86R5535 ADM-D
By: Hall S.B. No. 1410
A BILL TO BE ENTITLED
AN ACT
relating to election integrity; creating criminal offenses;
increasing criminal penalties; imposing a civil penalty; imposing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. EARLY VOTING AND POLLING PLACES
SECTION 1.01. Section 11.003, Election Code, is amended to
read as follows:
Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as
otherwise provided by this code, a person may vote only in the
election precinct in which the person resides.
(b) A person commits an offense if the person casts a vote in
violation of Subsection (a).
(c) An election officer commits an offense if the officer
knowingly permits a person to cast a vote in violation of Subsection
(a).
(d) An offense under Subsection (b) or (c) is a Class A
misdemeanor.
SECTION 1.02. Section 62.0115(b), Election Code, is amended
to read as follows:
(b) Except as revised by the secretary of state under
Subsection (d), the notice must state that a voter has the right to:
(1) vote a ballot and view written instructions on how
to cast a ballot;
(2) vote in secret and free from intimidation;
(3) receive up to two additional ballots if the voter
mismarks, damages, or otherwise spoils a ballot;
(4) request instructions on how to cast a ballot, but
not to receive suggestions on how to vote;
(5) bring an interpreter to translate the ballot and
any instructions from election officials;
(6) receive assistance in casting the ballot if the
voter:
(A) has a physical disability that renders the
voter unable to write or see; or
(B) cannot read the language in which the ballot
is written;
(7) cast a ballot on executing an affidavit as
provided by law, if the voter's eligibility to vote is questioned;
(8) report an existing or potential abuse of voting
rights to the secretary of state or the local election official; and
(9) [except as provided by Section 85.066(b), Election
Code, vote at any early voting location in the county in which the
voter resides in an election held at county expense, a primary
election, or a special election ordered by the governor; and
[(10)] file an administrative complaint with the
secretary of state concerning a violation of federal or state
voting procedures.
SECTION 1.03. Section 84.002, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) An application for a ballot under this section must
require the voter to affirmatively indicate the voter's ground of
eligibility for early voting.
(d) An application for a ballot under this section must
contain:
(1) a space for a person who assists the voter with the
application to indicate the person's name and address; and
(2) if the application was provided to the voter by a
political party, a political action committee, or a candidate, the
identity of the party, committee, or candidate, as appropriate.
SECTION 1.04. Section 84.003(b), Election Code, is amended
to read as follows:
(b) A person who acts as a witness for an applicant for an
early voting ballot application commits an offense if the person
knowingly fails to comply with Section 1.011. A person who [in the
presence of the applicant] otherwise assists an applicant in
completing an early voting ballot application commits an offense if
the person knowingly fails to comply with Section 1.011(d) in the
same manner as a witness.
SECTION 1.05. Sections 85.001(a) and (c), Election Code,
are amended to read as follows:
(a) The period for early voting by personal appearance
begins on the 10th [17th] day before election day and continues
through the [fourth] day before election day, except as otherwise
provided by this section.
(c) If the date prescribed by Subsection (a) [or (b)] for
beginning the period is a Saturday, Sunday, or legal state holiday,
the early voting period begins on the next regular business day,
except as otherwise provided by Section 85.006.
SECTION 1.06. Section 85.004, Election Code, is amended to
read as follows:
Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE
LOCATION. The election order and the election notice must state
the location of the main early voting polling place. The election
notice must state that a voter is only permitted to vote at the main
early voting polling place if it is located within the voter's
election precinct.
SECTION 1.07. Section 85.005(d), Election Code, is amended
to read as follows:
(d) In an election ordered by a city, early voting by
personal appearance at the main early voting polling place shall be
conducted for at least 12 hours[:
[(1)] on one weekday[, if the early voting period
consists of less than six weekdays; or
[(2) on two weekdays, if the early voting period
consists of six or more weekdays].
SECTION 1.08. Sections 85.006(a), (d), and (e), Election
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), the authority
ordering an election may order early voting by personal appearance
at the main early voting polling place to be conducted on a Saturday
or Sunday [one or more Saturdays or Sundays] during the early voting
period.
(d) The authority authorized to order early voting on a
Saturday or Sunday under Subsection (a) or (b) shall order the
voting under the applicable subsection on receipt of a written
request submitted by at least 15 registered voters of the territory
covered by the election. The request must be submitted in time to
enable compliance with Section 85.007. The authority [is not
required to order the voting on a particular date specified by the
request but] shall order the voting on [at least one] Saturday if
[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
is requested.
