Texas 2019 - 86th Regular

Texas House Bill HB2909 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Klick, Lang (Senate Sponsor - Hughes) H.B. No. 2909
2		-	(In the Senate - Received from the House May 6, 2019;
3		-	May 8, 2019, read first time and referred to Committee on State
4		-	Affairs; May 19, 2019, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 19, 2019, sent to printer.)
6		-	Click here to see the committee vote
	1	+	86R14030 GRM-D
	2	+	By: Klick, Lang H.B. No. 2909
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to election practices and procedures; creating a criminal
12	8		offense.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Section 1.007(c), Election Code, is amended to
15	11		read as follows:
16	12		(c) A delivery, submission, or filing of a document or paper
17	13		under this code may be made by personal delivery, mail, telephonic
18	14		facsimile machine, e-mail, or any other method of transmission.
19	15		SECTION 2. Section 2.002, Election Code, is amended by
20	16		amending Subsection (b) and adding Subsection (j) to read as
21	17		follows:
22	18		(b) Not later than the fifth day after the date the
23	19		automatic recount required by Subsection (i) is completed or the
24	20		final canvass following the automatic recount is completed, if
25	21		applicable, the authority responsible for ordering the first
26	22		election shall order the second election. The second election
27	23		shall be held not earlier than the 20th day or later than the 45th
28	24		[30th] day after the date the automatic recount required by
29	25		Subsection (i) is completed or the final canvass following the
30	26		automatic recount is completed, if applicable.
31	27		(j) If the recount does not resolve the tie, the tied
32	28		candidates may:
33	29		(1) cast lots not later than the day before the date
34	30		the authority must order the second election under Subsection (b);
35	31		or
36	32		(2) withdraw from the election not later than 5 p.m. of
37	33		the day after the date the automatic recount is held.
38	34		SECTION 3. Section 2.022(b), Election Code, is amended to
39	35		read as follows:
40	36		(b) Sections 2.023, 2.025, and 2.028 supersede a law outside
41	37		this subchapter to the extent of any conflict.
42	38		SECTION 4. Section 2.025(d), Election Code, is amended to
43	39		read as follows:
44	40		(d) A runoff election for a special election to fill a
45	41		vacancy in Congress or a special election to fill a vacancy in the
46	42		legislature, except an election ordered as an emergency election
47	43		under Section 41.0011 or an election held as an expedited election
48	44		under Section 203.013, [to which Section 101.104 applies] shall be
49	45		held not earlier than the 70th day or later than the 77th day after
50	46		the date the final canvass of the main election is completed.
51	47		SECTION 5. Section 2.028(c), Election Code, is amended to
52	48		read as follows:
53	49		(c) A tying candidate may resolve the tie by filing with the
54	50		presiding officer of the final canvassing authority a written
55	51		statement of withdrawal signed and sworn to [acknowledged] by the
56	52		candidate. If the statement of withdrawal is received before the
57	53		automatic recount is conducted, the remaining candidate is the
58	54		winner, and the automatic recount is not conducted. If the
59	55		statement of withdrawal is received not later than 5 p.m. the day
60	56		after the date the automatic recount is conducted [On receipt of the
61	57		statement of withdrawal], the remaining candidate is the winner,
62	58		and a casting of lots is not held.
63	59		SECTION 6. Section 2.051(b), Election Code, is amended to
64	60		read as follows:
65	61		(b) In the case of an election in which any members of the
66	62		political subdivision's governing body are elected from
67	63		territorial units such as single-member districts, this subchapter
68	64		applies to the election in a particular territorial unit if each
69	65		candidate for an office that is to appear on the ballot in that
70	66		territorial unit is unopposed and no [at-large proposition or]
71	67		opposed at-large race is to appear on the ballot. This subchapter
72	68		applies to an unopposed at-large race in such an election
73	69		regardless of whether an opposed race is to appear on the ballot in
74	70		a particular territorial unit.
75	71		SECTION 7. Section 3.005(d), Election Code, is amended to
76	72		read as follows:
77	73		(d) Except as provided by Subsection (c), an [An] election
78	74		under Section 26.08, Tax Code, to ratify a tax rate adopted by the
79	75		governing body of a school district under Section 26.05(g) of that
80	76		code shall be ordered not later than the 30th day before election
81	77		day.
82	78		SECTION 8. Section 4.003(c), Election Code, is amended to
83	79		read as follows:
84	80		(c) In addition to any other notice given, notice of an
85	81		election ordered by the governor, by a county authority,
86	82		[commissioners court] or by an authority of a city or school
87	83		district must be given by the method prescribed by Subsection
88	84		(a)(1).
89	85		SECTION 9. Section 15.022(a), Election Code, is amended to
90	86		read as follows:
91	87		(a) The registrar shall make the appropriate corrections in
92	88		the registration records, including, if necessary, deleting a
93	89		voter's name from the suspense list:
94	90		(1) after receipt of a notice of a change in
95	91		registration information under Section 15.021;
96	92		(2) after receipt of a voter's reply to a notice of
97	93		investigation given under Section 16.033;
98	94		(3) after receipt of any affidavits executed under
99	95		Section 63.006, following an election;
100	96		(4) after receipt of a voter's statement of residence
101	97		executed under Section 63.0011;
102	98		(5) before the effective date of the abolishment of a
103	99		county election precinct or a change in its boundary;
104	100		(6) after receipt of United States Postal Service
105	101		information indicating an address reclassification;
106	102		(7) after receipt of a voter's response under Section
107	103		15.053; [or]
108	104		(8) after receipt of a registration application or
109	105		change of address under Chapter 20; or
110	106		(9) after notification of a data entry error of which
111	107		the voter registrar is made aware under Section 63.005.
