assisting the | ||
voter; | ||
(2) the relationship to the voter of the person | ||
assisting the voter; and | ||
(3) whether the person assisting the voter received or | ||
accepted any form of compensation or other benefit from a | ||
candidate, campaign, or political committee. | ||
(b) The secretary of state shall prescribe the form required | ||
by this section. The form must be incorporated into the official | ||
carrier envelope if the voter is voting an early voting ballot by | ||
mail and receives assistance under Section 86.010, or must be | ||
submitted to an election officer at the time the voter casts a | ||
ballot if the voter is voting at a polling place or under Section | ||
64.009. | ||
SECTION 5.04. Section 64.034, Election Code, is amended to | ||
read as follows: | ||
Sec. 64.034. OATH. A person, other than an election | ||
officer, selected to provide assistance to a voter must take the | ||
following oath, administered by an election officer at the polling | ||
place, before providing assistance: | ||
"I swear (or affirm) under penalty of perjury that the voter I | ||
am assisting represented to me they are eligible to receive | ||
assistance because of a physical disability that renders the voter | ||
unable to write or see or an inability to read the language in which | ||
the ballot is written; 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; [ |
||
as the voter directs; I did not encourage, pressure, or coerce the | ||
voter into choosing me to provide assistance; [ |
||
voter's employer, an agent of the voter's employer, or an officer or | ||
agent of a labor union to which the voter belongs; I will not | ||
communicate information about how the voter has voted to another | ||
person; and I understand that if assistance is provided to a voter | ||
who is not eligible for assistance, the voter's ballot may not be | ||
counted." | ||
SECTION 5.05. Sections 86.010(e), (h), and (i), Election | ||
Code, are amended to read as follows: | ||
(e) A person who assists a voter to prepare a ballot to be | ||
voted by mail shall enter on the official carrier envelope of the | ||
voter: | ||
(1) the person's signature, printed name, and | ||
residence address; | ||
(2) the relationship of the person providing the | ||
assistance to the voter; and | ||
(3) whether the person received or accepted any form | ||
of compensation or other benefit from a candidate, campaign, or | ||
political committee in exchange for providing assistance [ |
||
(h) Subsection (f) does not apply to: | ||
(1) a violation of Subsection (c), if the person is | ||
related to the voter within the second degree by affinity or the | ||
third degree by consanguinity, as determined under Subchapter B, | ||
Chapter 573, Government Code, or was physically living in the same | ||
dwelling as the voter at the time of the event; or | ||
(2) a violation of Subsection (e), if the person is | ||
related to the voter within the second degree by affinity or the | ||
third degree by consanguinity, as determined under Subchapter B, | ||
Chapter 573, Government Code. | ||
(i) An offense under this section for a violation of | ||
Subsection (c) is increased to the next higher category of offense | ||
if it is shown on the trial of an offense under this section that: | ||
(1) the defendant was previously convicted of an | ||
offense under this code; | ||
(2) the offense involved a voter 65 years of age or | ||
older; or | ||
(3) the defendant committed another offense under this | ||
section in the same election. | ||
SECTION 5.06. Section 86.013(b), Election Code, is amended | ||
to read as follows: | ||
(b) Spaces must appear on the reverse side of the official | ||
carrier envelope for: | ||
(1) indicating the identity and date of the election; | ||
[ |
||
(2) entering the signature, printed name, and | ||
residence address of a person other than the voter who deposits the | ||
carrier envelope in the mail or with a common or contract carrier; | ||
and | ||
(3) indicating the relationship of that person to the | ||
voter. | ||
ARTICLE 6. FRAUD AND OTHER UNLAWFUL PRACTICES | ||
SECTION 6.01. Chapter 63, Election Code, is amended by | ||
adding Section 63.0111 to read as follows: | ||
Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a) | ||
An election judge commits an offense if the judge knowingly | ||
provides a voter with a form for an affidavit required by Section | ||
63.001 if the form contains information that the judge entered on | ||
the form knowing it was false. | ||
(b) An offense under this section is a state jail felony. | ||
SECTION 6.02. Sections 276.004(a) and (b), Election Code, | ||
are amended to read as follows: | ||
(a) A person commits an offense if, with respect to another | ||
person over whom the person has authority in the scope of | ||
employment, the person knowingly: | ||
(1) refuses to permit the other person to be absent | ||
from work on election day or while early voting is in progress for | ||
the purpose of attending the polls to vote; or | ||
(2) subjects or threatens to subject the other person | ||
