Texas 2017 - 85th Regular

Texas House Bill HB4131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24752 ATP-F
2	1		By: Fallon H.B. No. 4131
3		-	Substitute the following for H.B. No. 4131:
4		-	By: Laubenberg C.S.H.B. No. 4131
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to assisting voters and other voting processes and
10	7		procedures; creating criminal offenses; increasing criminal
11	8		penalties.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 61.034, Election Code, is amended to
	10	+	SECTION 1. S
	11	+	ection 61.033, Election Code, is amended to
14	12		read as follows:
15		-	Sec. 61.~~034~~. ~~TRANSLATING BALLOT~~. ~~If a voter cannot~~
16		-	~~comprehend~~ the ~~language in which the ballot is printed, the voter~~
17		-	~~may receive voting assistance under Section 64.031 [~~an ~~interpreter~~
18		-	~~may accompany~~ the voter ~~to the voting station for the purpose of~~
19		-	~~translating~~ the ~~ballot to the voter~~].
	13	+	Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be
	14	+	eligible to serve as an interpreter for the purpose of
	15	+	communicating with an election officer, a person must be a
	16	+	registered voter in this state [of the county in which the voter
	17	+	needing the interpreter resides].
20	18		SECTION 2. Section 63.012, Election Code, is amended to
21	19		read as follows:
22	20		Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT
23	21		VOTER. (a) An election officer commits an offense if the officer
24	22		knowingly:
25	23		(1) permits an ineligible voter to vote other than as
26	24		provided by Section 63.011; [or]
27	25		(2) permits an unlawful vote or ineligible ballot to
28	26		be cast in a manner that will be counted; or
29	27		(3) refuses to accept a person for voting whose
30	28		acceptance is required by this code.
31	29		(b) An offense under this section is a Class A [B]
32	30		misdemeanor.
33	31		SECTION 3. Subchapter B, Chapter 64, Election Code, is
34	32		amended by adding Section 64.030 to read as follows:
35		-	Sec. 64.030. DEFINITIONS. In this subchapter:
36		-	(1) "Assistance" includes any activity, other than a
37		-	general procedure or instruction by an election officer, in which a
38		-	person:
39		-	(A) communicates with a voter in the presence of
40		-	a ballot regarding the voting of the ballot;
41		-	(B) aids a voter by reading or marking the
42		-	ballot; or
43		-	(C) takes physical possession of a ballot voted
44		-	by another person.
45		-	(2) "Disability" means any physical impairment that
46		-	renders a person unable to physically complete or cast a ballot.
	33	+	Sec. 64.030. DEFINITION. In this subchapter,
	34	+	"compensation" means any monetary payment, goods, services,
	35	+	benefits, employment, political favors, acts of official
	36	+	discretion, or other form of consideration offered to another
	37	+	person in exchange for assisting voters.
47	38		SECTION 4. Section 64.031, Election Code, is amended to
48	39		read as follows:
49		-	Sec. 64.031. VOTING [ELIGIBILITY FOR] ASSISTANCE FOR BLIND,
50		-	DISABLED, OR ILLITERATE PERSON. A voter who is unable to read or
51		-	mark the ballot by reason of blindness, disability, or [is eligible
52		-	to receive assistance in marking the ballot, as provided by this
53		-	subchapter, if the voter cannot prepare the ballot because of:
54		-	[(1) a physical disability that renders the voter
55		-	unable to write or see; or
56		-	[(2) an] inability to read the language in which the
57		-	ballot is written is eligible for assistance as provided by this
58		-	subchapter.
59		-	SECTION 5. Sections 64.032(c) and (d), Election Code, are
60		-	amended to read as follows:
61		-	(c) On the voter's request for assistance indicating a
62		-	reason for eligibility listed under Section 64.031, the voter may
63		-	be assisted by any person selected by the voter other than the
64		-	voter's employer, an agent of the voter's employer, or an officer or
65		-	agent of a labor union to which the voter belongs. A voter is not
66		-	required to provide further proof of eligibility for assistance in
67		-	order to receive assistance.
	40	+	Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. (a) A voter is
	41	+	eligible to receive assistance in marking the ballot, as provided
	42	+	by this subchapter, if the voter cannot prepare the ballot because
	43	+	of:
	44	+	(1) a physical disability that renders the voter
	45	+	unable to mark the ballot [write] or see the ballot; or
	46	+	(2) an inability to read the language in which the
	47	+	ballot is written.
