Bill Text: TX SB5 | 2017 | 85th Legislature 1st Special Session | Enrolled

Bill Title: Relating to the prevention of fraud in the conduct of an election; creating a criminal offense; increasing criminal penalties.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2017-08-11 - Effective on . . . . . . . . . . . . . . . [SB5 Detail]

Download: Texas-2017-SB5-Enrolled.html
 
 
  S.B. No. 5
 
 
 
 
AN ACT
  relating to the prevention of fraud in the conduct of an election;
  creating a criminal offense; increasing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 64.012(a), Election Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person:
               (1)  votes or attempts to vote in an election in which
  the person knows the person is not eligible to vote;
               (2)  knowingly votes or attempts to vote more than once
  in an election;
               (3)  knowingly [impersonates another person and] votes
  or attempts to vote a ballot belonging to another person, or by
  impersonating another [as the impersonated] person; or
               (4)  knowingly marks or attempts to mark any portion of 
  another person's ballot without the consent of that person, or
  without specific direction from that person how to mark the ballot.
         SECTION 2.  Section 66.058(a), Election Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this code, the precinct
  election records shall be preserved by the authority to whom they
  are distributed[:
               [(1)  in an election involving a federal office,] for
  at least 22 months after election day [in accordance with federal
  law; or
               [(2)     in an election not involving a federal office,
  for at least six months after election day].
         SECTION 3.  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 is not permitted.
         SECTION 4.  Section 84.0041, Election Code, is amended to
  read as follows:
         Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE
  INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a)  A person
  commits an offense if the person:
               (1)  knowingly provides false information on an
  application for [an early voting] ballot by mail;
               (2)  intentionally causes false information to be
  provided on an application for ballot by mail;
               (3)  knowingly submits an application for ballot by
  mail without the knowledge and authorization of the voter; or
               (4)  knowingly and without the voter's authorization
  alters information provided by the voter on an application for
  ballot by mail.
         (b)  An offense under this section is a state jail felony
  [unless the person is the applicant, is related to the applicant
  within the second degree by affinity or the third degree by
  consanguinity, as determined under Subchapter B, Chapter 573,
  Government Code, or is registered to vote at the same address as the
  applicant, in which event the offense is a Class A misdemeanor].
         (c)  An offense under Subsection (a)(4) does not apply to an
  early voting clerk or deputy early voting clerk who receives and
  marks an application for administrative purposes only.
         (d)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that: 
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 5.  Section 84.007, Election Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  An application must be submitted to the early voting
  clerk by:
               (1)  mail;
               (2)  common or contract carrier;
               (3)  subject to Subsection (b-1), telephonic facsimile
  machine, if a machine is available in the clerk's office; or
               (4)  subject to Subsection (b-1), electronic
  transmission of a scanned application containing an original
  signature.
         (b-1)  For an application for ballot by mail submitted by
  telephonic facsimile machine or electronic transmission to be
  effective, the application also must be submitted by mail and be
  received by the early voting clerk not later than the fourth
  business day after the transmission by telephonic facsimile machine
  or electronic transmission is received.
         SECTION 6.  Section 84.032(c), Election Code, is amended to
  read as follows:
         (c)  An applicant may submit a request after the close of
  early voting by personal appearance by appearing in person and:
               (1)  returning the ballot to be voted by mail to the
  early voting clerk; or
               (2)  executing an affidavit that the applicant:
                     (A)  has not received the ballot to be voted by
  mail; or
                     (B)  never requested a ballot to be voted by mail.
         SECTION 7.  Section 84.037, Election Code, is amended to
  read as follows:
         Sec. 84.037.  PRESERVATION OF DOCUMENTS. (a)  The early
  voting clerk shall preserve each cancellation request for the
  period for preserving the precinct election records. If the
  application is canceled, the clerk shall attach it and the
  corresponding ballot materials, if available, to the cancellation
  request and preserve it with the request.
         (b)  The early voting clerk as defined by Subchapter A,
  Chapter 83, shall, not later than the 30th day after election day,
  deliver notice to the attorney general of cancellation requests
  received, including certified copies of cancellation requests,
  applications, and carrier envelopes, if available.
         (c)  The attorney general shall prescribe the form and manner
  of submission under Subsection (b). The secretary of state shall
  adopt rules as necessary to implement the requirements prescribed
  under this subsection.
         SECTION 8.  Sections 86.003(a) and (b), Election Code, as
  effective September 1, 2017, are amended to read as follows:
         (a)  The balloting materials for voting by mail shall be
  provided to the voter by mail[, unless the ballot is delivered to a
  voter for early voting under Chapter 107]. A ballot provided by any
  other method may not be counted.
         (b)  Subject to Subsection (c), the balloting materials
  shall be addressed to the applicable address specified in the
  voter's application. The election officer providing the ballot may
  not knowingly mail [deliver] the materials to an address other than
  that prescribed by this section.
         SECTION 9.  Section 86.004(a), Election Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  Except as provided by Subsection (b) [or (c)], the
