Texas 2017 - 85th 1st C.S.

Texas House Bill HB169 Compare Versions

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

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1	1	85S10577 ATP-F
2	2	By: Fallon H.B. No. 169
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to assisting voters and other voting processes and
8	8	procedures; creating criminal offenses; increasing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 61.034, Election Code, is amended to
12	12	read as follows:
13	13	Sec. 61.034. TRANSLATING BALLOT. If a voter cannot
14	14	comprehend the language in which the ballot is printed, the voter
15	15	may receive voting assistance under Section 64.031 [an interpreter
16	16	may accompany the voter to the voting station for the purpose of
17	17	translating the ballot to the voter].
18	18	SECTION 2. Section 63.012, Election Code, is amended to
19	19	read as follows:
20	20	Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT
21	21	VOTER. (a) An election officer commits an offense if the officer
22	22	knowingly:
23	23	(1) permits an ineligible voter to vote other than as
24	24	provided by Section 63.011; [or]
25	25	(2) permits an unlawful vote or ineligible ballot to
26	26	be cast in a manner that will be counted; or
27	27	(3) refuses to accept a person for voting whose
28	28	acceptance is required by this code.
29	29	(b) An offense under this section is a Class A [B]
30	30	misdemeanor.
31	31	SECTION 3. Subchapter B, Chapter 64, Election Code, is
32	32	amended by adding Section 64.030 to read as follows:
33	33	Sec. 64.030. DEFINITIONS. In this subchapter:
34	34	(1) "Assistance" includes any activity, other than a
35	35	general procedure or instruction by an election officer, in which a
36	36	person:
37	37	(A) communicates with a voter in the presence of
38	38	a ballot regarding the voting of the ballot;
39	39	(B) aids a voter by reading or marking the
40	40	ballot; or
41	41	(C) takes physical possession of a ballot voted
42	42	by another person.
43	43	(2) "Disability" means any physical impairment that
44	44	renders a person unable to physically complete or cast a ballot.
45	45	SECTION 4. Section 64.031, Election Code, is amended to
46	46	read as follows:
47	47	Sec. 64.031. VOTING [ELIGIBILITY FOR] ASSISTANCE FOR BLIND,
48	48	DISABLED, OR ILLITERATE PERSON. A voter who is unable to read or
49	49	mark the ballot by reason of blindness, disability, or [is eligible
50	50	to receive assistance in marking the ballot, as provided by this
51	51	subchapter, if the voter cannot prepare the ballot because of:
52	52	[(1) a physical disability that renders the voter
53	53	unable to write or see; or
54	54	[(2) an] inability to read the language in which the
55	55	ballot is written is eligible for assistance as provided by this
56	56	subchapter.
57	57	SECTION 5. Sections 64.032(c) and (d), Election Code, are
58	58	amended to read as follows:
59	59	(c) On the voter's request for assistance indicating a
60	60	reason for eligibility listed under Section 64.031, the voter may
61	61	be assisted by any person selected by the voter other than the
62	62	voter's employer, an agent of the voter's employer, or an officer or
63	63	agent of a labor union to which the voter belongs. A voter is not
64	64	required to provide further proof of eligibility for assistance in
65	65	order to receive assistance.
66	66	(d) If assistance is provided by a person of the voter's
67	67	choice, an election officer shall enter the person's name and
68	68	address on the poll list beside the voter's name and shall require
69	69	the assistant to complete a voter assistance affidavit under
70	70	Section 64.034.
71	71	SECTION 6. Section 64.034, Election Code, is amended to
72	72	read as follows:
73	73	Sec. 64.034. VOTER ASSISTANCE AFFIDAVIT [OATH].
