Bill Text: TX SB1410 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to election integrity; creating criminal offenses; increasing criminal penalties; imposing a civil penalty; imposing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1410 Detail]
Download: Texas-2019-SB1410-Introduced.html
86R5535 ADM-D | ||
By: Hall | S.B. No. 1410 |
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relating to election integrity; creating criminal offenses; | ||
increasing criminal penalties; imposing a civil penalty; imposing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. EARLY VOTING AND POLLING PLACES | ||
SECTION 1.01. Section 11.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as | ||
otherwise provided by this code, a person may vote only in the | ||
election precinct in which the person resides. | ||
(b) A person commits an offense if the person casts a vote in | ||
violation of Subsection (a). | ||
(c) An election officer commits an offense if the officer | ||
knowingly permits a person to cast a vote in violation of Subsection | ||
(a). | ||
(d) An offense under Subsection (b) or (c) is a Class A | ||
misdemeanor. | ||
SECTION 1.02. Section 62.0115(b), Election Code, is amended | ||
to read as follows: | ||
(b) Except as revised by the secretary of state under | ||
Subsection (d), the notice must state that a voter has the right to: | ||
(1) vote a ballot and view written instructions on how | ||
to cast a ballot; | ||
(2) vote in secret and free from intimidation; | ||
(3) receive up to two additional ballots if the voter | ||
mismarks, damages, or otherwise spoils a ballot; | ||
(4) request instructions on how to cast a ballot, but | ||
not to receive suggestions on how to vote; | ||
(5) bring an interpreter to translate the ballot and | ||
any instructions from election officials; | ||
(6) receive assistance in casting the ballot if the | ||
voter: | ||
(A) has a physical disability that renders the | ||
voter unable to write or see; or | ||
(B) cannot read the language in which the ballot | ||
is written; | ||
(7) cast a ballot on executing an affidavit as | ||
provided by law, if the voter's eligibility to vote is questioned; | ||
(8) report an existing or potential abuse of voting | ||
rights to the secretary of state or the local election official; and | ||
(9) [ |
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secretary of state concerning a violation of federal or state | ||
voting procedures. | ||
SECTION 1.03. Section 84.002, Election Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) An application for a ballot under this section must | ||
require the voter to affirmatively indicate the voter's ground of | ||
eligibility for early voting. | ||
(d) An application for a ballot under this section must | ||
contain: | ||
(1) a space for a person who assists the voter with the | ||
application to indicate the person's name and address; and | ||
(2) if the application was provided to the voter by a | ||
political party, a political action committee, or a candidate, the | ||
identity of the party, committee, or candidate, as appropriate. | ||
SECTION 1.04. Section 84.003(b), Election Code, is amended | ||
to read as follows: | ||
(b) A person who acts as a witness for an applicant for an | ||
early voting ballot application commits an offense if the person | ||
knowingly fails to comply with Section 1.011. A person who [ |
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completing an early voting ballot application commits an offense if | ||
the person knowingly fails to comply with Section 1.011(d) in the | ||
same manner as a witness. | ||
SECTION 1.05. Sections 85.001(a) and (c), Election Code, | ||
are amended to read as follows: | ||
(a) The period for early voting by personal appearance | ||
begins on the 10th [ |
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through the [ |
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provided by this section. | ||
(c) If the date prescribed by Subsection (a) [ |
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beginning the period is a Saturday, Sunday, or legal state holiday, | ||
the early voting period begins on the next regular business day, | ||
except as otherwise provided by Section 85.006. | ||
SECTION 1.06. Section 85.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE | ||
LOCATION. The election order and the election notice must state | ||
the location of the main early voting polling place. The election | ||
notice must state that a voter is only permitted to vote at the main | ||
early voting polling place if it is located within the voter's | ||
election precinct. | ||
SECTION 1.07. Section 85.005(d), Election Code, is amended | ||
to read as follows: | ||
(d) In an election ordered by a city, early voting by | ||
personal appearance at the main early voting polling place shall be | ||
conducted for at least 12 hours[ |
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SECTION 1.08. Sections 85.006(a), (d), and (e), Election | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), the authority | ||
ordering an election may order early voting by personal appearance | ||
at the main early voting polling place to be conducted on a Saturday | ||
or Sunday [ |
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period. | ||
(d) The authority authorized to order early voting on a | ||
Saturday or Sunday under Subsection (a) or (b) shall order the | ||
voting under the applicable subsection on receipt of a written | ||
request submitted by at least 15 registered voters of the territory | ||
covered by the election. The request must be submitted in time to | ||
enable compliance with Section 85.007. The authority [ |
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is requested. | ||
(e) In a primary election or the general election for state | ||
and county officers in a county with a population of 100,000 or | ||
more, the early voting clerk shall order personal appearance voting | ||
at the main early voting polling place to be conducted for at least | ||
12 hours on [ |
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clerk shall order voting to be conducted at those times in those | ||
elections in a county with a population under 100,000 on receipt of | ||
a written request for those hours submitted by at least 15 | ||
registered voters of the county. The request must be submitted in | ||
