Bill Text: TX SB1607 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to elections; creating criminal offenses; providing a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1607 Detail]

Download: Texas-2021-SB1607-Introduced.html

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87R7189 ADM-D
By: Hall S.B. No. 1607

A BILL TO BE ENTITLED
AN ACT
relating to elections; creating criminal offenses; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to
read as follows:
(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 and the applicant's social security
number;
(B) if the applicant has not been issued one of
the numbers [a number] described by Paragraph (A), the number
described by Paragraph (A) that the applicant has been issued and a
statement by the applicant that the applicant has not been issued
the other number [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)];
(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; and
(11) a list of all counties in this state in which the
applicant is or has been registered to vote.
SECTION 2. Section 13.004, Election Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) The registrar shall furnish a copy of a list of voters
registered in the county to any person requesting it or shall
furnish that portion of the list requested. A list or portion of a
list provided under this subsection may not include information
made confidential under Subsection (c) or other law.
(g) The registrar may not charge a fee for providing a list
or portion of a list under Subsection (f).
SECTION 3. 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 4. Section 13.072, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(e) to read as follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; [and]
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; [or]
(B) the [last four digits of the] applicant's
social security number; or
(C) both the numbers described by Paragraphs (A)
and (B), if provided by the applicant;
(3) the registrar determines that the residence
address or residence description provided by the applicant under
Section 13.002(c)(7):
(A) corresponds to a house, apartment building,
lodging house, boarding house, dormitory, residence hall, group
home, residential treatment center, nursing home, nursing or
long-term care facility, correctional facility, dormitory or
residence hall, shelter, or any other location at which a person
could reasonably reside; and
(B) has not been used as a residence address or
description by a number of applicants for voter registration
greater than the number of people that could reasonably reside at
the address; and
(4) the registrar verifies the applicant's signature
by comparing it with any signature of the voter obtained from the
Department of Public Safety.
(a-1) A voter registrar shall enter into an agreement with
the Department of Public Safety under which a signature in the
database of the Department of Public Safety is provided to the
registrar if it is a signature of a person over the age of 18 who
resides in the county.
(a-2) Before approving an application by an applicant who
has indicated that they are or have been registered in another
county under Section 13.002(c)(11), the registrar shall obtain from
the other county's registrar any information or documentation
relating to the applicant in the possession of the other county's
registrar.
(e) If the registrar is unable to make a determination
regarding the residence address or description provided by the
applicant under Subsection (a)(3), the registrar shall challenge
the applicant under Section 13.074.
SECTION 5. 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 cancel the registration and notify
the secretary of state. The secretary of state shall keep a list of
applicants of whom the secretary receives notice under this
section.
(f) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 6. Section 15.021, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) If the registrar receives a notification from the
Department of Public Safety under Section 521.054(e),
Transportation Code, that a voter registered in the registrar's
county has changed the voter's address, the registrar shall
consider the notification a notice submitted under Subsection (a).
SECTION 7. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The registrar may not charge a fee for a [each] list or
portion of a list furnished under this section [may not exceed the
actual expense incurred in reproducing the list or portion for the
person requesting it and shall be uniform for each type of copy
furnished. The registrar shall make reasonable efforts to minimize
the reproduction expenses].
SECTION 8. Section 15.084(b), Election Code, is amended to
read as follows:
(b) The secretary of state may not charge a fee for a [each]
list or portion of a list furnished under this section [may not
exceed the actual expense incurred in reproducing the list or
portion for the person requesting it and shall be uniform for each
type of copy furnished].
SECTION 9. Subchapter A, Chapter 16, Election Code, is
amended by adding Section 16.0035 to read as follows:
Sec. 16.0035. TAX RECORD AUDIT. (a) Once per year, the
county tax assessor-collector shall audit the county's tax records
to determine if the records indicate that a person 18 years or older
who has resided in the county in the previous year has died, is no
longer a resident of the county, is not a citizen of the United
States, or is otherwise ineligible to vote.
(b) The tax assessor-collector shall forward the records
described by Subsection (a) to the registrar for cancellation
following investigation under Section 16.033.
SECTION 10. Section 16.033(b), Election Code, is amended to
read as follows:
(b) If the registrar receives a record under Section 16.0035
or otherwise has reason to believe that a voter is no longer
eligible for registration, the registrar shall deliver written
notice to the voter indicating that the voter's registration status
is being investigated by the registrar. 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. If the secretary of state has adopted or
recommended a form for a written notice under this section, the
registrar must use that form.
SECTION 11. Section 16.0332(a), Election Code, is amended
to read as follows:
(a) After the registrar receives a list under Section 18.068
of this code or Section 62.113, Government Code, of persons excused
or disqualified from jury service or otherwise determined to be
ineligible to vote because of citizenship status, 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.
SECTION 12. Section 18.005, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, date of birth, and
registration number as provided by the statewide computerized voter
registration list;
(2) contain the voter's residence address, except as
provided by Subsections (b) and (c) or Section 18.0051;
(3) be arranged alphabetically by voter name; [and]
(4) contain the notation required by Section 15.111;
and
(5) contain the voter's photograph if provided to the
registrar under an agreement made under Subsection (d).
(d) A voter registrar shall enter into an agreement with the
Department of Public Safety under which a photograph in the
database of the Department of Public Safety is provided to the
registrar if the photograph is of a registered voter in the county.
SECTION 13. Section 18.061(b), Election Code, is amended to
read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; [and]
(3) be available to any election official in the state
through immediate electronic access; and
(4) be designed to integrate and interact easily with
other state computerized databases.