(e) In a primary election or the general election for state
and county officers in a county with a population of 100,000 or
more, the early voting clerk shall order personal appearance voting
at the main early voting polling place to be conducted for at least
12 hours on [the last] Saturday and for at least five hours on [the
last] Sunday during [of] the early voting period. The early voting
clerk shall order voting to be conducted at those times in those
elections in a county with a population under 100,000 on receipt of
a written request for those hours submitted by at least 15
registered voters of the county. The request must be submitted in
time to enable compliance with Section 85.007. This subsection
supersedes any provision of this subchapter to the extent of any
conflict.
SECTION 1.09. Section 85.010(b), Election Code, is amended
to read as follows:
(b) A political subdivision that holds an election
described by Subsection (a) shall designate as an early voting
polling place for the election any early voting polling place[,
other than a polling place established under Section 85.062(e),]
established by the county and located in the political subdivision.
SECTION 1.10. Section 85.033, Election Code, is amended to
read as follows:
Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close of
early voting each day, the early voting clerk shall secure each
voting machine used for early voting in the manner prescribed by the
secretary of state so that its unauthorized operation is prevented.
The clerk shall unsecure the machine before the beginning of early
voting the following day.
(b) A voting machine used for early voting may not be
removed from the polling place until the polls close on election
day.
(c) A person commits an offense if the person violates
Subsection (b).
(d) An offense under this section is a state jail felony.
SECTION 1.11. Section 85.061(b), Election Code, is amended
to read as follows:
(b) In an election in which a temporary branch polling place
is established under Section 85.062(a)(1) [or (d)], the
commissioners court may provide by resolution, order, or other
official action that any one or more of the county clerk's regularly
maintained branch clerical offices are not to be branch early
voting polling places in the election.
SECTION 1.12. Sections 85.062(a) and (b), Election Code,
are amended to read as follows:
(a) One [Except as provided by Subsection (d) or (e), one]
or more early voting polling places other than the main early voting
polling place shall [may] be established in each election precinct
in the territory covered by the election by:
(1) the commissioners court, for an election in which
the county clerk is the early voting clerk; or
(2) the governing body of the political subdivision
served by the authority ordering the election, for an election in
which a person other than the county clerk is the early voting
clerk.
(b) A polling place established under this section may be
located[, subject to Subsection (d),] at any place in the territory
served by the early voting clerk and may be located in any
stationary structure as directed by the authority establishing the
branch office. The polling place may be located in a movable
structure, but the structure may not change locations during the
early voting period [in the general election for state and county
officers, general primary election, or runoff primary election].
Ropes or other suitable objects may be used at the polling place to
ensure compliance with Section 62.004. Persons who are not
expressly permitted by law to be in a polling place shall be
excluded from the polling place to the extent practicable.
SECTION 1.13. Section 85.063, Election Code, is amended to
read as follows:
Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
TEMPORARY BRANCH. Early voting by personal appearance at each
permanent or temporary branch polling place shall be conducted on
the same days and during the same hours as voting is conducted at
the main early voting polling place.
SECTION 1.14. Section 85.068(a), Election Code, is amended
to read as follows:
(a) The early voting clerk shall post notice for each
election stating any dates and the hours that voting on Saturday or
Sunday will be conducted at a temporary branch polling place [under
Section 85.064(d) or 85.065(b)], if the early voting clerk is a
county clerk or city secretary under Section 83.002 or 83.005.
SECTION 1.15. Section 86.0051(d), Election Code, is amended
to read as follows:
(d) An offense under this section is a [Class A misdemeanor,
unless it is shown on the trial of an offense under this section
that the person committed an offense under Section 64.036 for
providing unlawful assistance to the same voter in connection with
the same ballot, in which event the offense is a] state jail felony.
SECTION 1.16. Section 87.027(i), Election Code, is amended
to read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any
known signature [two or more signatures] of the voter [made within
the preceding six years and] on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 1.17. Sections 87.041(b), (c), (e), and (g),
Election Code, are amended to read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the person determining whether to accept the
ballot has confirmed that the voter did not cast a ballot in person
for the election.
(c) If a ballot is accepted, the member of the board who
accepted the ballot shall initial the carrier envelope, and the
board shall enter the voter's name on the poll list unless the form
of the list makes it impracticable to do so. The names of the voters
casting ballots by mail shall be listed separately on the poll list
from those casting ballots by personal appearance.
