By: Klick, Lang (Senate Sponsor - Hughes) H.B. No. 2909
(In the Senate - Received from the House May 6, 2019;
May 8, 2019, read first time and referred to Committee on State
Affairs; May 19, 2019, reported favorably by the following vote:
Yeas 8, Nays 0; May 19, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to election practices and procedures; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.007(c), Election Code, is amended to
read as follows:
(c) A delivery, submission, or filing of a document or paper
under this code may be made by personal delivery, mail, telephonic
facsimile machine, e-mail, or any other method of transmission.
SECTION 2. Section 2.002, Election Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) Not later than the fifth day after the date the
automatic recount required by Subsection (i) is completed or the
final canvass following the automatic recount is completed, if
applicable, the authority responsible for ordering the first
election shall order the second election. The second election
shall be held not earlier than the 20th day or later than the 45th
[30th] day after the date the automatic recount required by
Subsection (i) is completed or the final canvass following the
automatic recount is completed, if applicable.
(j) If the recount does not resolve the tie, the tied
candidates may:
(1) cast lots not later than the day before the date
the authority must order the second election under Subsection (b);
or
(2) withdraw from the election not later than 5 p.m. of
the day after the date the automatic recount is held.
SECTION 3. Section 2.022(b), Election Code, is amended to
read as follows:
(b) Sections 2.023, 2.025, and 2.028 supersede a law outside
this subchapter to the extent of any conflict.
SECTION 4. Section 2.025(d), Election Code, is amended to
read as follows:
(d) A runoff election for a special election to fill a
vacancy in Congress or a special election to fill a vacancy in the
legislature, except an election ordered as an emergency election
under Section 41.0011 or an election held as an expedited election
under Section 203.013, [to which Section 101.104 applies] shall be
held not earlier than the 70th day or later than the 77th day after
the date the final canvass of the main election is completed.
SECTION 5. Section 2.028(c), Election Code, is amended to
read as follows:
(c) A tying candidate may resolve the tie by filing with the
presiding officer of the final canvassing authority a written
statement of withdrawal signed and sworn to [acknowledged] by the
candidate. If the statement of withdrawal is received before the
automatic recount is conducted, the remaining candidate is the
winner, and the automatic recount is not conducted. If the
statement of withdrawal is received not later than 5 p.m. the day
after the date the automatic recount is conducted [On receipt of the
statement of withdrawal], the remaining candidate is the winner,
and a casting of lots is not held.
SECTION 6. Section 2.051(b), Election Code, is amended to
read as follows:
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit if each
candidate for an office that is to appear on the ballot in that
territorial unit is unopposed and no [at-large proposition or]
opposed at-large race is to appear on the ballot. This subchapter
applies to an unopposed at-large race in such an election
regardless of whether an opposed race is to appear on the ballot in
a particular territorial unit.
SECTION 7. Section 3.005(d), Election Code, is amended to
read as follows:
(d) Except as provided by Subsection (c), an [An] election
under Section 26.08, Tax Code, to ratify a tax rate adopted by the
governing body of a school district under Section 26.05(g) of that
code shall be ordered not later than the 30th day before election
day.
SECTION 8. Section 4.003(c), Election Code, is amended to
read as follows:
(c) In addition to any other notice given, notice of an
election ordered by the governor, by a county authority,
[commissioners court] or by an authority of a city or school
district must be given by the method prescribed by Subsection
(a)(1).
SECTION 9. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of any affidavits executed under
Section 63.006, following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; [or]
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) after notification of a data entry error of which
the voter registrar is made aware under Section 63.005.
SECTION 10. Section 31.093(a), Election Code, is amended to
read as follows:
(a) Subject to Section 41.001(d), if [If] requested to do so
by a political subdivision, the county elections administrator
shall enter into a contract to furnish the election services
requested, in accordance with a cost schedule agreed on by the
contracting parties.
SECTION 11. Section 31.096, Election Code, is amended to
read as follows:
Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election
services contract may not change:
(1) the authority with whom applications of candidates
for a place on a ballot are filed;
(2) the authority with whom documents are filed under
Title 15; or
(3) the political subdivision's requirement to
maintain office hours under Section 31.122 [authority to serve as
custodian of voted ballots or other election records, except that a
contract with a political subdivision other than a city may provide
that the county election officer will be the custodian of voted
ballots].