time to enable compliance with Section 85.007. This subsection | ||
supersedes any provision of this subchapter to the extent of any | ||
conflict. | ||
SECTION 1.09. Section 85.010(b), Election Code, is amended | ||
to read as follows: | ||
(b) A political subdivision that holds an election | ||
described by Subsection (a) shall designate as an early voting | ||
polling place for the election any early voting polling place[ |
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established by the county and located in the political subdivision. | ||
SECTION 1.10. Section 85.033, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close of | ||
early voting each day, the early voting clerk shall secure each | ||
voting machine used for early voting in the manner prescribed by the | ||
secretary of state so that its unauthorized operation is prevented. | ||
The clerk shall unsecure the machine before the beginning of early | ||
voting the following day. | ||
(b) A voting machine used for early voting may not be | ||
removed from the polling place until the polls close on election | ||
day. | ||
(c) A person commits an offense if the person violates | ||
Subsection (b). | ||
(d) An offense under this section is a state jail felony. | ||
SECTION 1.11. Section 85.061(b), Election Code, is amended | ||
to read as follows: | ||
(b) In an election in which a temporary branch polling place | ||
is established under Section 85.062(a)(1) [ |
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commissioners court may provide by resolution, order, or other | ||
official action that any one or more of the county clerk's regularly | ||
maintained branch clerical offices are not to be branch early | ||
voting polling places in the election. | ||
SECTION 1.12. Sections 85.062(a) and (b), Election Code, | ||
are amended to read as follows: | ||
(a) One [ |
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or more early voting polling places other than the main early voting | ||
polling place shall [ |
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in the territory covered by the election by: | ||
(1) the commissioners court, for an election in which | ||
the county clerk is the early voting clerk; or | ||
(2) the governing body of the political subdivision | ||
served by the authority ordering the election, for an election in | ||
which a person other than the county clerk is the early voting | ||
clerk. | ||
(b) A polling place established under this section may be | ||
located[ |
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served by the early voting clerk and may be located in any | ||
stationary structure as directed by the authority establishing the | ||
branch office. The polling place may be located in a movable | ||
structure, but the structure may not change locations during the | ||
early voting period [ |
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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. | ||
SECTION 1.13. Section 85.063, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR | ||
TEMPORARY BRANCH. Early voting by personal appearance at each | ||
permanent or temporary branch polling place shall be conducted on | ||
the same days and during the same hours as voting is conducted at | ||
the main early voting polling place. | ||
SECTION 1.14. Section 85.068(a), Election Code, is amended | ||
to read as follows: | ||
(a) The early voting clerk shall post notice for each | ||
election stating any dates and the hours that voting on Saturday or | ||
Sunday will be conducted at a temporary branch polling place [ |
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county clerk or city secretary under Section 83.002 or 83.005. | ||
SECTION 1.15. Section 86.0051(d), Election Code, is amended | ||
to read as follows: | ||
(d) An offense under this section is a [ |
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SECTION 1.16. Section 87.027(i), Election Code, is amended | ||
to read as follows: | ||
(i) The signature verification committee shall compare the | ||
signature on each carrier envelope certificate, except those signed | ||
for a voter by a witness, with the signature on the voter's ballot | ||
application to determine whether the signatures are those of the | ||
voter. The committee may also compare the signatures with any | ||
known signature [ |
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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 1.17. Sections 87.041(b), (c), (e), and (g), | ||
Election Code, are amended 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; [ |
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(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 person determining whether to accept the | ||
ballot has confirmed that the voter did not cast a ballot in person | ||
for the election. | ||
(c) If a ballot is accepted, the member of the board who | ||
accepted the ballot shall initial the carrier envelope, and the | ||
board shall enter the voter's name on the poll list unless the form | ||
of the list makes it impracticable to do so. The names of the voters | ||
casting ballots by mail shall be listed separately on the poll list | ||
from those casting ballots by personal appearance. | ||
(e) In making the determination under Subsection (b)(2), | ||
the board may also compare the signatures with any known signature | ||
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determine whether the signatures are those of the voter. | ||
(g) A person commits an offense if the person intentionally | ||
accepts a ballot for voting or causes a ballot to be accepted for | ||
voting that the person knows does not meet the requirements of | ||
Subsection (b). An offense under this subsection is a state jail | ||
felony [ |
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SECTION 1.18. Section 87.042(b), Election Code, is amended | ||
to read as follows: | ||
(b) The [ |
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shall place the ballot envelope containing an accepted ballot in a | ||
separate container from the ballot box containing the early voting | ||
ballots voted by personal appearance. | ||
SECTION 1.19. Section 87.0241, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.0241. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL | ||
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whether to accept early voting ballots voted by mail in accordance | ||