SECTION 14. Section 18.068, Election Code, is amended by
amending Subsections (a), (b), (c), (e), and (f) and adding
Subsections (a-1) and (a-2) to read as follows:
(a) The secretary of state shall monthly [quarterly]
compare the information received under Subchapter A, Chapter 16,
[Section 16.001] of this code and Sections [Section] 62.113 and
62.114, 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, the Texas Department of
Criminal Justice, the vital statistics unit of the Department of
State Health Services, and the Health and Human Services Commission
under which information in any database maintained by the
department, unit, or commission is provided to the secretary of
state if the information concerns a person who is at least 18 years
of age and:
(1) has indicated in connection with a service sought
by or provided to the person by the department, unit, or commission
that the person is not a citizen, has changed residence addresses,
or is otherwise ineligible to vote under Section 13.001; or
(2) for whom the department, unit, or commission has
received information indicating the person is deceased.
(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
the attorney general and the voter registrar of the counties
considered appropriate by the secretary.
(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.
(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 maintained by state
agencies not listed in Subsection (a-1) 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 15. Section 20.032, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), an [An]
appropriate agency employee shall routinely inform each person who
applies in person for agency services of the opportunity to
complete a voter registration application form and on request shall
provide nonpartisan voter registration assistance to the
applicant.
(a-1) An employee of a voter registration agency may not
offer voter registration assistance under this chapter if a person
applies for agency services using identification issued by a
foreign country.
SECTION 16. 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 17. Sections 31.014(a) and (c), Election Code, are
amended to read as follows:
(a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier;
(6) if the county [participates in the countywide
polling place program under Section 43.007 or] has more than one
early voting polling place, transmit a time stamp when each voter is
accepted, including the voter's unique identifier, to all polling
place locations;
(7) time-stamp the receipt of a transmission under
Subdivision (6); and
(8) produce in an electronic format compatible with
the statewide voter registration list under Section 18.061 data for
retention and transfer that includes:
(A) the polling location in which the device was
used;
(B) the dated time stamp under Subdivision (5);
and
(C) the dated time stamp under Subdivision (7).
(c) The secretary of state shall adopt rules that require a
device described by this section used during the early voting
period [or under the countywide polling place program under Section
43.007] to update data in real time. If a county uses a device that
does not comply with the rule in two consecutive general elections
for state and county officers, the secretary of state shall assess a
noncompliance fee. The noncompliance fee shall be set at an amount
determined by secretary of state rule.
SECTION 18. Section 32.002(c-1), Election Code, is amended
to read as follows:
(c-1) For purposes of this subsection, the county chair
shall provide a list of names of persons eligible for appointment as
election judges. [Judges of countywide polling places established
under Section 43.007 must be appointed from the list of names of
persons submitted by the county chair in compliance with Subsection
(c) except that in appointing a person from the list the
commissioners court shall apportion the number of judges in direct
proportion to the percentage of precincts located in each county
commissioners precinct won by each party in the last gubernatorial
election, the commissioners court is not required to make the
appointments based on specific polling locations or precincts, a
presiding judge or alternate presiding judge is not required to
serve in a polling place located in the precinct in which the judge
resides, and more than one presiding judge or alternate presiding
judge may be selected from the same precinct to serve in polling
places not located in the precinct in which the judges reside. The
county chairs may submit, and the commissioners court may
preapprove, the appointment of more presiding judges or alternate
presiding judges than necessary to fill available positions. The
county clerk may select an individual whose appointment was
preapproved by the commissioners court to fill a vacancy in a
position that was held by an individual from the same political
party. Other than a judge's party affiliation, nothing in this
subsection precludes a county clerk from placing an election
officer at a countywide polling place based on the need for services
at that location.]
SECTION 19. Section 32.0511(d), Election Code, is amended
to read as follows:
(d) Not more than two student election clerks may serve at a
polling place[, except that not more than four student election
clerks may serve at any countywide polling place].
SECTION 20. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve; and
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents[; and
[(6) contain an affidavit executed by the appointee
stating that the appointee will not have possession of a device
capable of recording images or sound or that the appointee will
disable or deactivate the device while serving as a watcher].
SECTION 21. Section 33.031, Election Code, is amended to
read as follows:
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [(a)] To
be eligible to serve as a watcher, a person must be a qualified
voter [:
[(1) of the county in which the person is to serve, in
an 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, in an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; and
[(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county].
SECTION 22. Section 33.051(c), Election Code, is amended to
read as follows:
(c) [A watcher may not be accepted for service if the
watcher has possession of a device capable of recording images or
sound unless the watcher agrees to disable or deactivate the
device.] The presiding judge may inquire whether a watcher has
possession of a [any prohibited] recording device before accepting
the watcher for service.
SECTION 23. Section 33.056, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as provided by Section 33.057, a watcher is
entitled to observe any activity conducted at the location at which
the watcher is serving. A watcher is entitled to sit or stand
[conveniently] near enough to see and hear the election officers
conducting the observed activity, except as otherwise prohibited by
this chapter.
(e) Except as provided by Section 33.057(b), a watcher may
not be denied free movement within the location at which the watcher
is serving.
SECTION 24. Section 33.061, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) An offense under Subsection (a) includes an action taken
to distance or obstruct the view of a watcher in a way that makes
observation reasonably ineffective.
(d) A person who has committed an offense under this section
may also be:
(1) suspended or terminated;
(2) liable to the state for a civil penalty not to
exceed $4,000 for each violation; or
(3) any combination of these.
