84R9484 ADM-D
By: Ellis S.B. No. 990
A BILL TO BE ENTITLED
AN ACT
relating to the protection of voting rights in the State of Texas;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Voting Rights
Act of 2015.
SECTION 2. Section 13.001(b), Election Code, is amended to
read as follows:
(b) To be eligible to apply for registration, a person must,
on the date the registration application is submitted to the
registrar, be at least 16 [17] years [and 10 months] of age and
satisfy the requirements of Subsection (a) except for age.
SECTION 3. Section 13.002(e), Election Code, is amended to
read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter C, Chapter
56, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
SECTION 4. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. ISSUANCE OF RECEIPT. (a) This section applies
only to a completed registration application that is submitted by
the applicant in person to a voter registrar, deputy registrar, or
volunteer deputy registrar or a voter registration agency
designated under Chapter 20. This section does not apply to a
completed registration application that is submitted by mail.
(b) On receipt of a completed registration application, the
person receiving the application shall prepare a receipt in
duplicate on a form prescribed by the secretary of state and
furnished by the registrar.
(c) The receipt must contain:
(1) the name of the applicant and, if applicable, the
name of the applicant's agent; and
(2) the date the completed application is submitted.
(d) The person receiving the application shall sign the
receipt in the applicant's presence and shall give the original to
the applicant.
(e) The person receiving the application shall deliver the
duplicate receipt to the registrar with the registration
application. The registrar shall retain the receipt on file with
the application.
(f) The secretary of state may prescribe a procedure that is
an alternative to the procedure prescribed by this section that
will ensure the accountability of the registration applications.
SECTION 5. Section 13.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A volunteer deputy registrar appointed under this
section may serve as a volunteer deputy registrar throughout the
state regardless of which county appointed the deputy registrar.
The secretary of state shall prescribe procedures to implement this
subsection.
SECTION 6. Section 13.033(b), Election Code, is amended to
read as follows:
(b) If a person is to be appointed, the registrar shall
prepare a certificate of appointment in duplicate containing:
(1) the date of appointment;
(2) the statement: "I, ____________, Voter Registrar
for ____________ County, do hereby appoint ____________ as a
volunteer deputy registrar [for ____________ County].";
(3) the person's residence address;
(4) the person's voter registration number, if any;
(5) a statement that the term of the appointment
expires December 31 of an even-numbered year; and
(6) a statement that the appointment terminates on the
person's final conviction for an offense for failure to deliver a
registration application and may terminate on the registrar's
determination that the person failed to adequately review a
registration application.
SECTION 7. Section 13.034(b), Election Code, is amended to
read as follows:
(b) The registrar shall maintain the file in alphabetical
order by deputy name [on a countywide basis].
SECTION 8. Section 13.035(c), Election Code, is amended to
read as follows:
(c) The registrar shall maintain the file in alphabetical
order by deputy name [on a countywide basis].
SECTION 9. Section 13.037(a), Election Code, is amended to
read as follows:
(a) A person may not receive compensation from any [the]
county for service as a volunteer deputy registrar unless
compensation is authorized by the commissioners court.
SECTION 10. Section 13.038, Election Code, is amended to
read as follows:
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
registrar may distribute voter registration application forms
throughout the county and receive registration applications
submitted to the deputy in person.
(b) A volunteer deputy registrar may distribute a voter
registration application in the form prescribed by the secretary of
state under Section 31.002 throughout the state and receive an
application in that form submitted to the deputy in person,
regardless of the county in which the application was printed.
(c) The secretary of state shall prescribe procedures to
implement this section.
SECTION 11. The heading to Section 31.005, Election Code,
is amended to read as follows:
Sec. 31.005. ENFORCEMENT; PROTECTION OF VOTING RIGHTS.
SECTION 12. Section 31.005(b), Election Code, is amended to
read as follows:
(b) If the secretary determines that a person performing
official functions in the administration of any part of the
electoral processes is exercising the powers vested in that person
in a manner that impedes the free exercise of a citizen's voting
rights or otherwise violates this code, the secretary may order the
person to correct the offending conduct. If the person fails to
comply, the secretary may seek enforcement of the order by a
temporary restraining order or a writ of injunction or mandamus
obtained through the attorney general.
SECTION 13. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.015 to read as follows:
Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE.
