Bill Text: TX SB71 | 2021 | 87th Legislature 2nd Special Session | Introduced

Bill Title: Relating to the conduct of elections in this state.

Sponsorship: Partisan Bill (Democrat 11)

Status: (Introduced - Dead) 2021-08-10 - Filed [SB71 Detail]

Download: Texas-2021-SB71-Introduced.html
  87S20113 BRG-F
 
  By: West, et al. S.B. No. 71
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the conduct of elections in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.01.  SHORT TITLE. This Act may be cited as the
  Barbara Jordan Fair Elections Act.
         SECTION 1.02.  PURPOSE. The purpose of this Act is to
  exercise the legislature's constitutional authority under Section
  2, Article VI, Texas Constitution, to ensure that "The privilege of
  free suffrage shall be protected by laws regulating elections and
  prohibiting under adequate penalties all undue influence in
  elections from power, bribery, tumult, or other improper practice."
         SECTION 1.03.  FINDINGS. The legislature finds that:
               (1)  full, free, and fair elections are the
  underpinnings of a stable constitutional democracy;
               (2)  the privilege of free suffrage shall be protected
  by laws regulating elections;
               (3)  maximizing the potential for safe, secure, and
  accessible elections and enhancing the opportunities to vote
  strengthen our constitutional democracy and provide for wide-scale
  confidence in elections;
               (4)  additionally, preventing a valid vote from being
  cast or counted violates the basic constitutional rights guaranteed
  to each citizen by the United States Constitution and the law of the
  land; and
               (5)  providing for voter access and increasing the
  stability of a constitutional democracy ensures public confidence
  in the legitimacy of public officers chosen by election.
         SECTION 1.04.  Chapter 1, Election Code, is amended by
  adding Section 1.0015 to read as follows:
         Sec. 1.0015.  LEGISLATIVE INTENT. It is the intent of the
  legislature that the application of this code and the conduct of
  elections shall be uniform and consistent throughout this state to
  promote voter access and ensure that all lawfully cast votes are
  counted.
         SECTION 1.05.  Section 1.003, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A public official shall construe the provisions of
  this code broadly to effect the intent of the legislature under
  Section 1.0015.
  ARTICLE 2. VOTER REGISTRATION
         SECTION 2.01.  Subchapter A, Chapter 13, Election Code, is
  amended by adding Sections 13.009 and 13.010 to read as follows:
         Sec. 13.009.  ELECTRONIC VOTER REGISTRATION. (a) The
  secretary of state shall implement a program to allow a person to
  complete a voter registration application over the Internet from
  the official Internet website of this state. The Internet websites
  of the secretary of state and the Department of Public Safety must
  also provide a link to the location of the application on the
  official Internet website of this state.
         (b)  An applicant for electronic voter registration who has a
  driver's license or personal identification card issued in this
  state, regardless of whether the license or card is unexpired,
  must:
               (1)  attest to the truth of the information provided on
  the application by affirmatively accepting the information as true;
  and
               (2)  affirmatively consent to the use of the signature
  on the applicant's driver's license or personal identification card
  for voter registration purposes.
         (c)  An applicant for electronic voter registration who does
  not have a driver's license or personal identification card issued
  in this state must:
               (1)  attest to the truth of the information provided on
  the application by affirmatively accepting the information as true;
  and
               (2)  print a registration application from the Internet
  website the applicant is using to register, sign the application,
  and mail the application to the registrar.
         (d)  For each application submitted under Subsection (b),
  the program must require that a digital copy of the applicant's
  signature be obtained from the Department of Public Safety.
         (e)  For each application submitted under Subsection (c),
  the program must provide the applicant with:
               (1)  a registration application that the applicant can
  print from the registration Internet website, sign, and mail to the
  registrar as required under Subsection (c)(2); and
               (2)  information about how the applicant can obtain a
  driver's license or personal identification card from the
  Department of Public Safety.
         (f)  An application submitted under this section is
  considered for all purposes an application submitted by mail under
  this title.
         (g)  The secretary of state shall adopt rules as necessary to
  implement this section, including rules to provide for additional
  security measures necessary to ensure the accuracy and integrity of
  applications submitted electronically.
         (h)  The rules adopted under Subsection (g) must require
  that:
               (1)  the Internet website through which a person may
  complete a voter registration application include a description of
  the offense described by Section 13.007 in a conspicuous location
  on the Internet website near the place where the person begins or
  submits the application; and
               (2)  the state electronic Internet portal project be
  used to authenticate the identity of a person who submits an
  application electronically under this section.
         Sec. 13.010.  VOTER REGISTRATION THROUGH DEPARTMENT OF
  PUBLIC SAFETY. (a) The voter registrar of each county shall
  automatically register any county resident who is eligible to vote
  as provided by Section 13.001 and:
               (1)  is issued a Texas driver's license or personal
  identification card by the Department of Public Safety; or
               (2)  makes a change to a Texas driver's license or
  personal identification card issued by the Department of Public
  Safety.
         (b)  A driver's license or personal identification card
  transaction with an indication provided by Section 20.062(b) or
  20.063(c) that the transaction is not for voter registration
  purposes is not subject to this section.