112	108		SECTION 10. Section 31.093(a), Election Code, is amended to
113	109		read as follows:
114	110		(a) Subject to Section 41.001(d), if [If] requested to do so
115	111		by a political subdivision, the county elections administrator
116	112		shall enter into a contract to furnish the election services
117	113		requested, in accordance with a cost schedule agreed on by the
118	114		contracting parties.
119	115		SECTION 11. Section 31.096, Election Code, is amended to
120	116		read as follows:
121	117		Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election
122	118		services contract may not change:
123	119		(1) the authority with whom applications of candidates
124	120		for a place on a ballot are filed;
125	121		(2) the authority with whom documents are filed under
126	122		Title 15; or
127	123		(3) the political subdivision's requirement to
128	124		maintain office hours under Section 31.122 [authority to serve as
129	125		custodian of voted ballots or other election records, except that a
130	126		contract with a political subdivision other than a city may provide
131	127		that the county election officer will be the custodian of voted
132	128		ballots].
133	129		SECTION 12. Section 31.124(a), Election Code, is amended to
134	130		read as follows:
135	131		(a) A county election officer of each county shall hold a
136	132		meeting with the county chair of each political party to discuss, as
137	133		appropriate, the following for each primary election or general
138	134		election for state and county officers:
139	135		(1) the lists provided by each political party under
140	136		Section 85.009;
141	137		(2) the lists provided by each political party under
142	138		Section 87.002(c); [and]
143	139		(3) the implementation of Subchapters A, B, C, and D,
144	140		Chapter 87; and
145	141		(4) holding a joint primary, entering into an election
146	142		services contract, and polling place locations.
147	143		SECTION 13. Section 32.114(a), Election Code, is amended to
148	144		read as follows:
149	145		(a) The county clerk shall provide one or more sessions of
150	146		training using the standardized training program and materials
151	147		developed and provided by the secretary of state under Section
152	148		32.111 for the election judges and clerks appointed to serve in
153	149		elections ordered by the governor or a county authority. Each
154	150		election judge shall complete the training program. The training
155	151		program must include specific procedures related to the early
156	152		voting ballot board and the central counting station, as
157	153		applicable. Each election clerk shall complete the part of the
158	154		training program relating to the acceptance and handling of the
159	155		identification presented by a voter to an election officer under
160	156		Section 63.001.
161	157		SECTION 14. Section 33.054, Election Code, is amended to
162	158		read as follows:
163	159		Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
164	160		MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
165	161		watcher serving at the meeting place of an early voting ballot board
166	162		or signature verification committee may be present at any time the
167	163		board or committee is processing or counting ballots and until the
168	164		board or committee completes its duties. The watcher may serve
169	165		during the hours the watcher chooses, except as provided by
170	166		Subsection (b).
171	167		(b) A watcher serving at the meeting place of an early
172	168		voting ballot board may not leave during voting hours on election
173	169		day without the presiding judge's permission if the board has
174	170		recorded any votes cast on voting machines or counted any ballots,
175	171		unless the board has completed its duties and has been dismissed by
176	172		the presiding judge.
177	173		SECTION 15. Sections 41.001(a) and (b), Election Code, are
178	174		amended to read as follows:
179	175		(a) Except as otherwise provided by this subchapter, each
180	176		general or special election in this state shall be held on one of
181	177		the following dates:
182	178		(1) the first Saturday in May in an odd-numbered year;
183	179		(2) the first Saturday in May in an even-numbered
184	180		year, for an election held by a political subdivision other than a
185	181		county, or ordered by the governor; or
186	182		(3) the first Tuesday after the first Monday in
187	183		November.
188	184		(b) Subsection (a) does not apply to:
189	185		(1) a runoff election;
190	186		(2) an election to resolve a tie vote;
191	187		(3) an election held under an order of a court or other
192	188		tribunal;
193	189		(4) an emergency election ordered under Section
194	190		41.0011 or any resulting runoff;
195	191		(5) an expedited election to fill a vacancy in the
196	192		legislature held under Section 203.013;
197	193		(6) an election held under a statute that expressly
198	194		provides that the requirement of Subsection (a) does not apply to
199	195		the election; or
200	196		(7) the initial election of the members of the
201	197		governing body of a newly incorporated city.
202	198		SECTION 16. Sections 43.007(a) and (m), Election Code, are
203	199		amended to read as follows:
204	200		(a) The secretary of state shall implement a program to
205	201		allow each commissioners court participating in the program to
206	202		eliminate county election precinct polling places and establish
207	203		countywide polling places for:
208	204		(1) any election required to be conducted by the
209	205		county [each general election for state and county officers];
210	206		(2) any election held as part of a joint election
211	207		agreement with a county under Chapter 271 [each election held on the
212	208		uniform election date in May and any resulting runoff];
213	209		(3) any election held under contract for election
214	210		services with a county under Subchapter D, Chapter 31 [each
215	211		election on a proposed constitutional amendment];
216	212		(4) each primary election and runoff primary election
217	213		if:
218	214		(A) the county chair or county executive
219	215		committee of each political party participating in a joint primary
220	216		election under Section 172.126 agrees to the use of countywide
221	217		polling places; or
222	218		(B) the county chair or county executive
223	219		committee of each political party required to nominate candidates
224	220		by primary election agrees to use the same countywide polling
225	221		places; and
226	222		(5) each election of a political subdivision located
227	223		in the county that is held jointly with an election described by
228	224		Subdivision [(1), (2),] (3)[,] or (4).
