By: Hancock, et al. S.B. No. 5
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of fraud in the conduct of an election;
creating a criminal offense; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64.012(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if the person:
(1) votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;
(2) knowingly votes or attempts to vote more than once
in an election;
(3) knowingly [impersonates another person and] votes
or attempts to vote a ballot belonging to another person, or by
impersonating another [as the impersonated] person; or
(4) knowingly marks or attempts to mark any portion of
another person's ballot without the consent of that person, or
without specific direction from that person how to mark the ballot.
SECTION 2. Section 66.058(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this code, the precinct
election records shall be preserved by the authority to whom they
are distributed[:
[(1) in an election involving a federal office,] for
at least 22 months after election day [in accordance with federal
law; or
[(2) in an election not involving a federal office,
for at least six months after election day].
SECTION 3. Section 84.0041, Election Code, is amended to
read as follows:
Sec. 84.0041. FRAUDULENT USE OF [PROVIDING FALSE
INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
commits an offense if the person:
(1) knowingly provides false information on an
application for [an early voting] ballot by mail;
(2) intentionally causes false information to be
provided on an application for ballot by mail;
(3) knowingly submits an application for ballot by
mail without the knowledge and authorization of the voter; or
(4) knowingly and without the voter's authorization
alters information provided by the voter on the voter's application
for ballot by mail.
(b) An offense under this section is a state jail felony
[unless the person is the applicant, is related to the applicant
within the second degree by affinity or the third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, or is registered to vote at the same address as the
applicant, in which event the offense is a Class A misdemeanor].
(c) An offense under Subsection (a)(4) does not apply to an
early voting clerk or deputy early voting clerk who receives and
marks an application for administrative purposes only.
(d) An offense under this section is increased to the next
higher category of offense if it is shown on the trial of an offense
under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
SECTION 4. The heading to Section 86.0051, Election Code,
is amended to read as follows:
Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
OTHER THAN VOTER[; OFFENSES].
SECTION 5. Section 86.0051, Election Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsection (f) to
read as follows:
(b) A person other than the voter who assists a voter by
depositing [deposits] the carrier envelope in the mail or with a
common or contract carrier or who obtains the carrier envelope for
that purpose must provide the person's signature, printed name, and
residence address on the reverse side of the envelope.
(d) An offense under this section is a Class A [B]
misdemeanor, unless it is shown on the trial of an offense under
this section that the person committed [is convicted of] an offense
under Section 64.036 for providing unlawful assistance to the same
voter in connection with the same ballot, in which event the offense
is a state jail felony.
(e) This section does [Subsections (a) and (c) do] not apply
if the person is related to the voter [applicant] within the second
degree by affinity or the third degree by consanguinity, as
determined under Subchapter B, Chapter 573, Government Code, or was
physically living in [is registered to vote at] the same dwelling
[address] as the voter at the time of the event [applicant].
(f) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 6. Sections 86.006(f), (g), and (g-1), Election
Code, are amended to read as follows:
(f) A person commits an offense if the person knowingly
possesses an official ballot or official carrier envelope provided
under this code to another. Unless the person possessed the ballot
or carrier envelope with intent to defraud the voter or the election
authority, this subsection does not apply to a person who, on the
date of the offense, was:
(1) related to the voter within the second degree by
affinity or the third degree by consanguinity, as determined under
Subchapter B, Chapter 573, Government Code;
(2) physically living in [registered to vote at] the
same dwelling [address] as the voter;
(3) an early voting clerk or a deputy early voting
clerk;
(4) a person who possesses a ballot or [the] carrier
envelope solely for the purpose of lawfully assisting a voter who
was eligible for assistance under Section 86.010 and complied fully
with:
(A) Section 86.010; and
(B) Section 86.0051, if assistance was provided
in order to deposit the envelope in the mail or with a common or
contract carrier [and who provides the information required by
Section 86.0051(b) in accordance with that section];
(5) an employee of the United States Postal Service
working in the normal course of the employee's authorized duties;
or
(6) a common or contract carrier working in the normal
course of the carrier's authorized duties if the official ballot is
sealed in an official carrier envelope that is accompanied by an
individual delivery receipt for that particular carrier envelope.
(g) An offense under Subsection (f) is a Class A misdemeanor
unless the defendant possessed the ballot or carrier envelope
without the request of the voter, in which case it is a felony of the
third degree. If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both[:
[(1) a Class B misdemeanor if the person possesses at
least one but fewer than 10 ballots or carrier envelopes unless the
person possesses the ballots or carrier envelopes without the
consent of the voters, in which event the offense is a state jail
felony;
[(2) a Class A misdemeanor if the person possesses at
least 10 but fewer than 20 ballots or carrier envelopes unless the
person possesses the ballots or carrier envelopes without the
consent of the voters, in which event the offense is a felony of the
third degree; or
[(3) a state jail felony if the person possesses 20 or
more ballots or carrier envelopes unless the person possesses the
ballots or carrier envelopes without the consent of the voters, in
which event the offense is a felony of the second degree].