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any known signature
[two or more signatures] of the voter [made within the preceding six
years and] on file with the county clerk or voter registrar to
determine whether the signatures are those of the voter.
(g) A person commits an offense if the person intentionally
accepts a ballot for voting or causes a ballot to be accepted for
voting that the person knows does not meet the requirements of
Subsection (b). An offense under this subsection is a state jail
felony [Class A misdemeanor].
SECTION 1.18. Section 87.042(b), Election Code, is amended
to read as follows:
(b) The [Except as provided by Subsection (c), the] board
shall place the ballot envelope containing an accepted ballot in a
separate container from the ballot box containing the early voting
ballots voted by personal appearance.
SECTION 1.19. Section 87.0241, Election Code, is amended to
read as follows:
Sec. 87.0241. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL
[PROCESSING BALLOTS] BEFORE IN-PERSON BALLOTS COUNTED: OFFENSE
[POLLS OPEN]. (a) The early voting ballot board may not determine
whether to accept early voting ballots voted by mail in accordance
with Section 87.041 until after all ballots cast in person for the
election have been counted [at any time after the ballots are
delivered to the board].
(b) A member of an early voting ballot board commits an
offense if the person accepts an early voting ballot voted by mail
in violation of Subsection (a) [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, the end of the period for early voting by
personal appearance].
(c) An offense under this section is a state jail felony
[The secretary of state shall prescribe any procedures necessary
for implementing this section in regard to elections described by
Subsection (b)(2)].
SECTION 1.20. Sections 87.062(a) and (c), Election Code,
are amended to read as follows:
(a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the containers [container] for the early voting ballots that
are to be counted by the board, remove the contents from each [the]
container, and remove any ballots enclosed in ballot envelopes from
their envelopes.
(c) Ballots voted by mail shall be tabulated separately from
the ballots voted by personal appearance and shall be separately
reported on the returns [The results of all early voting ballots
counted by the board under this subchapter shall be included in the
same return].
SECTION 1.21. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The early voting electronic system ballots counted at a central
counting station, the ballots cast at precinct polling places, and
the ballots voted by mail shall be tabulated separately [from the
ballots cast at precinct polling places] and shall be separately
reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
ARTICLE 2. ELECTION DAY AND TABULATION OF RESULTS
SECTION 2.01. Section 52.075, Election Code, is amended to
read as follows:
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
SYSTEMS. The secretary of state may prescribe the form and content
of a ballot for an election using a voting system, including an
electronic voting system [or a voting system that uses direct
recording electronic voting machines], to conform to the formatting
requirements of the system.
SECTION 2.02. Section 61.002, Election Code, is amended to
read as follows:
Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before
opening the polls for voting, the presiding election judge shall
confirm that each voting machine has any public counter reset to
zero and shall print the tape that shows the counter was set to
zero.
(b) Each election judge present shall sign a tape printed
under Subsection (a). Any watcher present may sign a tape printed
under Subsection (a).
(c) A presiding election judge commits an offense if the
judge fails to comply with Subsection (a). An offense under this
section is a state jail felony.
(d) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
SECTION 2.03. Section 63.001, Election Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) If the list of registered voters for the precinct
required under Subsection (c) is electronic, a paper copy must be
kept at the polling place and must be used to accept voters if the
electronic copy malfunctions.
SECTION 2.04. Section 64.036, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) A person commits an offense if the person knowingly:
(1) provides assistance to a voter who is not eligible
for assistance;
(2) while assisting a voter prepares the voter's
ballot in a way other than the way the voter directs or without
direction from the voter;
(3) while assisting a voter suggests by word, sign, or
gesture how the voter should vote; or
(4) provides assistance, or offers to provide
assistance, to a voter who has not requested assistance, indicated
that the person is eligible for assistance, or selected the person
to assist the voter.
(d) Except as provided by Subsection (e), an [An] offense
under this section is a Class A misdemeanor.
(e) An offense under Subsection (a)(2) is a state jail
felony, except that the offense is a felony of the third degree if:
(1) the voter assisted was 65 years of age or older at
the time of the offense;
(2) the actor assisted more than one voter in
violation of that subsection; or
(3) the actor has previously been convicted of an
offense under this code.
SECTION 2.05. Section 65.014, Election Code, is amended by
amending Subsection (c) and adding Subsections (c-1) and (c-2) to
read as follows:
(c) The returns shall be prepared as an original and four
[three] copies, and on completing the returns, the presiding judge
shall sign each one to certify its accuracy. Any watcher present at
the polling place must be allowed to inspect and sign each copy of
the returns, and may request an additional copy to be printed for
the watcher's records. The requirements of this subsection must be
completed before any voting system equipment is removed from the
polling place.