	48	+	(b) An election officer commits an offense if the election
	49	+	officer knowingly allows a voter who is ineligible for assistance
	50	+	under Subsection (a) to receive assistance.
	51	+	(c) An offense under Subsection (b) is a Class A
	52	+	misdemeanor.
	53	+	SECTION 5. Section 64.032, Election Code, is amended by
	54	+	amending Subsections (c) and (d) and adding Subsection (c-1) to
	55	+	read as follows:
	56	+	(c) On the voter's request, the voter may be assisted by any
	57	+	person selected by the voter other than:
	58	+	(1) the voter's employer;
	59	+	(2) [,] an agent of the voter's employer;
	60	+	(3) [, or] an officer or agent of a labor union to
	61	+	which the voter belongs;
	62	+	(4) a candidate for office;
	63	+	(5) a person previously convicted of an
	64	+	election-related offense;
	65	+	(6) a person who is not an election judge or clerk and
	66	+	who receives or is offered or promised compensation for assisting
	67	+	voters; or
	68	+	(c-1) Notwithstanding Subsection (c), on the voter's
	69	+	request, a voter may be assisted by a person who:
	70	+	(1) is related to the voter within the second degree by
	71	+	affinity or the third degree by consanguinity, as determined under
	72	+	Subchapter B, Chapter 573, Government Code; or
	73	+	(2) physically lives in the same residence as the
	74	+	voter.
68	75		(d) If assistance is provided by a person of the voter's
69	76		choice, an election officer shall enter the person's name and
70	77		address on the poll list beside the voter's name and shall require
71	78		the assistant to complete a voter assistance affidavit under
72	79		Section 64.034.
73	80		SECTION 6. Section 64.034, Election Code, is amended to
74	81		read as follows:
75		-	Sec. 64.034. VOTER ASSISTANCE AFFIDAVIT [OATH].
	82	+	Sec. 64.034. VOTER ASSISTANCE AFFIDAVIT REQUIRED [OATH].
76	83		(a) Before a [A] person other than an election officer provides
77		-	[selected to provide] assistance to a voter, the assisting person
78		-	must complete, sign, and submit an affidavit that includes:
	84	+	[selected to provide] assistance to a voter, the person must
	85	+	complete, sign, and submit a voter assistance affidavit that
	86	+	includes:
79	87		(1) the assisting person's legal name, residence
80	88		address, and date of birth;
81	89		(2) the nature of the relationship of the person to the
82	90		voter;
83		-	(3) ~~the reason for~~ the ~~voter's eligibility to receive~~
84		-	~~assistance under Section 64.031~~;
85		-	(4) ~~a disclosure of whether~~ the ~~assisting~~ person has
86		-	~~been~~ compensated in any way or offered or promised any type of
	91	+	(3) an affirmation that the person has never been
	92	+	convicted of an election-related offense;
	93	+	(4) an affirmation that the person has not been
	94	+	compensated in any way or offered or promised any type of
87	95		compensation, political favor, or official act of discretion to
88		-	assist voters; and
89		-	(5) [must take] the following oath, which must be
90		-	administered by an election officer at the polling place, before
91		-	providing assistance:
	96	+	assist voters;
	97	+	(5) an affirmation that the person did not approach
	98	+	the voter and offer assistance; and
	99	+	(6) [must take] the following oath[, administered by
	100	+	an election officer at the polling place, before providing
	101	+	assistance]:
92	102		"I swear (or affirm) under penalty of law that all of the
93	103		above information and affirmations are true and accurate, and that
94	104		I will not suggest, by word, sign, or gesture, how the voter should
95		-	vote nor communicate any opinion regarding any candidate, measure,
96		-	or political party; I will confine my assistance to answering the
97		-	voter's questions about the process of casting the ballot, to
98		-	stating propositions on the ballot, and to naming candidates and,
99		-	if listed, their political parties; I will prepare the voter's
100		-	ballot only as the voter specifically directs; and I am not the
101		-	voter's employer, an agent of the voter's employer, or an officer or
102		-	agent of a labor union to which the voter belongs. I understand it
103		-	is a criminal offense to provide false information in this
104		-	affidavit, to make any record of or divulge any information about
105		-	how a voter has voted, or to in any way influence the independent
106		-	choice of the voter."
