Bill Text: TX SB9 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to election integrity; increasing criminal penalties; creating criminal offenses; creating civil penalties.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2019-05-19 - Committee report sent to Calendars [SB9 Detail]

Download: Texas-2019-SB9-Engrossed.html

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By: Hughes, Hall S.B. No. 9

A BILL TO BE ENTITLED
AN ACT
relating to election integrity; increasing criminal penalties;
creating a criminal offense; creating civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CRIMINAL PROVISIONS
SECTION 1.01. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sexual offense
against five or more victims;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) Medicaid fraud under Section 35A.02, Penal
Code; or
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; [or]
(E) insurance fraud; or
(F) a felony offense under the Election Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 1.02. Section 1.018, Election Code, is amended to
read as follows:
Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4
[In addition to Section 1.03, Penal Code, and to other titles of the
Penal Code that may apply to this code, Title 4], Penal Code, apply
[applies] to offenses prescribed by this code.
SECTION 1.03. Sections 13.007(b) and (c), Election Code,
are amended to read as follows:
(b) An offense under this section is a state jail felony
[Class B misdemeanor].
(c) If conduct that constitutes an offense under this
section also constitutes an offense under other law, the actor may
be prosecuted under this section, the other law, or both. [For
purposes of this code, an offense under this section is considered
to be perjury, but may be prosecuted only under this section.]
SECTION 1.04. 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). A representative from each political party
required to nominate candidates by primary election, if present at
the polling place, shall sign a tape printed under Subsection (a).
(c) The commissioners court of a county that participates in
the countywide polling place program under Section 43.007 may apply
to the secretary of state for a waiver of the requirements of
Subsections (a) and (b) in a form prescribed by the secretary of
state. If the secretary of state grants the waiver, Subsections (a)
and (b) do not apply to the county for which the waiver was granted.
(d) A presiding election judge commits an offense if the
judge is required to comply with Subsection (a) and fails to comply
with the requirements of that subsection. An offense under this
section is a Class B misdemeanor.
(e) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
SECTION 1.05. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.0045 to read as follows:
Sec. 61.0045. IMPEDING ACCESS TO POLLING PLACE. (a) A
person commits an offense if the person impedes a walkway,
sidewalk, parking lot, or roadway within 500 feet of a polling place
in a manner that hinders a person from entering the polling place.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under this section that
at the time of the offense, the person was performing an official
duty as a first responder.
(d) In this section, "first responder" has the meaning
assigned by Section 421.095, Government Code.
SECTION 1.06. Subchapter A, Chapter 64, Election Code, is
amended by adding Section 64.0101 to read as follows:
Sec. 64.0101. UNLAWFULLY TAKING BALLOT. (a) A person
commits an offense if the person takes from a voter without the
voter's permission a ballot that was provided at the polling place
to the voter.
(b) An offense under this section is a Class B misdemeanor,
unless the person is serving as a watcher under Subchapter A,
Chapter 33, at the time of the offense, in which case it is a Class A
misdemeanor.
(c) It is a defense to prosecution under this section that
the person was an election officer performing an official duty at
the time the person took the ballot.
SECTION 1.07. Section 64.012, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) It is sufficient for the purposes of Subsection (a)(1)
to establish that the person had knowledge of the person's
ineligibility to vote if the person was aware of the facts or
circumstances causing the person's ineligibility under this code.
(d) It is not a defense to prosecution that the ballot was
not finally counted.
SECTION 1.08. Section 64.036(d), Election Code, is amended
to read as follows:
(d) An offense under this section is a state jail felony
[Class A misdemeanor].
SECTION 1.09. Section 65.014, Election Code, is amended by
amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3),
and (c-4) to read as follows:
(c) The returns shall be prepared as an original and four
[three] copies, and on completing the returns, the presiding judge
shall sign each one to certify its accuracy.
(c-1) Any watcher present at the polling place must be
allowed to inspect and sign each copy of the returns, and may
request an additional copy to be printed for the watcher's records.
The requirements of this subsection must be completed before any
voting system equipment is removed from the polling place.
