Texas 2019 - 86th Regular

Texas Senate Bill SB1410 Compare Versions

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

Old	New	Differences
1	1	86R5535 ADM-D
2	2	By: Hall S.B. No. 1410
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election integrity; creating criminal offenses;
8	8	increasing criminal penalties; imposing a civil penalty; imposing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. EARLY VOTING AND POLLING PLACES
12	12	SECTION 1.01. Section 11.003, Election Code, is amended to
13	13	read as follows:
14	14	Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as
15	15	otherwise provided by this code, a person may vote only in the
16	16	election precinct in which the person resides.
17	17	(b) A person commits an offense if the person casts a vote in
18	18	violation of Subsection (a).
19	19	(c) An election officer commits an offense if the officer
20	20	knowingly permits a person to cast a vote in violation of Subsection
21	21	(a).
22	22	(d) An offense under Subsection (b) or (c) is a Class A
23	23	misdemeanor.
24	24	SECTION 1.02. Section 62.0115(b), Election Code, is amended
25	25	to read as follows:
26	26	(b) Except as revised by the secretary of state under
27	27	Subsection (d), the notice must state that a voter has the right to:
28	28	(1) vote a ballot and view written instructions on how
29	29	to cast a ballot;
30	30	(2) vote in secret and free from intimidation;
31	31	(3) receive up to two additional ballots if the voter
32	32	mismarks, damages, or otherwise spoils a ballot;
33	33	(4) request instructions on how to cast a ballot, but
34	34	not to receive suggestions on how to vote;
35	35	(5) bring an interpreter to translate the ballot and
36	36	any instructions from election officials;
37	37	(6) receive assistance in casting the ballot if the
38	38	voter:
39	39	(A) has a physical disability that renders the
40	40	voter unable to write or see; or
41	41	(B) cannot read the language in which the ballot
42	42	is written;
43	43	(7) cast a ballot on executing an affidavit as
44	44	provided by law, if the voter's eligibility to vote is questioned;
45	45	(8) report an existing or potential abuse of voting
46	46	rights to the secretary of state or the local election official; and
47	47	(9) [except as provided by Section 85.066(b), Election
48	48	Code, vote at any early voting location in the county in which the
49	49	voter resides in an election held at county expense, a primary
50	50	election, or a special election ordered by the governor; and
51	51	[(10)] file an administrative complaint with the
52	52	secretary of state concerning a violation of federal or state
53	53	voting procedures.
54	54	SECTION 1.03. Section 84.002, Election Code, is amended by
55	55	adding Subsections (c) and (d) to read as follows:
56	56	(c) An application for a ballot under this section must
57	57	require the voter to affirmatively indicate the voter's ground of
58	58	eligibility for early voting.
59	59	(d) An application for a ballot under this section must
60	60	contain:
61	61	(1) a space for a person who assists the voter with the
62	62	application to indicate the person's name and address; and
63	63	(2) if the application was provided to the voter by a
64	64	political party, a political action committee, or a candidate, the
65	65	identity of the party, committee, or candidate, as appropriate.
66	66	SECTION 1.04. Section 84.003(b), Election Code, is amended
67	67	to read as follows:
68	68	(b) A person who acts as a witness for an applicant for an
69	69	early voting ballot application commits an offense if the person
70	70	knowingly fails to comply with Section 1.011. A person who [in the
71	71	presence of the applicant] otherwise assists an applicant in
72	72	completing an early voting ballot application commits an offense if
73	73	the person knowingly fails to comply with Section 1.011(d) in the
74	74	same manner as a witness.
75	75	SECTION 1.05. Sections 85.001(a) and (c), Election Code,
76	76	are amended to read as follows:
77	77	(a) The period for early voting by personal appearance
78	78	begins on the 10th [17th] day before election day and continues
79	79	through the [fourth] day before election day, except as otherwise
80	80	provided by this section.
81	81	(c) If the date prescribed by Subsection (a) [or (b)] for
82	82	beginning the period is a Saturday, Sunday, or legal state holiday,
83	83	the early voting period begins on the next regular business day,
84	84	except as otherwise provided by Section 85.006.