74	74	(a) Before a [A] person other than an election officer provides
75	75	[selected to provide] assistance to a voter, the assisting person
76	76	must complete, sign, and submit an affidavit that includes:
77	77	(1) the assisting person's legal name, residence
78	78	address, and date of birth;
79	79	(2) the nature of the relationship of the person to the
80	80	voter;
81	81	(3) the reason for the voter's eligibility to receive
82	82	assistance under Section 64.031;
83	83	(4) a disclosure of whether the assisting person has
84	84	been compensated in any way or offered or promised any type of
85	85	compensation, political favor, or official act of discretion to
86	86	assist voters; and
87	87	(5) [must take] the following oath, which must be
88	88	administered by an election officer at the polling place, before
89	89	providing assistance:
90	90	"I swear (or affirm) under penalty of law that all of the
91	91	above information and affirmations are true and accurate, and that
92	92	I will not suggest, by word, sign, or gesture, how the voter should
93	93	vote nor communicate any opinion regarding any candidate, measure,
94	94	or political party; I will confine my assistance to answering the
95	95	voter's questions about the process of casting the ballot, to
96	96	stating propositions on the ballot, and to naming candidates and,
97	97	if listed, their political parties; I will prepare the voter's
98	98	ballot only as the voter specifically directs; and I am not the
99	99	voter's employer, an agent of the voter's employer, or an officer or
100	100	agent of a labor union to which the voter belongs. I understand it
101	101	is a criminal offense to provide false information in this
102	102	affidavit, to make any record of or divulge any information about
103	103	how a voter has voted, or to in any way influence the independent
104	104	choice of the voter."
105	105	(b) Before allowing a person to assist a voter under
106	106	Subsection (a), an election officer must:
107	107	(1) review the voter assistance affidavit form and
108	108	confirm that the form is complete;
109	109	(2) note on the form the reason provided by the voter
110	110	for eligibility for assistance under Section 64.031;
111	111	(3) confirm that the assisting person is eligible to
112	112	assist the voter under Section 64.032 based on the answers
113	113	provided;
114	114	(4) administer the oath to the assisting person; and
115	115	(5) sign the voter assistance affidavit attesting that
116	116	the officer has complied with Subdivisions (1)-(4).
117	117	(c) An election officer commits an offense if the officer
118	118	knowingly fails to comply with any part of Subsection (b). An
119	119	offense under this subsection is a Class A misdemeanor.
120	120	(d) A person commits an offense if the person knowingly
121	121	provides false information on a voter assistance affidavit. An
122	122	offense under this subsection is a state jail felony.
123	123	(e) A person commits an offense if the person knowingly
124	124	omits information on an affidavit under this section. An offense
125	125	under this subsection is a Class A misdemeanor.
126	126	(f) An offense under this section is increased to the next
127	127	higher category of offense if it is shown on the trial of an offense
128	128	under this section that:
129	129	(1) the defendant was previously convicted of an
130	130	offense under this code;
131	131	(2) the offense involved a voter 65 years of age or
132	132	older; or
133	133	(3) the defendant committed another offense under this
134	134	section in the same election.
135	135	(g) The secretary of state shall prescribe a form to
136	136	implement this section.
137	137	SECTION 7. Section 64.036, Election Code, is amended to
138	138	read as follows:
139	139	Sec. 64.036. UNLAWFULLY ASSISTING OR INFLUENCING A VOTER
140	140	[UNLAWFUL ASSISTANCE]. (a) A person commits an offense if the
141	141	person knowingly:
142	142	(1) provides assistance to a voter who is not blind,
143	143	disabled, or unable to read or write [eligible for assistance];
144	144	(2) while assisting a voter prepares the voter's
145	145	ballot in a way other than the way the voter directs or without
146	146	specific direction from the voter for each selection the assisting
147	147	person marks on the ballot;
148	148	(3) while assisting a voter suggests by word, sign, or
149	149	gesture how the voter should vote; or
150	150	(4) provides assistance to a voter who has not
151	151	requested assistance and [or] selected the person to assist the
152	152	voter.
153	153	(b) A person commits an offense if the person knowingly
154	154	assists a voter in violation of Section 64.032 [64.032(c)].
155	155	(c) An election officer commits an offense if the officer
156	156	knowingly permits a person to provide assistance:
157	157	(1) to a voter in violation of this section [who is not
158	158	eligible for assistance]; or
159	159	(2) in violation of Section 64.032 [64.032(c)].
160	160	(d) An offense under this section is a state jail felony,
161	161	unless the offense is committed under Subsection (c), in which case
162	162	it is a Class A misdemeanor.