with Section 87.041 until after all ballots cast in person for the | ||
election have been counted [ |
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(b) A member of an early voting ballot board commits an | ||
offense if the person accepts an early voting ballot voted by mail | ||
in violation of Subsection (a) [ |
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(c) An offense under this section is a state jail felony | ||
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SECTION 1.20. 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 [ |
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are to be counted by the board, remove the contents from each [ |
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container, and remove any ballots enclosed in ballot envelopes from | ||
their envelopes. | ||
(c) Ballots voted by mail shall be tabulated separately from | ||
the ballots voted by personal appearance and shall be separately | ||
reported on the returns [ |
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SECTION 1.21. 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 [ |
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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 [ |
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ARTICLE 2. ELECTION DAY AND TABULATION OF RESULTS | ||
SECTION 2.01. Section 52.075, Election Code, is amended to | ||
read as follows: | ||
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING | ||
SYSTEMS. The secretary of state may prescribe the form and content | ||
of a ballot for an election using a voting system, including an | ||
electronic voting system [ |
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requirements of the system. | ||
SECTION 2.02. Section 61.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before | ||
opening the polls for voting, the presiding 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. | ||
(b) Each election judge present shall sign a tape printed | ||
under Subsection (a). Any watcher present may sign a tape printed | ||
under Subsection (a). | ||
(c) A presiding election judge commits an offense if the | ||
judge fails to comply with Subsection (a). An offense under this | ||
section is a state jail felony. | ||
(d) At the official time for opening the polls for voting, | ||
an election officer shall open the polling place entrance and admit | ||
the voters. | ||
SECTION 2.03. Section 63.001, Election Code, is amended by | ||
adding Subsection (c-2) to read as follows: | ||
(c-2) If the list of registered voters for the precinct | ||
required under Subsection (c) is electronic, a paper copy must be | ||
kept at the polling place and must be used to accept voters if the | ||
electronic copy malfunctions. | ||
SECTION 2.04. Section 64.036, Election Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (e) to read | ||
as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) provides assistance to a voter who is not eligible | ||
for assistance; | ||
(2) while assisting a voter prepares the voter's | ||
ballot in a way other than the way the voter directs or without | ||
direction from the voter; | ||
(3) while assisting a voter suggests by word, sign, or | ||
gesture how the voter should vote; or | ||
(4) provides assistance, or offers to provide | ||
assistance, to a voter who has not requested assistance, indicated | ||
that the person is eligible for assistance, or selected the person | ||
to assist the voter. | ||
(d) Except as provided by Subsection (e), an [ |
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under this section is a Class A misdemeanor. | ||
(e) An offense under Subsection (a)(2) is a state jail | ||
felony, except that the offense is a felony of the third degree if: | ||
(1) the voter assisted was 65 years of age or older at | ||
the time of the offense; | ||
(2) the actor assisted more than one voter in | ||
violation of that subsection; or | ||
(3) the actor has previously been convicted of an | ||
offense under this code. | ||
SECTION 2.05. Section 65.014, Election Code, is amended by | ||
amending Subsection (c) and adding Subsections (c-1) and (c-2) to | ||
read as follows: | ||
(c) The returns shall be prepared as an original and four | ||
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shall sign each one to certify its accuracy. Any watcher present at | ||
the polling place must be allowed to inspect and sign each copy of | ||
the returns, and may request an additional copy to be printed for | ||
the watcher's records. The requirements of this subsection must be | ||
completed before any voting system equipment is removed from the | ||
polling place. | ||
(c-1) The presiding judge shall publicly post at the polling | ||
place one of the copies printed under Subsection (c) before the | ||
presiding judge leaves the premises. | ||
(c-2) A presiding judge commits an offense if the judge | ||
fails to comply with Subsection (c) or (c-1). An offense under this | ||
subsection is a state jail felony. | ||
SECTION 2.06. Subchapter A, Chapter 65, Election Code, is | ||
amended by adding Section 65.016 to read as follows: | ||
Sec. 65.016. DELIBERATELY NOT COUNTING VALID VOTE: OFFENSE. | ||
(a) Any person who knowingly causes a legally cast vote not to be | ||
counted in the manner voted by the voter commits an offense. | ||
(b) An offense under this section is a felony of the third | ||
degree. | ||
SECTION 2.07. Section 122.001, Election Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) Effective September 1, 2023, a voting system may not | ||
be used in an election if the voting system does not use a paper | ||
record or produce a paper receipt that can be used to verify the | ||
tabulation of electronic voting system results. | ||
SECTION 2.08. Subchapter A, Chapter 122, Election Code, is | ||
amended by adding Section 122.0031 to read as follows: | ||
Sec. 122.0031. UNIFORM PROCEDURES FOR CERTAIN VOTING | ||
SYSTEMS. (a) This section applies to an election in which a voting | ||
system described by Section 122.001(d-1) is used. | ||
(b) Not later than the 90th day before an election to which | ||
this section applies, the secretary of state shall adopt uniform | ||
procedures for the numbering of ballots in the election and the | ||
accountability of ballots. | ||
SECTION 2.09. Subchapter A, Chapter 123, Election Code, is | ||