SECTION 12. Section 31.124(a), Election Code, is amended to
read as follows:
(a) A county election officer of each county shall hold a
meeting with the county chair of each political party to discuss, as
appropriate, the following for each primary election or general
election for state and county officers:
(1) the lists provided by each political party under
Section 85.009;
(2) the lists provided by each political party under
Section 87.002(c); [and]
(3) the implementation of Subchapters A, B, C, and D,
Chapter 87; and
(4) holding a joint primary, entering into an election
services contract, and polling place locations.
SECTION 13. Section 32.114(a), Election Code, is amended to
read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. The training
program must include specific procedures related to the early
voting ballot board and the central counting station, as
applicable. Each election clerk shall complete the part of the
training program relating to the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 14. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
watcher serving at the meeting place of an early voting ballot board
or signature verification committee may be present at any time the
board or committee is processing or counting ballots and until the
board or committee completes its duties. The watcher may serve
during the hours the watcher chooses, except as provided by
Subsection (b).
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
recorded any votes cast on voting machines or counted any ballots,
unless the board has completed its duties and has been dismissed by
the presiding judge.
SECTION 15. Sections 41.001(a) and (b), Election Code, are
amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in May in an odd-numbered year;
(2) the first Saturday in May in an even-numbered
year, for an election held by a political subdivision other than a
county, or ordered by the governor; or
(3) the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election to resolve a tie vote;
(3) an election held under an order of a court or other
tribunal;
(4) an emergency election ordered under Section
41.0011 or any resulting runoff;
(5) an expedited election to fill a vacancy in the
legislature held under Section 203.013;
(6) an election held under a statute that expressly
provides that the requirement of Subsection (a) does not apply to
the election; or
(7) the initial election of the members of the
governing body of a newly incorporated city.
SECTION 16. Sections 43.007(a) and (m), Election Code, are
amended to read as follows:
(a) The secretary of state shall implement a program to
allow each commissioners court participating in the program to
eliminate county election precinct polling places and establish
countywide polling places for:
(1) any election required to be conducted by the
county [each general election for state and county officers];
(2) any election held as part of a joint election
agreement with a county under Chapter 271 [each election held on the
uniform election date in May and any resulting runoff];
(3) any election held under contract for election
services with a county under Subchapter D, Chapter 31 [each
election on a proposed constitutional amendment];
(4) each primary election and runoff primary election
if:
(A) the county chair or county executive
committee of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair or county executive
committee of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(5) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision [(1), (2),] (3)[,] or (4).
(m) In adopting a methodology under Subsection (f), the
county must ensure that:
(1) each county commissioners precinct contains at
least one countywide polling place; and
(2) the total number of [permanent branch and
temporary branch] polling places open for voting in a county
commissioners precinct does not exceed more than twice the number
of [permanent branch and temporary branch] polling places in
another county commissioners precinct.
SECTION 17. Section 52.070, Election Code, is amended by
amending Subsections (a), (b) and (e) and adding Subsection (f) to
read as follows:
(a) A shape [square] for voting shall be printed to the left
of each candidate's name on a ballot.
(b) Immediately below "OFFICIAL BALLOT," the following
instruction shall be printed: "Vote for the candidate of your
choice in each race by placing an 'X' or filling in the shape
[square] beside the candidate's name."
(e) A shape [square] shall be printed to the left of each
line provided for write-in voting under Section 52.066(c), but
failure to place a mark in the shape [square] does not affect the
counting of a write-in vote.
(f) Any variation from this instruction must be approved by
the secretary of state.
SECTION 18. Section 52.094(d), Election Code, is amended to
read as follows:
(d) The [For an election held at county expense or a city
election, on receipt of a candidate's written request accompanied
by a stamped, self-addressed envelope, the authority conducting the
drawing shall mail written notice of the date, hour, and place of
the drawing to the candidate. For an election held by any other
political subdivision, the] authority conducting the drawing shall
provide [mail written] notice of the date, hour, and place of the
drawing to each candidate by:
(1) written notice:
(A) mailed to [, at] the address stated on the
candidate's application for a place on the ballot, not later than
the fourth day before the date of the drawing; or
(B) provided at the time the candidate files an
application with the appropriate authority;
(2) telephone, if a telephone number is provided on
the candidate's application for a place on the ballot; or
(3) e-mail, if an e-mail address is provided on the
candidate's application for a place on the ballot.