163	163	(e) An offense under this section is increased to the next
164	164	higher category of offense if it is shown on the trial of an offense
165	165	under this section that:
166	166	(1) the defendant was previously convicted of an
167	167	offense under this code;
168	168	(2) the offense involved a voter 65 years of age or
169	169	older; or
170	170	(3) the defendant committed another offense under this
171	171	section in the same election.
172	172	(f) If conduct that constitutes an offense under this
173	173	section also constitutes an offense under any other law, the actor
174	174	may be prosecuted under this section, the other law, or both.
175	175	SECTION 8. Section 84.004(e), Election Code, is amended to
176	176	read as follows:
177	177	(e) An offense under this section is a Class A [B]
178	178	misdemeanor.
179	179	SECTION 9. Section 84.0041, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 84.0041. FRAUDULENT USE OF [PROVIDING FALSE
182	182	INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
183	183	commits an offense if the person:
184	184	(1) knowingly provides false information on an
185	185	application for [an early voting] ballot by mail;
186	186	(2) intentionally causes false information to be
187	187	provided on an application for ballot by mail;
188	188	(3) knowingly submits an application for ballot by
189	189	mail without the knowledge and authorization of the voter; or
190	190	(4) knowingly alters or provides information on a
191	191	voter's application for ballot by mail without the voter's request.
192	192	(b) An offense under this section is a state jail felony
193	193	[unless the person is the applicant, is related to the applicant
194	194	within the second degree by affinity or the third degree by
195	195	consanguinity, as determined under Subchapter B, Chapter 573,
196	196	Government Code, or is registered to vote at the same address as the
197	197	applicant, in which event the offense is a Class A misdemeanor].
198	198	(c) An offense under Subsection (a)(4) does not apply to an
199	199	early voting clerk or deputy early voting clerk who receives and
200	200	marks an application for administrative purposes only.
201	201	(d) An offense under this section is increased to the next
202	202	higher category of offense if it is shown on the trial of an offense
203	203	under this section that:
204	204	(1) the defendant was previously convicted of an
205	205	offense under this code;
206	206	(2) the offense involved a voter 65 years of age or
207	207	older; or
208	208	(3) the defendant committed another offense under this
209	209	section in the same election.
210	210	SECTION 10. The heading to Section 86.0051, Election Code,
211	211	is amended to read as follows:
212	212	Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
213	213	OTHER THAN VOTER[; OFFENSES].
214	214	SECTION 11. Section 86.0051, Election Code, is amended by
215	215	amending Subsections (b), (d), and (e) and adding Subsection (f) to
216	216	read as follows:
217	217	(b) A person other than the voter who assists a voter by
218	218	depositing [deposits] the carrier envelope in the mail or with a
219	219	common or contract carrier or who obtains the carrier envelope for
220	220	that purpose must provide the information required to be provided
221	221	on the certificate [person's signature, printed name, and residence
222	222	address] on the reverse side of the envelope.
223	223	(d) An offense under this section is a Class A [B]
224	224	misdemeanor, unless it is shown on the trial of an offense under
225	225	this section that the person committed [is convicted of] an offense
226	226	under Section 64.036 for providing unlawful assistance to the same
227	227	voter in connection with the same ballot, in which event the offense
228	228	is a state jail felony.
229	229	(e) This section does [Subsections (a) and (c) do] not
230	230	apply if the person is related to the voter [applicant] within the
231	231	second degree by affinity or the third degree by consanguinity, as
232	232	determined under Subchapter B, Chapter 573, Government Code, or was
233	233	physically living in [is registered to vote at] the same dwelling
234	234	[address] as the voter at the time of the event [applicant].
235	235	(f) If conduct that constitutes an offense under this
236	236	section also constitutes an offense under any other law, the actor
237	237	may be prosecuted under this section, the other law, or both.
