Texas 2017 - 85th 1st C.S.

Texas House Bill HB184 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85S12226 ADM-D
2		-	By: Goldman, Laubenberg, Bonnen of Brazoria, H.B. No. 184
3		-	Anderson of Dallas, Burkett, et al.
4		-	Substitute the following for H.B. No. 184:
5		-	By: Anderson of Dallas C.S.H.B. No. 184
	1	+	85S10753 ADM-D
	2	+	By: Goldman H.B. No. 184
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the prevention of fraud in the conduct of an election;
11		-	creating criminal ~~offenses~~; increasing criminal penalties.
	8	+	creating a criminal offense; increasing criminal penalties.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 64.012(a), Election Code, is amended to
14	11		read as follows:
15	12		(a) A person commits an offense if the person:
16	13		(1) votes or attempts to vote in an election in which
17	14		the person knows the person is not eligible to vote;
18	15		(2) knowingly votes or attempts to vote more than once
19	16		in an election;
20	17		(3) knowingly [impersonates another person and] votes
21	18		or attempts to vote a ballot belonging to another person, or by
22	19		impersonating another [as the impersonated] person; or
23	20		(4) knowingly marks or attempts to mark any portion of
24	21		another person's ballot without the consent of that person, or
25	22		without specific direction from that person how to mark the ballot.
26	23		SECTION 2. Section 66.058(a), Election Code, is amended to
27	24		read as follows:
28	25		(a) Except as otherwise provided by this code, the precinct
29	26		election records shall be preserved by the authority to whom they
30	27		are distributed[:
31	28		[(1) in an election involving a federal office,] for
32		-	at least 22 months after election day [in accordance with federal
33		-	law; or
	29	+	at least 22 months after election day, in accordance with federal
	30	+	law in an election involving a federal office[; or
34	31		[(2) in an election not involving a federal office,
35	32		for at least six months after election day].
36		-	SECTION 3. Section 84.001(b), Election Code, is amended to
37		-	read as follows:
38		-	(b) An application must be in writing and signed by the
39		-	applicant. An electronic signature is not permitted.
40		-	SECTION 4. Section 84.0041, Election Code, is amended to
	33	+	SECTION 3. Section 84.0041, Election Code, is amended to
41	34		read as follows:
42	35		Sec. 84.0041. FRAUDULENT USE OF [PROVIDING FALSE
43	36		INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
44	37		commits an offense if the person:
45	38		(1) knowingly provides false information on an
46	39		application for [an early voting] ballot by mail;
47	40		(2) intentionally causes false information to be
48	41		provided on an application for ballot by mail;
49	42		(3) knowingly submits an application for ballot by
50	43		mail without the knowledge and authorization of the voter; or
51	44		(4) knowingly and without the voter's authorization
52		-	alters information provided by the voter on an application ~~for~~
53		-	ballot by mail.
	45	+	alters information provided by the voter on the voter's application
	46	+	for ballot by mail.
54	47		(b) An offense under this section is a state jail felony
55	48		[unless the person is the applicant, is related to the applicant
56	49		within the second degree by affinity or the third degree by
57	50		consanguinity, as determined under Subchapter B, Chapter 573,
58	51		Government Code, or is registered to vote at the same address as the
59	52		applicant, in which event the offense is a Class A misdemeanor].
60	53		(c) An offense under Subsection (a)(4) does not apply to an
61	54		early voting clerk or deputy early voting clerk who receives and
62	55		marks an application for administrative purposes only.
63	56		(d) An offense under this section is increased to the next
64	57		higher category of offense if it is shown on the trial of an offense
65	58		under this section that:
66	59		(1) the defendant was previously convicted of an
67	60		offense under this code;
68	61		(2) the offense involved a voter 65 years of age or
69	62		older; or
70	63		(3) the defendant committed another offense under this
71	64		section in the same election.