229	225		(m) In adopting a methodology under Subsection (f), the
230	226		county must ensure that:
231	227		(1) each county commissioners precinct contains at
232	228		least one countywide polling place; and
233	229		(2) the total number of [permanent branch and
234	230		temporary branch] polling places open for voting in a county
235	231		commissioners precinct does not exceed more than twice the number
236	232		of [permanent branch and temporary branch] polling places in
237	233		another county commissioners precinct.
238	234		SECTION 17. Section 52.070, Election Code, is amended by
239	235		amending Subsections (a), (b) and (e) and adding Subsection (f) to
240	236		read as follows:
241	237		(a) A shape [square] for voting shall be printed to the left
242	238		of each candidate's name on a ballot.
243	239		(b) Immediately below "OFFICIAL BALLOT," the following
244	240		instruction shall be printed: "Vote for the candidate of your
245	241		choice in each race by placing an 'X' or filling in the shape
246	242		[square] beside the candidate's name."
247	243		(e) A shape [square] shall be printed to the left of each
248	244		line provided for write-in voting under Section 52.066(c), but
249	245		failure to place a mark in the shape [square] does not affect the
250	246		counting of a write-in vote.
251	247		(f) Any variation from this instruction must be approved by
252	248		the secretary of state.
253	249		SECTION 18. Section 52.094(d), Election Code, is amended to
254	250		read as follows:
255	251		(d) The [For an election held at county expense or a city
256	252		election, on receipt of a candidate's written request accompanied
257	253		by a stamped, self-addressed envelope, the authority conducting the
258	254		drawing shall mail written notice of the date, hour, and place of
259	255		the drawing to the candidate. For an election held by any other
260	256		political subdivision, the] authority conducting the drawing shall
261	257		provide [mail written] notice of the date, hour, and place of the
262	258		drawing to each candidate by:
263	259		(1) written notice:
264	260		(A) mailed to [, at] the address stated on the
265	261		candidate's application for a place on the ballot, not later than
266	262		the fourth day before the date of the drawing; or
267	263		(B) provided at the time the candidate files an
268	264		application with the appropriate authority;
269	265		(2) telephone, if a telephone number is provided on
270	266		the candidate's application for a place on the ballot; or
271	267		(3) e-mail, if an e-mail address is provided on the
272	268		candidate's application for a place on the ballot.
273	269		SECTION 19. Chapter 63, Election Code, is amended by adding
274	270		Section 63.005 to read as follows:
275	271		Sec. 63.005. CONFIRMING REGISTRATION STATUS OF VOTER. (a)
276	272		If the name of a voter who is offering to vote is not on the precinct
277	273		list of registered voters, an election officer may contact the
278	274		voter registrar regarding the voter's registration status.
279	275		(b) If the election officer determines the voter is a
280	276		registered voter of the territory covered by the election but is
281	277		offering to vote in the incorrect precinct, the election officer
282	278		shall provide the correct precinct location information to the
283	279		voter.
284	280		(c) Notwithstanding Section 63.009, a voter shall be
285	281		accepted for voting if the voter's identity has been verified from
286	282		documentation as required by Section 63.001(b) and it can be
287	283		determined from the voter registrar that:
288	284		(1) the voter's registration was improperly canceled
289	285		and has been reinstated under Section 16.037;
290	286		(2) an error in the voter registration record caused
291	287		the voter's name to not appear on the list of registered voters, and
292	288		the error has been corrected under Section 15.022; or
293	289		(3) the voter's name has been inadvertently left off
294	290		the list of registered voters for the precinct.
295	291		(d) After the voter is accepted under Subsection (c), an
296	292		election officer shall enter the voter's name on the registration
297	293		omissions list.
298	294		(e) The voter shall be accepted for provisional voting under
299	295		Section 63.011 if the election officer cannot determine that the
300	296		voter is a registered voter of the territory covered by the election
301	297		in which the voter is offering to vote.
302	298		SECTION 20. Section 65.052, Election Code, is amended to
303	299		read as follows:
304	300		Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of
305	301		state shall prescribe procedures by which the voter registrar of
306	302		the county in which a provisional ballot is cast shall provide
307	303		assistance to the early voting ballot board in executing its
308	304		authority under this subchapter. In an election described by
309	305		Section 65.051(a-1), the procedures must allow for 10 [seven]
310	306		calendar days for the voter registrar to review a provisional
311	307		voter's eligibility.
312	308		SECTION 21. Subchapter B, Chapter 65, Election Code, is
313	309		amended by adding Section 65.0581 to read as follows:
314	310		Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING
315	311		RECORDS. Provisional voting records are not available for public
316	312		inspection until the first business day after the date the early
317	313		voting ballot board completes the verification and counting of
318	314		provisional ballots under Section 65.051 and delivers the
319	315		provisional ballots and other provisional voting records to the
320	316		general custodian of election records.
321	317		SECTION 22. Chapter 82, Election Code, is amended by adding
322	318		Section 82.008 to read as follows:
323	319		Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified
324	320		voter is eligible for early voting by mail if, at the time the
325	321		voter's early voting ballot application is submitted, the voter is
326	322		a person who is civilly committed as a sexually violent predator
327	323		under Chapter 841, Health and Safety Code, and is ordered as a
328	324		condition of civil commitment to reside in a facility operated by or
329	325		under contract with the Texas Civil Commitment Office.