SECTION 19. Chapter 63, Election Code, is amended by adding
Section 63.005 to read as follows:
Sec. 63.005. CONFIRMING REGISTRATION STATUS OF VOTER. (a)
If the name of a voter who is offering to vote is not on the precinct
list of registered voters, an election officer may contact the
voter registrar regarding the voter's registration status.
(b) If the election officer determines the voter is a
registered voter of the territory covered by the election but is
offering to vote in the incorrect precinct, the election officer
shall provide the correct precinct location information to the
voter.
(c) Notwithstanding Section 63.009, a voter shall be
accepted for voting if the voter's identity has been verified from
documentation as required by Section 63.001(b) and it can be
determined from the voter registrar that:
(1) the voter's registration was improperly canceled
and has been reinstated under Section 16.037;
(2) an error in the voter registration record caused
the voter's name to not appear on the list of registered voters, and
the error has been corrected under Section 15.022; or
(3) the voter's name has been inadvertently left off
the list of registered voters for the precinct.
(d) After the voter is accepted under Subsection (c), an
election officer shall enter the voter's name on the registration
omissions list.
(e) The voter shall be accepted for provisional voting under
Section 63.011 if the election officer cannot determine that the
voter is a registered voter of the territory covered by the election
in which the voter is offering to vote.
SECTION 20. Section 65.052, Election Code, is amended to
read as follows:
Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of
state shall prescribe procedures by which the voter registrar of
the county in which a provisional ballot is cast shall provide
assistance to the early voting ballot board in executing its
authority under this subchapter. In an election described by
Section 65.051(a-1), the procedures must allow for 10 [seven]
calendar days for the voter registrar to review a provisional
voter's eligibility.
SECTION 21. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0581 to read as follows:
Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING
RECORDS. Provisional voting records are not available for public
inspection until the first business day after the date the early
voting ballot board completes the verification and counting of
provisional ballots under Section 65.051 and delivers the
provisional ballots and other provisional voting records to the
general custodian of election records.
SECTION 22. Chapter 82, Election Code, is amended by adding
Section 82.008 to read as follows:
Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified
voter is eligible for early voting by mail if, at the time the
voter's early voting ballot application is submitted, the voter is
a person who is civilly committed as a sexually violent predator
under Chapter 841, Health and Safety Code, and is ordered as a
condition of civil commitment to reside in a facility operated by or
under contract with the Texas Civil Commitment Office.
SECTION 23. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; [and]
(6) an indication of the ground of eligibility for
early voting; and
(7) for an application for a ballot to be voted by mail
on the ground of involuntary civil commitment, the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
SECTION 24. Section 84.008(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this code, an [An]
applicant for a ballot to be voted by mail may submit the
application by delivering it in person to the early voting clerk if
the application is submitted not later than the close of regular
business in the clerk's office on the day before the first day of
the period for early voting by personal appearance.
SECTION 25. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail or involuntary civil commitment
to indicate that the address to which the ballot is to be mailed is
the address of a relative described by Section 84.002(a)(4) or
(a)(7), if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 26. Section 85.007(d), Election Code, is amended to
read as follows:
(d) Any notice required under this section must also be
posted:
(1) on the Internet website of the authority ordering
the election, if the authority maintains a website; and
(2) for a primary election or the general election for
state and county officers, by the secretary of state on the
secretary's Internet website.