72		-	SECTION 5. Section 84.007, Election Code, is amended by
73		-	amending Subsection (b) and adding Subsection (b-1) to read as
74		-	follows:
75		-	(b) An application must be submitted to the early voting
76		-	clerk by:
77		-	(1) mail;
78		-	(2) common or contract carrier;
79		-	(3) subject to Subsection (b-1), telephonic facsimile
80		-	machine, if a machine is available in the clerk's office; or
81		-	(4) subject to Subsection (b-1), electronic
82		-	transmission of a scanned application containing an original
83		-	signature.
84		-	(b-1) For an application for ballot by mail submitted by
85		-	telephonic facsimile machine or electronic transmission to be
86		-	effective, the application also must be submitted by mail and be
87		-	received by the registrar not later than the fourth business day
88		-	after the transmission by telephonic facsimile machine or
89		-	electronic transmission is received.
90		-	SECTION 6. Section 84.032(c), Election Code, is amended to
91		-	read as follows:
92		-	(c) An applicant may submit a request after the close of
93		-	early voting by personal appearance by appearing in person and:
94		-	(1) returning the ballot to be voted by mail to the
95		-	early voting clerk; or
96		-	(2) executing an affidavit that the applicant:
97		-	(A) has not received the ballot to be voted by
98		-	mail; or
99		-	(B) never requested a ballot to be voted by mail.
100		-	SECTION 7. Section 84.037, Election Code, is amended to
101		-	read as follows:
102		-	Sec. 84.037. PRESERVATION OF DOCUMENTS. (a) The early
103		-	voting clerk shall preserve each cancellation request for the
104		-	period for preserving the precinct election records. If the
105		-	application is canceled, the clerk shall attach it and the
106		-	corresponding ballot materials, if available, to the cancellation
107		-	request and preserve it with the request.
108		-	(b) The early voting clerk shall, not later than the 30th
109		-	day after election day, deliver notice to the attorney general of
110		-	cancellation requests received, including certified copies of
111		-	cancellation requests, applications, and carrier envelopes, if
112		-	available.
113		-	(c) The attorney general shall prescribe the form and manner
114		-	of submission under Subsection (b). The secretary of state shall
115		-	adopt rules as necessary to implement the requirements prescribed
116		-	under this subsection.
117		-	SECTION 8. Sections 86.003(a) and (b), Election Code, as
118		-	effective September 1, 2017, are amended to read as follows:
119		-	(a) The balloting materials for voting by mail shall be
120		-	provided to the voter by mail [, unless the ballot is delivered to a
121		-	voter for early voting under Chapter 107]. A ballot provided by any
122		-	other method may not be counted.
123		-	(b) Subject to Subsection (c), the balloting materials
124		-	shall be addressed to the applicable address specified in the
125		-	voter's application. The election officer providing the ballot may
126		-	not knowingly mail [deliver] the materials to an address other than
127		-	that prescribed by this section.
128		-	SECTION 9. Section 86.004(a), Election Code, as effective
129		-	September 1, 2017, is amended to read as follows:
130		-	(a) Except as provided by Subsection (b) [or (c)], the
131		-	balloting materials for voting by mail shall be mailed to a voter
132		-	entitled to vote by mail not later than the seventh calendar day
133		-	after the later of the date the clerk accepts the voter's
134		-	application for a ballot to be voted by mail or the date the ballots
135		-	become available for mailing, except that if that mailing date is
136		-	earlier than the 45th day before election day, the balloting
137		-	materials shall be mailed not later than the 38th day before
138		-	election day.
139		-	SECTION 10. The heading to Section 86.0051, Election Code,
	65	+	SECTION 4. The heading to Section 86.0051, Election Code,
140	66		is amended to read as follows:
141	67		Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
142	68		OTHER THAN VOTER[; OFFENSES].