         SECTION 2.02.  Section 20.061, Election Code, is amended to
  read as follows:
         Sec. 20.061.  APPLICABILITY OF OTHER PROVISIONS. The other
  provisions of this chapter apply to the Department of Public Safety
  except provisions that conflict with this subchapter or Section
  13.010.
         SECTION 2.03.  Section 20.062(b), Election Code, is amended
  to read as follows:
         (b)  The department shall prescribe and use a change of
  address form and procedure that combines department and voter
  registration functions. The form must allow a licensee or
  cardholder to indicate that [whether] the change of address is not
  [also to be used] for voter registration purposes.
         SECTION 2.04.  Section 20.063, Election Code, is amended to
  read as follows:
         Sec. 20.063.  REGISTRATION PROCEDURES. (a) The Department
  of Public Safety shall consider an application made in person, by
  mail, or online at the department's Internet website [provide to
  each person who applies in person at the department's offices] for
  an original or renewal of a driver's license, a personal
  identification card, or a duplicate or corrected license or card by
  a person who is eligible to vote as provided by Section 13.001 an
  application for [opportunity to complete a] voter registration.
  The date of application is considered to be the date of submission
  to the voter registrar for the purpose of determining the effective
  date of registration [application form].
         (b)  The Department of Public Safety shall consider a change
  of address that relates to [When the department processes] a
  license or card and that is submitted to [for renewal by mail,] the
  department [shall deliver to the applicant by mail a voter
  registration application form.
         [(c)  A change of address that relates to a license or card
  and that is submitted to the department] in person, [or] by mail, or
  online at the department's Internet website [serves] as a change in
  [of address for] voter registration [unless the licensee or
  cardholder indicates that the change is not for voter registration
  purposes]. The date of submission of a change of address to a
  department employee is considered to be the date of submission to
  the voter registrar for the purpose of determining the effective
  date of registration [only].
         (c)  The registration of an eligible [(d)  If a completed]
  voter as required by Subsections (a) and (b) is automatic unless the
  person indicates that the transaction is not for voter
  registration purposes [application submitted to a department
  employee does not include the applicant's correct driver's license
  number or personal identification card number, a department
  employee shall enter the appropriate information on the
  application. If a completed application does not include the
  applicant's correct residence address or mailing address, a
  department employee shall obtain the appropriate information from
  the applicant and enter the information on the application].
         SECTION 2.05.  Section 20.065(b), Election Code, is amended
  to read as follows:
         (b)  Each weekday the department is regularly open for
  business, the department shall electronically transfer to the
  secretary of state the name and information designated by the
  secretary of state for [of each person who completes a] voter
  registration for each individual who is eligible to vote as
  provided by Section 13.001 and applies in person, by mail, or online
  at the department's Internet website for an original or renewal of a
  driver's license, a personal identification card, or a duplicate or
  corrected license or card [application submitted to the
  department]. The secretary shall prescribe procedures necessary to
  implement this subsection.
         SECTION 2.06.  Chapter 63, Election Code, is amended by
  adding Section 63.010 to read as follows:
         Sec. 63.010.  REGISTRATION AT POLLING PLACE. (a) A person
  who would be eligible to vote in an election under Section 11.001,
  but for the requirement to be a registered voter, shall be accepted
  during voting by personal appearance for voting the ballot for the
  precinct of the person's residence as shown by the identification
  presented if, on the day the person offers to vote, the person:
               (1)  submits a voter registration application that
  complies with Section 13.002 to an election officer at the polling
  place; and
               (2)  presents as proof of residence a form of photo
  identification described by Section 63.0101(a) that states the
  person's current address.
         (b)  The election officer shall return the original proof of
  residence to the voter.
         (c)  A person voting under this section shall vote a
  provisional ballot in the manner provided by Section 63.011 except
  that the person is not required to submit the affidavit under
  Section 63.011(a).
         (d)  For each registration corresponding to a ballot cast
  under this section, the voter registrar shall review the
  application and determine whether the applicant is eligible for
  registration as provided by Subchapter C, Chapter 13. A
  registration approved under this subsection takes effect on the
  date the vote was cast.
         (e)  An election officer serving at a polling place, whether
  on election day or during the early voting period, is a deputy voter
  registrar and has the same authority as a regular deputy registrar.
         SECTION 2.07.  Section 85.031(a), Election Code, is amended
  to read as follows:
         (a)  For each person entitled to vote an early voting ballot
  by personal appearance or entitled to register at a polling place,
  the early voting clerk shall follow the procedure for accepting or
  registering a regular voter on election day, with the modifications
  necessary for the conduct of early voting.
  ARTICLE 3. VOTE BY MAIL
         SECTION 3.01.  Section 13.002(e), Election Code, is amended
  to read as follows:
         (e)  Notwithstanding Section 82.005, a [A] person who is
  certified for participation in the address confidentiality program
  administered by the attorney general under Subchapter B, Chapter
  58, Code of Criminal Procedure, is not eligible for early voting by
  mail [under Section 82.007] unless the person submits an
  application under this section by personal delivery. The secretary
  of state may adopt rules to implement this subsection.
         SECTION 3.02.  Section 82.005, Election Code, is amended to
  read as follows:
         Sec. 82.005.  ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
  APPEARANCE]. Any qualified voter is eligible for early voting by
  mail or personal appearance.