(c-2) The presiding judge shall publicly post at the polling
place one of the copies printed under Subsection (c) before the
presiding judge leaves the premises.
(c-3) The commissioners court of a county that participates
in the countywide polling place program under Section 43.007 may
apply to the secretary of state for a waiver of the requirements of
Subsections (c-1) and (c-2) in a form prescribed by the secretary of
state. If the secretary of state grants the waiver, Subsections
(c-1) and (c-2) do not apply to the county for which the waiver was
granted.
(c-4) A presiding judge commits an offense if the judge is
required to comply with Subsections (c-1) and (c-2) and fails to
comply with those subsections. An offense under this subsection is
a Class B misdemeanor.
SECTION 1.10. Subchapter A, Chapter 273, Election Code, is
amended by adding Section 273.005 to read as follows:
Sec. 273.005. DEFENSE TO PROSECUTION FOR PERSON CONDUCTING
INVESTIGATION UNDER THIS CODE. It is a defense to prosecution of an
offense under this code that a person employed by a law enforcement
agency in the commission of the offense is engaged in:
(1) the investigation or prosecution of a violation of
a law under this code; or
(2) official activities investigating a weakness in
the electoral process.
SECTION 1.11. Section 276.001, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), an [An] offense
under this section is a felony of the third degree.
(c) An offense under Subsection (a)(1) is a felony of the
second degree if the person is serving as a watcher under Subchapter
A, Chapter 33, at the time of the offense.
SECTION 1.12. (a) The change in law made by this article in
amending Article 12.01, Code of Criminal Procedure, does not apply
to an offense if the prosecution of that offense becomes barred by
limitation before the effective date of this Act. The prosecution
of that offense remains barred as if this article had not taken
effect.
(b) The changes in law made by this article 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.
ARTICLE 2. VOTERS, ASSISTANTS, AND WATCHERS
SECTION 2.01. Section 13.002, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) An application may not be accepted if, at the time the
applicant received the application, a box on the application was
marked to indicate that the applicant:
(1) is a United States citizen; or
(2) will be 18 years of age or older on election day.
SECTION 2.02. Section 33.004(b), Election Code, is amended
to read as follows:
(b) To be eligible to participate in the appointment under
this section of a watcher for a precinct polling place, a person
must be a registered voter of the precinct. To be eligible to
participate in the appointment under this section of a watcher for
an early voting polling place, the meeting place of an early voting
ballot board or signature verification committee, or a central
counting station, a person must be a registered voter of the
territory served by that facility.
SECTION 2.03. 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;
(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 use [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
except as permitted by Section 61.014(b).
SECTION 2.04. Section 33.007(a), Election Code, is amended
to read as follows:
(a) Each appointing authority may appoint not more than two
watchers for each precinct polling place, meeting place for an
early voting ballot board or signature verification committee, or
central counting station involved in the election.
SECTION 2.05. Section 33.051(a), Election Code, is amended
to read as follows:
(a) A watcher appointed to serve at a precinct polling
place, a meeting place for an early voting ballot board or signature
verification committee, or a central counting station must deliver
a certificate of appointment to the presiding judge at the time the
watcher reports for service. A watcher appointed to serve at an
early voting polling place must deliver a certificate of
appointment to the early voting clerk or deputy clerk in charge of
the polling place when the watcher first reports for service.
SECTION 2.06. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
watcher serving at the meeting place of an early voting ballot board
or signature verification committee may be present at any time the
board or committee is processing or counting ballots and until the
board or committee completes its duties. The watcher may serve
during the hours the watcher chooses, except as provided by
Subsection (b).
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
recorded any votes cast on voting machines or counted any ballots,
unless the board has completed its duties and has been dismissed by
the presiding judge.
SECTION 2.07. Section 33.056, Election Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) A watcher serving at the meeting place of an early
voting ballot board or signature verification committee is entitled
to inspect a form submitted in accordance with Section 64.0322.
(f) A watcher serving at a polling place is entitled to
inspect any identifying documentation presented by a person
assisting a voter in accordance with Subchapter B, Chapter 64.