SECTION 25. Section 43.001, Election Code, is amended to
read as follows:
Sec. 43.001. AT LEAST ONE POLLING PLACE IN EACH PRECINCT.
Each election precinct established for an election shall be served
by at least one [a single] polling place located within the boundary
of the precinct.
SECTION 26. Section 43.031, Election Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A polling place may not be located in:
(1) a tent or other temporary or movable structure; or
(2) a parking garage, parking lot, or similar facility
primarily designed for motor vehicles.
SECTION 27. Section 51.005(a), Election Code, is amended to
read as follows:
(a) The authority responsible for procuring the election
supplies for an election shall provide for each election precinct a
number of ballots equal to [at least the percentage of voters who
voted in that precinct in the most recent corresponding election
plus 25 percent of that number, except that the number of ballots
provided may not exceed] the total number of registered voters in
the precinct.
SECTION 28. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.076 to read as follows:
Sec. 52.076. IDENTIFYING CODE OR MICROCHIP FOR MAIL-IN
BALLOTS. (a) Each early voting ballot voted by mail must include a
unique barcode or microchip used to ensure that the ballot is only
counted once.
(b) No record associating an individual voter with a barcode
or microchip assigned to a ballot under this section may be created.
(c) The secretary of state by rule shall provide for the
design and distribution of a unique barcode or microchip system in a
manner that, to the greatest extent possible, prevents the
unauthorized reproduction or misuse of mail ballots.
SECTION 29. Section 61.001, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) As necessary at any time, the presiding judge or a
watcher may request that a trained peace officer enter the polling
place to enforce a law or prevent a violation under this code.
SECTION 30. 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) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
SECTION 31. Section 61.014, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A person, other than a watcher using the device solely
to record image or sound as permitted under Subsection (b), may not
use a wireless communication device within 100 feet of a voting
station.
(b) A person, other than a watcher, may not use a [any]
mechanical or electronic device to record [means of recording]
images or sound that captures the activity [within 100 feet] of a
voter at a voting station, unless the voter is receiving assistance
the watcher reasonably believes to be unlawful.
(b-1) A recording made by a watcher under Subsection (b) may
not capture or record any information on a voter's ballot.
SECTION 32. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.0141 to read as follows:
Sec. 61.0141. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE.
A person performing requested repairs or maintenance of equipment
at a polling place during voting in accordance with this title may,
as necessary, enter the polling place 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 polling
place, file an exception report with the secretary of state in a
form adopted by the secretary for that purpose.
SECTION 33. Chapter 62, Election Code, is amended by adding
Section 62.017 to read as follows:
Sec. 62.017. VIDEO RECORDING. Video cameras must be posted
at a polling place to enable recording of all activity, other than
voting, being conducted at a polling place.
SECTION 34. Sections 63.001(b), (d), and (e), Election
Code, are amended to read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place[:
[(1)] one form of photo identification listed in
Section 63.0101(a)[; or
[(2) one form of identification listed in Section
63.0101(b) accompanied by the declaration described by Subsection
(i)].
(d) If, as determined under Subsection (c), the voter's name
is on the precinct list of registered voters and the voter's
identity can be verified from the documentation presented under
Subsection (b), the voter shall be accepted for voting. [An
election officer may not question the reasonableness of an
impediment sworn to by a voter in a declaration described by
Subsection (i).]
(e) On accepting a voter, an election officer shall indicate
beside the voter's name on the list of registered voters that the
voter is accepted for voting. [If the voter executes a declaration
of reasonable impediment to meet the requirement for identification
under Subsection (b), the election officer must affix the voter's
voter registration number to the declaration either in numeric or
bar code form.]
SECTION 35. Section 63.003, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) If the poll list is in the form of an electronic device,
a paper copy must be kept on site as backup.
SECTION 36. Section 63.004, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the combination form is in the form of an electronic
device, a paper copy must be kept on site as backup.
SECTION 37. Section 63.004(a), Election Code, is amended to
read as follows:
(a) The secretary of state may prescribe forms that combine
the poll list, the signature roster, or any other form used in
connection with the acceptance of voters at polling places with
each other or with the list of registered voters. The secretary
shall prescribe any special instructions necessary for using the
combination forms. [The combination forms must include space for
an election officer to indicate whether a voter executed a
declaration of reasonable impediment under Section 63.001(i).]
SECTION 38. Section 63.0101(a), Election Code, is amended
to read as follows:
(a) The following documentation is an acceptable form of
photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(2) a United States military identification card that
contains the voter's [person's] photograph that has not expired or
that expired no earlier than four years before the date of
presentation;
(3) a United States citizenship certificate issued to
the voter [person] that contains the voter's [person's] photograph;
(4) a United States passport book or card issued to the
voter [person] that has not expired or that expired no earlier than
four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(6) an official Native American identification card or
tribal document that:
(A) contains the voter's photograph and address;
and
(B) is issued by a tribal organization or by a
tribe that is federally recognized and located in this state; or
(7) an identification card issued by an institution of
higher education located in this state that contains the voter's
photograph and identifies the voter as a citizen of the United
States.
SECTION 39. Section 64.012, Election Code, is amended by
adding Subsections (a-1) and (b-1) and amending Subsection (b) to
read as follows:
(a-1) An election officer commits an offense if the officer
permits a person to vote in an election when the officer knows the
person is not registered to vote.
(b) An offense under Subsection (a) [this section] is a
felony of the second degree unless the person is convicted of an
attempt. In that case, the offense is a state jail felony.
(b-1) An offense under Subsection (a-1) is a Class A
misdemeanor.