         SECTION 3.03.  Section 82.007, Election Code, is amended to
  read as follows:
         Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY
  PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter who,
  [is eligible for early voting by mail if:
               [(1) the voter submitted a registration application by
  personal delivery as required by Section 13.002(e); and
               [(2)] at the time the voter's early voting ballot
  application is submitted, [the voter] is certified for
  participation in the address confidentiality program administered
  by the attorney general under Subchapter B, Chapter 58, Code of
  Criminal Procedure, is eligible for early voting by mail only if the
  voter submitted a registration application by personal delivery as
  required by Section 13.002(e).
         SECTION 3.04.  Sections 84.001(a), (b), and (d), Election
  Code, are amended to read as follows:
         (a)  To be entitled to vote an early voting ballot by mail, a
  person [who is eligible for early voting] must make an application
  for an early voting ballot to be voted by mail as provided by this
  title.
         (b)  An application must be in writing and signed by the
  applicant. Except as provided by Section 84.0091, an [An]
  electronic signature is not permitted.
         (d)  An application must be submitted [by mail] to the early
  voting clerk for the election who serves the election precinct of
  the applicant's residence.
         SECTION 3.05.  Section 84.002(a), Election Code, as
  effective September 1, 2021, is amended 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;
               (2)  for an application for a ballot to be voted by mail
  by an applicant who will be absent from the applicant's [on the
  ground of absence from the] county of residence on election day, 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
  by an applicant who is 65 years of age or older on election day or
  has a sickness or physical condition that requires the applicant to
  reside in a hospital or nursing home or other long-term care
  facility, or with a relative [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
  by an applicant who is confined [on the ground of confinement] in
  jail as described by Section 84.009(a), 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
               (6)  [an indication of the ground of eligibility for
  early voting; and
               [(7)] for an application for a ballot to be voted by
  mail by an applicant who is civilly committed as a sexually violent
  predator under Chapter 841, Health and Safety Code, and is ordered
  as a condition of civil commitment to reside in a facility operated
  by or under contract with the Texas Civil Commitment Office [on the
  ground of involuntary civil commitment], the address of the
  facility operated by or under contract with the Texas Civil
  Commitment Office or of a person related to the applicant within the
  degree of consanguinity described by Subdivision (3).
         SECTION 3.06.  Section 84.007(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Sections 84.008, [and] 84.009, and
  84.0091, an application for a ballot to be voted by mail must be
  submitted as provided by this section.
         SECTION 3.07.  Section 84.009, Election Code, is amended by
  amending Subsection (a) and adding Subsection (b) to read as
  follows:
         (a)  This section applies only to an applicant who, at the
  time the application for a ballot to be voted by mail is submitted,
  is confined in jail:
               (1)  serving a misdemeanor sentence for a term that
  ends on or after election day;
               (2)  pending trial after denial of bail;
               (3)  without bail pending an appeal of a felony
  conviction; or
               (4)  pending trial or appeal on a bailable offense for
  which release on bail before election day is unlikely.
         (b)  On request of the applicant, an application for a ballot
  to be voted by mail [on the ground of confinement in jail] may be
  submitted to the early voting clerk, at the discretion of the
  authority in charge of the jail, by personal delivery by the jail
  authority or by a designated subordinate of the authority.
         SECTION 3.08.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0091 to read as follows:
         Sec. 84.0091.  SUBMITTING APPLICATION FOR BALLOT VOTED BY
  MAIL: ELECTRONIC SUBMISSION. The secretary of state shall
  implement a program to allow a person to complete an application for
  an early voting ballot by mail over the Internet from the official
  Internet website of this state. The program must:
               (1)  permit an applicant to electronically sign the
  application;
               (2)  deliver a completed application to the early
  voting clerk for the election who serves the election precinct of
  the applicant's residence; and
               (3)  permit an applicant to check the status of the
  applicant's application.
         SECTION 3.09.  Section 84.011(a), Election Code, as
  effective September 1, 2021, is amended to read as follows:
         (a)  The officially prescribed application form for an early
  voting ballot must include:
               (1)  immediately preceding the signature space the
  statement: "I certify that the information given in this
  application is true, and I understand that giving false information
  in this application is a crime.";
               (2)  a statement informing the applicant of the
  offenses prescribed by Sections 84.003 and 84.004;
               (3)  spaces for entering an applicant's voter
  registration number and county election precinct of registration,
  with a statement informing the applicant that failure to furnish
  that information does not invalidate the application; 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 whether
  the applicant will be absent from the applicant's county of
  residence on election day and, if applicable, 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 who is 65
  years of age or older on election day or has a sickness or physical
  condition that requires the applicant to reside in a hospital or
  nursing home or other long-term care facility, or with a relative,
  [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 who is
  confined [applying on the ground of confinement] in jail as
  described by Section 84.009(a) or who is civilly committed as a
  sexually violent predator under Chapter 841, Health and Safety
  Code, and ordered as a condition of civil commitment to reside in a
  facility operated by or under contract with the Texas Civil
  Commitment Office, [involuntary civil commitment] to indicate that
  the address to which the ballot is to be mailed is the address of a
  relative described by Section 84.002(a)(4) or (6) [(7)], if
  applicable;
                     (F)  a space for an applicant [applying on the
  ground of age or disability] to indicate if the application is an
  application under Section 86.0015;
                     (G)  spaces for entering the signature, printed
  name, and residence address of any person assisting the applicant;
                     (H)  a statement informing the applicant of the
  condition prescribed by Section 81.005; and
                     (I)  a statement informing the applicant of the
  requirement prescribed by Section 86.003(c).