107		-	(b) Before allowing a person to assist a voter under
108		-	Subsection (a), an election officer must:
109		-	(1) review the voter assistance affidavit form and
110		-	confirm that the form is complete;
111		-	(2) note on the form the reason provided by the voter
112		-	for eligibility for assistance under Section 64.031;
113		-	(3) confirm that the assisting person is eligible to
114		-	assist the voter under Section 64.032 based on the answers
115		-	provided;
116		-	(4) administer the oath to the assisting person; and
117		-	(5) sign the voter assistance affidavit attesting that
118		-	the officer has complied with Subdivisions (1)-(4).
	105	+	vote; I will confine my assistance to answering the voter's
	106	+	questions, to stating propositions on the ballot, and to naming
	107	+	candidates and, if listed, their political parties; I will prepare
	108	+	the voter's ballot only as the voter specifically directs; and I am
	109	+	not the voter's employer, an agent of the voter's employer, [or] an
	110	+	officer or agent of a labor union to which the voter belongs, or a
	111	+	candidate for office. I understand it is a criminal offense to
	112	+	provide false information or to in any way influence the
	113	+	independent choice of the voter."
	114	+	(b) Before allowing a person other than an election officer
	115	+	to assist a voter, an election officer must review the voter
	116	+	assistance affidavit form and confirm that the form is complete and
	117	+	the assisting person is eligible to assist the voter under Section
	118	+	64.032, based on the answers provided.
119	119		(c) An election officer commits an offense if the officer
120	120		knowingly fails to comply with any part of Subsection (b). An
121	121		offense under this subsection is a Class A misdemeanor.
122	122		(d) A person commits an offense if the person knowingly
123		-	provides false information ~~on a voter assistance affidavit~~. An
124		-	~~offense under~~ this subsection is a state jail felony.
	123	+	provides false information under this section. An offense under
	124	+	this subsection is a state jail felony.
125	125		(e) A person commits an offense if the person knowingly
126		-	~~omits information on an~~ affidavit under this section. An ~~offense~~
127		-	under this subsection is a Class A misdemeanor.
	126	+	fails to submit a completed affidavit under this section. An
	127	+	offense under this subsection is a Class A misdemeanor.
128	128		(f) An offense under this section is increased to the next
129	129		higher category of offense if it is shown on the trial of an offense
130	130		under this section that:
131	131		(1) the defendant was previously convicted of an
132	132		offense under this code;
133	133		(2) the offense involved a voter 65 years of age or
134	134		older; or
135	135		(3) the defendant committed another offense under this
136	136		section in the same election.
137	137		(g) The secretary of state shall prescribe a form to
138	138		implement this section.
139	139		SECTION 7. Section 64.036, Election Code, is amended to
140	140		read as follows:
141	141		Sec. 64.036. UNLAWFULLY ASSISTING OR INFLUENCING A VOTER
142	142		[UNLAWFUL ASSISTANCE]. (a) A person commits an offense if the
143	143		person knowingly:
144		-	(1) provides assistance to a ~~voter who is not blind,~~
145		-	~~disabled, or unable to read or write [~~eligible for assistance];
	144	+	(1) provides or offers to provide assistance to a
	145	+	voter who is not eligible for assistance;
146	146		(2) while assisting a voter prepares the voter's
147	147		ballot in a way other than the way the voter directs or without
148		-	specific direction from the voter for each selection the assisting
149		-	person marks on the ballot;
	148	+	direction from the voter;
150	149		(3) while assisting a voter suggests by word, sign, or
151	150		gesture how the voter should vote; or
152		-	(4) provides assistance to a ~~voter who has not~~
153		-	requested assistance ~~and [~~or] selected the person ~~to assist the~~
154		-	voter.
	151	+	(4) provides or offers to provide assistance to a
	152	+	voter who has not first requested assistance or selected the person
	153	+	to assist the voter.
155	154		(b) A person commits an offense if the person knowingly
156	155		assists a voter in violation of Section 64.032 [64.032(c)].
157	156		(c) An election officer commits an offense if the officer
158	157		knowingly permits a person to provide assistance:
159	158		(1) to a voter in violation of this section [who is not
160	159		eligible for assistance]; or
161	160		(2) in violation of Section 64.032 [64.032(c)].
162	161		(d) An offense under this section is a state jail felony,
163	162		unless the offense is committed under Subsection (c), in which case
164	163		it is a Class A misdemeanor.