SECTION 40. 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, telephone number, and address of the
person assisting the voter;
(2) the manner in which the person assisted the voter;
(3) the reason the assistance was necessary; and
(4) the relationship of the assistant to the voter.
(b) A person who submits a form under Subsection (a) shall
present an acceptable photo identification under Section 63.0101.
(c) 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 41. Sections 65.002(a) and (c), Election Code, are
amended to read as follows:
(a) The [Subject to Subsection (b), the] presiding judge may
not direct the counting of ballots to occur until [at any time]
after the polls close [have been open for one hour].
(c) After the polls close or the last voter has voted,
whichever is later, the counting of ballots shall be conducted
continuously until all the ballots are counted. The counting may
not be interrupted except in the case of extreme circumstances, in
which case election officials must notify the public of the
suspension and the exact time counting will resume.
SECTION 42. Section 65.014, Election Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (f) to
read as follows:
(c) The returns shall be prepared as an original and three
copies, and on completing the returns, the presiding judge 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.
(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.
(f) The presiding judge shall sign an affidavit stating that
the returns, to the best of the judge's knowledge, represent the
actual results of the election.
SECTION 43. Subchapter A, Chapter 65, Election Code, is
amended by adding Section 65.0155 to read as follows:
Sec. 65.0155. PUBLIC STREAMING OF ELECTION ACTIVITY. (a)
The county clerk shall provide cameras and other equipment to each
polling place, meeting place for an early voting ballot board, or
central counting station involved in the election, and shall
provide a live video stream on the county clerk's Internet website
of any election activity conducted at a polling place, meeting
place for an early voting ballot board, or central counting
station.
(b) The secretary of state shall adopt rules necessary for
the implementation of this section.
SECTION 44. Subchapter A, Chapter 65, Election Code, is
amended by adding Sections 65.016 and 65.017 to read as follows:
Sec. 65.016. VOTE COUNTING EQUIPMENT. No equipment to
count votes shall be used that is capable of being connected to the
Internet or any other computer network.
Sec. 65.017. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE.
A person performing requested repairs or maintenance of equipment
at a polling place in accordance with this title may, as necessary,
enter the polling place with an electronic device capable of being
connected to the Internet while vote counting is being conducted.
After performing the requested repairs or maintenance, the person
shall, not later than the third business day after the date the
person entered the polling place, file an exception report with the
secretary of state in a form adopted by the secretary for that
purpose.
SECTION 45. Subchapter B, Chapter 66, Election Code, is
amended by adding Section 66.027 to read as follows:
Sec. 66.027. SECRETARY OF STATE TO PROVIDE SECURE
LOCKBOXES. The secretary of state shall provide a secure lockbox
suitable for containing each type of election record described
under this subchapter.
SECTION 46. Section 66.052, Election Code, is amended to
read as follows:
Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
(a) A delivery of election records or supplies that is to be
performed by the presiding judge may be performed by an election
clerk designated by the presiding judge.
(b) The presiding judge or an election clerk designated by
the presiding judge under this section must keep records of each
person that has custody of a precinct election record until the
records are delivered.
SECTION 47. Section 67.007, Election Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The county clerk shall certify the county returns. The
early voting ballot board must independently verify the county
returns before the county clerk can certify the returns under this
subsection.
(c-1) The secretary of state may not release election
results for a district or statewide office until each county clerk
has completed the clerk's duties under Subsection (c).
SECTION 48. Section 82.001(a), Election Code, is amended to
read as follows:
(a) Subject to Subsection (b), a qualified voter is eligible
for early voting by mail if the voter is unable [expects] to be
present in [absent from] the county of the voter's residence on
election day and during [the regular hours for conducting early
voting at the main early voting polling place for that part of] the
period for early voting by personal appearance [remaining after the
voter's early voting ballot application is submitted to the early
voting clerk].
SECTION 49. Section 84.001(b), Election Code, is amended to
read as follows:
(b) An application must be in writing and signed by the
applicant. An electronic signature that is not hand drawn is not
permitted.
SECTION 50. Section 84.002, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) 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) a copy of one form of photo identification
listed in Section 63.0101(a);
(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; and
(5) [(6)] an indication of the ground of eligibility
for early voting.
(c) Section 63.0101(c) applies to documentation provided
under this section.
SECTION 51. Section 84.011(a), Election Code, 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; 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 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), 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;
(F) [(G)] spaces for entering the signature,
printed name, and residence address of any person assisting the
applicant;
(G) [(H)] a statement informing the applicant of
the condition prescribed by Section 81.005; [and]
(H) [(I)] a statement informing the applicant of
the requirement prescribed by Section 86.003(c); and
(I) a statement informing the applicant of the
requirement that the applicant include a photograph or copy of
identification described by Section 84.002(a)(1-a).
SECTION 52. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL
APPLICATION FORM. Unless otherwise authorized by this code, an
officer or employee of this state or of a political subdivision of
this state may not distribute an official application form for an
early voting ballot to a person unless the person requested the form
for the person's own use.
SECTION 53. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.015 to read as follows:
Sec. 84.015. BIPARTISAN TEAMS FOR ASSISTANCE OF CERTAIN
INDIVIDUALS. Notwithstanding any other law, each early voting
clerk shall create a bipartisan team to assist any individual
confined to a nursing home, hospital, or similar facility during
the early voting period and on election day with submitting an
application to vote by mail and with submitting a ballot voted by
mail.