         SECTION 3.10.  Sections 84.032(c) and (d), Election Code,
  are 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;
  or
                     (C)  received a notice of defect under Section
  87.0411(b).
         (d)  An applicant may also submit a request by appearing in
  person and returning the ballot to be voted by mail or presenting a
  notice received under Section 86.006(h) or 87.0411(b) to:
               (1)  the early voting clerk or deputy early voting
  clerk at any polling place that is open for early voting by personal
  appearance; or
               (2)  the presiding election judge on election day at
  the applicant's precinct polling place.
         SECTION 3.11.  Sections 86.001(b) and (c), Election Code,
  are amended to read as follows:
         (b)  If the application complies with the applicable
  requirements prescribed by this title [applicant is entitled to
  vote an early voting ballot by mail], the clerk shall provide an
  official ballot to the applicant as provided by this chapter.
         (c)  Except as provided by Section 86.008, if the applicant
  is not entitled to vote in the election [by mail], the clerk shall
  reject the application, enter on the application "rejected" and the
  reason for and date of rejection, and deliver written notice of the
  reason for the rejection to the applicant at both the residence
  address and mailing address on the application. A ballot may not be
  provided to an applicant whose application is rejected.
         SECTION 3.12.  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 3.13.  Section 86.003(c), Election Code, as
  effective September 1, 2021, 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
  application to vote early by mail indicates that the voter [ground
  for voting by mail is]:
               (1)  will be absent from the voter's [absence from the]
  county of residence on election day, in which case the address must
  be an address outside the voter's county of residence;
               (2)  is confined [confinement] in jail as described by
  Section 84.009(a), in which case the address must be the address of
  the jail or of a relative described by Section 84.002(a)(4);
               (3)  is 65 years of age or older on election day or has a
  sickness or physical condition that requires the applicant to
  reside in a hospital or nursing home or other long-term care
  facility, or with a relative, [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; or
               (4)  is civilly committed as a sexually violent
  predator under Chapter 841, Health and Safety Code, and ordered as a
  condition of civil commitment to reside in a facility operated by or
  under contract with the Texas Civil Commitment Office [involuntary
  civil commitment], in which case the address must be the address of
  the facility or of a relative described by Section 84.002(a)(6)
  [84.002(a)(7)].
         SECTION 3.14.  Section 86.004(b), Election Code, is amended
  to read as follows:
         (b)  For an election to which Section 101.104 applies, the
  balloting materials for a voter who indicates on the application
  for a ballot to be voted by mail or the federal postcard application
  that the voter seeks [is eligible] to vote early by mail as a
  consequence of the voter's being outside the United States shall be
  mailed on or before the later of the 45th day before election day or
  the seventh calendar day after the date the clerk receives the
  application. However, if it is not possible to mail the ballots by
  the deadline of the 45th day before election day, the clerk shall
  notify the secretary of state within 24 hours of knowing that the
  deadline will not be met. The secretary of state shall monitor the
  situation and advise the clerk, who shall mail the ballots as soon
  as possible in accordance with the secretary of state's guidelines.
         SECTION 3.15.  Section 87.027(i), Election Code, is amended
  to read as follows:
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  voter. The committee may also compare the signatures with any 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. As
  soon as practicable, but in no event more than one business day,
  after the committee discovers that a voter did not sign the carrier
  envelope certificate or determines that the signature on the
  voter's ballot application or certificate is not that of the voter,
  the committee chair shall deliver the jacket envelope, carrier
  envelope, and application of the voter to the early voting ballot
  board. The committee chair shall deliver the jacket envelopes,
  carrier envelopes, and applications of voters whose signatures are
  those of the voter [sorted materials] to the early voting ballot
  board at the time specified by the board's presiding judge.
         SECTION 3.16.  Sections 87.041(b) and (d), Election Code,
  are amended to read as follows:
         (b)  Except as provided by Section 87.0411(h), a [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;
               (4)  [(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
               (5) [(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.
         (d)  Except as provided by Section 87.0411(h), a [A] ballot
  shall be rejected if any requirement prescribed by Subsection (b)
  is not satisfied. In that case, the board shall indicate the
  rejection by entering "rejected" on the carrier envelope and on the
  corresponding jacket envelope.
         SECTION 3.17.  Subchapter C, Chapter 87, Election Code, is
  amended by adding Section 87.0411 to read as follows:
         Sec. 87.0411.  OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
  BALLOT BOARD. (a) This section applies to an early voting ballot
  voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter; or
               (3)  that does not contain a statement of residence
  form if required under Section 86.002(a).