238	238	SECTION 12. Sections 86.006(f), (g), and (g-1), Election
239	239	Code, are amended to read as follows:
240	240	(f) A person commits an offense if the person knowingly
241	241	possesses an official ballot or official carrier envelope provided
242	242	under this code to another. Unless the person possessed the ballot
243	243	or carrier envelope with intent to defraud the voter or the election
244	244	authority, this subsection does not apply to a person who, on the
245	245	date of the offense, was:
246	246	(1) related to the voter within the second degree by
247	247	affinity or the third degree by consanguinity, as determined under
248	248	Subchapter B, Chapter 573, Government Code;
249	249	(2) physically living in [registered to vote at] the
250	250	same dwelling [address] as the voter;
251	251	(3) an early voting clerk or a deputy early voting
252	252	clerk;
253	253	(4) a person who possesses a ballot or [the] carrier
254	254	envelope solely for the purpose of lawfully assisting a voter who
255	255	was eligible for assistance under Section 86.010 and complied fully
256	256	with:
257	257	(A) Section 86.010; and
258	258	(B) Section 86.0051, if assistance was provided
259	259	only in order to deposit the envelope in the mail or with a common or
260	260	contract carrier [and who provides the information required by
261	261	Section 86.0051(b) in accordance with that section];
262	262	(5) an employee of the United States Postal Service
263	263	working in the normal course of the employee's authorized duties;
264	264	or
265	265	(6) a common or contract carrier working in the normal
266	266	course of the carrier's authorized duties if the official ballot is
267	267	sealed in an official carrier envelope that is accompanied by an
268	268	individual delivery receipt for that particular carrier envelope.
269	269	(g) An offense under Subsection (f) is a Class A misdemeanor
270	270	unless the defendant possessed the ballot or carrier envelope
271	271	without the request of the voter, in which case it is a felony of the
272	272	third degree. If conduct that constitutes an offense under this
273	273	section also constitutes an offense under any other law, the actor
274	274	may be prosecuted under this section, the other law, or both [:
275	275	[(1) a Class B misdemeanor if the person possesses at
276	276	least one but fewer than 10 ballots or carrier envelopes unless the
277	277	person possesses the ballots or carrier envelopes without the
278	278	consent of the voters, in which event the offense is a state jail
279	279	felony;
280	280	[(2) a Class A misdemeanor if the person possesses at
281	281	least 10 but fewer than 20 ballots or carrier envelopes unless the
282	282	person possesses the ballots or carrier envelopes without the
283	283	consent of the voters, in which event the offense is a felony of the
284	284	third degree; or
285	285	[(3) a state jail felony if the person possesses 20 or
286	286	more ballots or carrier envelopes unless the person possesses the
287	287	ballots or carrier envelopes without the consent of the voters, in
288	288	which event the offense is a felony of the second degree].
289	289	(g-1) An offense under Subsection (g) is increased to the
290	290	next higher category of offense if it is shown on the trial of an
291	291	offense under this section that:
292	292	(1) the defendant was previously convicted of an
293	293	offense under this code;
294	294	(2) the offense involved an individual 65 years of age
295	295	or older; or
296	296	(3) the defendant committed another offense under this
297	297	section in the same election [When ballots or carrier envelopes are
298	298	obtained in violation of this section pursuant to one scheme or
299	299	continuing course of conduct, whether from the same or several
300	300	sources, the conduct may be considered as one offense and the number
301	301	of ballots or carrier envelopes aggregated in determining the grade
302	302	of the offense].
303	303	SECTION 13. Section 86.010, Election Code, is amended to
304	304	read as follows:
305	305	Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
306	306	MAIL. (a) A voter casting a ballot by mail who would be eligible
307	307	under Section 64.031 to receive assistance at a polling place may
308	308	select a person as provided by Section 64.032(c) to assist the voter
309	309	in preparing the ballot.
310	310	(b) Assistance rendered under this section is limited to
311	311	that authorized by this code at a polling place, except that a voter
312	312	with a disability who is physically unable to deposit the ballot and
313	313	carrier envelope in the mail may also select a person as provided by
314	314	Section 64.032(c) to assist the voter by depositing a sealed
315	315	carrier envelope in the mail.
316	316	(c) The person assisting the voter must sign and complete a
317	317	written affidavit [oath] prescribed by Section 64.034 that is part
318	318	of the certificate on the official carrier envelope.
