Texas 2015 - 84th Regular

Texas Senate Bill SB406 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5106 JRJ-F
2	2	By: Rodríguez S.B. No. 406
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reforming the electoral process; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1, Election Code, is amended by adding
11	11	Section 1.021 to read as follows:
12	12	Sec. 1.021. BIPARTISAN ELECTION COMMISSION. (a) The
13	13	Bipartisan Election Commission is composed of eight members as
14	14	follows:
15	15	(1) two members from each political party whose
16	16	nominee for governor in the most recent gubernatorial general
17	17	election received 20 percent or more of the total number of votes
18	18	received by all candidates for governor in the election, appointed
19	19	by the senate; and
20	20	(2) two members from each political party whose
21	21	nominee for governor in the most recent gubernatorial general
22	22	election received 20 percent or more of the total number of votes
23	23	received by all candidates for governor in the election, appointed
24	24	by the house of representatives.
25	25	(b) A member of the commission serves at the will of the
26	26	appointing house of the legislature.
27	27	(c) The commission shall:
28	28	(1) study methods to reduce election fraud, increase
29	29	voter turnout, and improve election practices in this state; and
30	30	(2) monitor the implementation of the changes in law
31	31	made to Chapter 63 regarding the procedures for accepting a voter.
32	32	(d) The commission shall report its findings to the
33	33	committees of each house of the legislature with jurisdiction over
34	34	elections. The commission shall submit one report not later than
35	35	December 1, 2016, and a second report not later than December 1,
36	36	2018. This subsection expires September 1, 2019.
37	37	SECTION 2. Subchapter A, Chapter 31, Election Code, is
38	38	amended by adding Sections 31.013 and 31.014 to read as follows:
39	39	Sec. 31.013. ELECTION INTEGRITY TRAINING. The secretary of
40	40	state and the attorney general jointly shall annually conduct, in
41	41	at least four different geographic regions of the state, election
42	42	integrity training for election officers, law enforcement
43	43	personnel, and prosecutors in methods of detecting, investigating,
44	44	and prosecuting instances of voter fraud and voter suppression.
45	45	Sec. 31.014. PHOTO IDENTIFICATION ACCESS STUDY. (a) Not
46	46	later than January 1, 2017, the secretary of state shall conduct a
47	47	study on the availability of photo identification and provide
48	48	recommendations to the legislature concerning:
49	49	(1) the ability to merge the databases of different
50	50	state agencies and governmental entities to obtain photographs of
51	51	voters for use on the voter's voter registration certificate; and
52	52	(2) ways to make photo identification available at no
53	53	cost to as many voters as possible, including the use of a program
54	54	to obtain photographs of voters using neighborhood mobile units for
55	55	use on the voter's voter registration certificate.
56	56	(b) This section expires September 1, 2017.
57	57	SECTION 3. Chapter 61, Election Code, is amended by adding
58	58	Subchapter C to read as follows:
59	59	SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES AND VOTER SUPPRESSION
60	60	Sec. 61.061. DECEPTIVE ELECTION PRACTICES AND VOTER
61	61	SUPPRESSION PROHIBITED. A person may not knowingly deceive another
62	62	person regarding:
63	63	(1) the time, place, or manner of conducting an
64	64	election in this state; or
65	65	(2) the qualifications for or restrictions governing
66	66	voter eligibility for an election in this state.
67	67	Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an
68	68	offense if the person violates Section 61.061 with the intent to
69	69	prevent another person from:
70	70	(1) voting in an election; or
71	71	(2) casting a ballot that may legally be counted.
72	72	(b) An offense under this section is a Class B misdemeanor.
73	73	Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY
74	74	SECRETARY. (a) A person may report a suspected violation of
75	75	Section 61.061 to the secretary of state through the voting rights
76	76	hotline or otherwise.
77	77	(b) Not later than 48 hours after receiving the report, the
78	78	secretary of state shall:
79	79	(1) refer the matter to the attorney general as
80	80	provided by Section 31.006 if the secretary determines that there
81	81	is reasonable cause to suspect that a criminal offense has been
82	82	committed; and
83	83	(2) take any action determined necessary to provide
84	84	correct information to the voters affected by the violation.
85	85	(c) The secretary of state shall adopt rules regarding the
86	86	method of taking corrective action under Subsection (b)(2).
87	87	Sec. 61.064. REPORT TO LEGISLATURE. (a) Not later than
88	88	February 1 of each year, the secretary of state shall submit a
89	89	report to the legislature regarding the reported violations of
90	90	Section 61.061 during the preceding calendar year.
91	91	(b) The report must include:
92	92	(1) the number of reports of violations received;
93	93	(2) the number of alleged violations referred to the
94	94	attorney general;
95	95	(3) a description of the corrective actions taken
96	96	under Section 61.063(b)(2);
97	97	(4) the geographic locations of and populations
98	98	affected by the alleged violations; and
99	99	(5) any other information considered appropriate by
100	100	the secretary of state.
101	101	(c) The secretary of state may withhold specific
102	102	information from a report under this section if the secretary
103	103	determines that the disclosure of that information would unduly
104	104	interfere with an ongoing investigation.
105	105	SECTION 4. Subchapter A, Chapter 273, Election Code, is
106	106	amended by adding Section 273.005 to read as follows:
107	107	Sec. 273.005. POST-ELECTION INTEGRITY AUDIT. (a)
108	108	Following the general election for state and county officers, the
109	109	county clerk of each county shall conduct a post-election integrity
110	110	audit to examine and investigate any evidence of voter fraud or
111	111	voter suppression.
112	112	(b) The county clerk shall:
113	113	(1) not later than the 90th day after the date of the
114	114	general election for state and county officers, file a report with
115	115	the secretary of state and the commissioners court of the county
116	116	providing details of the evidence collected in the audit; and
117	117	(2) refer any evidence of voter fraud or voter
118	118	suppression collected under the audit to the district attorney or
119	119	criminal district attorney with jurisdiction in the county.
120	120	SECTION 5. This Act takes effect September 1, 2015.