(a) An election officer commits an offense if the officer
knowingly:
(1) removes the name of an eligible voter from the list
of registered voters or the poll list for the precinct;
(2) refuses to accept for voting a person whose
acceptance is required by this code; or
(3) prevents the deposit in the ballot box of a marked
and properly folded ballot that was provided at the polling place to
the voter who is depositing it or for whom the deposit is attempted.
(b) An offense under this section is a state jail felony.
SECTION 14. Section 61.032, Election Code, is amended to
read as follows:
Sec. 61.032. INTERPRETER PERMITTED. If an election officer
who attempts to communicate with a voter does not understand the
language used by the voter, the voter may communicate through an
interpreter selected by the voter or by the authority ordering the
election.
SECTION 15. Section 61.033, Election Code, is amended to
read as follows:
Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be
eligible to serve as an interpreter, a person:
(1) if selected by the voter, may be any person other
than the voter's employer, an agent of the voter's employer, or an
officer or agent of a labor union to which the voter belongs; or
(2) if appointed to serve as an interpreter by the
authority ordering the election, must be a registered voter of the
county in which the voter needing the interpreter resides or a
registered voter of an adjacent county.
SECTION 16. Chapter 61, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES
Sec. 61.061. DECEPTIVE ELECTION PRACTICES 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. CIVIL ACTION. The attorney general or a person
harmed by a violation of Section 61.061 may bring a civil action for
relief against a person who violates that section, including an
action seeking a permanent or temporary injunction, restraining
order, or other appropriate order.
Sec. 61.065. 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 17. Chapter 62, Election Code, is amended by adding
Section 62.0015 to read as follows:
Sec. 62.0015. VOTER REGISTRARS MUST BE PRESENT. Two voter
registrars must be present at each polling place while the polls are
open.
SECTION 18. Chapter 63, Election Code, is amended by adding
Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING
PROCEDURES. (a) Other applicable provisions of this code apply to
the conduct of voting and to the registration of voters under this
section to the extent those provisions do not conflict with this
section.
(b) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted for voting in the precinct of the person's
residence if, on the day the person offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to a voter registrar at the polling
place; and
(2) presents as proof of identification:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote;
(ii) a United States passport issued to the
person; or
(iii) a United States military
identification card that contains the person's photograph.
(c) Persons voting under this section shall be processed
separately at the polling place from persons who are voting under
regular procedures.
(d) The secretary of state shall adopt rules to ensure the
accountability of election officers and to fairly implement this
section.
SECTION 19. The heading to Section 63.012, Election Code,
is amended to read as follows:
Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT]
VOTER.
SECTION 20. Section 63.012(a), Election Code, is amended to
read as follows:
(a) An election officer commits an offense if the officer
knowingly[:
[(1)] permits an ineligible voter to vote other than
as provided by Section 63.011[; or
[(2) refuses to accept a person for voting whose
acceptance is required by this code].
SECTION 21. The heading to Section 64.010, Election Code,
is amended to read as follows:
Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT
OF BALLOT.
SECTION 22. Section 64.010(a), Election Code, is amended to
read as follows:
(a) An election officer commits an offense if the officer[:
[(1)] permits a person to deposit in the ballot box a
ballot that the officer knows was not provided at the polling place
to the voter who is depositing the ballot or for whom the deposit is
made[; or
[(2) prevents the deposit in the ballot box of a marked
and properly folded ballot that was provided at the polling place to
the voter who is depositing it or for whom the deposit is
attempted].
SECTION 23. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 24. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
who, [is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter C, Chapter 56, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 25. Section 84.001(a), Election Code, is amended to
read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
SECTION 26. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, the
address outside the applicant's county of residence to which the
ballot is to be mailed;
(3) for an application for a ballot to be voted by mail
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [on the ground of age or disability],
the address of the hospital, nursing home or other long-term care
facility, or retirement center, or of a person related to the
applicant within the second degree by affinity or the third degree
by consanguinity, as determined under Chapter 573, Government Code,
if the applicant is living at that address and that address is
different from the address at which the applicant is registered to
vote;
(4) for an application for a ballot to be voted by mail
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), the address of the jail or
of a person related to the applicant within the degree described by
Subdivision (3); and
(5) [for an application for a ballot to be voted by
mail on any ground,] an indication of each election for which the
applicant is applying for a ballot[; and
[(6) an indication of the ground of eligibility for
early voting].
