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A BILL TO BE ENTITLED
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AN ACT
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relating to election integrity; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.0051(d), Election Code, is amended to |
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read as follows: |
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(d) An offense under this section is a [Class A misdemeanor,
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unless it is shown on the trial of an offense under this section
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that the person committed an offense under Section 64.036 for
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providing unlawful assistance to the same voter in connection with
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the same ballot, in which event the offense is a] state jail felony. |
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SECTION 2. Section 87.027(i), Election Code, is amended to |
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read as follows: |
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(i) The signature verification committee shall compare the |
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signature on each carrier envelope certificate, except those signed |
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for a voter by a witness, with the signature on the voter's ballot |
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application to determine whether the signatures are those of the |
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voter. The committee may also compare the signatures with any |
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signature [two or more signatures] of the voter made within the |
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preceding six years and on file with the county clerk or voter |
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registrar to determine whether the signatures are those of the |
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voter. Except as provided by Subsection (l), a determination under |
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this subsection that the signatures are not those of the voter must |
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be made by a majority vote of the committee's membership. The |
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committee shall place the jacket envelopes, carrier envelopes, and |
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applications of voters whose signatures are not those of the voter |
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in separate containers from those of voters whose signatures are |
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those of the voter. The committee chair shall deliver the sorted |
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materials to the early voting ballot board at the time specified by |
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the board's presiding judge. |
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SECTION 3. Section 87.041(e), Election Code, is amended to |
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read as follows: |
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(e) In making the determination under Subsection (b)(2), |
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the board may also compare the signatures with any signature [two or
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more signatures] of the voter made within the preceding six years |
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and on file with the county clerk or voter registrar to determine |
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whether the signatures are those of the voter. |
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SECTION 4. Section 87.042(b), Election Code, is amended to |
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read as follows: |
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(b) The [Except as provided by Subsection (c), the] board |
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shall place the ballot envelope containing an accepted ballot in a |
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separate container from the ballot box containing the early voting |
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ballots voted by personal appearance. |
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SECTION 5. Sections 87.062(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) On the direction of the presiding judge, the early |
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voting ballot board, in accordance with Section 85.032(b), shall |
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open the containers [container] for the early voting ballots that |
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are to be counted by the board, remove the contents from the |
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containers [container], and remove any ballots enclosed in ballot |
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envelopes from their envelopes. |
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(c) Ballots voted by mail shall be tabulated separately from |
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the ballots voted by personal appearance and shall be separately |
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reported on the returns [The results of all early voting ballots
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counted by the board under this subchapter shall be included in the
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same return]. |
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SECTION 6. Section 87.103, Election Code, is amended to |
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read as follows: |
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Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. |
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(a) The early voting electronic system ballots counted at a |
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central counting station, the ballots cast at precinct polling |
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places, and the ballots voted by mail shall be tabulated separately |
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[from the ballots cast at precinct polling places] and shall be |
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separately reported on the returns. |
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(b) The early voting returns prepared at the central |
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counting station must include any early voting results obtained by |
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the early voting ballot board under Subchapter [Subchapters] D [and
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E]. |
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SECTION 7. Section 87.042(c), Election Code, is repealed. |
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SECTION 8. The change in law made by this Act to Section |
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86.0051(d), Election Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2019. |