to a penalty for attending the polls on election day or while early | ||
voting is in progress to vote. | ||
(b) It is an exception to the application of this section | ||
that the person's conduct occurs in connection with an election in | ||
which the polls are open on election day or while early voting is in | ||
progress for voting for two consecutive hours outside of the | ||
voter's working hours. | ||
SECTION 6.03. Chapter 276, Election Code, is amended by | ||
adding Sections 276.015, 276.016, and 276.017 to read as follows: | ||
Sec. 276.015. VOTE HARVESTING. (a) In this section and in | ||
Section 276.016: | ||
(1) "Benefit" means anything reasonably regarded as a | ||
gain or advantage, including a promise or offer of employment, a | ||
political favor, or an official act of discretion, whether to a | ||
person or another party whose welfare is of interest to the person. | ||
(2) "Vote harvesting services" means in-person | ||
interaction with one or more voters, involving an official ballot, | ||
a ballot voted by mail, or an application for ballot by mail, | ||
intended to deliver votes for a specific candidate or measure. | ||
(b) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide vote | ||
harvesting services in exchange for compensation or other benefit. | ||
(c) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide | ||
compensation or other benefit to another person in exchange for | ||
vote harvesting services. | ||
(d) A person commits an offense if the person knowingly | ||
collects or possesses a mail ballot or official carrier envelope in | ||
connection with vote harvesting services. | ||
(e) This section does not apply to: | ||
(1) an activity not performed in exchange for | ||
compensation or a benefit; | ||
(2) interactions that do not directly involve an | ||
official ballot, ballot by mail, or an application for ballot by | ||
mail; | ||
(3) interactions that are not conducted in-person with | ||
a voter; or | ||
(4) activity that is not designed to deliver votes for | ||
or against a specific candidate or measure. | ||
(f) In this section, compensation in exchange for vote | ||
harvesting services is inferred if a person who performed vote | ||
harvesting services for a candidate or campaign solicits, receives, | ||
or is offered compensation from the candidate or campaign, directly | ||
or through a third party, for services other than vote harvesting | ||
services provided. | ||
(g) An offense under this section is a felony of the third | ||
degree. | ||
(h) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
(i) Records necessary to investigate an offense under this | ||
section or any other section of this code shall be provided by an | ||
election officer in an unredacted form to a law enforcement officer | ||
upon request. Records obtained under this subsection are not | ||
subject to public disclosure. | ||
Sec. 276.016. CIVIL LIABILITY FOR VOTE HARVESTING. (a) A | ||
person who is shown by a preponderance of the evidence to have | ||
violated Section 276.015 is civilly liable to any candidate or | ||
political party who suffers harm from the vote harvesting services | ||
for damages and penalties that may be awarded under Subsection (c). | ||
(b) A person is harmed by the vote harvesting services if | ||
the person can demonstrate that: | ||
(1) the person has standing to seek relief; and | ||
(2) the liable party violated Section 276.015. | ||
(b-1) To establish standing under this section, a person is | ||
not required to demonstrate that the vote harvesting services | ||
successfully delivered votes for a specific candidate or measure, | ||
but must demonstrate that: | ||
(1) the vote harvesting services were intended to | ||
deliver votes for a specific candidate or measure; and | ||
(2) the person opposed the candidate or measure in the | ||
person's capacity as a candidate or political party. | ||
(c) A party who prevails in an action under this section may | ||
recover damages in an amount including any or all of: | ||
(1) the amount of compensation paid to or received by a | ||
party in exchange for vote harvesting services; | ||
(2) the fair market value of any benefit given or | ||
received in exchange for vote harvesting services; | ||
(3) a penalty in the amount of $35,000; or | ||
(4) reasonable and necessary attorney's fees, court | ||
costs, witness fees, and discovery costs. | ||
(d) A party who is a candidate for office who prevails in an | ||
action under this section and shows that the number of voters | ||
contacted by the vote harvesting activity exceeds the number of | ||
votes by which the party lost the election shall recover damages in | ||
an amount including any or all of: | ||
(1) the party's campaign expenditures properly filed | ||
on a campaign finance report in connection with the election; or | ||
(2) any fees and expenses incurred by the party in | ||
filing and securing a place on the ballot. | ||
(e) A person who commits an offense under Section 276.015 | ||
and is found civilly liable, including by vicarious liability, | ||