165	164		(e) An offense under this section is increased to the next
166	165		higher category of offense if it is shown on the trial of an offense
167	166		under this section that:
168	167		(1) the defendant was previously convicted of an
169	168		offense under this code;
170	169		(2) the offense involved a voter 65 years of age or
171	170		older; or
172	171		(3) the defendant committed another offense under this
173	172		section in the same election.
174		-	(f) If conduct that constitutes an offense under this
175		-	section also constitutes an offense under any other law, the actor
176		-	may be prosecuted under this section, the other law, or both.
177	173		SECTION 8. Section 84.004(e), Election Code, is amended to
178	174		read as follows:
179	175		(e) An offense under this section is a Class A [B]
180	176		misdemeanor.
181	177		SECTION 9. Section 84.0041, Election Code, is amended to
182	178		read as follows:
183	179		Sec. 84.0041. FRAUDULENT USE OF [PROVIDING FALSE
184	180		INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
185		-	commits an offense if the person:
186		-	~~(1) knowingly provides false~~ information on an
187		-	~~application for [an early voting]~~ ballot by mail;
188		-	(2) ~~intentionally causes false information to be~~
189		-	~~provided on an~~ application for ballot by ~~mail;~~
190		-	~~(3) knowingly submits~~ an application ~~for ballot by~~
191		-	~~mail without the knowledge and authorization of the voter;~~ or
192		-	~~(4) knowingly alters~~ or ~~provides information on a~~
193		-	~~voter's~~ application for ~~ballot by mail without the voter's request~~.
	181	+	commits an offense if the person knowingly provides or causes false
	182	+	information to be provided on an application for an early voting
	183	+	ballot by mail.
	184	+	(a-1) A person other than the voter commits an offense if
	185	+	the person knowingly alters a voter's application for ballot by
	186	+	mail or causes an application to be altered, without the voter's
	187	+	express consent. This offense does not apply to an early voting
	188	+	clerk or deputy early voting clerk who receives and marks an
	189	+	application for administrative purposes only.
194	190		(b) An offense under this section is a state jail felony
195	191		[unless the person is the applicant, is related to the applicant
196	192		within the second degree by affinity or the third degree by
197	193		consanguinity, as determined under Subchapter B, Chapter 573,
198	194		Government Code, or is registered to vote at the same address as the
199	195		applicant, in which event the offense is a Class A misdemeanor].
200		-	(c) An offense under Subsection (a)(4) does not apply to an
201		-	early voting clerk or deputy early voting clerk who receives and
202		-	marks an application for administrative purposes only.
203		-	(d) An offense under this section is increased to the next
	196	+	(c) An offense under this section is increased to the next
204	197		higher category of offense if it is shown on the trial of an offense
205	198		under this section that:
206	199		(1) the defendant was previously convicted of an
207	200		offense under this code;
208	201		(2) the offense involved a voter 65 years of age or
209	202		older; or
210	203		(3) the defendant committed another offense under this
211	204		section in the same election.
212		-	SECTION 10. The heading to Section 86.0051, Election Code,
213		-	is amended to read as follows:
214		-	Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
215		-	OTHER THAN VOTER[; OFFENSES].
216		-	SECTION 11. Section 86.0051, Election Code, is amended by
217		-	amending Subsections (b), (d), and (e) and adding Subsection (f) to
218		-	read as follows:
219		-	(b) A person other than the voter who assists a voter by
220		-	depositing [deposits] the carrier envelope in the mail or with a
221		-	common or contract carrier or who obtains the carrier envelope for
222		-	that purpose must provide the information required to be provided
223		-	on the certificate [person's signature, printed name, and residence
224		-	address] on the reverse side of the envelope.
225		-	(d) An offense under this section is a Class A [B]
226		-	misdemeanor, unless it is shown on the trial of an offense under
227		-	this section that the person committed [is convicted of] an offense
228		-	under Section 64.036 for providing unlawful assistance to the same
229		-	voter in connection with the same ballot, in which event the offense
230		-	is a state jail felony.
231		-	(e) This section does [Subsections (a) and (c) do] not
232		-	apply if the person is related to the voter [applicant] within the
233		-	second degree by affinity or the third degree by consanguinity, as
234		-	determined under Subchapter B, Chapter 573, Government Code, or was
235		-	physically living in [is registered to vote at] the same dwelling
236		-	[address] as the voter at the time of the event [applicant].
237		-	(f) If conduct that constitutes an offense under this
238		-	section also constitutes an offense under any other law, the actor
239		-	may be prosecuted under this section, the other law, or both.