143		-	SECTION 11. Section 86.0051, Election Code, is amended by
	69	+	SECTION 5. Section 86.0051, Election Code, is amended by
144	70		amending Subsections (b), (d), and (e) and adding Subsection (f) to
145	71		read as follows:
146	72		(b) A person other than the voter who assists a voter by
147	73		depositing [deposits] the carrier envelope in the mail or with a
148	74		common or contract carrier or who obtains the carrier envelope for
149	75		that purpose must provide the person's signature, printed name, and
150	76		residence address on the reverse side of the envelope.
151	77		(d) An offense under this section is a Class A [B]
152	78		misdemeanor, unless it is shown on the trial of an offense under
153	79		this section that the person committed [is convicted of] an offense
154	80		under Section 64.036 for providing unlawful assistance to the same
155	81		voter in connection with the same ballot, in which event the offense
156	82		is a state jail felony.
157	83		(e) This section does [Subsections (a) and (c) do] not
158	84		apply if the person is related to the voter [applicant] within the
159	85		second degree by affinity or the third degree by consanguinity, as
160	86		determined under Subchapter B, Chapter 573, Government Code, or was
161	87		physically living in [is registered to vote at] the same dwelling
162	88		[address] as the voter at the time of the event [applicant].
163	89		(f) If conduct that constitutes an offense under this
164	90		section also constitutes an offense under any other law, the actor
165	91		may be prosecuted under this section, the other law, or both.
166		-	SECTION 12. Sections 86.006(f), (g), and (g-1), Election
	92	+	SECTION 6. Sections 86.006(f), (g), and (g-1), Election
167	93		Code, are amended to read as follows:
168	94		(f) A person commits an offense if the person knowingly
169	95		possesses an official ballot or official carrier envelope provided
170	96		under this code to another. Unless the person possessed the ballot
171	97		or carrier envelope with intent to defraud the voter or the election
172	98		authority, this subsection does not apply to a person who, on the
173	99		date of the offense, was:
174	100		(1) related to the voter within the second degree by
175	101		affinity or the third degree by consanguinity, as determined under
176	102		Subchapter B, Chapter 573, Government Code;
177	103		(2) physically living in [registered to vote at] the
178	104		same dwelling [address] as the voter;
179	105		(3) an early voting clerk or a deputy early voting
180	106		clerk;
181	107		(4) a person who possesses a ballot or [the] carrier
182	108		envelope solely for the purpose of lawfully assisting a voter who
183	109		was eligible for assistance under Section 86.010 and complied fully
184	110		with:
185	111		(A) Section 86.010; and
186	112		(B) Section 86.0051, if assistance was provided
187	113		in order to deposit the envelope in the mail or with a common or
188	114		contract carrier [and who provides the information required by
189	115		Section 86.0051(b) in accordance with that section];
190	116		(5) an employee of the United States Postal Service
191	117		working in the normal course of the employee's authorized duties;
192	118		or
193	119		(6) a common or contract carrier working in the normal
194	120		course of the carrier's authorized duties if the official ballot is
195	121		sealed in an official carrier envelope that is accompanied by an
196	122		individual delivery receipt for that particular carrier envelope.
197	123		(g) An offense under Subsection (f) is a Class A misdemeanor
198	124		unless the defendant possessed the ballot or carrier envelope
199	125		without the request of the voter, in which case it is a felony of the
200	126		third degree. If conduct that constitutes an offense under this
201	127		section also constitutes an offense under any other law, the actor
202	128		may be prosecuted under this section, the other law, or both [:
203	129		[(1) a Class B misdemeanor if the person possesses at
204	130		least one but fewer than 10 ballots or carrier envelopes unless the
205	131		person possesses the ballots or carrier envelopes without the
206	132		consent of the voters, in which event the offense is a state jail
207	133		felony;
208	134		[(2) a Class A misdemeanor if the person possesses at
209	135		least 10 but fewer than 20 ballots or carrier envelopes unless the
210	136		person possesses the ballots or carrier envelopes without the
211	137		consent of the voters, in which event the offense is a felony of the
212	138		third degree; or
213	139		[(3) a state jail felony if the person possesses 20 or
214	140		more ballots or carrier envelopes unless the person possesses the
215	141		ballots or carrier envelopes without the consent of the voters, in
216	142		which event the offense is a felony of the second degree].