(c-1) The presiding judge shall publicly post at the polling
place one of the copies printed under Subsection (c) before the
presiding judge leaves the premises.
(c-2) A presiding judge commits an offense if the judge
fails to comply with Subsection (c) or (c-1). An offense under this
subsection is a state jail felony.
SECTION 2.06. Subchapter A, Chapter 65, Election Code, is
amended by adding Section 65.016 to read as follows:
Sec. 65.016. DELIBERATELY NOT COUNTING VALID VOTE: OFFENSE.
(a) Any person who knowingly causes a legally cast vote not to be
counted in the manner voted by the voter commits an offense.
(b) An offense under this section is a felony of the third
degree.
SECTION 2.07. Section 122.001, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) Effective September 1, 2023, a voting system may not
be used in an election if the voting system does not use a paper
record or produce a paper receipt that can be used to verify the
tabulation of electronic voting system results.
SECTION 2.08. Subchapter A, Chapter 122, Election Code, is
amended by adding Section 122.0031 to read as follows:
Sec. 122.0031. UNIFORM PROCEDURES FOR CERTAIN VOTING
SYSTEMS. (a) This section applies to an election in which a voting
system described by Section 122.001(d-1) is used.
(b) Not later than the 90th day before an election to which
this section applies, the secretary of state shall adopt uniform
procedures for the numbering of ballots in the election and the
accountability of ballots.
SECTION 2.09. Subchapter A, Chapter 123, Election Code, is
amended by adding Section 123.010 to read as follows:
Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
PROHIBITED. Except as necessary to comply with Section 61.012, an
authority may not adopt a voting system that uses direct recording
electronic voting machines.
SECTION 2.10. Section 127.007, Election Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) The plan required under this section must specify that
no document may be removed from the central counting room until
after the count is completed.
(e) A central counting station manager commits an offense if
the manager knowingly permits a person to remove a document from the
central counting room in violation of Subsection (d).
(f) An offense under Subsection (e) is a state jail felony.
SECTION 2.11. Subchapter A, Chapter 127, Election Code, is
amended by adding Sections 127.008, 127.009, and 127.010 to read as
follows:
Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING
STATION. (a) A counting station manager and the presiding judge of
the counting station shall develop a protocol under which no
electronic device capable of being connected to the Internet is
permitted inside a central counting station other than the
equipment necessary to count votes.
(b) Any equipment necessary to count votes may not be
connected to the Internet or any other computer network while
inside the central counting station.
(c) Notwithstanding Subsection (a), a person performing
requested repairs or maintenance of equipment at a central counting
station in accordance with this title may, as necessary, enter the
central counting station with an electronic device capable of being
connected to the Internet. After performing the requested repairs
or maintenance, the person shall, not later than the third business
day after the date the person entered the counting station, file an
exception report with the secretary of state in a form adopted by
the secretary for that purpose.
(d) An exception report filed under Subsection (c) must
detail the purpose for the action, the time spent by the person in
the central counting station, and any other information requested
by the secretary of state.
(e) A counting station manager or presiding judge of a
counting station commits an offense if the manager or judge
knowingly permits an electronic device to enter the central
counting station in violation of this section.
(f) A person required to file an exception report with the
secretary of state under Subsection (c) commits an offense if the
person fails to file the report in accordance with that subsection.
(g) An offense under Subsection (e) or (f) is a state jail
felony.
Sec. 127.009. SETUP OF CENTRAL COUNTING STATION IN ELECTION
USING HYBRID VOTING SYSTEMS. (a) This section applies to a central
counting station that counts votes in an election using a voting
system that produces both an electronic system ballot and a paper
record or receipt.
(b) A counting station manager shall ensure that the
electronic system ballots and paper records or receipts are to be
counted in separate rooms at the central counting station.
(c) A counting station manager commits an offense if the
manager knowingly permits a violation of Subsection (b).
(d) An offense under Subsection (c) is a state jail felony.
Sec. 127.010. WATCHERS IN CENTRAL COUNTING STATION. (a) A
watcher must be permitted to directly observe any official activity
taking place in a central counting station.
(b) A counting station manager or presiding judge of a
central counting station commits an offense if the manager or judge
prevents a watcher from directly observing any activity the watcher
is permitted to observe under this section.