amended by adding Section 123.010 to read as follows: | ||
Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM | ||
PROHIBITED. Except as necessary to comply with Section 61.012, an | ||
authority may not adopt a voting system that uses direct recording | ||
electronic voting machines. | ||
SECTION 2.10. Section 127.007, Election Code, is amended by | ||
adding Subsections (d), (e), and (f) to read as follows: | ||
(d) The plan required under this section must specify that | ||
no document may be removed from the central counting room until | ||
after the count is completed. | ||
(e) A central counting station manager commits an offense if | ||
the manager knowingly permits a person to remove a document from the | ||
central counting room in violation of Subsection (d). | ||
(f) An offense under Subsection (e) is a state jail felony. | ||
SECTION 2.11. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Sections 127.008, 127.009, and 127.010 to read as | ||
follows: | ||
Sec. 127.008. 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 no | ||
electronic device capable of being connected to the Internet is | ||
permitted inside a central counting station other than the | ||
equipment necessary to count votes. | ||
(b) Any equipment necessary to count votes may not be | ||
connected to the Internet or any other computer network while | ||
inside the central counting station. | ||
(c) Notwithstanding Subsection (a), a person performing | ||
requested repairs or maintenance of equipment at a central counting | ||
station in accordance with this title may, as necessary, enter the | ||
central counting station with an electronic device capable of being | ||
connected to the Internet. After performing the requested repairs | ||
or maintenance, the person shall, not later than the third business | ||
day after the date the person entered the counting station, file an | ||
exception report with the secretary of state in a form adopted by | ||
the secretary for that purpose. | ||
(d) An exception report filed under Subsection (c) must | ||
detail the purpose for the action, the time spent by the person in | ||
the central counting station, and any other information requested | ||
by the secretary of state. | ||
(e) A counting station manager or presiding judge of a | ||
counting station commits an offense if the manager or judge | ||
knowingly permits an electronic device to enter the central | ||
counting station in violation of this section. | ||
(f) A person required to file an exception report with the | ||
secretary of state under Subsection (c) commits an offense if the | ||
person fails to file the report in accordance with that subsection. | ||
(g) An offense under Subsection (e) or (f) is a state jail | ||
felony. | ||
Sec. 127.009. SETUP OF CENTRAL COUNTING STATION IN ELECTION | ||
USING HYBRID VOTING SYSTEMS. (a) This section applies to a central | ||
counting station that counts votes in an election using a voting | ||
system that produces both an electronic system ballot and a paper | ||
record or receipt. | ||
(b) A counting station manager shall ensure that the | ||
electronic system ballots and paper records or receipts are to be | ||
counted in separate rooms at the central counting station. | ||
(c) A counting station manager commits an offense if the | ||
manager knowingly permits a violation of Subsection (b). | ||
(d) An offense under Subsection (c) is a state jail felony. | ||
Sec. 127.010. WATCHERS IN CENTRAL COUNTING STATION. (a) A | ||
watcher must be permitted to directly observe any official activity | ||
taking place in a central counting station. | ||
(b) A counting station manager or presiding judge of a | ||
central counting station commits an offense if the manager or judge | ||
prevents a watcher from directly observing any activity the watcher | ||
is permitted to observe under this section. | ||
(c) An offense under Subsection (b) is a state jail felony. | ||
SECTION 2.12. Subchapter C, Chapter 127, Election Code, is | ||
amended by adding Section 127.062 to read as follows: | ||
Sec. 127.062. SEALED BALLOT BOXES FOR HYBRID VOTING SYSTEM. | ||
(a) This section applies to an election where a voting system is | ||
used that produces both an electronic system ballot and a paper | ||
record or receipt. | ||
(b) All provisions of this subchapter that apply to an | ||
electronic system ballot also apply to the paper record or receipt | ||
generated by a voting system. | ||
SECTION 2.13. Section 127.066, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Accommodations shall be made by the presiding judge to | ||
allow a representative from each of the two political parties | ||
receiving the greatest number of votes in the most recent | ||
gubernatorial election to accompany the election officers under | ||
Subsection (c). | ||
SECTION 2.14. Section 127.201, Election Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (h), (i), | ||
and (j) to read as follows: | ||
(a) To ensure the accuracy of the tabulation of electronic | ||
voting system results, the general custodian of election records | ||
shall conduct a manual count of all the races in at least one | ||
percent of the election precincts or in the five largest precincts | ||
plus three precincts, whichever is greater, in which the electronic | ||
voting system was used. The custodian shall publicly select the | ||
final three precincts at random and shall begin the count not later | ||
than 72 hours after the polls close. The count shall be completed | ||
not later than the 21st day after election day. Subsection (b) | ||
supersedes this subsection to the extent of a conflict. | ||
(b) In a general election for state and county officers, | ||
primary election, or election on a proposed amendment to the state | ||
constitution or other statewide measure submitted by the | ||
legislature, the secretary of state shall publicly select, in | ||
accordance with rules adopted by the secretary, the precincts to be | ||
counted under Subsection (a). The secretary shall designate not | ||
more than three offices and not more than three propositions to be | ||
counted in the selected precincts. The secretary shall notify the | ||
general custodian of election records of the precincts, offices, | ||
and propositions selected under this subsection not earlier than | ||
the day after election day. | ||
(h) A general custodian of election records commits an | ||