under this chapter or other law for any amount of damages arising | ||
from the vote harvesting services is jointly liable with any other | ||
defendant for the entire amount of damages arising from the vote | ||
harvesting services. | ||
(f) The cause of action created by this section is | ||
cumulative of any other remedy provided by common law or statute. | ||
(g) Rules applicable to a party's access to election records | ||
under Chapter 231 or 232 apply to a cause of action under this | ||
section. | ||
(h) The expedited actions process created by Rule 169, Texas | ||
Rules of Civil Procedure, does not apply to an action under this | ||
section. | ||
(i) Chapter 27, Civil Practice and Remedies Code, does not | ||
apply to a cause of action under this section. | ||
(j) A cause of action under this section may be brought in | ||
the county where any element of a violation under Section 276.015 | ||
occurred, or where any part of the vote harvesting services | ||
occurred. | ||
(k) This section shall be liberally construed and applied to | ||
promote its underlying purpose to protect candidates and the voting | ||
public from unlawful vote harvesting and provide an efficient and | ||
economical remedy to secure that protection. | ||
Sec. 276.017. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A | ||
public official may not create, alter, modify, waive, or suspend | ||
any election standard, practice, or procedure mandated by law or | ||
rule in a manner not expressly authorized by this code. | ||
ARTICLE 7. ENFORCEMENT | ||
SECTION 7.01. Section 18.065, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (e), (f), and (g) to | ||
read as follows: | ||
(a) The secretary of state shall monitor each registrar for | ||
substantial compliance with Sections 15.083, 16.032, 16.0332, and | ||
18.061 and with rules implementing the statewide computerized voter | ||
registration list. | ||
(e) A registrar shall correct a violation within 30 days of | ||
a notice under Subsection (b). If a registrar fails to correct the | ||
violation within 30 days of a notice under Subsection (b), the | ||
secretary of state shall: | ||
(1) correct the violation on behalf of the registrar; | ||
and | ||
(2) notify the attorney general that the registrar | ||
failed to correct a violation under this subsection. | ||
(f) A county served by a registrar who fails to correct a | ||
violation under Subsection (e) is liable to this state for a civil | ||
penalty of $1,000 for each violation corrected by the secretary of | ||
state under that subsection. The attorney general may bring an | ||
action to recover a civil penalty imposed under this section. | ||
(g) A civil penalty collected by the attorney general under | ||
this section shall be deposited in the state treasury to the credit | ||
of the general revenue fund. | ||
SECTION 7.02. Subchapter E, Chapter 31, Election Code, is | ||
amended by adding Sections 31.128 and 31.129 to read as follows: | ||
Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this | ||
section, "election official" means: | ||
(1) a county clerk; | ||
(2) a permanent or temporary deputy county clerk; | ||
(3) an elections administrator; | ||
(4) a permanent or temporary employee of an elections | ||
administrator; | ||
(5) an election judge; | ||
(6) an alternate election judge; | ||
(7) an early voting clerk; | ||
(8) a deputy early voting clerk; | ||
(9) an election clerk; | ||
(10) the presiding judge of an early voting ballot | ||
board; | ||
(11) the alternate presiding judge of an early voting | ||
ballot board; | ||
(12) a member of an early voting ballot board; | ||
(13) the chair of a signature verification committee; | ||
(14) the vice chair of a signature verification | ||
committee; | ||
(15) a member of a signature verification committee; | ||
(16) the presiding judge of a central counting | ||
station; | ||
(17) the alternate presiding judge of a central | ||
counting station; | ||
(18) a central counting station manager; | ||
(19) a central counting station clerk; | ||
(20) a tabulation supervisor; and | ||
(21) an assistant to a tabulation supervisor. | ||
(b) A person may not serve as an election official if the | ||
person has been finally convicted of an offense under this code. | ||
Sec. 31.129. CIVIL PENALTY. (a) In this section, "election | ||
official" has the meaning assigned by Section 31.128. | ||
(b) An election official may be liable to this state for a | ||
civil penalty if the official: | ||
(1) is employed by or is an officer of this state or a | ||
political subdivision of this state; and | ||
(2) violates a provision of this code. | ||
(c) A civil penalty imposed under this section may include | ||
termination of the person's employment and loss of the person's | ||
employment benefits. | ||
SECTION 7.03. Section 232.006(a), Election Code, is amended | ||
to read as follows: | ||
(a) The venue of an election contest for a statewide office | ||
is in Travis County or any county where a contestee resided at the | ||
time of the election. For purposes of this section, a contestee's | ||