85	85	SECTION 1.06. Section 85.004, Election Code, is amended to
86	86	read as follows:
87	87	Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE
88	88	LOCATION. The election order and the election notice must state
89	89	the location of the main early voting polling place. The election
90	90	notice must state that a voter is only permitted to vote at the main
91	91	early voting polling place if it is located within the voter's
92	92	election precinct.
93	93	SECTION 1.07. Section 85.005(d), Election Code, is amended
94	94	to read as follows:
95	95	(d) In an election ordered by a city, early voting by
96	96	personal appearance at the main early voting polling place shall be
97	97	conducted for at least 12 hours[:
98	98	[(1)] on one weekday[, if the early voting period
99	99	consists of less than six weekdays; or
100	100	[(2) on two weekdays, if the early voting period
101	101	consists of six or more weekdays].
102	102	SECTION 1.08. Sections 85.006(a), (d), and (e), Election
103	103	Code, are amended to read as follows:
104	104	(a) Except as provided by Subsection (b), the authority
105	105	ordering an election may order early voting by personal appearance
106	106	at the main early voting polling place to be conducted on a Saturday
107	107	or Sunday [one or more Saturdays or Sundays] during the early voting
108	108	period.
109	109	(d) The authority authorized to order early voting on a
110	110	Saturday or Sunday under Subsection (a) or (b) shall order the
111	111	voting under the applicable subsection on receipt of a written
112	112	request submitted by at least 15 registered voters of the territory
113	113	covered by the election. The request must be submitted in time to
114	114	enable compliance with Section 85.007. The authority [is not
115	115	required to order the voting on a particular date specified by the
116	116	request but] shall order the voting on [at least one] Saturday if
117	117	[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
118	118	is requested.
119	119	(e) In a primary election or the general election for state
120	120	and county officers in a county with a population of 100,000 or
121	121	more, the early voting clerk shall order personal appearance voting
122	122	at the main early voting polling place to be conducted for at least
123	123	12 hours on [the last] Saturday and for at least five hours on [the
124	124	last] Sunday during [of] the early voting period. The early voting
125	125	clerk shall order voting to be conducted at those times in those
126	126	elections in a county with a population under 100,000 on receipt of
127	127	a written request for those hours submitted by at least 15
128	128	registered voters of the county. The request must be submitted in
129	129	time to enable compliance with Section 85.007. This subsection
130	130	supersedes any provision of this subchapter to the extent of any
131	131	conflict.
132	132	SECTION 1.09. Section 85.010(b), Election Code, is amended
133	133	to read as follows:
134	134	(b) A political subdivision that holds an election
135	135	described by Subsection (a) shall designate as an early voting
136	136	polling place for the election any early voting polling place[,
137	137	other than a polling place established under Section 85.062(e),]
138	138	established by the county and located in the political subdivision.
139	139	SECTION 1.10. Section 85.033, Election Code, is amended to
140	140	read as follows:
141	141	Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close of
142	142	early voting each day, the early voting clerk shall secure each
143	143	voting machine used for early voting in the manner prescribed by the
144	144	secretary of state so that its unauthorized operation is prevented.
145	145	The clerk shall unsecure the machine before the beginning of early
146	146	voting the following day.
147	147	(b) A voting machine used for early voting may not be
148	148	removed from the polling place until the polls close on election
149	149	day.
150	150	(c) A person commits an offense if the person violates
151	151	Subsection (b).
152	152	(d) An offense under this section is a state jail felony.
153	153	SECTION 1.11. Section 85.061(b), Election Code, is amended
154	154	to read as follows:
155	155	(b) In an election in which a temporary branch polling place
156	156	is established under Section 85.062(a)(1) [or (d)], the
157	157	commissioners court may provide by resolution, order, or other
158	158	official action that any one or more of the county clerk's regularly
159	159	maintained branch clerical offices are not to be branch early
160	160	voting polling places in the election.