         (b)  Before deciding whether to accept or reject a ballot
  under Section 87.041, the early voting ballot board shall notify a
  voter within one business day of the discovery of a defect under
  Subsection (a) to advise the voter of the defect and provide the
  voter an opportunity to correct the defect by providing:
               (1)  if the defect involves the voter's signature:
                     (A)  the following identification:
                           (i)  the identification number from an
  unexpired driver's license, election identification certificate,
  or personal identification card issued to the voter by the
  Department of Public Safety;
                           (ii)  the last four digits of the voter's
  social security number; or
                           (iii)  if the voter does not possess any
  identification described by Subparagraph (i) or (ii), a form of
  identification described by Section 63.0101; and
                     (B)  a signed cure attestation in a form
  prescribed by the secretary of state stating that the ballot at
  issue is that of the voter; or
               (2)  if the defect involves a required statement of
  residence form, a signed and completed statement of residence form.
         (c)  Subsection (b) does not apply if the early voting ballot
  board determines that it would be impossible to correct the defect
  before the ninth day after the date of the election.
         (d)  A voter may submit materials listed under Subsection (b)
  to the early voting clerk by:
               (1)  personal delivery;
               (2)  mail;
               (3)  e-mail; or
               (4)  telephonic facsimile machine, if a machine is
  available in the clerk's office.
         (e)  The notice under Subsection (b) must:
               (1)  inform the voter that the voter's vote will not be
  counted unless the voter submits the materials listed under
  Subsection (b) not later than the ninth day after the date of the
  election;
               (2)  instruct the voter on the methods of returning the
  materials listed under Subsection (b);
               (3)  include a copy of the cure attestation or
  statement of residence in the form prescribed by the secretary of
  state; and
               (4)  direct the voter to the location of the cure
  attestation or statement of residence form on the secretary of
  state's Internet website.
         (f)  The early voting ballot board shall provide notice to
  the voter under Subsection (b) by mail and any other method
  reasonably calculated to provide sufficient time for the voter to
  submit the required materials before the deadline prescribed by
  this section.
         (g)  The early voting ballot board is not required to provide
  notice under Subsection (b) if the board makes a determination
  under Section 87.027(j) that the signature on the carrier envelope
  certificate and ballot application are those of the voter.
         (h)  If the early voting ballot board does not provide notice
  to the voter under Subsection (b) and the ballot meets the
  requirements of Sections 87.041(b)(1), (3), (4), and (5), the board
  shall accept the ballot in the manner provided by Section 87.042.
         (i)  The secretary of state shall:
               (1)  prominently display and maintain on the main page
  of the secretary's Internet website a link to blank versions of the
  statement of residence form and the cure attestation described by
  Subsection (b); and
               (2)  adopt rules and prescribe forms as necessary to
  implement this section.
         (j)  A statement of residence form or a cure attestation
  prescribed under this section must include clear instructions for
  completion and notice of the penalties associated with election
  fraud and voting more than once in an election. The cure attestation
  and statement of residence may not require the voter to have the
  form notarized or signed by a witness.
         (k)  The signature provided by the voter on a cure
  attestation or a statement of residence form shall be placed on file
  with the county clerk or voter registrar to allow its use for future
  signature comparison as provided by Sections 87.027(i) and
  87.041(e).
         SECTION 3.18.  Section 102.001(a), Election Code, is amended
  to read as follows:
         (a)  A qualified voter is eligible to vote a late ballot as
  provided by this chapter if the voter has a sickness or physical
  condition [described by Section 82.002] that prevents the voter
  from appearing at the polling place on election day without a
  likelihood of needing personal assistance or of injuring the
  voter's health and originates on or after the day before the last
  day for submitting an application for a ballot to be voted by mail.
  ARTICLE 4. POLLING PLACES
         SECTION 4.01.  Sections 43.007(c) and (d), Election Code,
  are amended to read as follows:
         (c)  In conducting the program, the secretary of state shall
  provide for an audit of the voting system equipment [direct
  recording electronic voting units] before and after the election,
  and during the election to the extent such an audit is practicable.
         (d)  The secretary of state shall select to participate in
  the program each county that:
               (1)  has held a public hearing under Subsection (b);
               (2)  has submitted documentation listing the steps
  taken to solicit input on participating in the program by
  organizations or persons who represent the interests of voters;
               (3)  has implemented a computerized voter registration
  list that allows an election officer at the polling place to verify
  that a voter has not previously voted in the election;
               (4)  uses direct recording electronic voting machines,
  ballot marking devices, or hand-marked scannable paper ballots that
  are printed and scanned at the polling place or any other type of
  voting system equipment that the secretary of state determines is
  capable of processing votes for each type of ballot to be voted in
  the county; and
               (5)  is determined by the secretary of state to have the
  appropriate technological capabilities.
         SECTION 4.02.  Subchapter A, Chapter 43, Election Code, is
  amended by adding Section 43.008 to read as follows:
         Sec. 43.008.  CAMPUS POLLING PLACES. (a) In this section,
  "institution of higher education" has the meaning assigned by
  Section 61.003, Education Code.
         (b)  The commissioners court of a county shall designate as a
  polling place a number of locations on the main campus of an
  institution of higher education located in the county as follows:
               (1)  if at least 5,000 but fewer than 10,000 students
  are enrolled at the institution, one location; or
               (2)  if at least 10,000 students are enrolled at the
  institution, two locations and one additional location for every
  10,000 students enrolled at the institution over 10,000 students.