SECTION 27. Section 85.062(d), Election Code, is amended to
read as follows:
(d) In a primary election, the general election for state
and county officers, or a special election to fill a vacancy in the
legislature or in congress:
(1) the commissioners court of a county with a
population of 400,000 or more shall establish one or more early
voting polling places other than the main early voting polling
place in each state representative district containing territory
covered by the election, except that the polling place or places
shall be established in the state senatorial or congressional
district, as applicable, in a special election to fill a vacancy in
the office of state senator or United States representative;
(2) the commissioners court of a county with a
population of 120,000 or more but less than 400,000 shall establish
one or more early voting polling places other than the main early
voting polling place in each commissioners precinct containing
territory covered by the election; and
(3) the early voting clerk [commissioners court] of a
county with a population of 100,000 or more but less than 120,000
shall establish one or more early voting polling places as
described by Subdivision (2) in each precinct for which the early
voting clerk [commissioners court] receives in time to enable
compliance with Section 85.067 a written request for that action
submitted by at least 15 registered voters of that precinct.
SECTION 28. Section 86.0015(c), Election Code, is amended
to read as follows:
(c) In an election of a political subdivision located in a
county in which the county clerk is not the early voting clerk, the
county clerk shall provide the early voting clerk of the political
subdivision that is holding the election a list of voters in the
portion of the political subdivision located in the county who have
ballot applications on file under this section along with copies of
the applications submitted by those voters. The early voting clerk
shall provide a ballot to be voted by mail to each voter on the list
for whom the early voting clerk received a copy of an application
submitted under this section.
SECTION 29. Section 86.002(f), Election Code, is amended to
read as follows:
(f) The clerk shall include with the balloting materials:
(1) a notice of the clerk's physical address for
purposes of return by common or contract carrier or personal
delivery in accordance with Section 86.006(a-1); and
(2) the list of declared write-in candidates for the
election, if applicable.
SECTION 30. Sections 86.003(c) and (d), Election Code, are
amended to read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence;
(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4); [or]
(3) age or disability and the voter is living at a
hospital, nursing home or other long-term care facility, or
retirement center, or with a relative described by Section
84.002(a)(3), in which case the address must be the address of that
facility or relative; or
(4) involuntary civil commitment, in which case the
address must be the address of the facility or of a relative
described by Section 84.002(a)(7).
(d) If the applicable address specified in a voter's
application is an address other than that prescribed by Subsection
(c) or subject to Section 86.002(a), the voter's application shall
be rejected in accordance with Section 86.001(c).
SECTION 31. Section 86.006(a-1), Election Code, is amended
to read as follows:
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office only while the polls are open during the
early voting period or on election day. A voter who delivers a
marked ballot in person must present an acceptable form of
identification described by Section 63.0101.
SECTION 32. Section 86.009(e), Election Code, is amended to
read as follows:
(e) A voter's defective ballot that is timely returned to
the clerk as a marked ballot shall be treated as:
(1) a marked ballot not timely returned if the
corrected ballot is timely returned as a marked ballot by the close
of the polls on election day; or
(2) as the voter's ballot for the election if the
corrected ballot is not timely returned by the close of the polls on
election day.
SECTION 33. Section 87.0222(a), Election Code, is amended
to read as follows:
(a) Notwithstanding Section 87.024, in an election
conducted by an authority of a county with a population of 100,000
or more, or conducted jointly with such a county or conducted with
such a county through a contract for election services, the jacket
envelopes containing the early voting ballots voted by mail may be
delivered to the board between the end of the ninth day before the
last day of the period for early voting by personal appearance and
the closing of the polls on election day, or as soon after closing
as practicable, at the time or times specified by the presiding
judge of the board.
SECTION 34. Section 87.0241(b), Election Code, is amended
to read as follows:
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more, or conducted jointly
with such a county or conducted with such a county through a
contract for election services, the end of the period for early
voting by personal appearance.
SECTION 35. Section 87.102(b), Election Code, is amended to
read as follows:
(b) Early voting ballots that are to be duplicated under
this section [shall be delivered to the central counting station as
prescribed by Section 87.101 and] shall be treated in the same
manner as damaged electronic system ballots that are duplicated for
automatic counting.
SECTION 36. Section 101.001, Election Code, is amended to
read as follows:
Sec. 101.001. ELIGIBILITY. A person is eligible for early
voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member;
(B-1) a member of the Texas National Guard or the
National Guard of another state or a member of a reserve component
of the armed forces of the United States serving on active duty
under an order of the president of the United States or activated on
state orders, or the spouse or dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
SECTION 37. Section 101.003(1), Election Code, is amended
to read as follows:
(1) "Federal postcard application" means an
application for a ballot to be voted under this chapter submitted on
the official federal form prescribed under the federal Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
through 20311) [(42 U.S.C. Section 1973ff et seq.)].