offense if the custodian fails to complete a manual count as | ||
required under Subsection (a) or (b). | ||
(i) An offense under this section is a state jail felony. | ||
(j) It is an affirmative defense to an offense under this | ||
section that the custodian failed to timely complete a manual count | ||
required under Subsection (b) because the secretary of state failed | ||
to notify the custodian of the precincts, offices, and propositions | ||
selected under that subsection by the specified time. | ||
SECTION 2.15. Section 128.001, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The secretary of state shall compile the procedures | ||
adopted under this section for voting and for reconciliation of | ||
votes cast using computerized voting systems into a list. The list | ||
of procedures must apply uniformly across the state. | ||
SECTION 2.16. Section 212.022, Election Code, is amended to | ||
read as follows: | ||
Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON | ||
OFFICE. (a) Except as provided by Section 212.0241, a candidate for | ||
nomination or election to an office may obtain an initial recount in | ||
an election in which the person was a candidate if: | ||
(1) the difference in the number of votes received by | ||
the candidate and any candidate for the office who is shown by the | ||
election returns to be nominated, elected, or entitled to a place on | ||
a runoff ballot or tied for nomination, election, or entitlement to | ||
a place on a runoff ballot is less than 10 percent of that | ||
candidate's number of votes; | ||
(2) the candidate is shown by the election returns to | ||
be entitled to a place on a runoff ballot or tied for nomination, | ||
election, or entitlement to a place on a runoff ballot; | ||
(3) the secretary of state certifies that counting | ||
errors affecting the election occurred in one or more election | ||
precincts in which paper ballots were used, as provided by Section | ||
212.034; or | ||
(4) the total number of votes received by all | ||
candidates for the office is less than 1,000 as shown by the | ||
election returns. | ||
(b) The following persons may also obtain an initial recount | ||
in an election on an office: | ||
(1) a political party whose nominee sought the office; | ||
(2) a political committee; or | ||
(3) any 30 or more persons, acting jointly, who were | ||
eligible to vote in the election. | ||
SECTION 2.17. Section 212.023(b), Election Code, is amended | ||
to read as follows: | ||
(b) The following persons may obtain an initial recount in a | ||
presidential general election: | ||
(1) a presidential candidate whose name appeared on | ||
the ballot in this state or who had qualified as a write-in | ||
candidate in this state; | ||
(2) one or more presidential elector candidates | ||
corresponding to a presidential candidate described by Subdivision | ||
(1), acting jointly; [ |
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(3) a presidential candidate described by Subdivision | ||
(1) and one or more corresponding elector candidates, acting | ||
jointly; | ||
(4) any political party whose nominee appeared on the | ||
ballot in this state; or | ||
(5) any 30 or more persons, acting jointly, who were | ||
eligible to vote in the election. | ||
SECTION 2.18. Section 212.0231, Election Code, is amended | ||
to read as follows: | ||
Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL | ||
PRIMARY ELECTION. Except as provided by Section 212.0241, in a | ||
presidential primary election, a candidate in the election, a party | ||
holding a primary election in this state, or any 25 or more persons | ||
who were eligible to vote in the election acting jointly on behalf | ||
of an uncommitted delegation, may obtain an initial recount in the | ||
election if: | ||
(1) the difference in the number of votes received by | ||
the candidate or uncommitted status and any candidate or | ||
uncommitted status shown by the election returns to be entitled to | ||
delegate representation at the political party's national | ||
presidential nominating convention is less than 10 percent of the | ||
number of votes received by the latter candidate or the uncommitted | ||
status; or | ||
(2) the secretary of state certifies that counting | ||
errors affecting the election occurred in one or more election | ||
precincts in which paper ballots were used, as provided by Section | ||
212.034. | ||
SECTION 2.19. Section 212.024(b), Election Code, is amended | ||
to read as follows: | ||
(b) The following persons may obtain an initial recount in | ||
an election on a measure: | ||
(1) the campaign treasurer of a specific-purpose | ||
political committee that was involved in the election; [ |
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(2) any 25 or more persons, acting jointly, who were | ||
eligible to vote in the election; or | ||
(3) any political party with a state executive | ||
committee. | ||
SECTION 2.20. Section 216.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to: | ||
(1) an election that results in a tie vote as provided | ||
by Sections 2.002(i), 2.023(b) and (c), and 2.028; or | ||
(2) a precinct described by Section 216.006. | ||
SECTION 2.21. Chapter 216, Election Code, is amended by | ||
adding Section 216.006 to read as follows: | ||
Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This | ||
section applies to a precinct that has completed a vote count under | ||
Chapter 65 in which the total number of ballots counted differs by | ||
at least 0.5 percent from the number of people who signed the | ||
precinct's signature roster under Section 63.002. | ||
(b) The presiding judge of a precinct described by | ||
Subsection (a) shall conduct a recount under this chapter. | ||
(c) A person commits an offense if the person canvasses a | ||
precinct's returns prior to the completion of a recount required by | ||
this section. An offense under this subsection is a Class A | ||
misdemeanor. | ||
ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION | ||
SECTION 3.01. Chapter 1, Election Code, is amended by | ||
adding Section 1.021 to read as follows: | ||
Sec. 1.021. INFORMATION SHARING FOR PROSECUTION OF OFFENSE | ||
UNDER THIS CODE. Upon request from an attorney prosecuting an | ||
offense under this code, the secretary of state or Department of | ||
Public Safety, as applicable, shall provide the prosecuting | ||