         SECTION 4.03.  Section 85.005(c), Election Code, is amended
  to read as follows:
         (c)  In a county with a population of 30,000 [100,000] or
  more, the voting in a primary election or the general election for
  state and county officers shall be conducted at the main early
  voting polling place for at least 12 hours on each weekday of the
  last week of the early voting period, and the voting in a special
  election ordered by the governor shall be conducted at the main
  early voting polling place for at least 12 hours on each of the last
  two days of the early voting period. Voting shall be conducted in
  accordance with this subsection in those elections in a county with
  a population under 30,000 [100,000] on receipt by the early voting
  clerk of a written request for the extended hours submitted by at
  least 15 registered voters of the county. The request must be
  submitted in time to enable compliance with Section 85.067.
         SECTION 4.04.  Section 85.006(e), Election Code, is amended
  to read as follows:
         (e)  In a primary election or the general election for state
  and county officers in a county with a population of 30,000
  [100,000] or more, the early voting clerk shall order personal
  appearance voting at the main early voting polling place to be
  conducted for at least 12 hours on the last Saturday and for at
  least five hours on the last Sunday of the early voting period. The
  early voting clerk shall order voting to be conducted at those times
  in those elections in a county with a population under 30,000
  [100,000] on receipt of a written request for those hours submitted
  by at least 15 registered voters of the county. The request must be
  submitted in time to enable compliance with Section 85.007. This
  subsection supersedes any provision of this subchapter to the
  extent of any conflict.
  ARTICLE 5. VOTING BY PERSONAL APPEARANCE
         SECTION 5.01.  Section 13.002(i), Election Code, as
  effective September 1, 2021, is amended to read as follows:
         (i)  An applicant who wishes to receive an exemption from the
  requirements of Section 63.001(b) on the basis of disability must
  submit:
               (1)  written documentation:
                     (A)  from the United States Social Security
  Administration evidencing the applicant has been determined to have
  a disability; or
                     (B)  from the United States Department of Veterans
  Affairs evidencing the applicant has a disability rating of at
  least 50 percent; and
               (2)  a statement in a form prescribed by the secretary
  of state that the applicant does not have [a form of] identification
  required by Section 63.001(b) in a form described by [acceptable
  under] Section 63.0101.
         SECTION 5.02.  Sections 63.001(b) and (i), 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)(1), (2), or (3) [63.0101(b)] accompanied by the
  declaration described by Subsection (i);
               (3)  two forms of identification listed under Section
  63.0101(b), including one form that contains the voter's current
  address; or
               (4)  two forms of identification listed under Section
  63.0101(b)(4) accompanied by the declaration described by
  Subsection (i).
         (i)  If the requirement for identification prescribed by
  Subsection (b)(1) or (3) is not met, an election officer shall
  notify the voter that the voter may be accepted for voting if the
  voter meets the requirement for identification prescribed by
  Subsection (b)(2) or (4) and executes a declaration declaring the
  voter has a reasonable impediment to meeting the requirement for
  identification prescribed by Subsection (b)(1) or (3). A person is
  subject to prosecution for perjury under Chapter 37, Penal Code, or
  Section 63.0013 for a false statement or false information on the
  declaration. The secretary of state shall prescribe the form of the
  declaration. The form shall include:
               (1)  a notice that a person is subject to prosecution
  for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
  false statement or false information on the declaration;
               (2)  a statement that the voter swears or affirms that
  the information contained in the declaration is true, that the
  person described in the declaration is the same person appearing at
  the polling place to sign the declaration, and that the voter faces
  a reasonable impediment to procuring the identification prescribed
  by Subsection (b)(1) or (3);
               (3)  a place for the voter to indicate one of the
  following impediments:
                     (A)  lack of transportation;
                     (B)  lack of birth certificate or other documents
  needed to obtain the identification prescribed by Subsection
  (b)(1);
                     (C)  work schedule;
                     (D)  lost or stolen identification;
                     (E)  disability or illness;
                     (F)  family responsibilities; and
                     (G)  the identification prescribed by Subsection
  (b)(1) or (3) has been applied for but not received;
               (4)  a place for the voter to sign and date the
  declaration;
               (5)  a place for the election judge to sign and date the
  declaration;
               (6)  a place to note the polling place at which the
  declaration is signed; and
               (7)  a place for the election judge to note which form
  of identification prescribed by Subsection (b)(2) or (4) the voter
  presented.
         SECTION 5.03.  Sections 63.0101(a) and (b), Election Code,
  are 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 tribal document that:
                     (A)  contains the voter's photograph and address;
  and
                     (B)  is issued by a tribe that is federally
  recognized and located in this state; or
               (7)  any other official government document issued to
  the voter and containing the voter's name, address, and photograph.