330	326		SECTION 23. Section 84.002(a), Election Code, is amended to
331	327		read as follows:
332	328		(a) An early voting ballot application must include:
333	329		(1) the applicant's name and the address at which the
334	330		applicant is registered to vote;
335	331		(2) for an application for a ballot to be voted by mail
336	332		on the ground of absence from the county of residence, the address
337	333		outside the applicant's county of residence to which the ballot is
338	334		to be mailed;
339	335		(3) for an application for a ballot to be voted by mail
340	336		on the ground of age or disability, the address of the hospital,
341	337		nursing home or other long-term care facility, or retirement
342	338		center, or of a person related to the applicant within the second
343	339		degree by affinity or the third degree by consanguinity, as
344	340		determined under Chapter 573, Government Code, if the applicant is
345	341		living at that address and that address is different from the
346	342		address at which the applicant is registered to vote;
347	343		(4) for an application for a ballot to be voted by mail
348	344		on the ground of confinement in jail, the address of the jail or of a
349	345		person related to the applicant within the degree described by
350	346		Subdivision (3);
351	347		(5) for an application for a ballot to be voted by mail
352	348		on any ground, an indication of each election for which the
353	349		applicant is applying for a ballot; [and]
354	350		(6) an indication of the ground of eligibility for
355	351		early voting; and
356	352		(7) for an application for a ballot to be voted by mail
357	353		on the ground of involuntary civil commitment, the address of the
358	354		facility operated by or under contract with the Texas Civil
359	355		Commitment Office or of a person related to the applicant within the
360	356		degree of consanguinity described by Subdivision (3).
361	357		SECTION 24. Section 84.008(a), Election Code, is amended to
362	358		read as follows:
363	359		(a) Except as otherwise provided by this code, an [An]
364	360		applicant for a ballot to be voted by mail may submit the
365	361		application by delivering it in person to the early voting clerk if
366	362		the application is submitted not later than the close of regular
367	363		business in the clerk's office on the day before the first day of
368	364		the period for early voting by personal appearance.
369	365		SECTION 25. Section 84.011(a), Election Code, is amended to
370	366		read as follows:
371	367		(a) The officially prescribed application form for an early
372	368		voting ballot must include:
373	369		(1) immediately preceding the signature space the
374	370		statement: "I certify that the information given in this
375	371		application is true, and I understand that giving false information
376	372		in this application is a crime.";
377	373		(2) a statement informing the applicant of the
378	374		offenses prescribed by Sections 84.003 and 84.004;
379	375		(3) spaces for entering an applicant's voter
380	376		registration number and county election precinct of registration,
381	377		with a statement informing the applicant that failure to furnish
382	378		that information does not invalidate the application; and
383	379		(4) on an application for a ballot to be voted by mail:
384	380		(A) a space for an applicant applying on the
385	381		ground of absence from the county of residence to indicate the date
386	382		on or after which the applicant can receive mail at the address
387	383		outside the county;
388	384		(B) a space for indicating the fact that an
389	385		applicant whose application is signed by a witness cannot make the
390	386		applicant's mark and a space for indicating the relationship or
391	387		lack of relationship of the witness to the applicant;
392	388		(C) a space for entering an applicant's telephone
393	389		number, with a statement informing the applicant that failure to
394	390		furnish that information does not invalidate the application;
395	391		(D) a space or box for an applicant applying on
396	392		the ground of age or disability to indicate that the address to
397	393		which the ballot is to be mailed is the address of a facility or
398	394		relative described by Section 84.002(a)(3), if applicable;
399	395		(E) a space or box for an applicant applying on
400	396		the ground of confinement in jail or involuntary civil commitment
401	397		to indicate that the address to which the ballot is to be mailed is
402	398		the address of a relative described by Section 84.002(a)(4) or
403	399		(a)(7), if applicable;
404	400		(F) a space for an applicant applying on the
405	401		ground of age or disability to indicate if the application is an
406	402		application under Section 86.0015;
407	403		(G) spaces for entering the signature, printed
408	404		name, and residence address of any person assisting the applicant;
409	405		(H) a statement informing the applicant of the
410	406		condition prescribed by Section 81.005; and
411	407		(I) a statement informing the applicant of the
412	408		requirement prescribed by Section 86.003(c).
413	409		SECTION 26. Section 85.007(d), Election Code, is amended to
414	410		read as follows:
415	411		(d) Any notice required under this section must also be
416	412		posted:
417	413		(1) on the Internet website of the authority ordering
418	414		the election, if the authority maintains a website; and
419	415		(2) for a primary election or the general election for
420	416		state and county officers, by the secretary of state on the
421	417		secretary's Internet website.
422	418		SECTION 27. Section 85.062(d), Election Code, is amended to
423	419		read as follows:
424	420		(d) In a primary election, the general election for state
425	421		and county officers, or a special election to fill a vacancy in the
426	422		legislature or in congress:
427	423		(1) the commissioners court of a county with a
428	424		population of 400,000 or more shall establish one or more early
429	425		voting polling places other than the main early voting polling
430	426		place in each state representative district containing territory
431	427		covered by the election, except that the polling place or places
432	428		shall be established in the state senatorial or congressional
433	429		district, as applicable, in a special election to fill a vacancy in
434	430		the office of state senator or United States representative;
435	431		(2) the commissioners court of a county with a
436	432		population of 120,000 or more but less than 400,000 shall establish
437	433		one or more early voting polling places other than the main early
438	434		voting polling place in each commissioners precinct containing
439	435		territory covered by the election; and
440	436		(3) the early voting clerk [commissioners court] of a
441	437		county with a population of 100,000 or more but less than 120,000
442	438		shall establish one or more early voting polling places as
443	439		described by Subdivision (2) in each precinct for which the early
444	440		voting clerk [commissioners court] receives in time to enable
445	441		compliance with Section 85.067 a written request for that action
446	442		submitted by at least 15 registered voters of that precinct.