SECTION 27. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(a-1) On request of the applicant, an application for a
ballot to be voted by mail [on the ground of confinement in jail]
may be submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 28. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the
ground of absence from the county of residence] to indicate whether
the applicant will be absent from the applicant's county of
residence on election day and, if applicable, the date on or after
which the applicant can receive mail at the address outside the
county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[applying on the ground of age or disability] to indicate that the
address to which the ballot is to be mailed is the address of a
facility or relative described by Section 84.002(a)(3), if
applicable;
(E) a space or box for an applicant confined
[applying on the ground of confinement] in jail as described by
Section 84.009(a) to indicate that the address to which the ballot
is to be mailed is the address of a relative described by Section
84.002(a)(4), if applicable;
(F) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(G) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(H) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 29. Section 85.031(a), Election Code, is amended to
read as follows:
(a) For each person entitled to vote an early voting ballot
by personal appearance or entitled to register at a polling place,
the early voting clerk shall follow the procedure for accepting or
registering a regular voter on election day, with the modifications
necessary for the conduct of early voting.
SECTION 30. Sections 86.001(b) and (c), Election Code, are
amended to read as follows:
(b) If the application complies with the applicable
requirements prescribed by this title [applicant is entitled to
vote an early voting ballot by mail], the clerk shall provide an
official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote in the election [by mail], the clerk shall
reject the application, enter on the application "rejected" and the
reason for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not be
provided to an applicant whose application is rejected.
SECTION 31. Section 86.003(c), Election Code, is amended to
read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4); or
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative.
SECTION 32. Section 86.004(b), Election Code, is amended to
read as follows:
(b) For an election to which Section 101.104 applies, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard application
that the voter seeks [is eligible] to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 33. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) [the voter's ballot application states a legal
ground for early voting by mail;
[(4)] the voter is registered to vote, if registration
is required by law;
(4) [(5) the address to which the ballot was mailed to
the voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
[(6)] for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(5) [(7)] the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
84.002 and 86.003.
SECTION 34. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and originates on or after the day before the last
day for submitting an application for a ballot to be voted by mail.
SECTION 35. Section 662.003(b), Government Code, is amended
to read as follows:
(b) A state holiday includes only the following days:
(1) the 19th day of January, "Confederate Heroes Day,"
in honor of Jefferson Davis, Robert E. Lee, and other Confederate
heroes;
(2) the second day of March, "Texas Independence Day";
(3) the 21st day of April, "San Jacinto Day";
(4) the 19th day of June, "Emancipation Day in Texas,"
in honor of the emancipation of the slaves in Texas in 1865;
(5) the 27th day of August, "Lyndon Baines Johnson
Day," in observance of the birthday of Lyndon Baines Johnson;
(6) the Friday after Thanksgiving Day;
(7) the 24th day of December; [and]
(8) the 26th day of December; and
(9) every day on which an election, including a
primary election, is held throughout the state.
SECTION 36. Section 662.021, Government Code, is amended to
read as follows:
Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
only the following days:
(1) a national holiday under Section 662.003(a); and
(2) a state holiday under Sections 662.003(b)(1)
through (6) or Section 662.003(b)(9).
SECTION 37. Sections 13.040, 82.001, 82.002, 82.003,
82.004, 84.002(b), and 112.002(b), Election Code, are repealed.
SECTION 38. The secretary of state shall adopt rules as
required by Section 63.010, Election Code, as added by this Act, not
later than February 1, 2016.
SECTION 39. (a) The changes in law made by this Act in
adding Sections 62.0015 and 63.010, Election Code, and in amending
Section 85.03(a), Election Code, apply only to an election for
which early voting by personal appearance begins on or after
February 1, 2016.
(b) The changes in law made by this Act in amending Sections
13.002(e), 82.005, 82.007, 84.001(a), 84.002(a), 84.009,
84.011(a), 86.001(b) and (c), 86.003(c), 86.004(b), 87.041(b), and
102.001(a), Election Code, and in repealing Sections 82.001,
82.002, 82.003, 82.004, 84.002(b), and 112.002(b), Election Code,
apply only to an election ordered on or after September 1, 2015.
(c) The changes in law made by this Act in adding Section
13.009, Election Code, and repealing Section 13.040, Election Code,
apply only to a voter registration application submitted on or
after the effective date of this Act.
SECTION 40. This Act takes effect September 1, 2015.