217	143		(g-1) An offense under Subsection (g) is increased to the
218	144		next higher category of offense if it is shown on the trial of an
219	145		offense under this section that:
220	146		(1) the defendant was previously convicted of an
221	147		offense under this code;
222	148		(2) the offense involved an individual 65 years of age
223	149		or older; or
224	150		(3) the defendant committed another offense under this
225	151		section in the same election [When ballots or carrier envelopes are
226	152		obtained in violation of this section pursuant to one scheme or
227	153		continuing course of conduct, whether from the same or several
228	154		sources, the conduct may be considered as one offense and the number
229	155		of ballots or carrier envelopes aggregated in determining the grade
230	156		of the offense].
231		-	SECTION 13. Section 86.010, Election Code, is amended to
	157	+	SECTION 7. Section 86.010, Election Code, is amended to
232	158		read as follows:
233	159		Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
234	160		MAIL. (a) A voter casting a ballot by mail who would be eligible
235	161		under Section 64.031 to receive assistance at a polling place may
236	162		select a person as provided by Section 64.032(c) to assist the voter
237	163		in preparing the ballot.
238	164		(b) Assistance rendered under this section is limited to
239	165		that authorized by this code at a polling place, except that a voter
240	166		with a disability who is physically unable to deposit the ballot and
241	167		carrier envelope in the mail may also select a person as provided by
242	168		Section 64.032(c) to assist the voter by depositing a sealed
243	169		carrier envelope in the mail.
244	170		(c) The person assisting the voter must sign a written oath
245	171		prescribed by Section 64.034 that is part of the certificate on the
246	172		official carrier envelope.
247	173		(d) If a voter is assisted in violation of this section
248	174		[Subsection (a) or (b)], the voter's ballot may not be counted.
249	175		(e) A person who assists a voter to prepare a ballot to be
250	176		voted by mail shall enter the person's signature, printed name, and
251	177		residence address on the official carrier envelope of the voter.
252	178		(f) A person who assists a voter commits an offense if the
253	179		person knowingly fails to comply with Subsections (c) and [provide
254	180		the information on the official carrier envelope as required by
255	181		Subsection] (e).
256	182		(g) An offense under this section is a [Class A misdemeanor
257	183		unless the person is convicted of an offense under Section 64.036
258	184		for providing unlawful assistance to the same voter, in which event
259	185		the offense is a] state jail felony.
260	186		(h) Subsection (f) does not apply if the person is related
261	187		to the voter [applicant] within the second degree by affinity or the
262	188		third degree by consanguinity, as determined under Subchapter B,
263	189		Chapter 573, Government Code, or was physically living in [is
264	190		registered to vote at] the same dwelling [address] as the voter at
265	191		the time of the event [applicant].
266	192		(i) An offense under this section is increased to the next
267	193		higher category of offense if it is shown on the trial of an offense
268	194		under this section that:
269	195		(1) the defendant was previously convicted of an
270	196		offense under this code;
271	197		(2) the offense involved a voter 65 years of age or
272	198		older; or
273	199		(3) the defendant committed another offense under this
274	200		section in the same election.
275	201		(j) If conduct that constitutes an offense under this
276	202		section also constitutes an offense under any other law, the actor
277	203		may be prosecuted under this section, the other law, or both.
278		-	SECTION 14. Section 87.027(i), Election Code, is amended to
	204	+	SECTION 8. Section 87.027(i), Election Code, is amended to
279	205		read as follows:
280	206		(i) The signature verification committee shall compare the
281	207		signature on each carrier envelope certificate, except those signed
282	208		for a voter by a witness, with the signature on the voter's ballot
283	209		application to determine whether the signatures are those of the
284		-	voter [same person]. The committee may also compare the signatures
285		-	with any two or more signatures of the voter made within the
286		-	preceding six years and on file with the county clerk or voter
287		-	registrar [the signature on the voter's registration application to
288		-	confirm that the signatures are those of the same person but may not
289		-	use the registration application signature] to determine whether
290		-	[that] the signatures are [not] those of the voter [same person].
