Texas 2019 - 86th Regular

Texas House Bill HB4406 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12006 ADM-D
2	2	By: Cain H.B. No. 4406
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to elections; creating criminal offenses; increasing
8	8	criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 2, Election Code, is
11	11	amended to read as follows:
12	12	CHAPTER 2. VOTE REQUIRED FOR ELECTION [TO OFFICE]
13	13	SECTION 2. Chapter 2, Election Code, is amended by adding
14	14	Subchapter E to read as follows:
15	15	SUBCHAPTER E. SUPERMAJORITY REQUIREMENT FOR CERTAIN ELECTIONS
16	16	Sec. 2.101. POLITICAL SUBDIVISION BOND ELECTION.
17	17	Notwithstanding any other law, an election held by a political
18	18	subdivision to authorize the issuance of bonds does not authorize
19	19	the issuance of the bonds unless at least:
20	20	(1) two-thirds of the voters voting in the election
21	21	vote in favor of authorizing the issuance of bonds; and
22	22	(2) 20 percent of registered voters eligible to vote
23	23	in the election vote in the election.
24	24	SECTION 3. Section 13.007(b), Election Code, is amended to
25	25	read as follows:
26	26	(b) An offense under this section is a Class B misdemeanor,
27	27	unless the false statement is that the person lists a residence
28	28	address other than the person's actual residence under Section
29	29	1.015, in which case it is a state jail felony.
30	30	SECTION 4. Section 13.144, Election Code, is amended by
31	31	amending Subsection (a) and adding Subsection (c) to read as
32	32	follows:
33	33	(a) Except as provided by Subsection (c), not [Not] later
34	34	than the 30th day after the date the registrar receives the
35	35	application, the registrar shall deliver the original of an initial
36	36	certificate:
37	37	(1) in person to the applicant or the applicant's agent
38	38	appointed under Section 13.003; or
39	39	(2) by mail to the applicant.
40	40	(c) The registrar may not make a delivery under this section
41	41	in the 30 days immediately preceding a uniform election date.
42	42	SECTION 5. Subchapter D, Chapter 31, Election Code, is
43	43	amended by adding Section 31.0926 to read as follows:
44	44	Sec. 31.0926. REQUEST FOR SERVICES REQUIRED: MAY ELECTION
45	45	DATE. (a) This section applies only to a political subdivision
46	46	located entirely in a county with a population of 250,000 or more.
47	47	(b) The governing body of a political subdivision shall
48	48	request an election services contract with the county elections
49	49	administrator to perform all duties and functions of the political
50	50	subdivision in relation to an election held on the May uniform
51	51	election date.
52	52	SECTION 6. Section 32.034, Election Code, is amended by
53	53	amending Subsections (b) and (c) and adding Subsection (c-1) to
54	54	read as follows:
55	55	(b) The county chair of a political party whose candidate
56	56	for governor received the highest or second highest number of votes
57	57	in the county in the most recent gubernatorial general election
58	58	may, not later than the 25th day before a general election or the
59	59	10th day before a special election to which Subsection (a) applies,
60	60	submit to a presiding judge a list containing the names of at least
61	61	two persons who are eligible for appointment as a clerk. If a
62	62	timely list is submitted, the presiding judge shall appoint at
63	63	least one clerk from the list, except as provided by Subsections
64	64	[Subsection] (c) and (c-1).
65	65	(c) If only one additional clerk is to be appointed for an
66	66	election in which the alternate presiding judge will serve as a
67	67	clerk after the alternate presiding judge has made an appointment
68	68	under Subsection (c-1), the clerk shall be appointed from the list
69	69	of a political party with which neither the presiding judge nor the
70	70	alternate judge is affiliated or aligned, if such a list is
71	71	submitted. If two such lists are submitted, the presiding judge
72	72	shall decide from which list the appointment will be made. If such
73	73	a list is not submitted, the presiding judge is not required to make
74	74	an appointment from any list.
75	75	(c-1) In an election in which the alternate presiding judge
76	76	will serve as a clerk, the alternate presiding judge may appoint a
77	77	clerk to serve at the same location as the judge.
78	78	SECTION 7. Section 52.072, Election Code, is amended by
79	79	adding Subsection (f) to read as follows:
80	80	(f) A proposition may not exceed 400 characters.
81	81	SECTION 8. Chapter 63, Election Code, is amended by adding
82	82	Section 63.0111 to read as follows:
83	83	Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
84	84	An election judge commits an offense if the judge accepts a voter
85	85	for voting under Section 63.001 if the voter is only permitted to
86	86	vote a provisional ballot in the election.