447	443		SECTION 28. Section 86.0015(c), Election Code, is amended
448	444		to read as follows:
449	445		(c) In an election of a political subdivision located in a
450	446		county in which the county clerk is not the early voting clerk, the
451	447		county clerk shall provide the early voting clerk of the political
452	448		subdivision that is holding the election a list of voters in the
453	449		portion of the political subdivision located in the county who have
454	450		ballot applications on file under this section along with copies of
455	451		the applications submitted by those voters. The early voting clerk
456	452		shall provide a ballot to be voted by mail to each voter on the list
457	453		for whom the early voting clerk received a copy of an application
458	454		submitted under this section.
459	455		SECTION 29. Section 86.002(f), Election Code, is amended to
460	456		read as follows:
461	457		(f) The clerk shall include with the balloting materials:
462	458		(1) a notice of the clerk's physical address for
463	459		purposes of return by common or contract carrier or personal
464	460		delivery in accordance with Section 86.006(a-1); and
465	461		(2) the list of declared write-in candidates for the
466	462		election, if applicable.
467	463		SECTION 30. Sections 86.003(c) and (d), Election Code, are
468	464		amended to read as follows:
469	465		(c) The address to which the balloting materials must be
470	466		addressed is the address at which the voter is registered to vote,
471	467		or the registered mailing address if different, unless the ground
472	468		for voting by mail is:
473	469		(1) absence from the county of residence, in which
474	470		case the address must be an address outside the voter's county of
475	471		residence;
476	472		(2) confinement in jail, in which case the address
477	473		must be the address of the jail or of a relative described by
478	474		Section 84.002(a)(4); [or]
479	475		(3) age or disability and the voter is living at a
480	476		hospital, nursing home or other long-term care facility, or
481	477		retirement center, or with a relative described by Section
482	478		84.002(a)(3), in which case the address must be the address of that
483	479		facility or relative; or
484	480		(4) involuntary civil commitment, in which case the
485	481		address must be the address of the facility or of a relative
486	482		described by Section 84.002(a)(7).
487	483		(d) If the applicable address specified in a voter's
488	484		application is an address other than that prescribed by Subsection
489	485		(c) or subject to Section 86.002(a), the voter's application shall
490	486		be rejected in accordance with Section 86.001(c).
491	487		SECTION 31. Section 86.006(a-1), Election Code, is amended
492	488		to read as follows:
493	489		(a-1) The voter may deliver a marked ballot in person to the
494	490		early voting clerk's office only while the polls are open during the
495	491		early voting period or on election day. A voter who delivers a
496	492		marked ballot in person must present an acceptable form of
497	493		identification described by Section 63.0101.
498	494		SECTION 32. Section 86.009(e), Election Code, is amended to
499	495		read as follows:
500	496		(e) A voter's defective ballot that is timely returned to
501	497		the clerk as a marked ballot shall be treated as:
502	498		(1) a marked ballot not timely returned if the
503	499		corrected ballot is timely returned as a marked ballot by the close
504	500		of the polls on election day; or
505	501		(2) as the voter's ballot for the election if the
506	502		corrected ballot is not timely returned by the close of the polls on
507	503		election day.
508	504		SECTION 33. Section 87.0222(a), Election Code, is amended
509	505		to read as follows:
510	506		(a) Notwithstanding Section 87.024, in an election
511	507		conducted by an authority of a county with a population of 100,000
512	508		or more, or conducted jointly with such a county or conducted with
513	509		such a county through a contract for election services, the jacket
514	510		envelopes containing the early voting ballots voted by mail may be
515	511		delivered to the board between the end of the ninth day before the
516	512		last day of the period for early voting by personal appearance and
517	513		the closing of the polls on election day, or as soon after closing
518	514		as practicable, at the time or times specified by the presiding
519	515		judge of the board.
520	516		SECTION 34. Section 87.0241(b), Election Code, is amended
521	517		to read as follows:
522	518		(b) The board may not count early voting ballots until:
523	519		(1) the polls open on election day; or
524	520		(2) in an election conducted by an authority of a
525	521		county with a population of 100,000 or more, or conducted jointly
526	522		with such a county or conducted with such a county through a
527	523		contract for election services, the end of the period for early
528	524		voting by personal appearance.
529	525		SECTION 35. Section 87.102(b), Election Code, is amended to
530	526		read as follows:
531	527		(b) Early voting ballots that are to be duplicated under
532	528		this section [shall be delivered to the central counting station as
533	529		prescribed by Section 87.101 and] shall be treated in the same
534	530		manner as damaged electronic system ballots that are duplicated for
535	531		automatic counting.
536	532		SECTION 36. Section 101.001, Election Code, is amended to
537	533		read as follows:
538	534		Sec. 101.001. ELIGIBILITY. A person is eligible for early
539	535		voting by mail as provided by this chapter if:
540	536		(1) the person is qualified to vote in this state or,
541	537		if not registered to vote in this state, would be qualified if
542	538		registered; and
543	539		(2) the person is:
544	540		(A) a member of the armed forces of the United
545	541		States, or the spouse or a dependent of a member;
546	542		(B) a member of the merchant marine of the United
547	543		States, or the spouse or a dependent of a member;
548	544		(B-1) a member of the Texas National Guard or the
549	545		National Guard of another state or a member of a reserve component
550	546		of the armed forces of the United States serving on active duty
551	547		under an order of the president of the United States or activated on
552	548		state orders, or the spouse or dependent of a member; or
553	549		(C) domiciled in this state but temporarily
554	550		living outside the territorial limits of the United States and the
555	551		District of Columbia.
556	552		SECTION 37. Section 101.003(1), Election Code, is amended
557	553		to read as follows:
558	554		(1) "Federal postcard application" means an
559	555		application for a ballot to be voted under this chapter submitted on
560	556		the official federal form prescribed under the federal Uniformed
561	557		and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
562	558		through 20311) [(42 U.S.C. Section 1973ff et seq.)].