(c) An offense under Subsection (b) is a state jail felony.
SECTION 2.12. Subchapter C, Chapter 127, Election Code, is
amended by adding Section 127.062 to read as follows:
Sec. 127.062. SEALED BALLOT BOXES FOR HYBRID VOTING SYSTEM.
(a) This section applies to an election where a voting system is
used that produces both an electronic system ballot and a paper
record or receipt.
(b) All provisions of this subchapter that apply to an
electronic system ballot also apply to the paper record or receipt
generated by a voting system.
SECTION 2.13. Section 127.066, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) Accommodations shall be made by the presiding judge to
allow a representative from each of the two political parties
receiving the greatest number of votes in the most recent
gubernatorial election to accompany the election officers under
Subsection (c).
SECTION 2.14. Section 127.201, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (h), (i),
and (j) to read as follows:
(a) To ensure the accuracy of the tabulation of electronic
voting system results, the general custodian of election records
shall conduct a manual count of all the races in at least one
percent of the election precincts or in the five largest precincts
plus three precincts, whichever is greater, in which the electronic
voting system was used. The custodian shall publicly select the
final three precincts at random and shall begin the count not later
than 72 hours after the polls close. The count shall be completed
not later than the 21st day after election day. Subsection (b)
supersedes this subsection to the extent of a conflict.
(b) In a general election for state and county officers,
primary election, or election on a proposed amendment to the state
constitution or other statewide measure submitted by the
legislature, the secretary of state shall publicly select, in
accordance with rules adopted by the secretary, the precincts to be
counted under Subsection (a). The secretary shall designate not
more than three offices and not more than three propositions to be
counted in the selected precincts. The secretary shall notify the
general custodian of election records of the precincts, offices,
and propositions selected under this subsection not earlier than
the day after election day.
(h) A general custodian of election records commits an
offense if the custodian fails to complete a manual count as
required under Subsection (a) or (b).
(i) An offense under this section is a state jail felony.
(j) It is an affirmative defense to an offense under this
section that the custodian failed to timely complete a manual count
required under Subsection (b) because the secretary of state failed
to notify the custodian of the precincts, offices, and propositions
selected under that subsection by the specified time.
SECTION 2.15. Section 128.001, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall compile the procedures
adopted under this section for voting and for reconciliation of
votes cast using computerized voting systems into a list. The list
of procedures must apply uniformly across the state.
SECTION 2.16. Section 212.022, Election Code, is amended to
read as follows:
Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON
OFFICE. (a) Except as provided by Section 212.0241, a candidate for
nomination or election to an office may obtain an initial recount in
an election in which the person was a candidate if:
(1) the difference in the number of votes received by
the candidate and any candidate for the office who is shown by the
election returns to be nominated, elected, or entitled to a place on
a runoff ballot or tied for nomination, election, or entitlement to
a place on a runoff ballot is less than 10 percent of that
candidate's number of votes;
(2) the candidate is shown by the election returns to
be entitled to a place on a runoff ballot or tied for nomination,
election, or entitlement to a place on a runoff ballot;
(3) the secretary of state certifies that counting
errors affecting the election occurred in one or more election
precincts in which paper ballots were used, as provided by Section
212.034; or
(4) the total number of votes received by all
candidates for the office is less than 1,000 as shown by the
election returns.
(b) The following persons may also obtain an initial recount
in an election on an office:
(1) a political party whose nominee sought the office;
(2) a political committee; or
(3) any 30 or more persons, acting jointly, who were
eligible to vote in the election.
SECTION 2.17. Section 212.023(b), Election Code, is amended
to read as follows:
(b) The following persons may obtain an initial recount in a
presidential general election:
(1) a presidential candidate whose name appeared on
the ballot in this state or who had qualified as a write-in
candidate in this state;
(2) one or more presidential elector candidates
corresponding to a presidential candidate described by Subdivision
(1), acting jointly; [or]
(3) a presidential candidate described by Subdivision
(1) and one or more corresponding elector candidates, acting
jointly;
(4) any political party whose nominee appeared on the
ballot in this state; or
(5) any 30 or more persons, acting jointly, who were
eligible to vote in the election.