87	87	(b) An election judge commits an offense if the judge, in
88	88	one election, accepts for voting under Section 63.001 three or more
89	89	voters whose names are not on the list of registered voters for the
90	90	precinct.
91	91	(c) An election judge commits an offense if the judge
92	92	provides a voter with a form for an affidavit required by Section
93	93	63.001 if the form contains false information.
94	94	(d) An offense under this section is a state jail felony.
95	95	SECTION 9. Section 64.031, Election Code, is amended to
96	96	read as follows:
97	97	Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. (a) A voter is
98	98	eligible to receive assistance in marking or reading the ballot, as
99	99	provided by this subchapter, if the voter cannot prepare or read the
100	100	ballot because of:
101	101	(1) a physical disability that renders the voter
102	102	unable to write or see; or
103	103	(2) an inability to read the language in which the
104	104	ballot is written.
105	105	(b) A voter is only eligible to receive assistance in
106	106	marking the ballot if the voter has a physical disability that
107	107	renders the voter unable to write or see.
108	108	SECTION 10. Sections 64.036(a), (b), and (d), Election
109	109	Code, are amended to read as follows:
110	110	(a) A person commits an offense if the person knowingly:
111	111	(1) provides assistance to a voter who is not eligible
112	112	for assistance;
113	113	(2) while assisting a voter prepares the voter's
114	114	ballot in a way other than the way the voter directs or without
115	115	direction from the voter;
116	116	(3) while assisting a voter suggests by word, sign, or
117	117	gesture how the voter should vote; or
118	118	(4) provides assistance, or offers to provide
119	119	assistance, to a voter who has not requested assistance or selected
120	120	the person to assist the voter.
121	121	(b) A person commits an offense if the person knowingly
122	122	assists a voter in violation of:
123	123	(1) Section 64.031(b); or
124	124	(2) Section 64.032(c).
125	125	(d) An offense under this section is a Class A misdemeanor,
126	126	unless the offense is committed under Subsection (a)(4) or (b)(1),
127	127	in which case it is a state jail felony.
128	128	SECTION 11. Section 86.003, Election Code, is amended by
129	129	amending Subsections (a) and (b) and adding Subsection (e) to read
130	130	as follows:
131	131	(a) The balloting materials for voting by mail shall be
132	132	provided to the voter by mail, unless the ballot is delivered to a
133	133	voter for early voting under Chapter 107. A ballot provided by any
134	134	other method may not be counted.
135	135	(b) Subject to Subsection (c), the balloting materials
136	136	shall be addressed to the applicable address specified in the
137	137	voter's application. The election officer providing the ballot may
138	138	not knowingly deliver [mail] the materials to an address other than
139	139	that prescribed by this section.
140	140	(e) A voter who makes an application to vote early by mail on
141	141	the grounds of age or disability requesting that the ballot be sent
142	142	to the address of a residential care facility, as defined by Section
143	143	107.002, is required to vote as provided by that chapter if five or
144	144	more applications for ballots to be voted by mail are made by
145	145	residents of the same facility who request that the ballots be sent
146	146	to that facility.
147	147	SECTION 12. Section 86.004, Election Code, is amended by
148	148	amending Subsection (a) and adding Subsection (c) to read as
149	149	follows:
150	150	(a) Except as provided by Subsection (b) or (c), the
151	151	balloting materials for voting by mail shall be mailed to a voter
152	152	entitled to vote by mail not later than the seventh calendar day
153	153	after the later of the date the clerk accepts the voter's
154	154	application for a ballot to be voted by mail or the date the ballots
155	155	become available for mailing, except that if that mailing date is
156	156	earlier than the 45th day before election day, the balloting
157	157	materials shall be mailed not later than the 30th day before
158	158	election day.
159	159	(c) An application to vote early by mail on the grounds of
160	160	age or disability requesting that the ballot be sent to the address
161	161	of a residential care facility, as defined by Section 107.002,
162	162	shall be held until the earlier of:
163	163	(1) the date on which five or more applications for
164	164	ballots to be voted by mail made by residents of the same facility
165	165	who request that the ballots be sent to that facility have been
166	166	received, in which case ballots may not be mailed to the voters and
167	167	voting shall be conducted under Chapter 107; or
168	168	(2) the last day on which an application for a ballot
169	169	to be voted by mail may be received, after which the ballot shall
170	170	promptly be mailed to the voter.
