84R5106 JRJ-F
By: RodrÃguez S.B. No. 406
A BILL TO BE ENTITLED
AN ACT
relating to reforming the electoral process; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Election Code, is amended by adding
Section 1.021 to read as follows:
Sec. 1.021. BIPARTISAN ELECTION COMMISSION. (a) The
Bipartisan Election Commission is composed of eight members as
follows:
(1) two members from each political party whose
nominee for governor in the most recent gubernatorial general
election received 20 percent or more of the total number of votes
received by all candidates for governor in the election, appointed
by the senate; and
(2) two members from each political party whose
nominee for governor in the most recent gubernatorial general
election received 20 percent or more of the total number of votes
received by all candidates for governor in the election, appointed
by the house of representatives.
(b) A member of the commission serves at the will of the
appointing house of the legislature.
(c) The commission shall:
(1) study methods to reduce election fraud, increase
voter turnout, and improve election practices in this state; and
(2) monitor the implementation of the changes in law
made to Chapter 63 regarding the procedures for accepting a voter.
(d) The commission shall report its findings to the
committees of each house of the legislature with jurisdiction over
elections. The commission shall submit one report not later than
December 1, 2016, and a second report not later than December 1,
2018. This subsection expires September 1, 2019.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Sections 31.013 and 31.014 to read as follows:
Sec. 31.013. ELECTION INTEGRITY TRAINING. The secretary of
state and the attorney general jointly shall annually conduct, in
at least four different geographic regions of the state, election
integrity training for election officers, law enforcement
personnel, and prosecutors in methods of detecting, investigating,
and prosecuting instances of voter fraud and voter suppression.
Sec. 31.014. PHOTO IDENTIFICATION ACCESS STUDY. (a) Not
later than January 1, 2017, the secretary of state shall conduct a
study on the availability of photo identification and provide
recommendations to the legislature concerning:
(1) the ability to merge the databases of different
state agencies and governmental entities to obtain photographs of
voters for use on the voter's voter registration certificate; and
(2) ways to make photo identification available at no
cost to as many voters as possible, including the use of a program
to obtain photographs of voters using neighborhood mobile units for
use on the voter's voter registration certificate.
(b) This section expires September 1, 2017.
SECTION 3. Chapter 61, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES AND VOTER SUPPRESSION
Sec. 61.061. DECEPTIVE ELECTION PRACTICES AND VOTER
SUPPRESSION PROHIBITED. A person may not knowingly deceive another
person regarding:
(1) the time, place, or manner of conducting an
election in this state; or
(2) the qualifications for or restrictions governing
voter eligibility for an election in this state.
Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates Section 61.061 with the intent to
prevent another person from:
(1) voting in an election; or
(2) casting a ballot that may legally be counted.
(b) An offense under this section is a Class B misdemeanor.
Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY
SECRETARY. (a) A person may report a suspected violation of
Section 61.061 to the secretary of state through the voting rights
hotline or otherwise.
(b) Not later than 48 hours after receiving the report, the
secretary of state shall:
(1) refer the matter to the attorney general as
provided by Section 31.006 if the secretary determines that there
is reasonable cause to suspect that a criminal offense has been
committed; and
(2) take any action determined necessary to provide
correct information to the voters affected by the violation.
(c) The secretary of state shall adopt rules regarding the
method of taking corrective action under Subsection (b)(2).
Sec. 61.064. REPORT TO LEGISLATURE. (a) Not later than
February 1 of each year, the secretary of state shall submit a
report to the legislature regarding the reported violations of
Section 61.061 during the preceding calendar year.
(b) The report must include:
(1) the number of reports of violations received;
(2) the number of alleged violations referred to the
attorney general;
(3) a description of the corrective actions taken
under Section 61.063(b)(2);
(4) the geographic locations of and populations
affected by the alleged violations; and
(5) any other information considered appropriate by
the secretary of state.
(c) The secretary of state may withhold specific
information from a report under this section if the secretary
determines that the disclosure of that information would unduly
interfere with an ongoing investigation.
SECTION 4. Subchapter A, Chapter 273, Election Code, is
amended by adding Section 273.005 to read as follows:
Sec. 273.005. POST-ELECTION INTEGRITY AUDIT. (a)
Following the general election for state and county officers, the
county clerk of each county shall conduct a post-election integrity
audit to examine and investigate any evidence of voter fraud or
voter suppression.
(b) The county clerk shall:
(1) not later than the 90th day after the date of the
general election for state and county officers, file a report with
the secretary of state and the commissioners court of the county
providing details of the evidence collected in the audit; and
(2) refer any evidence of voter fraud or voter
suppression collected under the audit to the district attorney or
criminal district attorney with jurisdiction in the county.
SECTION 5. This Act takes effect September 1, 2015.