SECTION 2.18. Section 212.0231, Election Code, is amended
to read as follows:
Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL
PRIMARY ELECTION. Except as provided by Section 212.0241, in a
presidential primary election, a candidate in the election, a party
holding a primary election in this state, or any 25 or more persons
who were eligible to vote in the election acting jointly on behalf
of an uncommitted delegation, may obtain an initial recount in the
election if:
(1) the difference in the number of votes received by
the candidate or uncommitted status and any candidate or
uncommitted status shown by the election returns to be entitled to
delegate representation at the political party's national
presidential nominating convention is less than 10 percent of the
number of votes received by the latter candidate or the uncommitted
status; or
(2) the secretary of state certifies that counting
errors affecting the election occurred in one or more election
precincts in which paper ballots were used, as provided by Section
212.034.
SECTION 2.19. Section 212.024(b), Election Code, is amended
to read as follows:
(b) The following persons may obtain an initial recount in
an election on a measure:
(1) the campaign treasurer of a specific-purpose
political committee that was involved in the election; [or]
(2) any 25 or more persons, acting jointly, who were
eligible to vote in the election; or
(3) any political party with a state executive
committee.
SECTION 2.20. Section 216.001, Election Code, is amended to
read as follows:
Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
applies only to:
(1) an election that results in a tie vote as provided
by Sections 2.002(i), 2.023(b) and (c), and 2.028; or
(2) a precinct described by Section 216.006.
SECTION 2.21. Chapter 216, Election Code, is amended by
adding Section 216.006 to read as follows:
Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This
section applies to a precinct that has completed a vote count under
Chapter 65 in which the total number of ballots counted differs by
at least 0.5 percent from the number of people who signed the
precinct's signature roster under Section 63.002.
(b) The presiding judge of a precinct described by
Subsection (a) shall conduct a recount under this chapter.
(c) A person commits an offense if the person canvasses a
precinct's returns prior to the completion of a recount required by
this section. An offense under this subsection is a Class A
misdemeanor.
ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION
SECTION 3.01. Chapter 1, Election Code, is amended by
adding Section 1.021 to read as follows:
Sec. 1.021. INFORMATION SHARING FOR PROSECUTION OF OFFENSE
UNDER THIS CODE. Upon request from an attorney prosecuting an
offense under this code, the secretary of state or Department of
Public Safety, as applicable, shall provide the prosecuting
attorney with information relevant to the investigation.
SECTION 3.02. Sections 13.002(a) and (c), Election Code,
are amended to read as follows:
(a) A person desiring to register to vote must submit an
application to the registrar of the county in which the person
resides. Except as provided by Subsection (e), an application must
be submitted by personal delivery, by mail, or by telephonic
facsimile machine in accordance with Section 13.143(d-2) [Sections
13.143(d) and (d-2)].
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the
Department of Public Safety, or a statement by the applicant that
the applicant has not been issued a number described by this
paragraph; and
(B) [if the applicant has not been issued a
number described by Paragraph (A), the last four digits of] the
applicant's social security number,[;] or
[(C)] a statement by the applicant that the
applicant has not been issued a number described by this paragraph
[Paragraph (A) or (B)];
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
SECTION 3.03. Section 13.046(f), Election Code, is amended
to read as follows:
(f) Except as provided by this subsection, Sections
13.039[, 13.041,] and 13.042 apply to the submission and delivery
of registration applications under this section, and for that
purpose, "volunteer deputy registrar" in those sections includes a
high school deputy registrar. A high school deputy registrar may
review an application for completeness out of the applicant's
presence. A deputy may deliver a group of applications to the
registrar by mail in an envelope or package, and, for the purpose of
determining compliance with the delivery deadline, an application
delivered by mail is considered to be delivered at the time of its
receipt by the registrar.
SECTION 3.04. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
shall review each submitted application for registration to
determine whether it complies with Section 13.002 and indicates
that the applicant is a United States citizen eligible for
registration.
(b) If the application is submitted to the Department of
Public Safety in person with the proof of citizenship required by
Section 20.063(e), the [The] registrar shall make the determination
not later than the seventh day after the date the application is
submitted to the registrar.
(c) If the application is submitted in a manner other than
the manner described by Subsection (b), the registrar shall forward
the information relating to the applicant to the secretary of state
for determining citizenship as provided by Section 13.0721.
SECTION 3.05. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0721 to read as follows:
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
section does not apply to an application for registration submitted
to the Department of Public Safety in person with the proof of
citizenship required by Section 20.063(e).
(b) The secretary of state shall verify with the Department
of Public Safety the citizenship status of each applicant for voter
registration whose information is forwarded to the secretary of
state as provided by Section 13.071(c). If the department verifies
the applicant's citizenship status, the secretary of state shall
notify the registrar. If the department does not have information
regarding the citizenship status of the applicant or has
information indicating that the applicant is not a citizen, the
registrar and the applicant shall be notified as provided by
secretary of state rule.