SECTION 38. Section 101.008, Election Code, is amended to
read as follows:
Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
secretary of state, in coordination with county [local] election
officials, shall implement an electronic free-access system by
which a person eligible for early voting by mail under this chapter
or Chapter 114 may determine by telephone, by e-mail, or over the
Internet whether:
(1) the person's federal postcard application or other
registration or ballot application has been received and accepted;
and
(2) the person's ballot has been received and the
current status of the ballot.
SECTION 39. Sections 101.052(a-1) and (c), Election Code,
are amended to read as follows:
(a-1) A federal postcard application must be submitted by:
(1) mail; [or]
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state;
(3) in-person delivery in accordance with Section
84.008; or
(4) common or contract carrier.
(c) An application is considered submitted in the following
calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election [A federal postcard application
requesting a ballot for an election to be held in January or
February may be submitted in the preceding calendar year but not
earlier than the earliest date for submitting a regular application
for a ballot to be voted by mail].
SECTION 40. Section 101.054(c), Election Code, is amended
to read as follows:
(c) An application shall be treated as if it requests a
ballot for a runoff election that results from an election for which
a ballot is requested, including a runoff election that occurs in
the next calendar year.
SECTION 41. Section 101.056(a), Election Code, is amended
to read as follows:
(a) The balloting materials provided under this subchapter
shall be airmailed to the voter free of United States postage, as
provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], in an envelope labeled "Official Election
Balloting Material - via Airmail." The secretary of state shall
provide early voting clerks with instructions on compliance with
this subsection.
SECTION 42. Section 101.057(b), Election Code, is amended
to read as follows:
(b) A ballot voted by a voter described by Section
101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
arrives at the address on the carrier envelope not later than the
sixth day after the date of the election, except that if that date
falls on a Saturday, Sunday, or legal state or national holiday,
then the deadline is extended to the next regular business day.
SECTION 43. Section 101.058, Election Code, is amended to
read as follows:
Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this subchapter shall
be prepared so that it can be mailed free of United States postage,
as provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], and must contain the label prescribed by
Section 101.056(a) for the envelope in which the balloting
materials are sent to a voter. The secretary of state shall provide
early voting clerks with instructions on compliance with this
section.
SECTION 44. Section 101.102(b), Election Code, is amended
to read as follows:
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 101.001(2)(C), has provided a current mailing address that
is located outside the United States; or
(B) if the requestor is a person described by
Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
mailing address that is located outside the requestor's county of
residence;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the deadline
prescribed by Section 84.007 [seventh day before the date of the
election]; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
SECTION 45. Section 101.107(a), Election Code, is amended
to read as follows:
(a) A voter described by Section 101.001(2)(A), [or] (B), or
(B-1) must be voting from outside the voter's county of
residence. A voter described by Section 101.001(2)(C) must be
voting from outside the United States.
SECTION 46. Section 102.002, Election Code, is amended to
read as follows:
Sec. 102.002. CONTENTS OF APPLICATION. An application for
a late ballot must comply with the applicable provisions of Section
84.002 and must include or be accompanied by a certificate of a
licensed physician or chiropractor or accredited Christian Science
practitioner in substantially the following form:
"This is to certify that I know that __________ has a sickness
or physical condition that will prevent him or her from appearing at
the polling place for an election to be held on the __________ day
of __________, 20 [19]___, without a likelihood of needing personal
assistance or of injuring his or her health and that the sickness or
physical condition originated on or after __________.
"Witness my hand at __________, Texas, this __________ day of
__________, 20 [19]___.
________________________________
(signature of physician,
chiropractor, or practitioner)"
SECTION 47. Section 113.003, Election Code, is amended to
read as follows:
Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
application for a presidential ballot to be voted by mail must be
submitted to the early voting clerk serving the county of the
applicant's most recent registration to vote by the deadline
prescribed by Section 84.007.