240		-	SECTION 12. Sections 86.006(f), (g), and (g-1), Election
241		-	Code, are amended to read as follows:
242		-	(f) A person commits an offense if the person knowingly
243		-	possesses an official ballot or official carrier envelope provided
244		-	under this code to another. Unless the person possessed the ballot
245		-	or carrier envelope with intent to defraud the voter or the election
	205	+	SECTION 10. Chapter 86, Election Code, is amended by adding
	206	+	Section 86.0061 to read as follows:
	207	+	Sec. 86.0061. UNLAWFUL POSSESSION OF BALLOT. (a) A person
	208	+	commits an offense if the person knowingly possesses an official
	209	+	ballot or official carrier envelope provided under this code to
	210	+	another person. Unless the person possessed the ballot or carrier
	211	+	envelope with intent to defraud the voter or the election
246	212		authority, this subsection does not apply to a person who, on the
247		-	date of the offense, was:
248		-	(1) related to the voter within the second degree by
249		-	affinity or the third degree by consanguinity, as determined under
250		-	Subchapter B, Chapter 573, Government Code;
251		-	(2) physically living in [registered to vote at] the
252		-	same dwelling [address] as the voter;
253		-	(3) an early voting clerk or a deputy early voting
254		-	clerk;
255		-	(4) a person who possesses a ballot or [the] carrier
256		-	envelope solely for the purpose of lawfully assisting a voter who
257		-	was eligible for assistance under Section 86.010 and complied fully
258		-	with:
259		-	(A) Section 86.010; and
260		-	(B) Section 86.0051, if assistance was provided
261		-	only in order to deposit the envelope in the mail or with a common or
262		-	contract carrier [and who provides the information required by
263		-	Section 86.0051(b) in accordance with that section];
264		-	(5) an employee of the United States Postal Service
265		-	working in the normal course of the employee's authorized duties;
266		-	or
267		-	(6) a common or contract carrier working in the normal
268		-	course of the carrier's authorized duties if the official ballot is
269		-	sealed in an official carrier envelope that is accompanied by an
270		-	individual delivery receipt for that particular carrier envelope.
271		-	(g) An offense under Subsection (f) is a Class A misdemeanor
272		-	unless the defendant possessed the ballot or carrier envelope
273		-	without the request of the voter, in which case it is a felony of the
274		-	third degree. If conduct that constitutes an offense under this
275		-	section also constitutes an offense under any other law, the actor
276		-	may be prosecuted under this section, the other law, or both [:
277		-	[(1) a Class B misdemeanor if the person possesses at
278		-	least one but fewer than 10 ballots or carrier envelopes unless the
279		-	person possesses the ballots or carrier envelopes without the
280		-	consent of the voters, in which event the offense is a state jail
281		-	felony;
282		-	[(2) a Class A misdemeanor if the person possesses at
283		-	least 10 but fewer than 20 ballots or carrier envelopes unless the
284		-	person possesses the ballots or carrier envelopes without the
285		-	consent of the voters, in which event the offense is a felony of the
286		-	third degree; or
287		-	[(3) a state jail felony if the person possesses 20 or
288		-	more ballots or carrier envelopes unless the person possesses the
289		-	ballots or carrier envelopes without the consent of the voters, in
290		-	which event the offense is a felony of the second degree].
291		-	(g-1) An offense under Subsection (g) is increased to the
292		-	next higher category of offense if it is shown on the trial of an
293		-	offense under this section that:
	213	+	date of the possession:
	214	+	(1) was related to the voter within the second degree
	215	+	by affinity or the third degree by consanguinity, as determined
	216	+	under Subchapter B, Chapter 573, Government Code;
	217	+	(2) was registered to vote at and physically living in
	218	+	the same residence as the voter;
	219	+	(3) possessed the ballot or carrier envelope solely
	220	+	for the temporary purpose of assisting a voter who was eligible for
	221	+	assistance under Section 64.031, did not commit an offense under
	222	+	Section 64.036, and fully complied with the requirements of Section
	223	+	86.010;
	224	+	(4) was a deputy voter registrar who:
	225	+	(A) possessed a sealed carrier envelope for the
	226	+	sole purpose of depositing the carrier envelope in the mail;
	227	+	(B) met the qualifications of an assistant under
	228	+	Section 64.032; and
	229	+	(C) truthfully completed the affidavit required
	230	+	of an assistant on the certificate of the carrier envelope;
	231	+	(5) was an early voting clerk, deputy early voting
	232	+	clerk, or other election officer;
	233	+	(6) was an officer of the court, agent of law
	234	+	enforcement, or other individual authorized by a court who
	235	+	possessed a ballot or carrier envelope for the purpose of an
	236	+	election contest, criminal investigation, or proceeding in
	237	+	connection with an election; or
	238	+	(7) was an employee of the United States Postal
	239	+	Service working in the normal course of the employee's authorized
	240	+	duties.