(g-1) An offense under Subsection (g) is increased to the
next higher category of offense if it is shown on the trial of an
offense under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved an individual 65 years of age
or older; or
(3) the defendant committed another offense under this
section in the same election [When ballots or carrier envelopes are
obtained in violation of this section pursuant to one scheme or
continuing course of conduct, whether from the same or several
sources, the conduct may be considered as one offense and the number
of ballots or carrier envelopes aggregated in determining the grade
of the offense].
SECTION 7. Section 86.010, Election Code, is amended to
read as follows:
Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
MAIL. (a) A voter casting a ballot by mail who would be eligible
under Section 64.031 to receive assistance at a polling place may
select a person as provided by Section 64.032(c) to assist the voter
in preparing the ballot.
(b) Assistance rendered under this section is limited to
that authorized by this code at a polling place, except that a voter
with a disability who is physically unable to deposit the ballot and
carrier envelope in the mail may also select a person as provided by
Section 64.032(c) to assist the voter by depositing a sealed
carrier envelope in the mail.
(c) The person assisting the voter must sign a written oath
prescribed by Section 64.034 that is part of the certificate on the
official carrier envelope.
(d) If a voter is assisted in violation of this section
[Subsection (a) or (b)], the voter's ballot may not be counted.
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter the person's signature, printed name, and
residence address on the official carrier envelope of the voter.
(f) A person who assists a voter commits an offense if the
person knowingly fails to comply with Subsections (c) and [provide
the information on the official carrier envelope as required by
Subsection] (e).
(g) An offense under this section is a [Class A misdemeanor
unless the person is convicted of an offense under Section 64.036
for providing unlawful assistance to the same voter, in which event
the offense is a] state jail felony.
(h) Subsection (f) does not apply if the person is related
to the voter [applicant] within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, or was physically living in [is
registered to vote at] the same dwelling [address] as the voter at
the time of the event [applicant].
(i) An offense under this section is increased to the next
higher category of offense if it is shown on the trial of an offense
under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
(j) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 8. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
same person. The committee may also compare the signatures with any
two or more signatures of the voter made within the preceding six
years and on file with the county clerk or voter registrar [the
signature on the voter's registration application to confirm that
the signatures are those of the same person but may not use the
registration application signature] to determine whether [that]
the signatures are [not] those of the same person. Except as
provided by Subsection (l), a determination under this subsection
that the signatures are not those of the same person must be made by
a majority vote of the committee's membership. The committee shall
place the jacket envelopes, carrier envelopes, and applications of
voters whose signatures are not those of the same person in separate
containers from those of voters whose signatures are those of the
same person. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 9. Section 87.041(e), Election Code, is amended to
read as follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any two or more
signatures of the voter made within the preceding six years and on
file with the county clerk or voter registrar to determine whether
[confirm that] the signatures are those of the same person [but may
not use the signatures to determine that the signatures are not
those of the same person].
SECTION 10. Section 87.0431, Election Code, is amended to
read as follows:
Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later
than the 10th day after election day, the presiding judge of the
early voting ballot board shall deliver written notice of the
reason for the rejection of a ballot to the voter at the residence
address on the ballot application. If the ballot was transmitted to
the voter by e-mail under Subchapter C, Chapter 101, the presiding
judge shall also provide the notice to the e-mail address to which
the ballot was sent.
(b) The presiding judge shall, not later than the 30th day
after election day, deliver written notice to the attorney general,
including certified copies of the carrier envelope and
corresponding ballot application, of any ballot rejected because:
(1) the voter was deceased;
(2) the voter already voted in person in the same
election;
(3) the signatures on the carrier envelope and ballot
application were not executed by the same person;
(4) the carrier envelope certificate lacked a witness
signature; or
(5) the carrier envelope certificate was improperly
executed by an assistant.
SECTION 11. Chapter 276, Election Code, is amended by
adding Section 276.013 to read as follows:
Sec. 276.013. ELECTION FRAUD. (a) A person commits an
offense if the person knowingly or intentionally makes any effort
to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process;
(2) cause a voter registration application, ballot, or
vote to be obtained or cast under false pretenses; or
(3) cause any intentionally misleading statement,
representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier
envelope, or other official election-related form or document.
(b) An offense under this section is a Class A misdemeanor.
(c) An offense under this section is increased to the next
higher category of offense if it is shown on the trial of the
offense that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 12. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 13. This Act takes effect December 1, 2017.