SECTION 48. Section 141.032(g), Election Code, is amended
to read as follows:
(g) Except as otherwise provided by this code [After the
filing deadline]:
(1) a candidate may not amend an application filed
under Section 141.031; and
(2) the authority with whom the application is filed
may not accept an amendment to an application filed under Section
141.031.
SECTION 49. Section 141.034(a), Election Code, is amended
to read as follows:
(a) An application for a place on the ballot may not be
challenged for compliance with the applicable requirements as to
form, content, and procedure after the day before any ballot to be
voted early by mail in the election for which the application is
made is mailed [to an address in the authority's jurisdiction for
the election for which the application is made].
SECTION 50. The heading to Section 141.040, Election Code,
is amended to read as follows:
Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.
SECTION 51. Section 141.040, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An authority may designate an e-mail address in the
notice required by this section for the purpose of filing an
application for a place on the ballot under Section 143.004.
SECTION 52. Section 141.063, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The signer's residence address and registration address
are not required to be the same if the signer would otherwise be
able to vote for that office under Sections 11.004 or 112.002.
SECTION 53. Chapter 141, Election Code, is amended by
adding Subchapter D, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER D. COERCION OF CANDIDACY
SECTION 54. Section 2.054, Election Code, is transferred
to Subchapter D, Chapter 141, Election Code, as added by this Act,
redesignated as Section 141.101, Election Code, and amended to read
as follows:
Sec. 141.101 [2.054]. COERCION AGAINST CANDIDACY
PROHIBITED. (a) A [In an election that may be subject to this
subchapter, a] person commits an offense if by intimidation or by
means of coercion the person influences or attempts to influence a
person to:
(1) not file an application for a place on the ballot
or a declaration of write-in candidacy; or
(2) withdraw as a candidate.
(b) In this section, "coercion" has the meaning assigned by
Section 1.07, Penal Code.
(c) An offense under this section is a Class A misdemeanor
unless the intimidation or coercion is a threat to commit a felony,
in which event it is a felony of the third degree.
SECTION 55. Section 143.004, Election Code, is amended to
read as follows:
Sec. 143.004. APPLICATION REQUIRED. (a) Subject to
Section 143.005, to be entitled to a place on the ballot, a
candidate must make an application for a place on the ballot.
(b) An application, other than an application required to be
accompanied by fee or petition, may be filed through e-mail
transmission of the completed application in a scanned format only
if the filing authority designates an e-mail address for this
purpose in the notice required under Section 141.040.
SECTION 56. Section 144.003(a), Election Code, is amended
to read as follows:
(a) Except as otherwise provided by law, to be entitled to a
place on the ballot, a candidate must make an application for a
place on the ballot. An application, other than an application
required to be accompanied by fee or petition, may be filed through
e-mail transmission of the completed application in a scanned
format only if the filing authority designates an e-mail address
for this purpose in the notice required under Section 141.040.
SECTION 57. Section 145.003, Election Code, is amended by
adding Subsection (j) to read as follows:
(j) This section does not apply to a challenge on an
application under Section 141.034.
SECTION 58. Section 192.033(d), Election Code, is amended
to read as follows:
(d) In conjunction with the certification required under
Subsection (a), the secretary of state shall include appropriate
ballot translation language, as applicable, for each language
certified statewide or in a specific county by the director of the
census under the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [42 U.S.C.
Section 1973aa-1a].
SECTION 59. Subchapter B, Chapter 201, Election Code, is
amended by adding Section 201.030 to read as follows:
Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For
cities conducting recall elections, a vacancy in the officer's
office occurs on the date of the final canvass of a successful
recall election.
SECTION 60. Section 203.004(b), Election Code, is amended
to read as follows:
(b) If the election is to be held as an emergency election,
it shall be held on a Tuesday or Saturday occurring on or after the
36th day and before the 64th [50th] day after the date the election
is ordered.