(c) An applicant for voter registration who receives notice
under Subsection (b) must provide proof of citizenship to the
registrar not later than the 60th day after the date of receipt.
Except as provided by Subsection (d), this proof must be presented
in person. The following is acceptable as proof of citizenship
under this section:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity, presented with
a government-issued identification that contains the person's
photograph; or
(3) United States citizenship papers issued to the
person, presented with a government-issued identification that
contains the person's photograph.
(d) An applicant may mail a certified copy of a document
described by Subsection (c)(2) or (3) with a copy of the person's
government-issued photo identification to the registrar.
(e) If an applicant does not provide proof of citizenship as
required, the registrar shall reject the application and notify the
secretary of state. The secretary of state shall keep a list of
applicants for which the secretary receives notice under this
section.
(f) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 3.06. Section 13.143(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
SECTION 3.07. Section 16.031(a), Election Code, is amended
to read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; [or]
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number; or
(8) a list under Section 18.068 of this code or Section
62.113, Government Code, of persons excused or disqualified from
jury service because of citizenship status that includes the voter,
or notice from any governmental agency that the voter has
acknowledged that the voter is not a citizen of the United States.
SECTION 3.08. Section 16.036(a), Election Code, is amended
to read as follows:
(a) Immediately after, but not later than the 30th day after
the date a voter's registration is canceled under Section
16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the
registrar shall deliver written notice of the cancellation to the
voter.
SECTION 3.09. Section 18.062(a), Election Code, is amended
to read as follows:
Sec. 18.062. INTERSTATE VOTER REGISTRATION CROSSCHECK
PROGRAM. (a) To maintain the statewide voter registration list
and to prevent duplication of registration in more than one state or
jurisdiction, the secretary of state shall cooperate with other
states and jurisdictions to develop systems to compare, on at least
a monthly basis, voters, voter history, and voter registration
lists to identify voters whose addresses have changed.
SECTION 3.10. Section 18.065, Election Code, is amended by
adding Subsections (e), (f), and (g) to read as follows:
(e) If a registrar fails to correct a violation within 30
days of a notice under Subsection (b), the secretary of state shall
correct the violation on behalf of the registrar.
(f) A registrar is liable to this state for a civil penalty
of $50 for each violation corrected by the secretary of state under
Subsection (e). The attorney general may bring an action to recover
a civil penalty imposed under this section.
(g) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
SECTION 3.11. Section 18.068, Election Code, is amended to
read as follows:
Sec. 18.068. COMPARISON OF INFORMATION REGARDING
INELIGIBILITY. (a) The secretary of state shall quarterly compare
the information received under Section 16.001 of this code and
Section 62.113, Government Code, to the statewide computerized
voter registration list.
(a-1) The secretary of state shall enter into an agreement
with the Department of Public Safety under which information in the
statewide computerized voter registration list is compared against
information in the database of the Department of Public Safety on a
monthly basis to verify the accuracy of information provided on
voter registration applications. The Department of Public Safety
shall use any available information under the federal REAL ID
program to assist the secretary under this subsection. The
information compared must include, at a minimum, a voter's:
(1) full legal name;
(2) former name, if applicable;
(3) date of birth;
(4) residence address;
(5) driver's license or state identification card
number;
(6) signature;
(7) social security number;
(8) documentation of lawful presence in this state;
and
(9) citizenship status.
(a-2) If the secretary of state determines from information
received under Subsection (a) or (a-1) that a voter on the
registration list may be ineligible to vote [is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen], the secretary shall send notice of the determination to:
(1) the voter registrar of the counties considered
appropriate by the secretary; and
(2) if appropriate, the attorney general.
(b) The secretary of state shall by rule determine what
information combinations identified as common to a voter and to an
individual who is deceased or ineligible to vote constitute a weak
match or a strong match in order to:
(1) produce the least possible impact on Texas voters;
and
(2) fulfill its responsibility to manage the voter
rolls.
(c) The secretary of state may not determine that a voter is
deceased or ineligible to vote based on a weak match. The
secretary of state may inform the county of the voter's residence
that a weak match exists.
(d) On receiving notification from the secretary of state
under Subsection (c) that a weak match of identifying information
exists for a county voter and an individual who is deceased or
ineligible to vote, the county shall investigate whether the voter
is that [the] individual [who is deceased].