	241	+	(b) An offense under Subsection (a) is a state jail felony.
	242	+	(c) An offense under this section is increased to the next
	243	+	higher category of offense if it is shown on the trial of an offense
	244	+	under this section that:
294	245		(1) the defendant was previously convicted of an
295	246		offense under this code;
296	247		(2) the offense involved an individual 65 years of age
297		-	or older; or
	248	+	or older;
298	249		(3) the defendant committed another offense under this
299		-	section in the same election [When ballots or carrier envelopes are
300		-	obtained in violation of this section pursuant to one scheme or
301		-	continuing course of conduct, whether from the same or several
302		-	sources, the conduct may be considered as one offense and the number
303		-	of ballots or carrier envelopes aggregated in determining the grade
304		-	of the offense].
305		-	SECTION 13. Section 86.010, Election Code, is amended to
	250	+	section in the same election; or
	251	+	(4) the defendant possessed the ballot or carrier
	252	+	envelope without the express consent of the voter.
	253	+	(d) In the prosecution of an offense under this section:
	254	+	(1) the prosecuting attorney is not required to negate
	255	+	the applicability of the provisions of Subsection (a)(1), (2), (3),
	256	+	or (4) in the charging instrument;
	257	+	(2) the issue of the applicability of a provision of
	258	+	Subsection (a)(1), (2), (3), or (4) is not submitted to the jury
	259	+	unless evidence of that provision is admitted; and
	260	+	(3) if the issue of the applicability of a provision of
	261	+	Subsection (a)(1), (2), (3), or (4) is submitted to the jury, the
	262	+	court shall charge that a reasonable doubt on the issue requires
	263	+	that the defendant be acquitted.
	264	+	(e) A ballot returned in violation of this section may not
	265	+	be counted.
	266	+	SECTION 11. Section 86.010, Election Code, is amended to
306	267		read as follows:
307	268		Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
308	269		MAIL. (a) A voter casting a ballot by mail who would be eligible
309	270		under Section 64.031 to receive assistance at a polling place may
310	271		select a person as provided by Section 64.032(c) to assist the voter
311	272		in preparing the ballot.
312	273		(b) Assistance rendered under this section is limited to
313		-	that authorized by this code at a polling place, except that a voter
314		-	with a disability who is physically unable to deposit the ballot and
315		-	carrier envelope in the mail may also select a person as provided by
316		-	Section 64.032(c) to assist the voter by depositing a sealed
317		-	carrier envelope in the mail.
	274	+	that authorized by this code at a polling place.
318	275		(c) The person assisting the voter must sign and complete a
319	276		written affidavit [oath] prescribed by Section 64.034 that is part
320	277		of the certificate on the official carrier envelope.
321	278		(d) If a voter is assisted in violation of this section
322	279		[Subsection (a) or (b)], the voter's ballot may not be counted.
323	280		(e) Before accepting a ballot under this section, an early
324	281		voting clerk must confirm the information provided under Subsection
325	282		(c) following the procedure described by Section 64.034(b) [A
326	283		person who assists a voter to prepare a ballot to be voted by mail
327	284		shall enter the person's signature, printed name, and residence
328	285		address on the official carrier envelope of the voter].
329	286		(f) A person who assists a voter commits an offense if the
330	287		person knowingly fails to provide the information on the official
331	288		carrier envelope [as] required by Subsection (c) [(e)].
332	289		(g) An offense under this section is a [Class A misdemeanor
333	290		unless the person is convicted of an offense under Section 64.036
334	291		for providing unlawful assistance to the same voter, in which event
335	292		the offense is a] state jail felony.
336		-	(h) Subsection (c) or (f) does not apply if the person is
337		-	related to the voter [applicant] within the second degree by
338		-	affinity or the third degree by consanguinity, as determined under
339		-	Subchapter B, Chapter 573, Government Code, or was physically
340		-	living in [is registered to vote at] the same dwelling [address] as
341		-	the voter at the time of the event [applicant].