SECTION 54. Sections 84.032(b) and (c), Election Code, are
amended to read as follows:
(b) A request must:
(1) be in writing and signed by the applicant;
(2) specify the election for which the application was
made; [and]
(3) return the ballot to be voted by mail as provided
by this section; and
(4) except as provided by Subsection (c) or [,] (d),
[or (e),] be received by the early voting clerk[:
[(A)] not later than the third day before election
day[; and
[(B) if an early voting ballot sent to the
applicant is returned to the clerk as a marked ballot, before the
marked ballot's arrival at the address on the carrier envelope].
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and[:
[(1)] returning the ballot to be voted by mail to the
early voting clerk[; or
[(2) executing an affidavit that the applicant:
[(A) has not received the ballot to be voted by
mail; or
[(B) never requested a ballot to be voted by
mail].
SECTION 55. Section 84.038, Election Code, is amended to
read as follows:
Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION.
The cancellation of an application for a ballot to be voted by mail
under Section 84.032(c) or [,] (d)[, or (e)] is effective for a
single ballot only and does not cancel the application with respect
to a subsequent election, including a subsequent election to which
the same application applies under Section 84.001(e) or 86.0015(b).
SECTION 56. Sections 85.001(a) and (e), Election Code, are
amended to read as follows:
(a) The period for early voting by personal appearance
begins on the 17th day before election day and continues through the
[fourth] day before election day, except as otherwise provided by
this section.
(e) For an election held on the uniform election date in May
and any resulting runoff election, the period for early voting by
personal appearance begins on the 12th day before election day and
continues through the [fourth] day before election day.
SECTION 57. Sections 85.005(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (c), in an election in
which a county clerk or city secretary is the early voting clerk
under Section 83.002 or 83.005, early voting by personal appearance
at the main early voting polling place shall be conducted on the
weekdays of the early voting period and during the hours that the
county clerk's or city secretary's main business office is
regularly open for business, except that voting may not be
conducted earlier than 7 a.m. or later than 7 p.m.[.]
(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 eight hours each weekday
of the early voting period that is not a legal state holiday unless
the territory covered by the election has fewer than 1,000
registered voters. In that case, the voting shall be conducted at
least three hours each day. The authority ordering the election, or
the county clerk if that person is the early voting clerk, shall
determine which hours the voting is to be conducted except that
voting may not be conducted earlier than 7 a.m. or later than 7
p.m.[.]
SECTION 58. Section 85.006(c), Election Code, is amended to
read as follows:
(c) The authority ordering voting on a Saturday or Sunday
shall determine the hours during which voting is to be conducted
except that voting may not be conducted earlier than 7 a.m. or later
than 7 p.m.[.]
SECTION 59. Section 85.010(c), Election Code, is amended to
read as follows:
(c) A shared polling place established under Subsection (b)
that is designated as a main early voting polling place by any
political subdivision:
(1) must be open for voting for all political
subdivisions the polling place serves for at least the days and
hours required of a main early voting polling place under Section
85.002 for the political subdivision making the designation; and
(2) may not be open for voting earlier than 7 a.m. or
later than 7 p.m.[.]
SECTION 60. 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.
SECTION 61. Section 85.064, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Early voting by personal appearance at a temporary
branch polling place may not be conducted earlier than 7 a.m. or
later than 7 p.m.
SECTION 62. Section 86.001, Election Code, is amended by
adding Subsections (f), (h), (i), and (j) to read as follows:
(f) If the application does not include a copy of one form of
photo identification listed in Section 63.0101(a), the clerk shall
reject the application.
(h) The clerk may not mail or otherwise provide an early
voting ballot to a person who did not submit an application for a
ballot to be voted by mail.
(i) The clerk shall reject an application for a ballot to be
voted by mail if the clerk determines that the signature on the
application was executed by a person other than the voter, unless
the application was signed by a witness. In making the
determination, the clerk may compare the signature with any two or
more signatures of the voter made within the preceding six years and
on file with the county clerk or voter registrar.
(j) Before the clerk mails or provides a ballot to an
applicant, the clerk shall identify the unique barcode included on
the carrier envelope and make a record indicating that a carrier
envelope with the unique barcode was issued.
SECTION 63. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that:
(1) indicates the ground of eligibility is [age or]
disability; and
(2) does not specify the election for which a ballot is
requested or has been marked by the applicant as an application for
more than one election.
SECTION 64. Section 86.003(c), Election Code, is amended to
read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence; or
(2) [confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4); or
[(3) age or] disability and the voter is living at a
hospital, nursing home or other long-term care facility, or
retirement center, or with a relative described by Section
84.002(a)(3), in which case the address must be the address of that
facility or relative.
SECTION 65. Chapter 86, Election Code, is amended by adding
Section 86.0053 to read as follows:
Sec. 86.0053. WITNESS REQUIRED FOR BALLOTS VOTED BY MAIL.
(a) A ballot voted by mail in accordance with this chapter is not
valid unless:
(1) the voter signs the carrier envelope in the
presence of a witness or a notary public; and
(2) the witness or notary public signs the carrier
envelope.
(b) A person who serves as a witness must provide the
person's name, address, and telephone number on the carrier
envelope.
(c) A person may not serve as a witness for more than:
(1) one voter under this section who is not related to
the person within the second degree by affinity or third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code; or
(2) five voters under this section who are related to
the person within the second degree by affinity or third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code.
(d) The secretary of state shall adopt rules and prescribe
procedures as necessary to implement this section.