residence is determined under Section 411.0257, Government Code. | ||
SECTION 7.04. Sections 232.008(b), (c), and (d), Election | ||
Code, are amended to read as follows: | ||
(b) Except as provided by Subsection (c), a contestant must | ||
file the petition not later than the later of the 45th [ |
||
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 [ |
||
publicly available under Section 1.012 or the official result is | ||
determined in a contest of: | ||
(1) a primary or runoff primary election; or | ||
(2) a general or special election for which a runoff is | ||
necessary according to the official result or will be necessary if | ||
the contestant prevails. | ||
(d) A contestant must deliver, electronically or otherwise, | ||
a copy of the petition to the secretary of state by the same | ||
deadline prescribed for the filing of the petition. | ||
SECTION 7.05. Chapter 232, Election Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD | ||
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter | ||
applies to an election contest in which the contestant alleges in | ||
the petition that an opposing candidate, an agent of the opposing | ||
candidate, or a person acting on behalf of the opposing candidate | ||
with the candidate's knowledge violated any of the following | ||
sections of this code: | ||
(1) Section 13.007; | ||
(2) Section 64.012; | ||
(3) Section 64.036; | ||
(4) Section 84.003; | ||
(5) Section 84.0041; | ||
(6) Section 86.0051; | ||
(7) Section 86.006; | ||
(8) Section 86.010; or | ||
(9) Section 276.013. | ||
Sec. 232.062. DAMAGES. (a) If it is shown by a | ||
preponderance of the evidence that a contestee, an agent of the | ||
contestee, or a person acting on behalf of the contestee with the | ||
contestee's knowledge committed one or more violations of a section | ||
described by Section 232.061, the contestee is liable to the | ||
contestant for damages in an amount of $1,000 for each violation. | ||
(b) Notwithstanding Section 41.004(a), Civil Practice and | ||
Remedies Code, a court shall award damages under Subsection (a) to | ||
the contestant irrespective of whether the contestant is awarded | ||
actual damages. | ||
Sec. 232.063. ATTORNEY'S FEES. In an election contest to | ||
which this subchapter applies, the court may award reasonable | ||
attorney's fees to the prevailing party. | ||
SECTION 7.06. Section 273.061, Election Code, is amended to | ||
read as follows: | ||
Sec. 273.061. JURISDICTION. (a) The supreme court or a | ||
court of appeals may issue a writ of mandamus to compel the | ||
performance of any duty imposed by law in connection with the | ||
holding of an election or a political party convention, regardless | ||
of whether the person responsible for performing the duty is a | ||
public officer. | ||
(b) The court of criminal appeals may issue a writ of | ||
mandamus to compel the performance of any duty imposed by law in | ||
connection with the provision, sequestration, transfer, or | ||
impoundment of evidence in or records relating to a criminal | ||
investigation conducted under this code or conducted in connection | ||
with the conduct of an election or political party convention. If a | ||
writ of mandamus is issued under this subsection, it shall include | ||
an order requiring the provision, sequestration, transfer, or | ||
impoundment of the evidence or record. | ||
SECTION 7.07. Subchapter D, Chapter 22, Government Code, is | ||
amended by adding Section 22.304 to read as follows: | ||
Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a) | ||
The supreme court, the court of criminal appeals, or a court of | ||
appeals shall prioritize over any other proceeding pending or filed | ||
in the court a proceeding for injunctive relief or for a writ of | ||
mandamus under Chapter 273, Election Code, pending or filed in the | ||
court on or after the 120th day before a general or special | ||
election. | ||
(b) If granted, oral argument for a proceeding described by | ||
Subsection (a) may be given in person or through electronic means. | ||
SECTION 7.08. Section 23.101, Government Code, is amended | ||
by amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Except as provided by Subsection (b-1), the [ |
||
courts of this state shall regularly and frequently set hearings | ||
and trials of pending matters, giving preference to hearings and | ||
trials of the following: | ||
(1) temporary injunctions; | ||
(2) criminal actions, with the following actions given | ||
preference over other criminal actions: | ||
(A) criminal actions against defendants who are | ||
detained in jail pending trial; | ||
(B) criminal actions involving a charge that a | ||
person committed an act of family violence, as defined by Section | ||
71.004, Family Code; | ||
(C) an offense under: | ||
(i) Section 21.02 or 21.11, Penal Code; | ||
(ii) Chapter 22, Penal Code, if the victim | ||
of the alleged offense is younger than 17 years of age; | ||
(iii) Section 25.02, Penal Code, if the | ||
victim of the alleged offense is younger than 17 years of age; | ||
(iv) Section 25.06, Penal Code; | ||