attorney with information relevant to the investigation. | ||
SECTION 3.02. Sections 13.002(a) and (c), Election Code, | ||
are amended to read as follows: | ||
(a) A person desiring to register to vote must submit an | ||
application to the registrar of the county in which the person | ||
resides. Except as provided by Subsection (e), an application must | ||
be submitted by personal delivery, by mail, or by telephonic | ||
facsimile machine in accordance with Section 13.143(d-2) [ |
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(c) A registration application must include: | ||
(1) the applicant's first name, middle name, if any, | ||
last name, and former name, if any; | ||
(2) the month, day, and year of the applicant's birth; | ||
(3) a statement that the applicant is a United States | ||
citizen; | ||
(4) a statement that the applicant is a resident of the | ||
county; | ||
(5) a statement that the applicant has not been | ||
determined by a final judgment of a court exercising probate | ||
jurisdiction to be: | ||
(A) totally mentally incapacitated; or | ||
(B) partially mentally incapacitated without the | ||
right to vote; | ||
(6) a statement that the applicant has not been | ||
finally convicted of a felony or that the applicant is a felon | ||
eligible for registration under Section 13.001; | ||
(7) the applicant's residence address or, if the | ||
residence has no address, the address at which the applicant | ||
receives mail and a concise description of the location of the | ||
applicant's residence; | ||
(8) the following information: | ||
(A) the applicant's Texas driver's license number | ||
or the number of a personal identification card issued by the | ||
Department of Public Safety, or a statement by the applicant that | ||
the applicant has not been issued a number described by this | ||
paragraph; and | ||
(B) [ |
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applicant's social security number,[ |
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[ |
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applicant has not been issued a number described by this paragraph | ||
[ |
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(9) if the application is made by an agent, a statement | ||
of the agent's relationship to the applicant; and | ||
(10) the city and county in which the applicant | ||
formerly resided. | ||
SECTION 3.03. Section 13.046(f), Election Code, is amended | ||
to read as follows: | ||
(f) Except as provided by this subsection, Sections | ||
13.039[ |
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of registration applications under this section, and for that | ||
purpose, "volunteer deputy registrar" in those sections includes a | ||
high school deputy registrar. A high school deputy registrar may | ||
review an application for completeness out of the applicant's | ||
presence. A deputy may deliver a group of applications to the | ||
registrar by mail in an envelope or package, and, for the purpose of | ||
determining compliance with the delivery deadline, an application | ||
delivered by mail is considered to be delivered at the time of its | ||
receipt by the registrar. | ||
SECTION 3.04. Section 13.071, Election Code, is amended to | ||
read as follows: | ||
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar | ||
shall review each submitted application for registration to | ||
determine whether it complies with Section 13.002 and indicates | ||
that the applicant is a United States citizen eligible for | ||
registration. | ||
(b) If the application is submitted to the Department of | ||
Public Safety in person with the proof of citizenship required by | ||
Section 20.063(e), the [ |
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not later than the seventh day after the date the application is | ||
submitted to the registrar. | ||
(c) If the application is submitted in a manner other than | ||
the manner described by Subsection (b), the registrar shall forward | ||
the information relating to the applicant to the secretary of state | ||
for determining citizenship as provided by Section 13.0721. | ||
SECTION 3.05. Subchapter C, Chapter 13, Election Code, is | ||
amended by adding Section 13.0721 to read as follows: | ||
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This | ||
section does not apply to an application for registration submitted | ||
to the Department of Public Safety in person with the proof of | ||
citizenship required by Section 20.063(e). | ||
(b) The secretary of state shall verify with the Department | ||
of Public Safety the citizenship status of each applicant for voter | ||
registration whose information is forwarded to the secretary of | ||
state as provided by Section 13.071(c). If the department verifies | ||
the applicant's citizenship status, the secretary of state shall | ||
notify the registrar. If the department does not have information | ||
regarding the citizenship status of the applicant or has | ||
information indicating that the applicant is not a citizen, the | ||
registrar and the applicant shall be notified as provided by | ||
secretary of state rule. | ||
(c) An applicant for voter registration who receives notice | ||
under Subsection (b) must provide proof of citizenship to the | ||
registrar not later than the 60th day after the date of receipt. | ||
Except as provided by Subsection (d), this proof must be presented | ||
in person. The following is acceptable as proof of citizenship | ||
under this section: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity, presented with | ||
a government-issued identification that contains the person's | ||
photograph; or | ||
(3) United States citizenship papers issued to the | ||
person, presented with a government-issued identification that | ||
contains the person's photograph. | ||
(d) An applicant may mail a certified copy of a document | ||
described by Subsection (c)(2) or (3) with a copy of the person's | ||
government-issued photo identification to the registrar. | ||
(e) If an applicant does not provide proof of citizenship as | ||
required, the registrar shall reject the application and notify the | ||
secretary of state. The secretary of state shall keep a list of | ||
applicants for which the secretary receives notice under this | ||
section. | ||
(f) The secretary of state shall adopt rules and prescribe | ||
procedures to implement this section. | ||