	293	+	(h) Subsection (f) does not apply if the person is related
	294	+	to the applicant within the second degree by affinity or the third
	295	+	degree by consanguinity, as determined under Subchapter B, Chapter
	296	+	573, Government Code, or is registered to vote at and physically
	297	+	lives in the same residence [address] as the applicant.
342	298		(i) An offense under this section is increased to the next
343	299		higher category of offense if it is shown on the trial of an offense
344	300		under this section that:
345	301		(1) the defendant was previously convicted of an
346	302		offense under this code;
347	303		(2) the offense involved a voter 65 years of age or
348	304		older; or
349	305		(3) the defendant committed another offense under this
350	306		section in the same election.
351		-	(j) If conduct that constitutes an offense under this
352		-	section also constitutes an offense under any other law, the actor
353		-	may be prosecuted under this section, the other law, or both.
354		-	SECTION 14. Section 86.0105, Election Code, is amended to
	307	+	SECTION 12. Section 86.0105, Election Code, is amended to
355	308		read as follows:
356	309		Sec. 86.0105. PAID VOTE HARVESTING ACTIVITY [COMPENSATION
357	310		FOR ASSISTING VOTERS PROHIBITED]. (a) A person commits an offense
358	311		if the person:
359	312		(1) compensates or offers to compensate another person
360	313		for collecting mail ballots or assisting voters [as provided by
361	314		Section 86.010,] as part of any performance-based compensation
362	315		scheme based on the number of ballots collected or voters assisted
363	316		or in which another person is presented with a quota of ballots to
364	317		be collected or voters to be assisted [as provided by Section
365	318		86.010];
366	319		(2) engages in another practice that causes another
367	320		person's compensation from or employment status with the person to
368	321		be dependent on the number of ballots collected or voters assisted
369	322		[as provided by Section 86.010]; or
370	323		(3) [with knowledge that accepting compensation for
371	324		such activity is illegal,] accepts compensation or an offer of
372	325		compensation for an activity described by Subdivision (1) or (2).
373	326		(b) Except as provided by Subsection (c), an offense under
374	327		this section is a Class A misdemeanor [punishable by:
375		-	[(1) confinement in jail for a term of not more ~~than~~
376		-	one year or less than 30 days; or
377		-	[(2) confinement described by Subdivision (1) and a
378		-	fine not to exceed $4,000].
	328	+	[(1) confinement in jail for a term of not more
	329	+	than one year or less than 30 days; or
	330	+	[(2) confinement described by Subdivision (1) and
	331	+	a fine not to exceed $4,000].
379	332		(c) An offense under this section is increased to the next
380	333		higher category of offense [a state jail felony] if it is shown on
381	334		the trial of an offense under this section that:
382	335		(1) the defendant was previously convicted of an
383	336		offense under this code;
384	337		(2) the offense involved a voter 65 years of age or
385	338		older; or
386	339		(3) the defendant committed another offense [two or
387	340		more times] under this section in the same election.
388	341		(d) An officer, director, or other agent of an entity that
389	342		commits an offense under this section is punishable for the
390	343		offense.
391	344		(e) For purposes of this section, compensation means any
392	345		form of monetary payment, goods, services, benefits, or promises or
393	346		offers of employment, or any other form of consideration offered to
394	347		another person in exchange for assisting voters.
395		-	SECTION 15. Section 86.013(d), Election Code, is amended to
	348	+	SECTION 13. Section 86.013(d), Election Code, is amended to
396	349		read as follows:
397	350		(d) The following textual material, as prescribed by the
398	351		secretary of state, must be printed on the reverse side of the
399	352		official carrier envelope or on a separate sheet accompanying the
400	353		carrier envelope when it is provided:
401	354		(1) the prohibition prescribed by Section 86.006(b);
402	355		(2) the conditions for delivery by common or contract
403	356		carrier prescribed by Sections 81.005 and 86.006;
404	357		(3) the requirements for the legal execution and
405	358		delivery of the carrier envelope, including the prohibition on
406	359		compensation for depositing carrier envelopes containing ballots
407	360		voted by other persons under Section 86.0105 [86.0052];
408	361		(4) the prohibition prescribed by Section 86.006(e);
409	362		and
410		-	(5) the offenses prescribed by Sections 86.~~006(f) and~~
411		-	86.010(f).