SECTION 66. Section 86.006(a-1), Election Code, is amended
to read as follows:
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office only while the polls are open on
election day. A voter who delivers a marked ballot in person must
present an acceptable form of identification described by Section
63.0101. The ballot drop-off location at the early voting clerk's
office must be located in a secure setting and under 24-hour
security and video surveillance.
SECTION 67. Chapter 86, Election Code, is amended by adding
Section 86.0061 to read as follows:
Sec. 86.0061. PROHIBITION ON VOTE HARVESTING OF MAIL IN
BALLOTS. (a) A person commits an offense if the person knowingly
collects or possesses a ballot voted by mail or official carrier
envelope from a voter for the purpose of delivering votes for a
specific candidate or measure.
(b) An offense under this section is a felony of the third
degree punishable by imprisonment in the Texas Department of
Criminal Justice for a term not to exceed five years, a fine not to
exceed $5,000, or both the imprisonment and the fine.
SECTION 68. Sections 86.007(a), (d), and (e), Election
Code, are amended to read as follows:
(a) Except as provided by Subsection (d), a marked ballot
voted by mail must arrive at the address on the carrier envelope[:
[(1)] before the time the polls are required to close
on election day[; or
[(2) not later than 5 p.m. on the day after election
day, if the carrier envelope was placed for delivery by mail or
common or contract carrier before election day and bears a
cancellation mark of a common or contract carrier or a courier
indicating a time not later than 7 p.m. at the location of the
election on election day].
(d) A marked ballot voted by mail that arrives after the
time prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the
United States;
(2) the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a) [(a)(1)]; and
(3) the ballot arrives at the address on the carrier
envelope not later than the fifth day after the date of the
election.
(e) A delivery under Subsection [(a)(2) or] (d) is timely,
except as otherwise provided by this title, if the carrier envelope
or, if applicable, the envelope containing the carrier envelope:
(1) is properly addressed with postage or handling
charges prepaid; and
(2) bears a cancellation mark of a recognized postal
service or a receipt mark of a common or contract carrier or a
courier indicating a time before the deadline.
SECTION 69. Section 86.011, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsection (a-1) to
read as follows:
(a-1) The early voting clerk shall scan the unique barcode
on the official carrier envelope, make a record of the barcode, and
determine whether the unique barcode matches the barcode of an
official carrier envelope recorded under Section 86.001(j). The
clerk shall reject a carrier envelope with a barcode that:
(1) does not match the barcode of an official carrier
envelope recorded under Section 86.001(j); or
(2) matches a barcode of an official carrier envelope
that has already been received by the early voting clerk.
(b) If the return is timely and the carrier envelope is not
rejected under Subsection (a-1), the clerk shall enclose the
carrier envelope and the voter's early voting ballot application in
a jacket envelope. The clerk shall also include in the jacket
envelope:
(1) a copy of the voter's federal postcard application
if the ballot is voted under Chapter 101; and
(2) the signature cover sheet, if the ballot is voted
under Chapter 105.
(c) If the return is not timely or the carrier envelope is
rejected under Subsection (a-1), the clerk shall enter the time of
receipt on the carrier envelope and retain it for the period for
preserving the precinct election records. The clerk shall destroy
the unopened envelope and its contents after the preservation
period.
SECTION 70. Section 86.013, Election Code, is amended by
amending Subsection (b) and adding Subsection (h) to read as
follows:
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
[and]
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
(3) entering the signature, printed name, residence
address, and telephone number of the person who witnesses the voter
sign the carrier envelope under Section 86.0053; and
(4) placing the signature and seal of a notary public
who witnesses the voter sign the carrier envelope under Section
86.0053.
(h) Each official carrier envelope must include a unique
barcode that may be identified and recorded by the early voting
clerk under Sections 86.001(j) and 86.011(a-1).
SECTION 71. Chapter 86, Election Code, is amended by adding
Section 86.015 to read as follows:
Sec. 86.015. STATE ELECTION DATABASE. (a) The secretary of
state shall maintain a state election database that is available to
the public for review.
(b) Not later than 24 hours after the early voting clerk
receives an application to vote by mail, places an official ballot
in the mail, or receives a marked ballot voted by mail, the clerk
shall upload the following information to the state election
database:
(1) the name of the person who:
(A) provided an application to vote by mail;
(B) received an official ballot to be voted by
mail; or
(C) returned an official ballot voted by mail;
and
(2) the time and date that:
(A) the application was received;
(B) the official ballot was placed in the mail;
or
(C) the marked ballot voted by mail was received.
(c) The secretary of state shall adopt rules and prescribe
procedures as necessary to implement this section.
SECTION 72. Section 87.0241(b), Election Code, is amended
to read as follows:
(b) The board may not count early voting ballots until[:
[(1)] the polls close [open] on election day[; or
[(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance].
SECTION 73. Section 87.027, Election Code, is amended by
amending Subsection (i) and adding Subsection (i-1) 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 and the voter's registration application to determine
whether the signatures are those of the voter. The committee may
also compare the signatures with any two or more signatures of the
voter made within the preceding six years and on file with the
county clerk or voter registrar to determine whether the signatures
are those of the voter. Except as provided by Subsection (l), a
determination under this subsection that the signatures are not
those of the voter must be made by a majority vote of the
committee's membership. The committee shall place the jacket
envelopes, carrier envelopes, and applications of voters whose
signatures are not those of the voter in separate containers from
those of voters whose signatures are those of the voter. The
committee chair shall deliver the sorted materials to the early
voting ballot board at the time specified by the board's presiding
judge.
(i-1) If the signature verification committee uses software
to compare signatures under Subsection (i), the software must have
a 95 percent rate of accuracy.
