Bill Text: TX SB901 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to election integrity; increasing a criminal penalty.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed) 2019-05-02 - Referred to Elections [SB901 Detail]

Download: Texas-2019-SB901-Introduced.html
 
 
  By: Hughes S.B. No. 901
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to election integrity; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 86.0051(d), Election Code, is amended to
  read as follows:
         (d)  An offense under this section is a [Class A misdemeanor,
  unless it is shown on the trial of an offense under this section
  that the person committed an offense under Section 64.036 for
  providing unlawful assistance to the same voter in connection with
  the same ballot, in which event the offense is a] state jail felony.
         SECTION 2.  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
  signature [two or more signatures] of the voter made within the
  preceding six years and on file with the county clerk or voter
  registrar to determine whether the signatures are those of the
  voter. Except as provided by Subsection (l), a determination under
  this subsection that the signatures are not those of the voter must
  be made by a majority vote of the committee's membership. The
  committee shall place the jacket envelopes, carrier envelopes, and
  applications of voters whose signatures are not those of the voter
  in separate containers from those of voters whose signatures are
  those of the voter. The committee chair shall deliver the sorted
  materials to the early voting ballot board at the time specified by
  the board's presiding judge.
         SECTION 3.  Section 87.041(e), Election Code, is amended to
  read as follows:
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with any signature [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.
         SECTION 4.  Section 87.042(b), Election Code, is amended to
  read as follows:
         (b)  The [Except as provided by Subsection (c), the] board
  shall place the ballot envelope containing an accepted ballot in a
  separate container from the ballot box containing the early voting
  ballots voted by personal appearance.
         SECTION 5.  Sections 87.062(a) and (c), Election Code, are
  amended to read as follows:
         (a)  On the direction of the presiding judge, the early
  voting ballot board, in accordance with Section 85.032(b), shall
  open the containers [container] for the early voting ballots that
  are to be counted by the board, remove the contents from the
  containers [container], and remove any ballots enclosed in ballot
  envelopes from their envelopes.
         (c)  Ballots voted by mail shall be tabulated separately from
  the ballots voted by personal appearance and shall be separately
  reported on the returns [The results of all early voting ballots
  counted by the board under this subchapter shall be included in the
  same return].
         SECTION 6.  Section 87.103, Election Code, is amended to
  read as follows:
         Sec. 87.103.  COUNTING BALLOTS AND PREPARING RETURNS.
  (a)  The early voting electronic system ballots counted at a
  central counting station, the ballots cast at precinct polling
  places, and the ballots voted by mail shall be tabulated separately
  [from the ballots cast at precinct polling places] and shall be
  separately reported on the returns.
         (b)  The early voting returns prepared at the central
  counting station must include any early voting results obtained by
  the early voting ballot board under Subchapter [Subchapters] D [and
  E].
         SECTION 7.  Section 87.042(c), Election Code, is repealed.
         SECTION 8.  The change in law made by this Act to Section
  86.0051(d), Election Code, applies only to an offense committed on
  or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 9.  This Act takes effect September 1, 2019.
feedback