SECTION 3.06. Section 13.143(a), Election Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection [ |
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registration becomes effective on the 30th day after the date the | ||
application is approved [ |
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the applicant becomes 18 years of age, whichever is later. | ||
SECTION 3.07. Section 16.031(a), Election Code, is amended | ||
to read as follows: | ||
(a) The registrar shall cancel a voter's registration | ||
immediately on receipt of: | ||
(1) notice under Section 13.072(b) or 15.021 or a | ||
response under Section 15.053 that the voter's residence is outside | ||
the county; | ||
(2) an abstract of the voter's death certificate under | ||
Section 16.001(a) or an abstract of an application indicating that | ||
the voter is deceased under Section 16.001(b); | ||
(3) an abstract of a final judgment of the voter's | ||
total mental incapacity, partial mental incapacity without the | ||
right to vote, conviction of a felony, or disqualification under | ||
Section 16.002, 16.003, or 16.004; | ||
(4) notice under Section 112.012 that the voter has | ||
applied for a limited ballot in another county; | ||
(5) notice from a voter registration official in | ||
another state that the voter has registered to vote outside this | ||
state; | ||
(6) notice from the early voting clerk under Section | ||
101.053 that a federal postcard application submitted by an | ||
applicant states a voting residence address located outside the | ||
registrar's county; [ |
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(7) notice from the secretary of state that the voter | ||
has registered to vote in another county, as determined by the | ||
voter's driver's license number or personal identification card | ||
number issued by the Department of Public Safety or social security | ||
number; or | ||
(8) a list under Section 18.068 of this code or Section | ||
62.113, Government Code, of persons excused or disqualified from | ||
jury service because of citizenship status that includes the voter, | ||
or notice from any governmental agency that the voter has | ||
acknowledged that the voter is not a citizen of the United States. | ||
SECTION 3.08. Section 16.036(a), Election Code, is amended | ||
to read as follows: | ||
(a) Immediately after, but not later than the 30th day after | ||
the date a voter's registration is canceled under Section | ||
16.031(a)(3) or (8), 16.033, or 16.0331, [ |
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registrar shall deliver written notice of the cancellation to the | ||
voter. | ||
SECTION 3.09. Section 18.062(a), Election Code, is amended | ||
to read as follows: | ||
Sec. 18.062. INTERSTATE VOTER REGISTRATION CROSSCHECK | ||
PROGRAM. (a) To maintain the statewide voter registration list | ||
and to prevent duplication of registration in more than one state or | ||
jurisdiction, the secretary of state shall cooperate with other | ||
states and jurisdictions to develop systems to compare, on at least | ||
a monthly basis, voters, voter history, and voter registration | ||
lists to identify voters whose addresses have changed. | ||
SECTION 3.10. Section 18.065, Election Code, is amended by | ||
adding Subsections (e), (f), and (g) to read as follows: | ||
(e) If a registrar fails to correct a violation within 30 | ||
days of a notice under Subsection (b), the secretary of state shall | ||
correct the violation on behalf of the registrar. | ||
(f) A registrar is liable to this state for a civil penalty | ||
of $50 for each violation corrected by the secretary of state under | ||
Subsection (e). The attorney general may bring an action to recover | ||
a civil penalty imposed under this section. | ||
(g) A civil penalty collected by the attorney general under | ||
this section shall be deposited in the state treasury to the credit | ||
of the general revenue fund. | ||
SECTION 3.11. Section 18.068, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
INELIGIBILITY. (a) The secretary of state shall quarterly compare | ||
the information received under Section 16.001 of this code and | ||
Section 62.113, Government Code, to the statewide computerized | ||
voter registration list. | ||
(a-1) The secretary of state shall enter into an agreement | ||
with the Department of Public Safety under which information in the | ||
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 information provided on | ||
voter registration applications. The Department of Public Safety | ||
shall use any available information under the federal REAL ID | ||
program to assist the secretary under this subsection. The | ||
information compared must include, at a minimum, a voter's: | ||
(1) full legal name; | ||
(2) former name, if applicable; | ||
(3) date of birth; | ||
(4) residence address; | ||
(5) driver's license or state identification card | ||
number; | ||
(6) signature; | ||
(7) social security number; | ||
(8) documentation of lawful presence in this state; | ||
and | ||
(9) citizenship status. | ||
(a-2) If the secretary of state determines from information | ||
received under Subsection (a) or (a-1) that a voter on the | ||
registration list may be ineligible to vote [ |
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(1) the voter registrar of the counties considered | ||
appropriate by the secretary; and | ||
(2) if appropriate, the attorney general. | ||
(b) The secretary of state shall by rule determine what | ||
information combinations identified as common to a voter and to an | ||
individual who is deceased or ineligible to vote constitute a weak | ||
match or a strong match in order to: | ||
(1) produce the least possible impact on Texas voters; | ||
and | ||
(2) fulfill its responsibility to manage the voter | ||
rolls. | ||
(c) The secretary of state may not determine that a voter is | ||
deceased or ineligible to vote based on a weak match. The | ||
secretary of state may inform the county of the voter's residence | ||
that a weak match exists. | ||
(d) On receiving notification from the secretary of state | ||
under Subsection (c) that a weak match of identifying information | ||
exists for a county voter and an individual who is deceased or | ||
ineligible to vote, the county shall investigate whether the voter | ||
is that [ |
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(e) The secretary of state may determine that a voter is | ||
