Bill Text: TX SB1 | 2021 | 87th Legislature 2nd Special Session | Enrolled
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.
Spectrum: Partisan Bill (Republican 78-0)
Status: (Passed) 2021-09-07 - Effective on . . . . . . . . . . . . . . . December 2, 2021 [SB1 Detail]
Download: Texas-2021-SB1-Enrolled.html
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. | ||
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 [ |
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[ |
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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 [ |
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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. [ |
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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 [ |
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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 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 [ |
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is not eligible to vote registered to vote or [ |
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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. | ||
[ |
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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 [ |
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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 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 | ||
[ |
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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 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 [ |
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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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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 [ |
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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 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[ |
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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 [ |
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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; 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 [ |
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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 [ |
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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 [ |
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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 | ||
[ |
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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 [ |
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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 10 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 55,000 [ |
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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 10 p.m. | ||
Voting shall be conducted in accordance with this subsection in | ||
those elections in a county with a population under 55,000 | ||
[ |
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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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[ |
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[ |
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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 [ |
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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 55,000 | ||
[ |
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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 10 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 9 a.m. | ||
or later than 10 p.m [ |
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at those times in those elections in a county with a population | ||
under 55,000 [ |
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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[ |
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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 [ |
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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. | ||
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 [ |
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building [ |
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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 [ |
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(b) Except as provided by Subsection (d), the presiding | ||
judge and the alternate presiding judge are [ |
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same manner as a presiding election judge and alternate presiding | ||
election judge, respectively. Except as provided by Subsection | ||
(c), each [ |
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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 [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
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) [ |
||
clerk in charge of the polling place when the watcher first reports | ||
for service. | ||
(b) The officer presented with a watcher's certificates | ||
[ |
||
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) [ |
||
ineligible to serve or the number of appointees to which the | ||
appointing authority is entitled have already been accepted. | ||
(d) The certificates [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
(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. [ |
||
CENTRALLY COUNTED OPTICAL SCAN BALLOTS [ |
||
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 [ |
||
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; [ |
||
(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; [ |
||
(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 [ |
||
chair of the committee the highest-ranked person on [ |
||
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 [ |
||
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; [ |
||
(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 [ |
||
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; [ |
||
(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 [ |
||
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 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 [ |
||
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 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; | ||
[ |
||
did not pressure or coerce the voter into choosing me to provide | ||
assistance; [ |
||
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 [ |
||
(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[ |
||
(2) solicits, receives, or [ |
||
[ |
||
described by Subdivision (1) [ |
||
(c) An offense under this section is a state jail felony [ |
||
(e) For purposes of this section, compensation means an | ||
economic benefit as defined by Section 38.01, Penal Code [ |
||
(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; | ||
[ |
||
(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; [ |
||
(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 [ |
||
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 [ |
||
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 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 [ |
||
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) [ |
||
once in an election; | ||
(3) [ |
||
belonging to another person, or by impersonating another person; | ||
[ |
||
(4) [ |
||
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 | ||
[ |
||
(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 |