(v) Section 43.25, Penal Code; or | ||
(vi) Section 20A.02(a)(7), 20A.02(a)(8), | ||
or 20A.03, Penal Code; | ||
(D) an offense described by Article 62.001(6)(C) | ||
or (D), Code of Criminal Procedure; and | ||
(E) criminal actions against persons who are | ||
detained as provided by Section 51.12, Family Code, after transfer | ||
for prosecution in criminal court under Section 54.02, Family Code; | ||
(3) election contests and suits under the Election | ||
Code; | ||
(4) orders for the protection of the family under | ||
Subtitle B, Title 4, Family Code; | ||
(5) appeals of final rulings and decisions of the | ||
division of workers' compensation of the Texas Department of | ||
Insurance regarding workers' compensation claims and claims under | ||
the Federal Employers' Liability Act and the Jones Act; | ||
(6) appeals of final orders of the commissioner of the | ||
General Land Office under Section 51.3021, Natural Resources Code; | ||
(7) actions in which the claimant has been diagnosed | ||
with malignant mesothelioma, other malignant asbestos-related | ||
cancer, malignant silica-related cancer, or acute silicosis; and | ||
(8) appeals brought under Section 42.01 or 42.015, Tax | ||
Code, of orders of appraisal review boards of appraisal districts | ||
established for counties with a population of less than 175,000. | ||
(b-1) Except for a criminal case in which the death penalty | ||
has been or may be assessed or when it would otherwise interfere | ||
with a constitutional right, the trial courts of this state shall | ||
prioritize over any other proceeding pending or filed in the court a | ||
proceeding for injunctive relief under Chapter 273, Election Code, | ||
pending or filed in the court on or after the 120th day before a | ||
general or special election. | ||
ARTICLE 8. INELIGIBLE VOTERS AND RELATED REFORMS | ||
SECTION 8.01. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0194 to read as follows: | ||
Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the | ||
trial of a felony offense, if the defendant is 18 years of age or | ||
older and is adjudged guilty of the offense, the court shall: | ||
(1) make an affirmative finding that the person has | ||
been found guilty of a felony and enter the affirmative finding in | ||
the judgment of the case; and | ||
(2) instruct the defendant regarding how the felony | ||
conviction will impact the defendant's right to vote in this state. | ||
SECTION 8.02. Article 42.01, Code of Criminal Procedure, as | ||
effective September 1, 2021, is amended by amending Section 4 and | ||
adding Section 16 to read as follows: | ||
Sec. 4. The Court of Criminal Appeals [ |
||
standardized felony judgment form that conforms to the requirements | ||
of Section 1 of this article. A court entering a felony judgment | ||
shall use the form promulgated under this section. | ||
Sec. 16. In addition to the information described by | ||
Section 1, the judgment should reflect the affirmative finding and | ||
instruction entered pursuant to Article 42.0194. | ||
ARTICLE 9. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE | ||
SECTION 9.01. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 85.062(e); | ||
(2) Section 86.0105(b); and | ||
(3) Section 127.201(f). | ||
SECTION 9.02. If any provision of this Act or its | ||
application to any person or circumstance is held invalid, the | ||
invalidity does not affect other provisions or applications of this | ||
Act that can be given effect without the invalid provision or | ||
application, and to this end the provisions of this Act are declared | ||
to be severable. | ||
SECTION 9.03. (a) Except as otherwise provided by this Act, | ||
the changes in law made by this Act apply only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect when the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before the effective date of this Act if | ||
any element of the offense occurred before that date. | ||
(b) The changes in law made by this Act apply only to an | ||
election ordered on or after the effective date of this Act. An | ||
election ordered before the effective date of this Act is governed | ||
by the law in effect when the election was ordered, and the former | ||
law is continued in effect for that purpose. | ||
(c) The changes in law made by this Act apply only to an | ||
election contest for which the associated election occurred after | ||
the effective date of this Act. | ||
(d) The changes in law made by this Act apply only to an | ||
application to vote an early voting ballot by mail submitted on or | ||
after the effective date of this Act. An application to vote an | ||
early voting ballot by mail submitted before the effective date of | ||
this Act is governed by the law in effect when the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
(e) The changes in law made by this Act apply only to an | ||
application for voter registration submitted on or after the | ||
effective date of this Act. | ||
SECTION 9.04. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect on the 91st day after the last day of | ||
the legislative session. |