412		-	SECTION 16. Section 87.041, Election Code, is amended by
	363	+	(5) the offenses prescribed by Sections 86.0061
	364	+	[86.006(f)] and 86.010(f).
	365	+	SECTION 14. Section 87.041, Election Code, is amended by
413	366		amending Subsections (b) and (e) and adding Subsection (g) to read
414	367		as follows:
415	368		(b) A ballot may be accepted only if:
416	369		(1) the carrier envelope certificate is properly
417	370		executed in compliance with Sections 86.006 and 86.010;
418	371		(2) neither the voter's signature on the ballot
419	372		application nor the signature on the carrier envelope certificate
420	373		is determined to have been executed by a person other than the
421	374		voter, unless signed by a witness;
422	375		(3) the voter's ballot application states a legal
423	376		ground for early voting by mail;
424	377		(4) the voter is registered to vote, if registration
425	378		is required by law;
426	379		(5) the address to which the ballot was mailed to the
427	380		voter, as indicated by the application, was outside the voter's
428	381		county of residence, if the ground for early voting is absence from
429	382		the county of residence;
430	383		(6) for a voter to whom a statement of residence form
431	384		was required to be sent under Section 86.002(a), the statement of
432	385		residence is returned in the carrier envelope and indicates that
433	386		the voter satisfies the residence requirements prescribed by
434	387		Section 63.0011; and
435	388		(7) the address to which the ballot was mailed to the
436	389		voter is an address that is otherwise required by Sections 84.002
437	390		and 86.003.
438	391		(e) In making the determination under Subsection (b)(2),
439	392		the board may also compare the signatures with any two or more
440	393		signatures of the voter made within the preceding six years and on
441	394		file with the voter registrar to confirm that the signatures are
442	395		those of the same person [but may not use the signatures to
443	396		determine that the signatures are not those of the same person].
444	397		(g) A person commits an offense if the person intentionally
445	398		accepts a ballot or causes a ballot to be accepted for voting that
446	399		does not meet the requirements of Subsection (b). An offense under
447	400		this subsection is a Class A misdemeanor.
448		-	SECTION 17. Section 87.0431, Election Code, is amended to
	401	+	SECTION 15. Section 87.0431, Election Code, is amended to
449	402		read as follows:
450	403		Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later
451	404		than the 10th day after election day, the presiding judge of the
452	405		early voting ballot board shall deliver written notice of the
453	406		reason for the rejection of a ballot to the voter at the residence
454		-	address on the ballot application. If the ballot was transmitted
455		-	to the voter by e-mail under Subchapter C, Chapter 101, the
456		-	~~presiding~~ judge shall also provide the notice to the e-mail address
457		-	~~to which~~ the ballot was sent.
	407	+	address on the ballot application. If the ballot was transmitted to
	408	+	the voter by e-mail under Subchapter C, Chapter 101, the presiding
	409	+	judge shall also provide the notice to the e-mail address to which
	410	+	the ballot was sent.
458	411		(b) The presiding judge shall, not later than the 10th day
459	412		after election day, deliver written notice to the attorney general,
460	413		including certified copies of the carrier envelope and
461	414		corresponding ballot application, of any ballot rejected because:
462	415		(1) the voter was deceased;
463	416		(2) the voter already voted in person in the same
464	417		election;
465	418		(3) the signatures on the carrier envelope and ballot
466	419		application were not executed by the same person;
467	420		(4) the carrier envelope certificate lacked a witness
468	421		signature; or
469	422		(5) the carrier envelope certificate was improperly
470	423		executed by an assistant.
471		-	SECTION 18. Section 86.0052, Election Code, is repealed.
472		-	SECTION 19. The changes in law made by this Act apply only
	424	+	SECTION 16. The following provisions of the Election Code
	425	+	are repealed:
	426	+	(1) Sections 86.006(f), (g), (g-1), and (i); and
	427	+	(2) Sections 86.0051 and 86.0052.
	428	+	SECTION 17. The changes in law made by this Act apply only
473	429		to an offense committed on or after the effective date of this Act.
474	430		An offense committed before the effective date of this Act is
475	431		governed by the law in effect on the date the offense was committed,
476	432		and the former law is continued in effect for that purpose. For
477	433		purposes of this section, an offense was committed before the
478	434		effective date of this Act if any element of the offense occurred
479	435		before that date.
480		-	SECTION 20. This Act takes effect September 1, 2017.
	436	+	SECTION 18. This Act takes effect September 1, 2017.