| 1 | 1 | | By: Klick H.B. No. 4539 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to elections. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 18.069, Election Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 18.069. VOTING HISTORY. (a) Not later than the 30th |
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| 11 | 11 | | day after the date of the primary, runoff primary, or general |
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| 12 | 12 | | election or any special election ordered by the governor, the |
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| 13 | 13 | | registrar shall electronically submit to the secretary of state the |
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| 14 | 14 | | record of each voter participating in the election. The record must |
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| 15 | 15 | | include a notation of whether the voter: |
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| 16 | 16 | | (1) voted on election day;[,] |
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| 17 | 17 | | (2) voted early by personal appearance;[,] |
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| 18 | 18 | | (3) voted early by mail under Chapter 86;[, or] |
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| 19 | 19 | | (4) voted early by mail under Chapter 101; or |
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| 20 | 20 | | (5) voted provisionally and the reason the voter cast |
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| 21 | 21 | | a provisional ballot. |
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| 22 | 22 | | (b) The secretary of state shall adopt rules to implement |
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| 23 | 23 | | this section. |
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| 24 | 24 | | SECTION 2. Section 33.035, Election Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF ELECTION |
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| 27 | 27 | | OFFENSE. A person is ineligible to serve as a watcher in an |
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| 28 | 28 | | election if the person has been finally convicted of: |
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| 29 | 29 | | (1) a felony; or |
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| 30 | 30 | | (2) an offense in connection with conduct directly |
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| 31 | 31 | | attributable to an election. |
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| 32 | 32 | | SECTION 3. Section 61.014(b), Election Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | (b) A person may not use any mechanical or electronic means |
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| 35 | 35 | | to record [of recording] images or sound within 100 feet of a voting |
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| 36 | 36 | | station except that a person occupying a voting station may use a |
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| 37 | 37 | | mechanical or electronic device to photograph the person's |
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| 38 | 38 | | completed ballot. |
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| 39 | 39 | | SECTION 4. Section 62.0111(b), Election Code, is amended to |
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| 40 | 40 | | read as follows: |
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| 41 | 41 | | (b) The secretary of state shall prescribe the wording of a |
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| 42 | 42 | | notice posted under this section, which may include a description |
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| 43 | 43 | | of the exception provided by Section 61.014(b). |
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| 44 | 44 | | SECTION 5. Section 85.072, Election Code, is amended by |
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| 45 | 45 | | adding Subsection (f) to read as follows: |
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| 46 | 46 | | (f) The early voting clerk shall provide a current copy of |
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| 47 | 47 | | the register for posting on the Internet website of the authority |
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| 48 | 48 | | ordering the election, if the authority maintains a website, each |
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| 49 | 49 | | day early voting is conducted. At a minimum, the voter registration |
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| 50 | 50 | | number for each voter listed in the register must be posted. |
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| 51 | 51 | | SECTION 6. Title 16, Election Code, is amended by adding |
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| 52 | 52 | | Chapter 279 to read as follows: |
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| 53 | 53 | | CHAPTER 279. CYBERSECURITY OF ELECTION SYSTEMS |
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| 54 | 54 | | Sec. 279.001. DEFINITION. In this chapter, "election data" |
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| 55 | 55 | | means voter registration information and other election-related |
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| 56 | 56 | | documents, systems, and technology. |
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| 57 | 57 | | Sec. 279.002. ELECTION CYBERSECURITY: SECRETARY OF |
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| 58 | 58 | | STATE. (a) The secretary of state shall adopt rules establishing |
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| 59 | 59 | | best practices for the electronic storage and security of election |
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| 60 | 60 | | data. |
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| 61 | 61 | | (b) The secretary of state shall offer training on best |
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| 62 | 62 | | practices: |
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| 63 | 63 | | (1) on an annual basis, to all appropriate personnel |
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| 64 | 64 | | in the secretary of state's office; and |
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| 65 | 65 | | (2) on request, to county election officers in this |
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| 66 | 66 | | state. |
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| 67 | 67 | | (c) If the secretary of state becomes aware of a breach of |
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| 68 | 68 | | cybersecurity that impacts election data, the secretary shall |
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| 69 | 69 | | immediately notify the members of the standing committees of each |
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| 70 | 70 | | house of the legislature with jurisdiction over elections. |
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| 71 | 71 | | Sec. 279.003. ELECTION CYBERSECURITY: VOTER REGISTRARS |
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| 72 | 72 | | AND COUNTY CLERKS. (a) A voter registrar or county clerk shall |
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| 73 | 73 | | request training on cybersecurity: |
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| 74 | 74 | | (1) from the secretary of state; and |
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| 75 | 75 | | (2) on an annual basis from another provider of |
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| 76 | 76 | | cybersecurity training, if the registrar or clerk has available |
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| 77 | 77 | | state funds for that purpose. |
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| 78 | 78 | | (b) If a voter registrar or county clerk becomes aware of a |
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| 79 | 79 | | breach of cybersecurity that impacts election data, the registrar |
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| 80 | 80 | | or clerk shall immediately notify the secretary of state. |
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| 81 | 81 | | (c) To the extent that state funds are available for the |
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| 82 | 82 | | purpose, a voter registrar or county clerk shall implement endpoint |
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| 83 | 83 | | security to ensure that all devices with access to election data |
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| 84 | 84 | | comply to the highest extent possible with rules adopted by the |
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| 85 | 85 | | secretary of state under Section 279.002. |
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| 86 | 86 | | SECTION 7. This Act takes effect September 1, 2019. |
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