SECTION 2.08. Section 33.057, Election Code, is amended to
read as follows:
Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT.
(a) In this section, "family member" means a person related to the
voter within the second degree by affinity or third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code.
(b) A watcher or election officer is entitled to be present
at the voting station when a voter is being assisted by a person who
is not a family member [an election officer], and the watcher or
election officer is entitled to examine the ballot before it is
deposited in the ballot box to determine whether it is prepared in
accordance with the voter's wishes.
(c) [(b)] A watcher or election officer may not be present
at the voting station when a voter is preparing the voter's ballot
or is being assisted by a family member [person of the voter's
choice].
SECTION 2.09. Section 33.060(a), Election Code, is amended
to read as follows:
(a) On request of a watcher, an election officer who
delivers election records from a precinct polling place, an early
voting polling place, a meeting place for an early voting ballot
board or signature verification committee, or a central counting
station shall permit the watcher appointed to serve at that
location to accompany the officer in making the delivery.
SECTION 2.10. Section 61.014(b), Election Code, is amended
to read as follows:
(b) A person, other than a watcher solely recording the
counting of ballots, may not use any mechanical or electronic means
of recording images or sound within 100 feet of a voting station.
SECTION 2.11. Section 64.009, Election Code, is amended by
adding Subsections (e), (f), and (g) to read as follows:
(e) A person who assists at least three voters voting under
this section at the same time by providing the voters with
transportation to the polling place must complete and sign a form
that:
(1) requires the person to affirm that the voters are
physically unable to enter the polling place without personal
assistance or likelihood of injuring their health; and
(2) contains the following information:
(A) the person's name and address; and
(B) whether the person is providing assistance to
the voters solely under this section or under both this section and
Subchapter B.
(f) Subsection (e) does not apply to a person if the person
is a family member of all voters that the person provides with
transportation to the polling place. For purposes of this
subsection, "family member" has the meaning assigned by Section
33.057(a).
(g) The secretary of state shall prescribe the form
described by Subsection (e).
SECTION 2.12. 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) Before
a person, other than an election officer, assists a voter in
accordance with this chapter, the person must complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the manner in which the voter requires assistance;
(3) the reason the assistance is necessary; and
(4) the relationship of the assistant to the voter.
(b) 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 before the voter may be accepted
for voting if the voter is voting at a polling place or under
Section 64.009.
(c) An election officer may, at the officer's discretion,
make a copy of a form submitted under this section and deliver the
copy to the secretary of state.
SECTION 2.13. Section 84.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An application for a ballot to be voted by mail on the
ground of disability must require the applicant to affirmatively
indicate that the applicant agrees with the statement "I have a
sickness or physical condition that prevents me from appearing at a
polling place on election day without needing personal assistance
or injuring my health," as prescribed by Section 82.002(a).
SECTION 2.14. 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;
(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); and
(J) a statement informing the applicant that
expected or likely confinement for childbirth on election day is
sufficient cause to entitle a voter to vote under Section
82.002(a).
SECTION 2.15. Section 86.013(f), Election Code, is amended
to read as follows:
(f) The oath of a person assisting a voter and the form
described by Section 64.0322(a) must be included on the official
carrier envelope as part of the certificate prescribed by
Subsection (c).
SECTION 2.16. Section 213.013(i), Election Code, is amended
to read as follows:
(i) 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 is a watcher or 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.
ARTICLE 3. ELECTION CONTESTS
SECTION 3.01. Section 232.006(a), Election Code, is amended
to read as follows:
(a) The venue of an election contest for a statewide office
is in Travis County or any county where a contestee resided at the
time of the election. For purposes of this section, a contestee's
residence is determined under Section 411.0257, Government Code.
SECTION 3.02. Chapter 232, Election Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
applies to an election contest in which the contestant alleges in
the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge committed a violation of any of the
following sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
Sec. 232.062. EVIDENTIARY STANDARD. A contestant must
prove an allegation described by Section 232.061 by a preponderance
of the evidence.