  balloting materials for voting by mail shall be mailed to a voter
  entitled to vote by mail not later than the seventh calendar day
  after the later of the date the clerk accepts the voter's
  application for a ballot to be voted by mail or the date the ballots
  become available for mailing, except that if that mailing date is
  earlier than the 45th day before election day, the balloting
  materials shall be mailed not later than the 30th [38th] day before
  election day.
         SECTION 10.  The heading to Section 86.0051, Election Code,
  is amended to read as follows:
         Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
  OTHER THAN VOTER[; OFFENSES].
         SECTION 11.  Section 86.0051, Election Code, is amended by
  amending Subsections (b), (d), and (e) and adding Subsection (f) to
  read as follows:
         (b)  A person other than the voter who assists a voter by
  depositing [deposits] the carrier envelope in the mail or with a
  common or contract carrier or who obtains the carrier envelope for
  that purpose must provide the person's signature, printed name, and
  residence address on the reverse side of the envelope.
         (d)  An offense under this section is a Class A [B]
  misdemeanor, unless it is shown on the trial of an offense under
  this section that the person committed [is convicted of] an offense
  under Section 64.036 for providing unlawful assistance to the same
  voter in connection with the same ballot, in which event the offense
  is a state jail felony.
         (e)  This section does  [Subsections (a) and (c) do] not
  apply if the person is related to the voter [applicant] within the
  second degree by affinity or the third degree by consanguinity, as
  determined under Subchapter B, Chapter 573, Government Code, or was
  physically living in [is registered to vote at] the same dwelling
  [address] as the voter at the time of the event [applicant].
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 12.  Sections 86.006(f), (g), and (g-1), Election
  Code, are amended to read as follows:
         (f)  A person commits an offense if the person knowingly
  possesses an official ballot or official carrier envelope provided
  under this code to another. Unless the person possessed the ballot
  or carrier envelope with intent to defraud the voter or the election
  authority, this subsection does not apply to a person who, on the
  date of the offense, was:
               (1)  related to the voter within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code;
               (2)  physically living in [registered to vote at] the
  same dwelling [address] as the voter;
               (3)  an early voting clerk or a deputy early voting
  clerk;
               (4)  a person who possesses a ballot or [the] carrier
  envelope solely for the purpose of lawfully assisting a voter who
  was eligible for assistance under Section 86.010 and complied fully
  with:
                     (A)  Section 86.010; and
                     (B)  Section 86.0051, if assistance was provided
  in order to deposit the envelope in the mail or with a common or
  contract carrier [and who provides the information required by
  Section 86.0051(b) in accordance with that section];
               (5)  an employee of the United States Postal Service
  working in the normal course of the employee's authorized duties;
  or
               (6)  a common or contract carrier working in the normal
  course of the carrier's authorized duties if the official ballot is
  sealed in an official carrier envelope that is accompanied by an
  individual delivery receipt for that particular carrier envelope.
         (g)  An offense under Subsection (f) is a Class A misdemeanor
  unless the defendant possessed the ballot or carrier envelope
  without the request of the voter, in which case it is a felony of the
  third degree. If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both[:
               [(1)     a Class B misdemeanor if the person possesses at
  least one but fewer than 10 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a state jail
  felony;
               [(2)     a Class A misdemeanor if the person possesses at
  least 10 but fewer than 20 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a felony of the
  third degree; or
               [(3)     a state jail felony if the person possesses 20 or
  more ballots or carrier envelopes unless the person possesses the
  ballots or carrier envelopes without the consent of the voters, in
  which event the offense is a felony of the second degree].
         (g-1)  An offense under Subsection (g) is increased to the
  next higher category of offense if it is shown on the trial of an
  offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved an individual 65 years of age
  or older; or
               (3)  the defendant committed another offense under this
  section in the same election [When ballots or carrier envelopes are
  obtained in violation of this section pursuant to one scheme or
  continuing course of conduct, whether from the same or several
  sources, the conduct may be considered as one offense and the number
  of ballots or carrier envelopes aggregated in determining the grade
  of the offense].
         SECTION 13.  Section 86.010, Election Code, is amended to
  read as follows:
         Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
  MAIL. (a)  A voter casting a ballot by mail who would be eligible
  under Section 64.031 to receive assistance at a polling place may
  select a person as provided by Section 64.032(c) to assist the voter
  in preparing the ballot.
         (b)  Assistance rendered under this section is limited to
  that authorized by this code at a polling place, except that a voter
  with a disability who is physically unable to deposit the ballot and
  carrier envelope in the mail may also select a person as provided by
  Section 64.032(c) to assist the voter by depositing a sealed
  carrier envelope in the mail.
         (c)  The person assisting the voter must sign a written oath
  prescribed by Section 64.034 that is part of the certificate on the
  official carrier envelope.
         (d)  If a voter is assisted in violation of this section
  [Subsection (a) or (b)], the voter's ballot may not be counted.
         (e)  A person who assists a voter to prepare a ballot to be