319	319	(d) If a voter is assisted in violation of this section
320	320	[Subsection (a) or (b)], the voter's ballot may not be counted.
321	321	(e) Before accepting a ballot under this section, an early
322	322	voting clerk must confirm the information provided under Subsection
323	323	(c) following the procedure described by Section 64.034(b) [A
324	324	person who assists a voter to prepare a ballot to be voted by mail
325	325	shall enter the person's signature, printed name, and residence
326	326	address on the official carrier envelope of the voter].
327	327	(f) A person who assists a voter commits an offense if the
328	328	person knowingly fails to provide the information on the official
329	329	carrier envelope [as] required by Subsection (c) [(e)].
330	330	(g) An offense under this section is a [Class A misdemeanor
331	331	unless the person is convicted of an offense under Section 64.036
332	332	for providing unlawful assistance to the same voter, in which event
333	333	the offense is a] state jail felony.
334	334	(h) Subsection (c) or (f) does not apply if the person is
335	335	related to the voter [applicant] within the second degree by
336	336	affinity or the third degree by consanguinity, as determined under
337	337	Subchapter B, Chapter 573, Government Code, or was physically
338	338	living in [is registered to vote at] the same dwelling [address] as
339	339	the voter at the time of the event [applicant].
340	340	(i) An offense under this section is increased to the next
341	341	higher category of offense if it is shown on the trial of an offense
342	342	under this section that:
343	343	(1) the defendant was previously convicted of an
344	344	offense under this code;
345	345	(2) the offense involved a voter 65 years of age or
346	346	older; or
347	347	(3) the defendant committed another offense under this
348	348	section in the same election.
349	349	(j) If conduct that constitutes an offense under this
350	350	section also constitutes an offense under any other law, the actor
351	351	may be prosecuted under this section, the other law, or both.
352	352	SECTION 14. The heading to Section 86.0105, Election Code,
353	353	is amended to read as follows:
354	354	Sec. 86.0105. PAID VOTE HARVESTING ACTIVITY [COMPENSATION
355	355	FOR ASSISTING VOTERS PROHIBITED].
356	356	SECTION 15. Sections 86.0105(a), (b), and (c), Election
357	357	Code, are amended to read as follows:
358	358	(a) A person commits an offense if the person:
359	359	(1) compensates or offers to compensate another person
360	360	for collecting mail ballots or assisting voters [as provided by
361	361	Section 86.010,] as part of any performance-based compensation
362	362	scheme based on the number of ballots collected or voters assisted
363	363	or in which another person is presented with a quota of ballots to
364	364	be collected or voters to be assisted [as provided by Section
365	365	86.010];
366	366	(2) engages in another practice that causes another
367	367	person's compensation from or employment status with the person to
368	368	be dependent on the number of ballots collected or voters assisted
369	369	[as provided by Section 86.010]; or
370	370	(3) [with knowledge that accepting compensation for
371	371	such activity is illegal,] accepts compensation or an offer of
372	372	compensation for an activity described by Subdivision (1) or (2).
373	373	(b) Except as provided by Subsection (c), an offense under
374	374	this section is a Class A misdemeanor [punishable by:
375	375	[(1) confinement in jail for a term of not more than
376	376	one year or less than 30 days; or
377	377	[(2) confinement described by Subdivision (1) and a
378	378	fine not to exceed $4,000].
379	379	(c) An offense under this section is increased to the next
380	380	higher category of offense [a state jail felony] if it is shown on
381	381	the trial of an offense under this section that:
382	382	(1) the defendant was previously convicted of an
383	383	offense under this code;
384	384	(2) the offense involved a voter 65 years of age or
385	385	older; or
386	386	(3) the defendant committed another offense [two or
387	387	more times] under this section in the same election.