SECTION 74. Section 87.041, Election Code, is amended by
amending Subsections (b) and (e) and adding Subsection (e-1) to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the carrier envelope is signed by a witness or
notary public as required under Section 86.0053.
(e) In making the determination under Subsection (b)(2),
the board shall compare the signature of the voter on the carrier
envelope certificate with the signature of the voter on the voter's
registration application submitted under Section 13.002. The board
may also compare the signatures with any two or more signatures of
the voter made within the preceding six years and on file with the
county clerk or voter registrar to determine whether the signatures
are those of the voter.
(e-1) If the board uses software to compare signatures under
Subsection (b)(2), the software must have a 95 percent rate of
accuracy.
SECTION 75. Section 87.062, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Before counting a ballot voted by mail, the early
voting ballot board shall identify the unique barcode or microchip
included on the ballot under Section 52.076, make a record
indicating that the board has counted a ballot with that barcode or
microchip, and compare the barcode or microchip to records of other
counted ballots. If the barcode or microchip on the ballot is the
same as a barcode or microchip recorded for a ballot that has
already been counted, the board may not count the ballot. Ballots
not counted under this section shall be placed in an envelope and
treated in the same manner as rejected ballots under Section
87.043.
SECTION 76. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The early voting electronic system ballots counted at a central
counting station, the ballots cast at precinct polling places, and
the ballots voted by mail shall be tabulated separately [from the
ballots cast at precinct polling places] and shall be separately
reported on the returns.
(a-1) Before counting a ballot voted by mail, the unique
barcode or microchip included on each ballot under Section 52.076
must be identified, recorded, and compared to the barcode or
microchip records of other counted ballots. If the barcode or
microchip on the ballot is the same as a barcode or microchip
recorded for a ballot that has already been counted, the ballot may
not be counted. Ballots not counted under this section shall be
placed in an envelope and treated in the same manner as rejected
ballots under Section 87.043.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
SECTION 77. 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. Notwithstanding any other law, including
Chapter 552, Government Code, a written letter, e-mail, or other
communication, including a communication made confidential by
other law, between a public official and a voting systems vendor:
(1) is not confidential;
(2) is public information for purposes of Chapter 552,
Government Code; and
(3) is not subject to an exception to disclosure
provided by Chapter 552, Government Code.
SECTION 78. Subchapter A, Chapter 127, Election Code, is
amended by adding Sections 127.008 and 127.009 to read as follows:
Sec. 127.008. VOTE COUNTING EQUIPMENT IN CENTRAL COUNTING
STATION. No equipment to count votes shall be used that is capable
of being connected to the Internet or any other computer network.
Sec. 127.009. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE.
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.
SECTION 79. Section 127.201(a), Election Code, is amended
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 three largest
precincts, whichever represents a [is] greater number of voters, 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.
SECTION 80. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.003 to read as follows:
Sec. 129.003. SECURE VOTING SYSTEM REQUIRED. (a) In this
section, "secure voting system" means a voting system that:
(1) uses voting machines that are not capable of
connecting to the Internet or otherwise wirelessly connecting to
another electronic device; and
(2) either:
(A) uses a paper record; or
(B) produces a paper receipt by which a voter can
verify that the voter's ballot will be counted accurately.
(b) A voting system that consists of direct recording
electronic voting machines may not be used in an election unless the
system is a secure voting system.
(c) Except for a recount under Title 13, the electronic vote
is the official record of the ballot. For a recount of ballots cast
on a system involving direct recording electronic voting machines,
the paper record or receipt copy is the official record of the vote
cast.
SECTION 81. Section 213.013(i), Election Code, is amended
to read as follows:
(i) On [No device capable of recording images or sound is
allowed inside the room in which the recount is conducted, or in any
hallway or corridor in the building in which the recount is
conducted within 30 feet of the entrance to the room, while the
recount is in progress unless the person entitled to be present at
the recount agrees to disable or deactivate the device. However,
on] request of a person entitled to appoint watchers to serve at the
recount, the recount committee chair shall permit the person to
photocopy under the chair's supervision any ballot, including any
supporting materials, challenged by the person or person's watcher.
The person must pay a reasonable charge for making the copies and,
if no photocopying equipment is available, may supply that
equipment at the person's expense. The person shall provide a copy
on request to another person entitled to appoint watchers to serve
at the recount.
SECTION 82. Section 272.011(b), Election Code, is amended
to read as follows:
(b) The secretary of state shall prepare the translation for
election materials required to be provided in a language other than
English or Spanish for the following state prescribed voter forms:
(1) voter registration application form required by
Section 13.002;
(2) the confirmation form required by Section 15.051;
(3) the voting instruction poster required by Section
62.011;
(4) [the reasonable impediment declaration required
by Section 63.001(b);
[(5)] the statement of residence form required by
Section 63.0011;
(5) [(6)] the provisional ballot affidavit required
by Section 63.011;
(6) [(7)] the application for a ballot by mail
required by Section 84.011;
(7) [(8)] the carrier envelope and voting
instructions required by Section 86.013; and
(8) [(9)] any other voter forms that the secretary of
state identifies as frequently used and for which state resources
are otherwise available.
SECTION 83. The heading to Subchapter D, Chapter 273,
Election Code, is amended to read as follows:
SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT]
SECTION 84. 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 a statewide [an] election, an election for the office of
state senator or state representative, or a political party
convention, regardless of whether the person responsible for
performing the duty is a public officer.
(b) A district court may issue a writ of mandamus to compel
the performance of any duty imposed by law in connection with the
holding of an election by a municipality, county, or other
political subdivision.