         (b)  The following documentation is acceptable as proof of
  identification under this chapter:
               (1)  a government document that shows the name and
  address of the voter, including the voter's voter registration
  certificate;
               (2)  one of the following documents that shows the name
  and address of the voter:
                     (A)  a copy of a current utility bill;
                     (B)  a bank or credit union statement;
                     (C)  a government check; or
                     (D)  a paycheck or pension plan statement; [or]
               (3)  a certified copy of a domestic birth certificate
  or other document confirming birth that is admissible in a court of
  law and establishes the voter's [person's] identity; or
               (4)  two of the following documents issued or delivered
  to the voter, one of which must contain the name and address of the
  voter:
                     (A)  a Medicare, Medicaid, or Department of
  Veterans Affairs identification card or other health insurance
  identification card;
                     (B)  a Department of Defense identification card;
                     (C)  a social security identification card;
                     (D)  a credit or debit card;
                     (E)  a student identification card issued by a
  public or private high school or institution of higher education;
                     (F)  a Texas Department of Criminal Justice
  document indicating release or parole;
                     (G)  a fishing or hunting license;
                     (H)  a lease or mortgage for real property;
                     (I)  a motor vehicle title;
                     (J)  an insurance certificate, policy
  declaration, or other document demonstrating proof of insurance;
                     (K)  an official Native American tribal document
  that is issued by a tribe that is federally recognized and located
  in this state;
                     (L)  a property tax assessment;
                     (M)  a letter of confirmation of residence, letter
  of stay, admission form, or statement of benefits from:
                           (i)  a student residence at a public or
  private institution of higher education;
                           (ii)  a nursing home or other long-term care
  facility or a retirement center; or
                           (iii)  a shelter.
                     (N)  a document listed in Subdivision (1), (2), or
  (3); or
                     (O)  another government document containing the
  voter's name.
         SECTION 5.04.  Section 63.011(b), Election Code, is amended
  to read as follows:
         (b)  A form for an affidavit required by this section must be
  printed on an envelope in which the provisional ballot voted by the
  person may be placed and must include:
               (1)  a space for entering the identification number of
  the provisional ballot voted by the person; and
               (2)  a space for an election officer to indicate
  whether the person presented [a form of] identification required by
  Section 63.001(b) in a form described by Section 63.0101.
         SECTION 5.05.  Section 64.012, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  It is an exception to the application of Subsection
  (a)(1) that the person:
               (1)  voted or attempted to vote a provisional ballot in
  accordance with Section 63.011; and
               (2)  did not know:
                     (A)  of the particular circumstances that made the
  person not eligible to vote in the election; or
                     (B)  that those circumstances made the person not
  eligible to vote in the election.
         SECTION 5.06.  Section 65.0541(a), Election Code, is amended
  to read as follows:
         (a)  A voter who is accepted for provisional voting under
  Section 63.011 because the voter does not meet the identification
  requirements of Section 63.001(b) may, not later than the sixth day
  after the date of the election:
               (1)  present [a form of] identification required by
  Section 63.001(b) in a form described by Section 63.0101 to the
  voter registrar for examination; or
               (2)  execute an affidavit described by Section
  65.054(b)(2)(B) or (C) in the presence of the voter registrar.
         SECTION 5.07.  Section 85.001(a), Election Code, is amended
  to read as follows:
         (a)  The period for early voting by personal appearance
  begins on the 21st [17th] day before election day and continues
  through the fourth day before election day, except as otherwise
  provided by this section.
         SECTION 5.08.  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 identification required by Section 63.001(b) in a [an
  acceptable] form [of identification] described by Section 63.0101.
         SECTION 5.09.  Section 662.003(b), Government Code, is
  amended to read as follows:
         (b)  A state holiday includes only the following days:
               (1)  the 19th day of January, "Confederate Heroes Day,"
  in honor of Jefferson Davis, Robert E. Lee, and other Confederate
  heroes;
               (2)  the second day of March, "Texas Independence Day";
               (3)  the 21st day of April, "San Jacinto Day";
               (4)  the 19th day of June, "Emancipation Day in Texas,"
  in honor of the emancipation of the slaves in Texas in 1865;
               (5)  the 27th day of August, "Lyndon Baines Johnson
  Day," in observance of the birthday of Lyndon Baines Johnson;
               (6)  the Friday after Thanksgiving Day;
               (7)  the 24th day of December; [and]
               (8)  the 26th day of December; and
               (9)  the first Tuesday after the first Monday in
  November of an even-numbered year.
         SECTION 5.10.  Section 662.021, Government Code, is amended
  to read as follows:
         Sec. 662.021.  DATES OF HOLIDAYS. A legal holiday includes
  only the following days:
               (1)  a national holiday under Section 662.003(a); and
               (2)  a state holiday under Sections 662.003(b)(1)
  through (6) and Section 662.003(b)(9).
  ARTICLE 6. VOLUNTEER DEPUTY REGISTRARS
         SECTION 6.01.  Section 13.031, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A volunteer deputy registrar appointed under this
  section may serve as a volunteer deputy registrar throughout the
  state regardless of which county appointed the deputy registrar.
  The secretary of state shall prescribe procedures to implement this
  subsection.