388	388	SECTION 16. Section 86.013(d), Election Code, is amended to
389	389	read as follows:
390	390	(d) The following textual material, as prescribed by the
391	391	secretary of state, must be printed on the reverse side of the
392	392	official carrier envelope or on a separate sheet accompanying the
393	393	carrier envelope when it is provided:
394	394	(1) the prohibition prescribed by Section 86.006(b);
395	395	(2) the conditions for delivery by common or contract
396	396	carrier prescribed by Sections 81.005 and 86.006;
397	397	(3) the requirements for the legal execution and
398	398	delivery of the carrier envelope, including the prohibition on
399	399	compensation for depositing carrier envelopes containing ballots
400	400	voted by other persons under Section 86.0105 [86.0052];
401	401	(4) the prohibition prescribed by Section 86.006(e);
402	402	and
403	403	(5) the offenses prescribed by Sections 86.006(f) and
404	404	86.010(f).
405	405	SECTION 17. Section 87.041, Election Code, is amended by
406	406	amending Subsections (b) and (e) and adding Subsection (g) to read
407	407	as follows:
408	408	(b) A ballot may be accepted only if:
409	409	(1) the carrier envelope certificate is properly
410	410	executed in compliance with Sections 86.006 and 86.010;
411	411	(2) neither the voter's signature on the ballot
412	412	application nor the signature on the carrier envelope certificate
413	413	is determined to have been executed by a person other than the
414	414	voter, unless signed by a witness;
415	415	(3) the voter's ballot application states a legal
416	416	ground for early voting by mail;
417	417	(4) the voter is registered to vote, if registration
418	418	is required by law;
419	419	(5) the address to which the ballot was mailed to the
420	420	voter, as indicated by the application, was outside the voter's
421	421	county of residence, if the ground for early voting is absence from
422	422	the county of residence;
423	423	(6) for a voter to whom a statement of residence form
424	424	was required to be sent under Section 86.002(a), the statement of
425	425	residence is returned in the carrier envelope and indicates that
426	426	the voter satisfies the residence requirements prescribed by
427	427	Section 63.0011; and
428	428	(7) the address to which the ballot was mailed to the
429	429	voter is an address that is otherwise required by Sections 84.002
430	430	and 86.003.
431	431	(e) In making the determination under Subsection (b)(2),
432	432	the board may also compare the signatures with any two or more
433	433	signatures of the voter made within the preceding six years and on
434	434	file with the voter registrar to confirm that the signatures are
435	435	those of the same person [but may not use the signatures to
436	436	determine that the signatures are not those of the same person].
437	437	(g) A person commits an offense if the person intentionally
438	438	accepts a ballot or causes a ballot to be accepted for voting that
439	439	does not meet the requirements of Subsection (b). An offense under
440	440	this subsection is a Class A misdemeanor.
441	441	SECTION 18. Section 87.0431, Election Code, is amended to
442	442	read as follows:
443	443	Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later
444	444	than the 10th day after election day, the presiding judge of the
445	445	early voting ballot board shall deliver written notice of the
446	446	reason for the rejection of a ballot to the voter at the residence
447	447	address on the ballot application. If the ballot was transmitted
448	448	to the voter by e-mail under Subchapter C, Chapter 101, the
449	449	presiding judge shall also provide the notice to the e-mail address
450	450	to which the ballot was sent.
451	451	(b) The presiding judge shall, not later than the 10th day
452	452	after election day, deliver written notice to the attorney general,
453	453	including certified copies of the carrier envelope and
454	454	corresponding ballot application, of any ballot rejected because:
455	455	(1) the voter was deceased;
456	456	(2) the voter already voted in person in the same
457	457	election;
458	458	(3) the signatures on the carrier envelope and ballot
459	459	application were not executed by the same person;
460	460	(4) the carrier envelope certificate lacked a witness
461	461	signature; or
462	462	(5) the carrier envelope certificate was improperly
463	463	executed by an assistant.
464	464	SECTION 19. Section 86.0052, Election Code, is repealed.
465	465	SECTION 20. The changes in law made by this Act apply only
466	466	to an offense committed on or after the effective date of this Act.
467	467	An offense committed before the effective date of this Act is
468	468	governed by the law in effect on the date the offense was committed,
469	469	and the former law is continued in effect for that purpose. For
470	470	purposes of this section, an offense was committed before the
471	471	effective date of this Act if any element of the offense occurred
472	472	before that date.
473	473	SECTION 21. This Act takes effect December 1, 2017.