By: Klick H.B. No. 4539
A BILL TO BE ENTITLED
AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. (a) Not later than the 30th
day after the date of the primary, runoff primary, or general
election or any special election ordered by the governor, the
registrar shall electronically submit to the secretary of state the
record of each voter participating in the election. The record must
include a notation of whether the voter:
(1) voted on election day;[,]
(2) voted early by personal appearance;[,]
(3) voted early by mail under Chapter 86;[, or]
(4) voted early by mail under Chapter 101; or
(5) voted provisionally and the reason the voter cast
a provisional ballot.
(b) The secretary of state shall adopt rules to implement
this section.
SECTION 2. Section 33.035, Election Code, is amended to
read as follows:
Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
OFFENSE. A person is ineligible to serve as a watcher in an
election if the person has been finally convicted of:
(1) a felony; or
(2) an offense in connection with conduct directly
attributable to an election.
SECTION 3. Section 61.014(b), Election Code, is amended to
read as follows:
(b) A person may not use any mechanical or electronic means
to record [of recording] images or sound within 100 feet of a voting
station except that a person occupying a voting station may use a
mechanical or electronic device to photograph the person's
completed ballot.
SECTION 4. Section 62.0111(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall prescribe the wording of a
notice posted under this section, which may include a description
of the exception provided by Section 61.014(b).
SECTION 5. Section 85.072, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The early voting clerk shall provide a current copy of
the register for posting on the Internet website of the authority
ordering the election, if the authority maintains a website, each
day early voting is conducted. At a minimum, the voter registration
number for each voter listed in the register must be posted.
SECTION 6. Title 16, Election Code, is amended by adding
Chapter 279 to read as follows:
CHAPTER 279. CYBERSECURITY OF ELECTION SYSTEMS
Sec. 279.001. DEFINITION. In this chapter, "election data"
means voter registration information and other election-related
documents, systems, and technology.
Sec. 279.002. ELECTION CYBERSECURITY: SECRETARY OF
STATE. (a) The secretary of state shall adopt rules establishing
best practices for the electronic storage and security of election
data.
(b) The secretary of state shall offer training on best
practices:
(1) on an annual basis, to all appropriate personnel
in the secretary of state's office; and
(2) on request, to county election officers in this
state.
(c) If the secretary of state becomes aware of a breach of
cybersecurity that impacts election data, the secretary shall
immediately notify the members of the standing committees of each
house of the legislature with jurisdiction over elections.
Sec. 279.003. ELECTION CYBERSECURITY: VOTER REGISTRARS
AND COUNTY CLERKS. (a) A voter registrar or county clerk shall
request training on cybersecurity:
(1) from the secretary of state; and
(2) on an annual basis from another provider of
cybersecurity training, if the registrar or clerk has available
state funds for that purpose.
(b) If a voter registrar or county clerk becomes aware of a
breach of cybersecurity that impacts election data, the registrar
or clerk shall immediately notify the secretary of state.
(c) To the extent that state funds are available for the
purpose, a voter registrar or county clerk shall implement endpoint
security to ensure that all devices with access to election data
comply to the highest extent possible with rules adopted by the
secretary of state under Section 279.002.
SECTION 7. This Act takes effect September 1, 2019.