         SECTION 6.02.  Section 13.033(b), Election Code, is amended
  to read as follows:
         (b)  If a person is to be appointed, the registrar shall
  prepare a certificate of appointment in duplicate containing:
               (1)  the date of appointment;
               (2)  the statement: "I, ____________, Voter Registrar
  for ____________ County, do hereby appoint ____________ as a
  volunteer deputy registrar [for ____________ County].";
               (3)  the person's residence address;
               (4)  the person's voter registration number, if any;
               (5)  a statement that the term of the appointment
  expires December 31 of an even-numbered year; and
               (6)  a statement that the appointment terminates on the
  person's final conviction for an offense for failure to deliver a
  registration application and may terminate on the registrar's
  determination that the person failed to adequately review a
  registration application, intentionally destroyed or physically
  altered a registration application, or engaged in any other
  activity that conflicts with the responsibilities of a volunteer
  deputy registrar under this chapter.
         SECTION 6.03.  Section 13.037(a), Election Code, is amended
  to read as follows:
         (a)  A person may not receive compensation from any [the]
  county for service as a volunteer deputy registrar unless
  compensation is authorized by the commissioners court of that
  county.
         SECTION 6.04.  Section 13.038, Election Code, is amended to
  read as follows:
         Sec. 13.038.  POWERS GENERALLY. (a) A volunteer deputy
  registrar may distribute voter registration application forms
  throughout the county and receive registration applications
  submitted to the deputy in person.
         (b)  A volunteer deputy registrar may distribute a voter
  registration application in the form prescribed by the secretary of
  state under Section 31.002 throughout the state and receive an
  application in that form submitted to the deputy in person,
  regardless of the county in which the application was printed.
         (c)  The secretary of state shall prescribe procedures to
  implement this section.
  ARTICLE 7. UNOPPOSED CANDIDATES
         SECTION 7.01.  Section 2.053(a), Election Code, is amended
  to read as follows:
         (a)  On receipt of the certification, the governing body of
  the political subdivision by order or ordinance shall [may] declare
  each unopposed candidate elected to the office. If no election is to
  be held on election day by the political subdivision, a copy of the
  order or ordinance shall be posted on election day at each polling
  place used or that would have been used in the election.
         SECTION 7.02.  Section 2.056(c), Election Code, is amended
  to read as follows:
         (c)  A certifying authority shall [may] declare a candidate
  elected to an office of the state or county government if, were the
  election held, only the votes cast for that candidate in the
  election for that office may be counted.
         SECTION 7.03.  Section 52.092(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Section 2.053(c) or 2.056(e), for
  [For] an election at which offices regularly filled at the general
  election for state and county officers are to appear on the ballot,
  the offices shall be listed in the following order:
               (1)  offices of the federal government;
               (2)  offices of the state government:
                     (A)  statewide offices;
                     (B)  district offices;
               (3)  offices of the county government:
                     (A)  county offices;
                     (B)  precinct offices.
  ARTICLE 8. ELECTION OFFICIALS, VOLUNTEERS, AND POLL WATCHERS
         SECTION 8.01.  Subchapter D, Chapter 32, Election Code, is
  amended by adding Section 32.077 to read as follows:
         Sec. 32.077.  SUITS AGAINST ELECTION OFFICERS. A person may
  only bring a legal action, including a petition for a writ of
  mandamus, against an election officer in that officer's official
  capacity if the act that is the subject of the legal action is
  related to the exercise of an official duty of the election officer.
         SECTION 8.02.  Subchapter B, Chapter 33, Election Code, is
  amended by adding Section 33.036 to read as follows:
         Sec. 33.036.  TRAINING. (a) To be eligible to serve as a
  watcher, a person must complete the training required of election
  judges under Subchapter F, Chapter 32.
         (b)  The secretary of state shall adopt rules to implement
  this section.
         SECTION 8.03.  Section 33.051, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Before accepting a watcher, the officer presented with a
  watcher's certificate of appointment shall require the watcher to
  take the following oath, administered by the officer: "I swear (or
  affirm) that I will not disrupt the voting process or harass voters
  in the discharge of my duties."
  ARTICLE 9. REPEALERS
         SECTION 9.01.  The following provisions of the Election Code
  are repealed:
               (1)  Section 43.007(i);
               (2)  Section 82.001;
               (3)  Section 82.002;
               (4)  Section 82.003;
               (5)  Section 82.004;
               (6)  Section 82.008, as effective September 1, 2021;
               (7)  Section 84.002(b);
               (8)  Section 84.002(c), as effective September 1, 2021;
  and
               (9)  Section 112.002(b).
  ARTICLE 10. TRANSITION AND EFFECTIVE DATE
         SECTION 10.01.  (a) The changes in law made by this Act apply
  only to an offense committed on or after the effective date of this
  Act. An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For purposes
  of this section, an offense was committed before the effective date
  of this Act if any element of the offense occurred before that date.
         (b)  The changes in law made by this Act apply only to an
  election ordered on or after the effective date of this Act. An
  election ordered before the effective date of this Act is governed
  by the law in effect when the election was ordered, and the former
  law is continued in effect for that purpose.
         (c)  The changes in law made by this Act apply only to an
  application to vote an early voting ballot by mail submitted on or
  after the effective date of this Act. An application to vote an
  early voting ballot by mail submitted before the effective date of
  this Act is governed by the law in effect when the application was
  submitted, and the former law is continued in effect for that
  purpose.
         (d)  The changes in law made by this Act apply only to an
  application for voter registration submitted on or after the
  effective date of this Act.
         SECTION 10.02.  This Act takes effect on the 91st day after
  the last day of the legislative session.

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