Sec. 232.063. CIVIL PENALTY. (a) If the court in its
judgment finds that the contestee, an agent of the contestee, or a
person acting on behalf of the contestee with the contestee's
knowledge committed one or more violations of a section described
by Section 232.061, the contestee is liable to this state for a
civil penalty of $1,000 for each violation.
(b) A penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
Sec. 232.064. ATTORNEY'S FEES. In an election contest to
which this subchapter applies, the court may award reasonable
attorney's fees to the prevailing party.
SECTION 3.03. The changes in law made by this article apply
only to an election contest for which the associated election
occurred after the effective date of this Act.
ARTICLE 4. STATE AND COUNTY OFFICERS
SECTION 4.01. Section 18.061, Election Code, is amended by
amending Subsection (b) and adding Subsection (f) 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, including the attorney general, through immediate
electronic access.
(f) Appropriate state or local officials and agencies shall
provide technological security measures to prevent unauthorized
access to the statewide computerized voter registration list.
SECTION 4.02. Section 18.062, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) For the purposes of Subsection (a), the secretary of
state may disclose a voter's social security number or date of birth
to other states and jurisdictions.
SECTION 4.03. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.014 to read as follows:
Sec. 31.014. RULES. The secretary of state shall adopt
rules establishing best practices for:
(1) maintaining the physical and digital security of
elections infrastructure and systems; and
(2) restricting access to elections infrastructure
and systems to authorized personnel.
SECTION 4.04. Section 43.007, Election Code, is amended by
adding Subsections (f-1) and (g-1) to read as follows:
(f-1) Notwithstanding Subsection (f), the commissioners
court of a county with a population of more than one million must
select countywide polling places using the same methodology that
the county would use to select polling places if it were not
participating in the countywide polling place program.
(g-1) A county participating in the program shall, at each
countywide polling place, post a notice of the four nearest
countywide polling place locations by driving distance.
SECTION 4.05. Section 67.007, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) Not later than 24 hours after completing county election
returns under this section, the county clerk shall post on the
county's Internet website, if the county maintains a website:
(1) the number of votes that were cast in the county;
and
(2) the number of registered voters in the county.
SECTION 4.06. Subchapter A, Chapter 127, Election Code, is
amended by adding Section 127.008 to read as follows:
Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING
STATION. (a) A counting station manager and the presiding judge
of the counting station shall develop a protocol under which no
electronic device capable of being connected to the Internet is
permitted inside a central counting station, except as permitted by
Subsection (b).
(b) The protocol developed under Subsection (a) may permit a
cellular telephone or the equipment necessary to count votes to be
present in the central counting station if the devices are not
connected to the Internet.
SECTION 4.07. Section 216.001, Election Code, is amended to
read as follows:
Sec. 216.001. APPLICABILITY OF CHAPTER. (a) Except as
provided by Subsection (b), this [This] chapter applies only to an
election that results in a tie vote as provided by Sections
2.002(i), 2.023(b) and (c), and 2.028.
(b) If the results of an election show that the number of
votes cast in an election precinct exceeds the number of registered
voters in the precinct, the authority designated under Section
212.026 shall initiate an automatic recount for that precinct in
accordance with this chapter.
ARTICLE 5. AUDITABLE VOTING SYSTEMS
SECTION 5.01. Chapter 127, Election Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. RISK-LIMITING AUDIT
Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to an election:
(1) that occurs after August 31, 2024;
(2) that contains a race or measure that is voted on
statewide; and
(3) in which an auditable voting system described by
Section 129.003(a) is used.
Sec. 127.302. RISK-LIMITING AUDIT. (a) Not later than 24
hours after all ballots have been counted in an election, the
general custodian of election records shall conduct a risk-limiting
audit for a selected statewide race or measure.
(b) The secretary of state shall select, in accordance with
rules adopted by the secretary, the precincts to be counted and the
office or proposition to be counted.
(c) The general custodian of election records shall
complete the audit not later than 24 hours before the time for
conducting the canvass of the election.
(d) The general custodian of election records shall post a
notice of the date, hour, and place of the audit in the custodian's
office and on the county's Internet website, if the county
maintains a website.