SECTION 61. Section 212.001, Election Code, is amended to
read as follows:
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
recount document submitted under this title must:
(1) be in writing;
(2) identify the office or measure for which a recount
is desired;
(3) state the grounds for the recount;
(4) state the side of the measure that the person
requesting the recount represents, if applicable;
(5) identify the election precincts, grouped by county
or other appropriate territorial unit if the election involves more
than one local canvassing authority, for which a recount is desired
and must indicate the method of voting used in each precinct;
(6) be signed by:
(A) the person requesting the recount or, if
there is more than one, any one or more of them; or
(B) an agent of the person requesting the
recount;
(7) state each requesting person's name, residence
address, and, if authorization to obtain the recount is based on
eligibility to vote in the election, voter registration number, and
county of registration if the election covers territory in more
than one county;
(8) designate an agent who is a resident of this state
to receive notice under this title on behalf of the person
requesting the recount if:
(A) the person requesting the recount is not a
resident of this state; or
(B) there is more than one person requesting the
recount;
(9) state the mailing address and at least one
telephone number, if any, at which the person requesting the
recount or an agent, identified by name, may receive notice given
under this title;
(10) state the mailing address, e-mail address, if
any, and at least one telephone number, if any, at which the
opposing candidates for the office or their agents, identified by
name, may receive notice given under this title; and
(11) be accompanied by a deposit as provided by
Subchapter E.
SECTION 62. Section 212.002(b), Election Code, is amended
to read as follows:
(b) The designation is not effective unless the document
states the designee's name, address, e-mail address, if any, and
telephone number, if any.
SECTION 63. Section 212.028(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a petition for an
initial recount must be submitted by [the later of:
[(1) 5 p.m. of the fifth day after election day; or
[(2)] 5 p.m. of the second day after the date the
canvassing authority to whose presiding officer the petition must
be submitted completes its canvass of the original election
returns.
SECTION 64. Section 212.031(a), Election Code, is amended
to read as follows:
(a) If a recount petition complies with the applicable
requirements, the recount coordinator shall approve the petition
and note on the petition its approved status and the date of the
approval. The recount coordinator shall immediately notify the
recount supervisor of the approval. The recount supervisor shall,
with the written approval of the recount coordinator, order the
recount to be held on the earlier of [a date occurring not later
than] the seventh day after the date the petition is determined to
comply with the applicable requirements or the day after all
ballots have been delivered to the general custodian of election
records.
SECTION 65. Section 212.083, Election Code, is amended to
read as follows:
Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The
deadline for submitting a recount petition under this subchapter is
[the later of:
[(1) 2 p.m. of the third day after election day; or
[(2)] 2 p.m. of the first day after the date of the
local canvass.
SECTION 66. Section 212.112, Election Code, is amended to
read as follows:
Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
deposit is:
(1) $60 for each of the entity's election day polling
places [precinct] in which regular paper ballots were used; and
(2) $100 for each of the entity's election day polling
places [precinct] in which an electronic voting system was used.
SECTION 67. Section 216.003, Election Code, is amended to
read as follows:
Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes
of initiating an automatic recount, the authority designated under
Section 212.026 shall order the recount [request the recount in the
same manner as a recount petitioner under this title].
SECTION 68. Section 272.009, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) To be eligible to serve as a clerk under this section, a
person must:
(1) be a qualified voter of the state and satisfy any
additional eligibility requirements prescribed by written order of
the commissioners court; or
(2) meet the eligibility requirements of a student
election clerk under Section 32.0511.
SECTION 69. Section 277.0024, Election Code, is amended to
read as follows:
Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. (a) Except
as provided by Subsection (b), if [If] the minimum number of
signatures required for a petition is determined by a computation
applied to the number of registered voters of a particular
territory, voters whose names appear on the list of registered
voters with the notation "S", or a similar notation, shall be
excluded from the computation.
(b) The signature of a voter whose name appears on the list
of registered voters with the notation "S", or a similar notation,
is considered valid if the voter:
(1) is otherwise eligible to vote in the territory;
and
(2) provides a residence address located in the
territory.
SECTION 70. (a) The following provisions of the Election
Code are repealed:
(1) Section 31.099(b);
(2) Section 42.061(c);
(3) Section 84.008(b);
(4) Section 87.101;
(5) Section 105.002; and
(6) Section 145.092(e).
(b) Section 5, Chapter 404 (H.B. 25), Acts of the 85th
Legislature, Regular Session, 2017, which amended Section
105.002(c), Election Code, is repealed.
SECTION 71. This Act takes effect September 1, 2019.
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