171	171	SECTION 13. Subtitle B, Title 7, Election Code, is amended
172	172	by adding Chapter 107 to read as follows:
173	173	CHAPTER 107. EARLY VOTING AT A RESIDENTIAL CARE FACILITY
174	174	Sec. 107.001. PURPOSE. This chapter is enacted to
175	175	facilitate voting in a nursing home, other long-term care facility,
176	176	or retirement center in which a significant number of occupants,
177	177	patients, or residents lack adequate transportation to an
178	178	appropriate polling place, need assistance in voting, are 65 years
179	179	of age or older or are disabled, or are indefinitely confined.
180	180	Sec. 107.002. DEFINITION. In this chapter, "residential
181	181	care facility" means a facility licensed and regulated under
182	182	Chapter 242 or 247, Health and Safety Code.
183	183	Sec. 107.003. APPLICABILITY OF EARLY VOTING BY PERSONAL
184	184	APPEARANCE PROVISIONS. To the extent applicable and not in
185	185	conflict with this chapter, Chapter 85 applies to voting at a
186	186	residential care facility under this chapter.
187	187	Sec. 107.004. EARLY VOTING AT RESIDENTIAL CARE FACILITY
188	188	REQUIRED. A voter residing in a residential care facility who has
189	189	applied to vote early by mail on the grounds of age or disability
190	190	and who requested that the ballot be sent to the address of the
191	191	facility must vote as provided by this chapter if five or more
192	192	applications for ballots to be voted by mail were made by residents
193	193	of the same facility who requested that the ballots be sent to the
194	194	facility.
195	195	Sec. 107.005. ELECTION JUDGES; QUALIFICATIONS; OATH. (a)
196	196	Additional election judges shall be selected to serve at a
197	197	residential care facility in the same manner as election judges are
198	198	selected to serve at a polling place for early voting by personal
199	199	appearance under Chapter 32. The county chair of a political party
200	200	shall indicate on the list of names of persons if a person is
201	201	willing to serve as an election judge under this chapter.
202	202	(b) An election judge serving at a residential care facility
203	203	may be a volunteer, an employee of the authority conducting the
204	204	election, or compensated by the authority conducting the election
205	205	in the same manner as an election judge for a polling place for
206	206	early voting by personal appearance.
207	207	(c) A person may not serve as an election judge for a
208	208	residential care facility if at any time during the two years
209	209	preceding the election, the person has been employed or retained at
210	210	a residential care facility in the county where the person seeks to
211	211	serve as an election judge.
212	212	(d) Before beginning the duties of an election judge under
213	213	this chapter, each individual appointed to serve as an election
214	214	judge at a residential care facility shall sign and date this oath:
215	215	I swear (or affirm) that I will not in any manner request or
216	216	seek to persuade or induce any voter to vote for or against any
217	217	candidate or measure to be voted on, and that I will faithfully
218	218	perform my duty as an officer of the election and guard the purity
219	219	of the election.
220	220	I have read the statutes and training materials provided and
221	221	will conduct this election accordingly.
222	222	I understand that failing to follow procedures exactly may
223	223	result in invalidation of the voter's ballot.
224	224	I will not unduly influence or pressure a person to
225	225	participate or cast a ballot in the election.
226	226	I will not influence the choice of a voter to choose a
227	227	particular primary ballot, vote in a particular race or election,
228	228	or vote on a particular proposition.
229	229	Signed: ________________________
230	230	This ___ day of ____, 20__.
231	231	(e) The secretary of state shall provide training for an
232	232	election judge serving under this chapter.
233	233	Sec. 107.006. VOTING LOCATION. (a) The administrator of
234	234	the residential care facility shall make available an area located
235	235	in a common area of the facility for the purposes of voting under
236	236	this chapter. The area shall allow a voter to cast a secret ballot.
237	237	(b) The facility administrator shall allow posting of
238	238	required notices during the period that voting is conducted under
239	239	this chapter.
240	240	(c) An election judge may enter the private room of a voter
241	241	who requests that balloting materials be brought to the voter.
242	242	Sec. 107.007. NOTICE OF ELECTION IN RESIDENTIAL CARE
243	243	FACILITY; DETERMINATION OF TIME FOR VOTING. (a) If early voting at
244	244	a residential care facility is required under this chapter, the
245	245	early voting clerk shall give notice that early voting will occur at
246	246	the facility and appoint election judges for the purpose of
247	247	conducting voting under this chapter.
248	248	(b) Not later than 5 p.m. on the sixth business day before
249	249	election day, the election judges shall, with the input of the
250	250	administrator of the residential care facility, designate one or
251	251	more times for voting to be conducted. Voting may be conducted not
252	252	earlier than the 29th day before election day and not later than the
253	253	fourth day preceding election day.