(e) A watcher may be present for the audit if appointed by a
candidate in the election. A watcher must deliver a certificate of
appointment to the general custodian of election records at the
time the watcher reports for service. The certificate must be in
writing and must include:
(1) the printed name and signature of the watcher;
(2) the election subject to the audit; and
(3) the printed name and signature of the candidate
making the appointment.
(f) The secretary of state may appoint personnel to assist
with the audit, including applicable voting system technicians or
representatives and persons who have assisted with the design and
implementation of the audit.
Sec. 127.303. RULES. (a) The secretary of state shall
adopt rules prescribing procedures necessary to implement this
subchapter.
(b) Rules adopted under this subchapter must include a rule,
using widely accepted statistical methods, that provides for the
number or percentage of paper records that must be counted in a
risk-limiting audit under Section 127.302.
Sec. 127.304. PUBLICATION OF RESULTS. The results of a
risk-limiting audit conducted under this subchapter must be
published on the Internet website of the secretary of state not
later than three days after the completion of the audit.
Sec. 127.305. PILOT PROGRAM. (a) Notwithstanding Section
127.301(1), the secretary of state shall conduct a pilot program,
beginning with the election taking place November 3, 2020, of the
risk-limiting audit program created under this subchapter.
(b) The secretary of state shall select at least five
counties to participate in the pilot program. At least one county
participating in the pilot program must have a population of at
least 500,000.
(c) After each election conducted under the pilot program,
the secretary of state shall send a detailed report to each member
of the legislature evaluating the success of the program and making
a recommendation as to whether the legislature should act to delay
the statewide implementation of the program.
(d) The secretary of state shall adopt rules as necessary to
implement this section.
(e) This section expires August 31, 2024.
SECTION 5.02. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.003 to read as follows:
Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this
section, "auditable voting system" means a voting system that uses,
creates, or displays a paper record that may be read by the voter.
(b) Except as otherwise provided by this section, a voting
system that consists of direct recording electronic voting machines
may not be used in an election unless the system is an auditable
voting system.
(c) The electronic vote is the official record of the vote
cast if a risk-limiting audit conducted under Section 127.302
produces strong evidence that the reported outcome of the election
matches the results that a full counting of the paper records would
reveal.
(c-1) The paper record is the official record of the vote
cast:
(1) for a recount under Title 13, including a recount
of ballots cast on a system involving direct recording electronic
voting machines; or
(2) if a risk-limiting audit conducted under Section
127.302 fails to produce strong evidence that the reported outcome
of the election matches the results that a full counting of the
paper records would reveal.
(d) An authority that purchased a voting system other than
an auditable voting system after September 1, 2014, and before
September 1, 2019, may use available federal funding and, if
federal funding is not available, available state funding to
convert the purchased voting system into an auditable voting system
in accordance with the following schedule:
(1) if the voting system was converted into an
auditable voting system not later than the election taking place
November 3, 2020, the authority is eligible to have 100 percent of
the cost of conversion reimbursed under this section; and
(2) if the authority is not eligible for a 100 percent
reimbursement of cost under Subdivision (1) and the voting system
was converted into an auditable voting system not later than the
election taking place November 5, 2024, the authority is eligible
to have 50 percent of the cost of conversion reimbursed under this
section.
(e) The secretary of state may use any available funds to
assist an authority with the purchase of an auditable voting system
if the funds have been appropriated for that purpose.
(f) Subsections (a), (b), (c), and (c-1) do not apply to an
election held before September 1, 2024.
(g) A paper record generated by an auditable voting system
may be used only for the purposes described by this section and may
not be retained by the voter.
(h) Notwithstanding Subsection (b), a voter voting under
Section 64.009 may use a direct recording electronic voting machine
regardless of whether the direct recording electronic voting
machine is part of an auditable voting system.
ARTICLE 6. REPEALER AND EFFECTIVE DATE
SECTION 6.01. The following provisions of the Election Code
are repealed:
(1) Section 33.051(c);
(2) Section 61.003(a-1); and
(3) Section 85.036(b).
SECTION 6.02. This Act takes effect September 1, 2019.