SECTION 85. Subchapter D, Chapter 273, Election Code, is
amended by adding Section 273.064 to read as follows:
Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a
district court for a writ of mandamus under this subchapter must be
filed in a district court in Travis County or in the county in which
the election was held or is to be held.
(b) For an election held or to be held by a political
subdivision other than a municipality or county, a petition filed
under this section may be filed in Travis County or in any county
that contains a portion of the territory of the political
subdivision.
SECTION 86. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.023 to read as follows:
Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
ELECTIONS. The supreme court shall give preference to a hearing or
trial related to the conduct of an election.
SECTION 87. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.229 to read as follows:
Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
ELECTIONS. A court of appeals shall give preference to a hearing or
trial related to the conduct of an election.
SECTION 88. Section 23.101, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The trial courts of this state shall give preference to
a hearing or trial related to the conduct of an election, above the
preference described by Subsection (a).
SECTION 89. Section 62.113(b), Government Code, is amended
to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney, as applicable, or
the attorney general for an investigation of whether the person
committed an offense under Section 13.007, Election Code, or other
law.
SECTION 90. Sections 62.114(b) and (c), Government Code,
are amended to read as follows:
(b) On the third business day of each month, the clerk shall
send [to the voter registrar of the county] a copy of the list of
persons excused or disqualified in the previous month because the
persons do not reside in the county to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney, as applicable, or
the attorney general for an investigation of whether the person
committed an offense under Section 13.007, Election Code, or other
law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
15.081 or 18.068, Election Code.
SECTION 91. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1791 to read as follows:
Sec. 411.1791. FORM OF NONCITIZEN LICENSE. In adopting the
form of a license under Section 411.179(a), the department shall
ensure that a license issued to a person who is not a citizen of the
United States:
(1) has a substantially different design from a
license issued to a person who is a citizen; and
(2) displays the word "NONCITIZEN" on both the front
and back of the license.
SECTION 92. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1955 to read as follows:
Sec. 411.1955. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In
this section, "indigent" means a person who is not financially able
to afford a fee under this subchapter.
(b) An indigent individual is entitled to an exemption from
the payment of fees for the issuance of an original or renewed
license under this subchapter.
(c) The department shall adopt criteria and a process to
determine if an individual is indigent and any other rules or
procedures necessary to implement this section.
SECTION 93. Section 521.054, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) If the department is notified that a person over the age
of 18 has changed the person's address under this section, the
department shall forward the change of address notification to the
voter registrar for the county where the person previously resided.
SECTION 94. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.024132 to read as follows:
Sec. 531.024132. VOTER IDENTIFICATION ACQUISITION FOR
INDIVIDUALS WITH A DISABILITY. (a) The commission shall develop
and implement a voter identification acquisition program to assist
an individual with a disability who is registered to vote in
obtaining an original, renewal, or duplicate form of photo
identification listed in Section 63.0101(a), Election Code, by:
(1) providing the individual with transportation to
the office of a state or federal agency; or
(2) coordinating with an employee of a state or
federal agency to transport the employee to the individual's home
or another location convenient to the individual.
(b) The commission may adopt rules necessary to implement
this section.
SECTION 95. Subchapter E, Chapter 521, Transportation Code,
is amended by adding Section 521.1011 to read as follows:
Sec. 521.1011. DESIGNATOR ON CERTIFICATE ISSUED TO
NONCITIZEN. A personal identification certificate issued to a
person who is not a citizen of the United States must:
(1) have a substantially different design from a
personal identification certificate issued to a person who is a
citizen; and
(2) display the word "NONCITIZEN" on both the front
and back of the certificate.
SECTION 96. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.1231 to read as follows:
Sec. 521.1231. DESIGNATOR ON LICENSE ISSUED TO NONCITIZEN.
A driver's license issued to an applicant who is not a citizen of
the United States must:
(1) have a substantially different design from a
driver's license issued to a person who is a citizen; and
(2) display the word "NONCITIZEN" on both the front
and back of the license.
SECTION 97. Subchapter R, Chapter 521, Transportation Code,
is amended by adding Section 521.4268 to read as follows:
Sec. 521.4268. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In
this section, "indigent" means a person who is not financially able
to afford a fee under this chapter.
(b) An indigent individual is entitled to an exemption from
the payment of fees under this chapter for the issuance of a
driver's license or personal identification certificate.
(c) The department shall adopt criteria and a process to
determine if an individual is indigent and any other rules or
procedures necessary to implement this section.
SECTION 98. The following provisions of the Election Code
are repealed:
(1) Section 15.082(d);
(2) Section 15.084(d);
(3) Section 20.006(c);
(4) Section 43.004(c);
(5) Section 43.007;
(6) Section 63.001(i);
(7) Section 63.0013;
(8) Section 63.0101(b);
(9) Section 65.002(b);
(10) Section 82.003;
(11) Section 82.004;
(12) Section 84.009;
(13) Section 84.032(e); and
(14) Section 127.201(f).
SECTION 99. 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.
SECTION 100. The changes in law made by this Act apply only
to a license to carry a handgun, personal identification
certificate, or driver's license issued or renewed on or after the
effective date of this Act. A license to carry a handgun, personal
identification certificate, or driver's license issued or renewed
before the effective date of this Act is governed by the law in
effect when the license or certificate was issued or renewed, and
the former law is continued in effect for that purpose.
SECTION 101. The changes in law made by this Act apply only
to an application to register to vote submitted on or after the
effective date of this Act.
SECTION 102. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.