Bill Text: TX SB1602 | 2019-2020 | 86th Legislature | Introduced

---

Bill Title: Relating to election integrity; creating criminal offenses; imposing a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1602 Detail]

Download: Texas-2019-SB1602-Introduced.html

---

86R12855 ADM-D
By: Hall S.B. No. 1602

A BILL TO BE ENTITLED
AN ACT
relating to election integrity; creating criminal offenses;
imposing a civil penalty.
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) [except as provided by Section 85.066(b), Election
Code, vote at any early voting location in the county in which the
voter resides in an election held at county expense, a primary
election, or a special election ordered by the governor; and
[(10)] file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures.
SECTION 1.03. 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 [17th] day before election day and continues
through the [fourth] day before election day, except as otherwise
provided by this section.
(c) If the date prescribed by Subsection (a) [or (b)] for
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 1.04. 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 1.05. 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[:
[(1)] on one weekday[, if the early voting period
consists of less than six weekdays; or
[(2) on two weekdays, if the early voting period
consists of six or more weekdays].
SECTION 1.06. 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 [one or more Saturdays or Sundays] during the early voting
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 [is not
required to order the voting on a particular date specified by the
request but] shall order the voting on [at least one] Saturday if
[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
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 [the last] Saturday and for at least five hours on [the
last] Sunday during [of] the early voting period. The early voting
clerk shall order voting to be conducted at those times in those
elections in a county with a population under 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 1.07. 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[,
other than a polling place established under Section 85.062(e),]
established by the county and located in the political subdivision.
SECTION 1.08. 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 1.09. 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) [or (d)], the
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 1.10. Sections 85.062(a) and (b), Election Code,
are amended to read as follows:
(a) One [Except as provided by Subsection (d) or (e), one]
or more early voting polling places other than the main early voting
polling place shall [may] be established in each election precinct
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[, subject to Subsection (d),] at any place in the territory
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 [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.
SECTION 1.11. 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 1.12. 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 [under
Section 85.064(d) or 85.065(b)], if the early voting clerk is a
county clerk or city secretary under Section 83.002 or 83.005.
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 [or a voting system that uses direct
recording electronic voting machines], to conform to the formatting
requirements of the system.
SECTION 2.02. 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 2.03. 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 2.04. 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 2.05. 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 2.06. 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.
ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION
SECTION 3.01. 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 [The] registrar shall make the determination
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 3.02. 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 3.03. Section 13.143(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
SECTION 3.04. 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; [or]
(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 3.05. 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, [or 16.0332,] the
registrar shall deliver written notice of the cancellation to the
voter.
SECTION 3.06. 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 3.07. 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 [is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen], the secretary shall send notice of the determination to:
(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 [the] individual [who is deceased].
(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 3.08. 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 [,] 16.033[, and 16.0332]
for the previous voting year; and
(3) the total number of registrations for which
information was updated for the previous voting year.
SECTION 3.09. 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.
ARTICLE 4. REPEALER, TRANSITION, AND EFFECTIVE DATE
Section 4.01. 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) Sections 85.001(b) and (e);
(5) Section 85.003;
(6) Sections 85.062(d) and (e);
(7) Section 85.064;
(8) Section 85.065;
(9) Section 85.066;
(10) Chapter 129; and
(11) Section 213.016.
SECTION 4.02. Section 33.05, Penal Code, is repealed.
SECTION 4.03. The changes in law made by this Act in
repealing 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 4.04. This Act takes effect September 1, 2019.