563	559		SECTION 38. Section 101.008, Election Code, is amended to
564	560		read as follows:
565	561		Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
566	562		secretary of state, in coordination with county [local] election
567	563		officials, shall implement an electronic free-access system by
568	564		which a person eligible for early voting by mail under this chapter
569	565		or Chapter 114 may determine by telephone, by e-mail, or over the
570	566		Internet whether:
571	567		(1) the person's federal postcard application or other
572	568		registration or ballot application has been received and accepted;
573	569		and
574	570		(2) the person's ballot has been received and the
575	571		current status of the ballot.
576	572		SECTION 39. Sections 101.052(a-1) and (c), Election Code,
577	573		are amended to read as follows:
578	574		(a-1) A federal postcard application must be submitted by:
579	575		(1) mail; [or]
580	576		(2) electronic transmission of an image of the
581	577		application under procedures prescribed by the secretary of state;
582	578		(3) in-person delivery in accordance with Section
583	579		84.008; or
584	580		(4) common or contract carrier.
585	581		(c) An application is considered submitted in the following
586	582		calendar year for purposes of this section if:
587	583		(1) the applicant is eligible to vote in an election
588	584		occurring in January or February of the next calendar year; and
589	585		(2) the application is submitted in the last 60 days of
590	586		a calendar year but not earlier than the 60th day before the date of
591	587		the January or February election [A federal postcard application
592	588		requesting a ballot for an election to be held in January or
593	589		February may be submitted in the preceding calendar year but not
594	590		earlier than the earliest date for submitting a regular application
595	591		for a ballot to be voted by mail].
596	592		SECTION 40. Section 101.054(c), Election Code, is amended
597	593		to read as follows:
598	594		(c) An application shall be treated as if it requests a
599	595		ballot for a runoff election that results from an election for which
600	596		a ballot is requested, including a runoff election that occurs in
601	597		the next calendar year.
602	598		SECTION 41. Section 101.056(a), Election Code, is amended
603	599		to read as follows:
604	600		(a) The balloting materials provided under this subchapter
605	601		shall be airmailed to the voter free of United States postage, as
606	602		provided by the federal Uniformed and Overseas Citizens Absentee
607	603		Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
608	604		Section 1973ff et seq.)], in an envelope labeled "Official Election
609	605		Balloting Material - via Airmail." The secretary of state shall
610	606		provide early voting clerks with instructions on compliance with
611	607		this subsection.
612	608		SECTION 42. Section 101.057(b), Election Code, is amended
613	609		to read as follows:
614	610		(b) A ballot voted by a voter described by Section
615	611		101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
616	612		arrives at the address on the carrier envelope not later than the
617	613		sixth day after the date of the election, except that if that date
618	614		falls on a Saturday, Sunday, or legal state or national holiday,
619	615		then the deadline is extended to the next regular business day.
620	616		SECTION 43. Section 101.058, Election Code, is amended to
621	617		read as follows:
622	618		Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
623	619		prescribed carrier envelope for voting under this subchapter shall
624	620		be prepared so that it can be mailed free of United States postage,
625	621		as provided by the federal Uniformed and Overseas Citizens Absentee
626	622		Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
627	623		Section 1973ff et seq.)], and must contain the label prescribed by
628	624		Section 101.056(a) for the envelope in which the balloting
629	625		materials are sent to a voter. The secretary of state shall provide
630	626		early voting clerks with instructions on compliance with this
631	627		section.
632	628		SECTION 44. Section 101.102(b), Election Code, is amended
633	629		to read as follows:
634	630		(b) The early voting clerk shall grant a request made under
635	631		this section for the e-mail transmission of balloting materials if:
636	632		(1) the requestor has submitted a valid federal
637	633		postcard application and:
638	634		(A) if the requestor is a person described by
639	635		Section 101.001(2)(C), has provided a current mailing address that
640	636		is located outside the United States; or
641	637		(B) if the requestor is a person described by
642	638		Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
643	639		mailing address that is located outside the requestor's county of
644	640		residence;
645	641		(2) the requestor provides an e-mail address:
646	642		(A) that corresponds to the address on file with
647	643		the requestor's federal postcard application; or
648	644		(B) stated on a newly submitted federal postcard
649	645		application;
650	646		(3) the request is submitted on or before the deadline
651	647		prescribed by Section 84.007 [seventh day before the date of the
652	648		election]; and
653	649		(4) a marked ballot for the election from the
654	650		requestor has not been received by the early voting clerk.
655	651		SECTION 45. Section 101.107(a), Election Code, is amended
656	652		to read as follows:
657	653		(a) A voter described by Section 101.001(2)(A), [or] (B), or
658	654		(B-1) must be voting from outside the voter's county of
659	655		residence. A voter described by Section 101.001(2)(C) must be
660	656		voting from outside the United States.
661	657		SECTION 46. Section 102.002, Election Code, is amended to
662	658		read as follows:
663	659		Sec. 102.002. CONTENTS OF APPLICATION. An application for
664	660		a late ballot must comply with the applicable provisions of Section
665	661		84.002 and must include or be accompanied by a certificate of a
666	662		licensed physician or chiropractor or accredited Christian Science
667	663		practitioner in substantially the following form:
668	664		"This is to certify that I know that __________ has a sickness
669	665		or physical condition that will prevent him or her from appearing at
670	666		the polling place for an election to be held on the __________ day
671	667		of __________, 20 [19]___, without a likelihood of needing personal
672	668		assistance or of injuring his or her health and that the sickness or
673	669		physical condition originated on or after __________.
674	670		"Witness my hand at __________, Texas, this __________ day of
675	671		__________, 20 [19]___.