254	254	(c) Notice of the time or times for conducting the election
255	255	shall be posted at the residential care facility by the election
256	256	judge and on the appropriate county's Internet website as soon as
257	257	practicable after determining the time and not later than the fifth
258	258	day before the first day on which voting will be conducted at the
259	259	facility.
260	260	(d) The secretary of state with the assistance of the
261	261	Department of State Health Services shall create a list of all
262	262	residential care facilities in an early voting clerk's
263	263	jurisdiction. The secretary of state shall provide the list to the
264	264	early voting clerk.
265	265	(e) The early voting clerk shall maintain a public list of
266	266	all residential care facilities in the clerk's jurisdiction at
267	267	which voting is conducted under this chapter. The list must be
268	268	available on the Internet website of the authority conducting the
269	269	election or posted at the location where public notices are posted
270	270	in the county courthouse or the authority's public building, as
271	271	applicable, and for each facility state:
272	272	(1) the name of the facility;
273	273	(2) the address of the facility;
274	274	(3) the dates and times for voting at the facility; and
275	275	(4) the names of the election judges for the facility.
276	276	Sec. 107.008. CONDUCT OF ELECTION. (a) In an election
277	277	conducted under this chapter, the early voting clerk shall deliver
278	278	to the election judges for a residential care facility the
279	279	balloting materials for any qualified voters who have requested a
280	280	mail ballot for an election that would have been otherwise mailed to
281	281	the voter at the facility under Chapter 86.
282	282	(b) The election judges for a residential care facility
283	283	shall deliver the balloting materials to the voter at the facility.
284	284	(c) The voter shall mark and seal the ballot in the same
285	285	manner as a voter voting under Chapter 86.
286	286	(d) Both election judges for the residential care facility
287	287	shall sign the carrier envelope as witnesses. In the space for the
288	288	address of the witness, each election judge shall write in
289	289	"Residential Care Facility Election Judge."
290	290	(e) The election judges shall accept the carrier envelope
291	291	and place the envelope in a secure bag or ballot container for
292	292	transport to the early voting clerk's office.
293	293	(f) Ballots voted at a residential care facility shall be
294	294	processed for counting in the manner provided by Chapter 86 for a
295	295	ballot voted by mail.
296	296	Sec. 107.009. VOTING BY ADDITIONAL QUALIFIED VOTERS. (a)
297	297	The early voting clerk shall produce a list of all additional
298	298	qualified voters who reside at a residential care facility where
299	299	voting is conducted under this chapter.
300	300	(b) The clerk shall supply the election judges for the
301	301	residential care facility with sufficient additional ballots and
302	302	voting materials to allow any additional qualified voter who
303	303	resides at the facility to vote under this chapter. During the
304	304	voting period, any registered voter who resides at the facility may
305	305	complete an application to request a mail ballot as if they were
306	306	voting by mail. An election judge for the facility shall serve as a
307	307	witness for any person who is unable to sign their name and may
308	308	witness multiple applications.
309	309	(c) An election judge for the residential care facility must
310	310	accept a properly completed application for a ballot made under
311	311	this section and shall provide a ballot to the voter. The election
312	312	judge shall make a notation on an application that it was made under
313	313	this section.
314	314	(d) A voter who applies for a ballot under this section
315	315	shall vote in the manner provided by Section 107.008, except that
316	316	the voter's ballot must be stored with the voter's application, and
317	317	the voter's ballot may not be counted if the voter was not a
318	318	qualified voter for the election as demonstrated from the
319	319	information contained in the voter's application.
320	320	Sec. 107.010. RETENTION OF RECORDS. (a) The election
321	321	judges for the residential care facility shall record the number of
322	322	ballots voted. Both of the election judges for each facility and
323	323	the early voting clerk shall sign and attest to the number of
324	324	ballots issued.
325	325	(b) On completion of voting under this chapter, the election
326	326	judges must record the number of:
327	327	(1) completed ballots;
328	328	(2) spoiled ballots; and
329	329	(3) unused returned ballots.
330	330	Sec. 107.011. ASSISTING VOTER; NOTICE. (a) On written
331	331	request to the early voting clerk by a relative of a registered
332	332	voter in a residential care facility, the clerk may notify the
333	333	relative of the time or times at which election judges will conduct
334	334	voting at the facility. The relative may be present at the facility
335	335	while voting is conducted.
336	336	(b) A voter may receive assistance in the same manner as
337	337	provided by Subchapter B, Chapter 64.
338	338	(c) An election judge shall seal a ballot if the voter
339	339	receives assistance from a person who is not an election judge.