(e) The secretary of state may determine that a voter is
deceased or ineligible to vote based on a strong match.
(f) The secretary of state may obtain, for purposes of
determining whether a voter is deceased or ineligible to vote,
information from other state agency databases relating to a voter
that is the same type of information that the secretary of state or
a voter registrar collects or stores for voter registration
purposes.
SECTION 3.12. Section 19.001(a), Election Code, is amended
to read as follows:
(a) Before May 15 of each year, the registrar shall prepare
and submit to the secretary of state a statement containing:
(1) the total number of initial registrations for the
previous voting year;
(2) the total number of registrations canceled under
Sections 16.031(a)(1) and (8) and Section [,] 16.033[, and 16.0332]
for the previous voting year; and
(3) the total number of registrations for which
information was updated for the previous voting year.
SECTION 3.13. Section 20.063, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A person who submits a voter registration application to
the department in person shall at the time of submission present as
proof of citizenship:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity; or
(3) United States citizenship papers issued to the
person.
SECTION 3.14. Section 273.001, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The county or district attorney having jurisdiction
or the attorney general may investigate on receipt of an affidavit
alleging a violation of one of the following provisions of this
code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
SECTION 3.15. Sections 62.113(b) and (c), Government Code,
are amended to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the county official responsible for administering
elections;
(3) the secretary of state; and
(4) [(3)] the county or district attorney, as
applicable, for an investigation of whether the person committed an
offense under Section 13.007 or 64.012, Election Code, or other
law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
16.031(a)(8) [16.0332] or 18.068, Election Code.
SECTION 3.16. The changes in law made by this article apply
only to an application to register to vote submitted on or after the
effective date of this Act.
ARTICLE 4. PUBLIC INFORMATION
SECTION 4.01. Section 1.012, Election Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Subject to Subsections [Subsection] (b) and (b-1), an
election record that is public information shall be made available
to the public for free inspection and copying during the regular
business hours of the record's custodian.
(b-1) The custodian may adopt a reasonable fee for a person
to copy an application for an early voting ballot by mail or a
carrier envelope.
SECTION 4.02. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. (a) The [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 a primary, runoff primary,
general election, or any special election ordered by the governor
not later than the day the voter votes in person or the early voting
clerk receives a ballot voted by mail [the election].
(b) The record must include a notation of whether the voter
voted on election day, voted early by personal appearance, voted
early by mail under Chapter 86, or voted early by mail under Chapter
101.
SECTION 4.03. Section 68.005, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The final report may include:
(1) the information described by Section 68.004(b);
(2) vote totals by county and precinct for all races
being tabulated; and
(3) vote totals for federal offices and statewide
offices of the state government in a minimum of eight regions
designated by the secretary on the basis of the geographic scope of
the electronic media markets.
(b-1) All data in the final report must be disaggregated by,
at a minimum, the following methods:
(1) method of voting;
(2) ballot style, including paper, electronic, and
hybrid style ballots; and
(3) whether the ballot was undervoted or overvoted, if
applicable.
SECTION 4.04. Section 87.121, Election Code, is amended by
adding Subsection (i) to read as follows:
(i) The secretary of state shall make any early voting
roster created under this section available to the public on the
secretary's Internet website.
SECTION 4.05. Subchapter B, Chapter 123, Election Code, is
amended by adding Section 123.037 to read as follows:
Sec. 123.037. PUBLIC INFORMATION. Any correspondence
between a political subdivision of this state and a vendor or
manufacturer of voting systems or voting system equipment is public
information.
ARTICLE 5. REPEALER, TRANSITION, AND EFFECTIVE DATE
Section 5.01. The following provisions of the Election Code
are repealed:
(1) Section 13.041;
(2) Sections 13.143(d) and (e);
(3) Section 16.0332;
(4) Section 32.002(c-1);
(5) Section 43.004(c);
(6) Section 43.007;
(7) Section 66.058(g);
(8) Sections 85.001(b) and (e);
(9) Section 85.003;
(10) Sections 85.062(d) and (e);
(11) Section 85.064;
(12) Section 85.065;
(13) Section 85.066;
(14) Section 87.042(c);
(15) Sections 127.201(f) and (g);
(16) Chapter 129; and
(17) Section 213.016.
SECTION 5.02. Section 33.05, Penal Code, is repealed.
SECTION 5.03. The changes in law made by this Act in
repealing or amending the punishments for existing criminal
offenses apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 5.04. This Act takes effect September 1, 2019.