Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB5 Compare Versions

Version 1 (Old)

Version 2 (New)

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