291		-	Except as provided by Subsection (l), a determination under this
292		-	subsection that the signatures are not those of the voter [same
293		-	person] must be made by a majority vote of the committee's
294		-	membership. The committee shall place the jacket envelopes,
295		-	carrier envelopes, and applications of voters whose signatures are
296		-	not those of the voter [same person] in separate containers from
297		-	those of voters whose signatures are those of the voter [same
298		-	person]. The committee chair shall deliver the sorted materials to
299		-	the early voting ballot board at the time specified by the board's
300		-	presiding judge.
301		-	SECTION 15. Section 87.041, Election Code, is amended by
302		-	amending Subsection (e) and adding Subsection (g) to read as
303		-	follows:
	210	+	same person. The committee may also compare the signatures with
	211	+	any two or more signatures of the voter made within the preceding
	212	+	six years and on file with the county clerk or voter registrar [the
	213	+	signature on the voter's registration application to confirm that
	214	+	the signatures are those of the same person but may not use the
	215	+	registration application signature] to determine whether [that]
	216	+	the signatures are [not] those of the same person. Except as
	217	+	provided by Subsection (l), a determination under this subsection
	218	+	that the signatures are not those of the same person must be made by
	219	+	a majority vote of the committee's membership. The committee shall
	220	+	place the jacket envelopes, carrier envelopes, and applications of
	221	+	voters whose signatures are not those of the same person in separate
	222	+	containers from those of voters whose signatures are those of the
	223	+	same person. The committee chair shall deliver the sorted
	224	+	materials to the early voting ballot board at the time specified by
	225	+	the board's presiding judge.
	226	+	SECTION 9. Section 87.041(e), Election Code, is amended to
	227	+	read as follows:
304	228		(e) In making the determination under Subsection (b)(2),
305	229		the board may also compare the signatures with any two or more
306	230		signatures of the voter made within the preceding six years and on
307	231		file with the county clerk or voter registrar to determine whether
308		-	[confirm that] the signatures are those of the voter [same person
309		-	but may not use the signatures to determine that the signatures are
310		-	not those of the same person].
311		-	(g) A person commits an offense if the person intentionally
312		-	accepts a ballot for voting or causes a ballot to be accepted for
313		-	voting that the person knows does not meet the requirements of
314		-	Subsection (b). An offense under this subsection is a Class A
315		-	misdemeanor.
316		-	SECTION 16. Section 87.0431, Election Code, is amended to
	232	+	[confirm that] the signatures are those of the same person [but may
	233	+	not use the signatures to determine that the signatures are not
	234	+	those of the same person].
	235	+	SECTION 10. Section 87.0431, Election Code, is amended to
317	236		read as follows:
318	237		Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later
319	238		than the 10th day after election day, the presiding judge of the
320	239		early voting ballot board shall deliver written notice of the
321	240		reason for the rejection of a ballot to the voter at the residence
322	241		address on the ballot application. If the ballot was transmitted
323	242		to the voter by e-mail under Subchapter C, Chapter 101, the
324	243		presiding judge shall also provide the notice to the e-mail address
325	244		to which the ballot was sent.
326		-	(b) The ~~early voting clerk~~ shall, not later than the ~~30th~~
327		-	~~day~~ after election day, deliver notice to the attorney general,
	245	+	(b) The presiding judge shall, not later than the 10th day
	246	+	after election day, deliver written notice to the attorney general,
328	247		including certified copies of the carrier envelope and
329	248		corresponding ballot application, of any ballot rejected because:
330	249		(1) the voter was deceased;
331	250		(2) the voter already voted in person in the same
332	251		election;
333	252		(3) the signatures on the carrier envelope and ballot
334	253		application were not executed by the same person;
335	254		(4) the carrier envelope certificate lacked a witness
336	255		signature; or
337	256		(5) the carrier envelope certificate was improperly
338	257		executed by an assistant.