deceased or ineligible to vote based on a strong match. | ||
(f) The secretary of state may obtain, for purposes of | ||
determining whether a voter is deceased or ineligible to vote, | ||
information from other state agency databases relating to a voter | ||
that is the same type of information that the secretary of state or | ||
a voter registrar collects or stores for voter registration | ||
purposes. | ||
SECTION 3.12. Section 19.001(a), Election Code, is amended | ||
to read as follows: | ||
(a) Before May 15 of each year, the registrar shall prepare | ||
and submit to the secretary of state a statement containing: | ||
(1) the total number of initial registrations for the | ||
previous voting year; | ||
(2) the total number of registrations canceled under | ||
Sections 16.031(a)(1) and (8) and Section [ |
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for the previous voting year; and | ||
(3) the total number of registrations for which | ||
information was updated for the previous voting year. | ||
SECTION 3.13. Section 20.063, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who submits a voter registration application to | ||
the department in person shall at the time of submission present as | ||
proof of citizenship: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity; or | ||
(3) United States citizenship papers issued to the | ||
person. | ||
SECTION 3.14. Section 273.001, Election Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) The county or district attorney having jurisdiction | ||
or the attorney general may investigate on receipt of an affidavit | ||
alleging a violation of one of the following provisions of this | ||
code: | ||
(1) Section 13.007; | ||
(2) Section 64.012; | ||
(3) Section 64.036; | ||
(4) Section 84.003; | ||
(5) Section 84.0041; | ||
(6) Section 86.0051; | ||
(7) Section 86.006; | ||
(8) Section 86.010; or | ||
(9) Section 276.013. | ||
SECTION 3.15. Sections 62.113(b) and (c), Government Code, | ||
are 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 county official responsible for administering | ||
elections; | ||
(3) the secretary of state; and | ||
(4) [ |
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applicable, for an investigation of whether the person committed an | ||
offense under Section 13.007 or 64.012, Election Code, or other | ||
law. | ||
(c) A list compiled under this section may not be used for a | ||
purpose other than a purpose described by Subsection (b) or Section | ||
16.031(a)(8) [ |
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SECTION 3.16. The changes in law made by this article apply | ||
only to an application to register to vote submitted on or after the | ||
effective date of this Act. | ||
ARTICLE 4. PUBLIC INFORMATION | ||
SECTION 4.01. Section 1.012, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Subject to Subsections [ |
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election record that is public information shall be made available | ||
to the public for free inspection and copying during the regular | ||
business hours of the record's custodian. | ||
(b-1) The custodian may adopt a reasonable fee for a person | ||
to copy an application for an early voting ballot by mail or a | ||
carrier envelope. | ||
SECTION 4.02. Section 18.069, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.069. VOTING HISTORY. (a) The [ |
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registrar shall electronically submit to the secretary of state the | ||
record of each voter participating in a primary, runoff primary, | ||
general election, or any special election ordered by the governor | ||
not later than the day the voter votes in person or the early voting | ||
clerk receives a ballot voted by mail [ |
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(b) The record must include a notation of whether the voter | ||
voted on election day, voted early by personal appearance, voted | ||
early by mail under Chapter 86, or voted early by mail under Chapter | ||
101. | ||
SECTION 4.03. Section 68.005, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) The final report may include: | ||
(1) the information described by Section 68.004(b); | ||
(2) vote totals by county and precinct for all races | ||
being tabulated; and | ||
(3) vote totals for federal offices and statewide | ||
offices of the state government in a minimum of eight regions | ||
designated by the secretary on the basis of the geographic scope of | ||
the electronic media markets. | ||
(b-1) All data in the final report must be disaggregated by, | ||
at a minimum, the following methods: | ||
(1) method of voting; | ||
(2) ballot style, including paper, electronic, and | ||
hybrid style ballots; and | ||
(3) whether the ballot was undervoted or overvoted, if | ||
applicable. | ||
SECTION 4.04. Section 87.121, Election Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) The secretary of state shall make any early voting | ||
roster created under this section available to the public on the | ||
secretary's Internet website. | ||
SECTION 4.05. Subchapter B, Chapter 123, Election Code, is | ||
amended by adding Section 123.037 to read as follows: | ||
Sec. 123.037. PUBLIC INFORMATION. Any correspondence | ||
between a political subdivision of this state and a vendor or | ||
manufacturer of voting systems or voting system equipment is public | ||
information. | ||
ARTICLE 5. REPEALER, TRANSITION, AND EFFECTIVE DATE | ||
Section 5.01. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 13.041; | ||
(2) Sections 13.143(d) and (e); | ||
(3) Section 16.0332; | ||
(4) Section 32.002(c-1); | ||
(5) Section 43.004(c); | ||
(6) Section 43.007; | ||
(7) Section 66.058(g); | ||
(8) Sections 85.001(b) and (e); | ||
(9) Section 85.003; | ||
(10) Sections 85.062(d) and (e); | ||
(11) Section 85.064; | ||
(12) Section 85.065; | ||
(13) Section 85.066; | ||
(14) Section 87.042(c); | ||
(15) Sections 127.201(f) and (g); | ||
(16) Chapter 129; and | ||
(17) Section 213.016. | ||
SECTION 5.02. Section 33.05, Penal Code, is repealed. | ||
SECTION 5.03. The changes in law made by this Act in | ||
repealing or amending the punishments for existing criminal | ||
offenses 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 on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 5.04. This Act takes effect September 1, 2019. |