81R6806 JRH-D
By: Anchia H.B. No. 3444
A BILL TO BE ENTITLED
AN ACT
relating to the registration of individuals who assist in certain
early voting procedures; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 86.010(a) and (e), Election Code, are
amended to read as follows:
(a) A voter casting a ballot by mail who would be eligible
under Section 64.031 to receive assistance at a polling place may
select a person as provided by Section 64.032(c) or a person who is
registered under Section 86.015 to assist the voter in preparing
the ballot.
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter the person's signature, printed name,
telephone number, and residence address on the official carrier
envelope of the voter.
SECTION 2. Chapter 86, Election Code, is amended by adding
Section 86.015 to read as follows:
Sec. 86.015. EARLY VOTING ASSISTANT REGISTRATION. (a) A
person who assists more than five voters in an election with the
preparation of their ballots under this chapter must register as an
early voting assistant.
(b) The secretary of state shall prescribe an early voting
assistant registration form. The form must include:
(1) a space for the person's name, signature, address,
telephone number, and voter registration number and the date of
signing;
(2) the oath prescribed by Section 64.034; and
(3) a space for the person to indicate whether the
person has ever been convicted of an offense in connection with
conduct directly attributable to an election.
(c) Each person required to register under this section
shall file the form required by Subsection (b) with the early voting
clerk. A registration filed under this section expires on December
31 of each odd-numbered year.
(d) The early voting clerk shall maintain current
registrations in a file that is available to the public for
inspection.
(e) Subsection (a) does not apply if the person assisting a
voter is:
(1) related to the voter within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code;
(2) registered to vote at the same address as the
voter;
(3) employed by the nursing home or other long-term
care facility or retirement center in which the voter resides;
(4) employed by the hospital in which the voter is a
patient at the time the assistance is provided; or
(5) an early voting clerk or deputy early voting
clerk.
(f) A person is ineligible for registration under this
section if the person has been finally convicted of an offense in
connection with conduct directly attributable to an election.
(g) A person commits an offense if the person knowingly
violates Subsection (a). An offense under this subsection is a
Class A misdemeanor.
SECTION 3. This Act takes effect January 1, 2010.