339		-	(c) The attorney general shall prescribe the form and manner
340		-	of submission under Subsection (b). The secretary of state shall
341		-	adopt rules as necessary to implement the requirements prescribed
342		-	under this subsection.
343		-	SECTION 17. Chapter 276, Election Code, is amended by
	258	+	SECTION 11. Chapter 276, Election Code, is amended by
344	259		adding Section 276.013 to read as follows:
345	260		Sec. 276.013. ELECTION FRAUD. (a) A person commits an
346	261		offense if the person knowingly or intentionally makes any effort
347	262		to:
348	263		(1) influence the independent exercise of the vote of
349	264		another in the presence of the ballot or during the voting process;
350		-	(2) cause a voter ~~to become registered~~, ~~a ballot to be~~
351		-	~~obtained, or a~~ vote to be cast under false pretenses; or
	265	+	(2) cause a voter registration application, ballot, or
	266	+	vote to be obtained or cast under false pretenses; or
352	267		(3) cause any intentionally misleading statement,
353	268		representation, or information to be provided:
354	269		(A) to an election official; or
355	270		(B) on an application for ballot by mail, carrier
356		-	envelope, or ~~any~~ other official election-related form or document.
	271	+	envelope, or other official election-related form or document.
357	272		(b) An offense under this section is a Class A misdemeanor.
358	273		(c) An offense under this section is increased to the next
359		-	higher category of offense if it is shown on the trial of ~~an offense~~
360		-	~~under this section~~ that:
	274	+	higher category of offense if it is shown on the trial of the
	275	+	offense that:
361	276		(1) the defendant was previously convicted of an
362	277		offense under this code;
363	278		(2) the offense involved a voter 65 years of age or
364		-	older, and the actor was not:
365		-	(A) related to the voter within the second degree
366		-	by affinity or the third degree by consanguinity, as determined
367		-	under Subchapter B, Chapter 573, Government Code; or
368		-	(B) physically living in the same dwelling as the
369		-	voter at the time of the event; or
	279	+	older; or
370	280		(3) the defendant committed another offense under this
371	281		section in the same election.
372	282		(d) If conduct that constitutes an offense under this
373	283		section also constitutes an offense under any other law, the actor
374	284		may be prosecuted under this section, the other law, or both.
375		-	(e) Subsection (a)(1) does not apply if the person is
376		-	related to the voter within the second degree by affinity or the
377		-	third degree by consanguinity, as determined under Subchapter B,
378		-	Chapter 573, Government Code, or was physically living in the same
379		-	dwelling as the voter at the time of the event.
380		-	SECTION 18. The following provisions of law, as effective
381		-	September 1, 2017, are repealed:
382		-	(1) Section 86.003(e), Election Code;
383		-	(2) Section 86.004(c), Election Code;
384		-	(3) Chapter 107, Election Code;
385		-	(4) Section 242.0181, Health and Safety Code; and
386		-	(5) Section 247.008, Health and Safety Code.
387		-	SECTION 19. The changes in law made by this Act apply only
	285	+	SECTION 12. The changes in law made by this Act apply only
388	286		to an offense committed on or after the effective date of this Act.
389	287		An offense committed before the effective date of this Act is
390	288		governed by the law in effect on the date the offense was committed,
391	289		and the former law is continued in effect for that purpose. For
392	290		purposes of this section, an offense was committed before the
393	291		effective date of this Act if any element of the offense occurred
394	292		before that date.
395		-	SECTION 20. This Act takes effect December 1, 2017.
	293	+	SECTION 13. This Act takes effect December 1, 2017.