676	672		________________________________
677	673		(signature of physician,
678	674		chiropractor, or practitioner)"
679	675		SECTION 47. Section 113.003, Election Code, is amended to
680	676		read as follows:
681	677		Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
682	678		application for a presidential ballot to be voted by mail must be
683	679		submitted to the early voting clerk serving the county of the
684	680		applicant's most recent registration to vote by the deadline
685	681		prescribed by Section 84.007.
686	682		SECTION 48. Section 141.032(g), Election Code, is amended
687	683		to read as follows:
688	684		(g) Except as otherwise provided by this code [After the
689	685		filing deadline]:
690	686		(1) a candidate may not amend an application filed
691	687		under Section 141.031; and
692	688		(2) the authority with whom the application is filed
693	689		may not accept an amendment to an application filed under Section
694	690		141.031.
695	691		SECTION 49. Section 141.034(a), Election Code, is amended
696	692		to read as follows:
697	693		(a) An application for a place on the ballot may not be
698	694		challenged for compliance with the applicable requirements as to
699	695		form, content, and procedure after the day before any ballot to be
700	696		voted early by mail in the election for which the application is
701	697		made is mailed [to an address in the authority's jurisdiction for
702	698		the election for which the application is made].
703	699		SECTION 50. The heading to Section 141.040, Election Code,
704	700		is amended to read as follows:
705	701		Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.
706	702		SECTION 51. Section 141.040, Election Code, is amended by
707	703		adding Subsection (c) to read as follows:
708	704		(c) An authority may designate an e-mail address in the
709	705		notice required by this section for the purpose of filing an
710	706		application for a place on the ballot under Section 143.004.
711	707		SECTION 52. Section 141.063, Election Code, is amended by
712	708		adding Subsection (e) to read as follows:
713	709		(e) The signer's residence address and registration address
714	710		are not required to be the same if the signer would otherwise be
715	711		able to vote for that office under Sections 11.004 or 112.002.
716	712		SECTION 53. Chapter 141, Election Code, is amended by
717	713		adding Subchapter D, and a heading is added to that subchapter to
718	714		read as follows:
719	715		SUBCHAPTER D. COERCION OF CANDIDACY
720	716		SECTION 54. Section 2.054, Election Code, is transferred
721	717		to Subchapter D, Chapter 141, Election Code, as added by this Act,
722	718		redesignated as Section 141.101, Election Code, and amended to read
723	719		as follows:
724	720		Sec. 141.101 [2.054]. COERCION AGAINST CANDIDACY
725	721		PROHIBITED. (a) A [In an election that may be subject to this
726	722		subchapter, a] person commits an offense if by intimidation or by
727	723		means of coercion the person influences or attempts to influence a
728	724		person to:
729	725		(1) not file an application for a place on the ballot
730	726		or a declaration of write-in candidacy; or
731	727		(2) withdraw as a candidate.
732	728		(b) In this section, "coercion" has the meaning assigned by
733	729		Section 1.07, Penal Code.
734	730		(c) An offense under this section is a Class A misdemeanor
735	731		unless the intimidation or coercion is a threat to commit a felony,
736	732		in which event it is a felony of the third degree.
737	733		SECTION 55. Section 143.004, Election Code, is amended to
738	734		read as follows:
739	735		Sec. 143.004. APPLICATION REQUIRED. (a) Subject to
740	736		Section 143.005, to be entitled to a place on the ballot, a
741	737		candidate must make an application for a place on the ballot.
742	738		(b) An application, other than an application required to be
743	739		accompanied by fee or petition, may be filed through e-mail
744	740		transmission of the completed application in a scanned format only
745	741		if the filing authority designates an e-mail address for this
746	742		purpose in the notice required under Section 141.040.
747	743		SECTION 56. Section 144.003(a), Election Code, is amended
748	744		to read as follows:
749	745		(a) Except as otherwise provided by law, to be entitled to a
750	746		place on the ballot, a candidate must make an application for a
751	747		place on the ballot. An application, other than an application
752	748		required to be accompanied by fee or petition, may be filed through
753	749		e-mail transmission of the completed application in a scanned
754	750		format only if the filing authority designates an e-mail address
755	751		for this purpose in the notice required under Section 141.040.
756	752		SECTION 57. Section 145.003, Election Code, is amended by
757	753		adding Subsection (j) to read as follows:
758	754		(j) This section does not apply to a challenge on an
759	755		application under Section 141.034.
760	756		SECTION 58. Section 192.033(d), Election Code, is amended
761	757		to read as follows:
762	758		(d) In conjunction with the certification required under
763	759		Subsection (a), the secretary of state shall include appropriate
764	760		ballot translation language, as applicable, for each language
765	761		certified statewide or in a specific county by the director of the
766	762		census under the federal Uniformed and Overseas Citizens Absentee
767	763		Voting Act (52 U.S.C. Sections 20301 through 20311) [42 U.S.C.
768	764		Section 1973aa-1a].
769	765		SECTION 59. Subchapter B, Chapter 201, Election Code, is
770	766		amended by adding Section 201.030 to read as follows:
771	767		Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For
772	768		cities conducting recall elections, a vacancy in the officer's
773	769		office occurs on the date of the final canvass of a successful
774	770		recall election.
775	771		SECTION 60. Section 203.004(b), Election Code, is amended
776	772		to read as follows:
777	773		(b) If the election is to be held as an emergency election,
778	774		it shall be held on a Tuesday or Saturday occurring on or after the
779	775		36th day and before the 64th [50th] day after the date the election
780	776		is ordered.