340	340	Sec. 107.012. SECURITY OF BALLOTS AND MATERIALS. (a) On
341	341	completion of the voting each day on which voting is conducted at a
342	342	residential care facility under this chapter, the election judges
343	343	for the facility shall seal the ballot envelopes and any absentee
344	344	ballot applications inside a secure envelope and shall seal the
345	345	envelope and sign the seal. The election judges shall place the
346	346	envelope inside a ballot bag or container.
347	347	(b) As soon as possible after conducting voting at a
348	348	residential care facility, but not later than 18 hours after
349	349	leaving the facility, the election judges shall deliver the ballot
350	350	bag or container to the early voting clerk.
351	351	Sec. 107.013. PROVISION OF MAIL BALLOT TO CERTAIN VOTERS.
352	352	If a qualified voter residing at a residential care facility and
353	353	seeking to vote at the facility under this chapter is not able to
354	354	cast a ballot during any time when voting is conducted at the
355	355	facility, the election judges for the facility shall inform the
356	356	early voting clerk. The clerk shall mail the ballot to the voter
357	357	not later than the fourth day before election day.
358	358	Sec. 107.014. WATCHERS. (a) In an election held under this
359	359	chapter, a watcher may observe the process of ballot distribution
360	360	in the common areas of a residential care facility in a manner
361	361	consistent with Chapter 33.
362	362	(b) A political party entitled to have the names of its
363	363	nominees placed on the general election ballot may appoint a
364	364	watcher to accompany the election judges to a residential care
365	365	facility.
366	366	(c) A political party seeking to appoint a watcher to serve
367	367	at a residential care facility shall submit the name of the watcher
368	368	to the county election officer of the county in which the facility
369	369	is located not later than the close of business on the last business
370	370	day before the date the watcher seeks to observe the conduct of the
371	371	election under this chapter.
372	372	(d) A watcher must present the watcher's certificate of
373	373	appointment to an election judge for the residential care facility
374	374	on arrival at the facility.
375	375	Sec. 107.015. LIMITATIONS ON APPLICABILITY OF CHAPTER. (a)
376	376	The early voting clerk is not required to send election judges to
377	377	conduct an election at a residential care facility unless there are
378	378	at least five registered voters who are residents of the facility.
379	379	(b) This chapter does not prevent a registered voter from:
380	380	(1) voting early by personal appearance;
381	381	(2) voting on election day; or
382	382	(3) voting by mail from an address other than the
383	383	residential care facility, including from the address of a family
384	384	member designated under Section 84.002.
385	385	Sec. 107.016. RULES. The secretary of state may adopt rules
386	386	and prescribe procedures for voting at a residential care facility
387	387	in accordance with this chapter.
388	388	SECTION 14. Subchapter A, Chapter 242, Health and Safety
389	389	Code, is amended by adding Section 242.0181 to read as follows:
390	390	Sec. 242.0181. COMPLIANCE WITH CERTAIN REQUIREMENTS
391	391	REGARDING EARLY VOTING. An institution must comply with Chapter
392	392	107, Election Code.
393	393	SECTION 15. Subchapter A, Chapter 247, Health and Safety
394	394	Code, is amended by adding Section 247.008 to read as follows:
395	395	Sec. 247.008. COMPLIANCE WITH CERTAIN REQUIREMENTS
396	396	REGARDING EARLY VOTING. An assisted living facility must comply
397	397	with Chapter 107, Election Code.
398	398	SECTION 16. (a) Sections 242.0181 and 247.008, Health and
399	399	Safety Code, as added by this Act, apply only to a license issued or
400	400	renewed on or after the effective date of this Act. A license
401	401	issued or renewed before that date is governed by the law in effect
402	402	on the date the license was issued or renewed, and the former law is
403	403	continued in effect for that purpose.
404	404	(b) Sections 2.101 and 31.0926, Election Code, as added by
405	405	this Act, and Sections 13.144, 32.034, and 52.072, Election Code,
406	406	as amended by this Act, apply only to an election ordered on or
407	407	after the effective date of this Act. An election ordered before
408	408	the effective date of this Act is governed by the law as it existed
409	409	immediately before the effective date of this Act, and that law is
410	410	continued in effect for that purpose.
411	411	(c) Sections 13.007 and 64.036, Election Code, as amended by
412	412	this Act, apply only to an offense committed on or after the
413	413	effective date of this Act. An offense committed before the
414	414	effective date of this Act is governed by the law in effect on the
415	415	date the offense was committed, and the former law is continued in
416	416	effect for that purpose. For purposes of this section, an offense
417	417	was committed before the effective date of this Act if any element
418	418	of the offense occurred before that date.
419	419	SECTION 17. This Act takes effect September 1, 2019.