  voted by mail shall enter the person's signature, printed name, and
  residence address on the official carrier envelope of the voter.
         (f)  A person who assists a voter commits an offense if the
  person knowingly fails to comply with Subsections (c) and [provide
  the information on the official carrier envelope as required by
  Subsection] (e).
         (g)  An offense under this section is a [Class A misdemeanor
  unless the person is convicted of an offense under Section 64.036
  for providing unlawful assistance to the same voter, in which event
  the offense is a] state jail felony.
         (h)  Subsection (f) does not apply if the person is related
  to the voter [applicant] within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code, or was physically living in [is
  registered to vote at] the same dwelling [address] as the voter at
  the time of the event [applicant].
         (i)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (j)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 14.  Section 87.027(i), Election Code, is amended to
  read as follows:
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  voter [same person]. 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 [the signature on the voter's registration application to
  confirm that the signatures are those of the same person but may not
  use the registration application signature] to determine whether 
  [that] the signatures are [not] those of the voter [same person].
  Except as provided by Subsection (l), a determination under this
  subsection that the signatures are not those of the voter [same
  person] 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 [same person] in separate containers from
  those of voters whose signatures are those of the voter [same
  person]. The committee chair shall deliver the sorted materials to
  the early voting ballot board at the time specified by the board's
  presiding judge.
         SECTION 15.  Section 87.041, Election Code, is amended by
  amending Subsection (e) and adding Subsection (g) to read as
  follows:
         (e)  In making the determination under Subsection (b)(2),
  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 
  [confirm that] the signatures are those of the voter [same person
  but may not use the signatures to determine that the signatures are
  not those of the same person].
         (g)  A person commits an offense if the person intentionally
  accepts a ballot for voting or causes a ballot to be accepted for
  voting that the person knows does not meet the requirements of
  Subsection (b). An offense under this subsection is a Class A
  misdemeanor.
         SECTION 16.  Section 87.0431, Election Code, is amended to
  read as follows:
         Sec. 87.0431.  NOTICE OF REJECTED BALLOT. (a)  Not later
  than the 10th day after election day, the presiding judge of the
  early voting ballot board shall deliver written notice of the
  reason for the rejection of a ballot to the voter at the residence
  address on the ballot application.  If the ballot was transmitted to
  the voter by e-mail under Subchapter C, Chapter 101, the presiding
  judge shall also provide the notice to the e-mail address to which
  the ballot was sent.
         (b)  The early voting clerk shall, not later than the 30th
  day after election day, deliver notice to the attorney general,
  including certified copies of the carrier envelope and
  corresponding ballot application, of any ballot rejected because:
               (1)  the voter was deceased;
               (2)  the voter already voted in person in the same
  election;
               (3)  the signatures on the carrier envelope and ballot
  application were not executed by the same person;
               (4)  the carrier envelope certificate lacked a witness
  signature; or
               (5)  the carrier envelope certificate was improperly
  executed by an assistant.
         (c)  The attorney general shall prescribe the form and manner
  of submission under Subsection (b). The secretary of state shall
  adopt rules as necessary to implement the requirements prescribed
  under this subsection.
         SECTION 17.  Chapter 276, Election Code, is amended by
  adding Section 276.013 to read as follows:
         Sec. 276.013.  ELECTION FRAUD. (a)  A person commits an
  offense if the person knowingly or intentionally makes any effort
  to:
               (1)  influence the independent exercise of the vote of
  another in the presence of the ballot or during the voting process;
               (2)  cause a voter to become registered, a ballot to be
  obtained, or a vote to be cast under false pretenses; or
               (3)  cause any intentionally misleading statement,
  representation, or information to be provided:
                     (A)  to an election official; or
                     (B)  on an application for ballot by mail, carrier
  envelope, or any other official election-related form or document.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older, and the actor was not:
                     (A)  related to the voter within the second degree
  by affinity or the third degree by consanguinity, as determined
  under Subchapter B, Chapter 573, Government Code; or
                     (B)  physically living in the same dwelling as the
  voter at the time of the event; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 18.  The following provisions of law, as effective
  September 1, 2017, are repealed:
               (1)  Section 86.003(e), Election Code;
               (2)  Section 86.004(c), Election Code;
               (3)  Chapter 107, Election Code;
               (4)  Section 242.0181, Health and Safety Code; and
               (5)  Section 247.008, Health and Safety Code.
         SECTION 19.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect 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 20.  This Act takes effect December 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 5 passed the Senate on
  July 26, 2017, by the following vote: Yeas 21, Nays 10; and that
  the Senate concurred in House amendments on August 11, 2017, by the
  following vote: Yeas 21, Nays 10.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 5 passed the House, with
  amendments, on August 10, 2017, by the following vote: Yeas 92,
  Nays 39, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor

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