781	777		SECTION 61. Section 212.001, Election Code, is amended to
782	778		read as follows:
783	779		Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
784	780		recount document submitted under this title must:
785	781		(1) be in writing;
786	782		(2) identify the office or measure for which a recount
787	783		is desired;
788	784		(3) state the grounds for the recount;
789	785		(4) state the side of the measure that the person
790	786		requesting the recount represents, if applicable;
791	787		(5) identify the election precincts, grouped by county
792	788		or other appropriate territorial unit if the election involves more
793	789		than one local canvassing authority, for which a recount is desired
794	790		and must indicate the method of voting used in each precinct;
795	791		(6) be signed by:
796	792		(A) the person requesting the recount or, if
797	793		there is more than one, any one or more of them; or
798	794		(B) an agent of the person requesting the
799	795		recount;
800	796		(7) state each requesting person's name, residence
801	797		address, and, if authorization to obtain the recount is based on
802	798		eligibility to vote in the election, voter registration number, and
803	799		county of registration if the election covers territory in more
804	800		than one county;
805	801		(8) designate an agent who is a resident of this state
806	802		to receive notice under this title on behalf of the person
807	803		requesting the recount if:
808	804		(A) the person requesting the recount is not a
809	805		resident of this state; or
810	806		(B) there is more than one person requesting the
811	807		recount;
812	808		(9) state the mailing address and at least one
813	809		telephone number, if any, at which the person requesting the
814	810		recount or an agent, identified by name, may receive notice given
815	811		under this title;
816	812		(10) state the mailing address, e-mail address, if
817	813		any, and at least one telephone number, if any, at which the
818	814		opposing candidates for the office or their agents, identified by
819	815		name, may receive notice given under this title; and
820	816		(11) be accompanied by a deposit as provided by
821	817		Subchapter E.
822	818		SECTION 62. Section 212.002(b), Election Code, is amended
823	819		to read as follows:
824	820		(b) The designation is not effective unless the document
825	821		states the designee's name, address, e-mail address, if any, and
826	822		telephone number, if any.
827	823		SECTION 63. Section 212.028(a), Election Code, is amended
828	824		to read as follows:
829	825		(a) Except as provided by Subsection (b), a petition for an
830	826		initial recount must be submitted by [the later of:
831	827		[(1) 5 p.m. of the fifth day after election day; or
832	828		[(2)] 5 p.m. of the second day after the date the
833	829		canvassing authority to whose presiding officer the petition must
834	830		be submitted completes its canvass of the original election
835	831		returns.
836	832		SECTION 64. Section 212.031(a), Election Code, is amended
837	833		to read as follows:
838	834		(a) If a recount petition complies with the applicable
839	835		requirements, the recount coordinator shall approve the petition
840	836		and note on the petition its approved status and the date of the
841	837		approval. The recount coordinator shall immediately notify the
842	838		recount supervisor of the approval. The recount supervisor shall,
843	839		with the written approval of the recount coordinator, order the
844	840		recount to be held on the earlier of [a date occurring not later
845	841		than] the seventh day after the date the petition is determined to
846	842		comply with the applicable requirements or the day after all
847	843		ballots have been delivered to the general custodian of election
848	844		records.
849	845		SECTION 65. Section 212.083, Election Code, is amended to
850	846		read as follows:
851	847		Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The
852	848		deadline for submitting a recount petition under this subchapter is
853	849		[the later of:
854	850		[(1) 2 p.m. of the third day after election day; or
855	851		[(2)] 2 p.m. of the first day after the date of the
856	852		local canvass.
857	853		SECTION 66. Section 212.112, Election Code, is amended to
858	854		read as follows:
859	855		Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
860	856		deposit is:
861	857		(1) $60 for each of the entity's election day polling
862	858		places [precinct] in which regular paper ballots were used; and
863	859		(2) $100 for each of the entity's election day polling
864	860		places [precinct] in which an electronic voting system was used.
865	861		SECTION 67. Section 216.003, Election Code, is amended to
866	862		read as follows:
867	863		Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes
868	864		of initiating an automatic recount, the authority designated under
869	865		Section 212.026 shall order the recount [request the recount in the
870	866		same manner as a recount petitioner under this title].
871	867		SECTION 68. Section 272.009, Election Code, is amended by
872	868		adding Subsection (c) to read as follows:
873	869		(c) To be eligible to serve as a clerk under this section, a
874	870		person must:
875	871		(1) be a qualified voter of the state and satisfy any
876	872		additional eligibility requirements prescribed by written order of
877	873		the commissioners court; or
878	874		(2) meet the eligibility requirements of a student
879	875		election clerk under Section 32.0511.
880	876		SECTION 69. Section 277.0024, Election Code, is amended to
881	877		read as follows:
882	878		Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. (a) Except
883	879		as provided by Subsection (b), if [If] the minimum number of
884	880		signatures required for a petition is determined by a computation
885	881		applied to the number of registered voters of a particular
886	882		territory, voters whose names appear on the list of registered
887	883		voters with the notation "S", or a similar notation, shall be
888	884		excluded from the computation.
889	885		(b) The signature of a voter whose name appears on the list
890	886		of registered voters with the notation "S", or a similar notation,
891	887		is considered valid if the voter:
892	888		(1) is otherwise eligible to vote in the territory;
893	889		and
894	890		(2) provides a residence address located in the
895	891		territory.
896	892		SECTION 70. (a) The following provisions of the Election
897	893		Code are repealed:
898	894		(1) Section 31.099(b);
899	895		(2) Section 42.061(c);
900	896		(3) Section 84.008(b);
901	897		(4) Section 87.101;
902	898		(5) Section 105.002; and
903	899		(6) Section 145.092(e).
904	900		(b) Section 5, Chapter 404 (H.B. 25), Acts of the 85th
905	901		Legislature, Regular Session, 2017, which amended Section
906	902		105.002(c), Election Code, is repealed.
907	903		SECTION 71. This Act takes effect September 1, 2019.
908		-	* * * * *