161	161	SECTION 1.12. Sections 85.062(a) and (b), Election Code,
162	162	are amended to read as follows:
163	163	(a) One [Except as provided by Subsection (d) or (e), one]
164	164	or more early voting polling places other than the main early voting
165	165	polling place shall [may] be established in each election precinct
166	166	in the territory covered by the election by:
167	167	(1) the commissioners court, for an election in which
168	168	the county clerk is the early voting clerk; or
169	169	(2) the governing body of the political subdivision
170	170	served by the authority ordering the election, for an election in
171	171	which a person other than the county clerk is the early voting
172	172	clerk.
173	173	(b) A polling place established under this section may be
174	174	located[, subject to Subsection (d),] at any place in the territory
175	175	served by the early voting clerk and may be located in any
176	176	stationary structure as directed by the authority establishing the
177	177	branch office. The polling place may be located in a movable
178	178	structure, but the structure may not change locations during the
179	179	early voting period [in the general election for state and county
180	180	officers, general primary election, or runoff primary election].
181	181	Ropes or other suitable objects may be used at the polling place to
182	182	ensure compliance with Section 62.004. Persons who are not
183	183	expressly permitted by law to be in a polling place shall be
184	184	excluded from the polling place to the extent practicable.
185	185	SECTION 1.13. Section 85.063, Election Code, is amended to
186	186	read as follows:
187	187	Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
188	188	TEMPORARY BRANCH. Early voting by personal appearance at each
189	189	permanent or temporary branch polling place shall be conducted on
190	190	the same days and during the same hours as voting is conducted at
191	191	the main early voting polling place.
192	192	SECTION 1.14. Section 85.068(a), Election Code, is amended
193	193	to read as follows:
194	194	(a) The early voting clerk shall post notice for each
195	195	election stating any dates and the hours that voting on Saturday or
196	196	Sunday will be conducted at a temporary branch polling place [under
197	197	Section 85.064(d) or 85.065(b)], if the early voting clerk is a
198	198	county clerk or city secretary under Section 83.002 or 83.005.
199	199	SECTION 1.15. Section 86.0051(d), Election Code, is amended
200	200	to read as follows:
201	201	(d) An offense under this section is a [Class A misdemeanor,
202	202	unless it is shown on the trial of an offense under this section
203	203	that the person committed an offense under Section 64.036 for
204	204	providing unlawful assistance to the same voter in connection with
205	205	the same ballot, in which event the offense is a] state jail felony.
206	206	SECTION 1.16. Section 87.027(i), Election Code, is amended
207	207	to read as follows:
208	208	(i) The signature verification committee shall compare the
209	209	signature on each carrier envelope certificate, except those signed
210	210	for a voter by a witness, with the signature on the voter's ballot
211	211	application to determine whether the signatures are those of the
212	212	voter. The committee may also compare the signatures with any
213	213	known signature [two or more signatures] of the voter [made within
214	214	the preceding six years and] on file with the county clerk or voter
215	215	registrar to determine whether the signatures are those of the
216	216	voter. Except as provided by Subsection (l), a determination under
217	217	this subsection that the signatures are not those of the voter must
218	218	be made by a majority vote of the committee's membership. The
219	219	committee shall place the jacket envelopes, carrier envelopes, and
220	220	applications of voters whose signatures are not those of the voter
221	221	in separate containers from those of voters whose signatures are
222	222	those of the voter. The committee chair shall deliver the sorted
223	223	materials to the early voting ballot board at the time specified by
224	224	the board's presiding judge.
225	225	SECTION 1.17. Sections 87.041(b), (c), (e), and (g),
226	226	Election Code, are amended to read as follows:
227	227	(b) A ballot may be accepted only if:
228	228	(1) the carrier envelope certificate is properly
229	229	executed;
230	230	(2) neither the voter's signature on the ballot
231	231	application nor the signature on the carrier envelope certificate
232	232	is determined to have been executed by a person other than the
233	233	voter, unless signed by a witness;
234	234	(3) the voter's ballot application states a legal
235	235	ground for early voting by mail;
236	236	(4) the voter is registered to vote, if registration
237	237	is required by law;
238	238	(5) the address to which the ballot was mailed to the
239	239	voter, as indicated by the application, was outside the voter's
240	240	county of residence, if the ground for early voting is absence from
241	241	the county of residence;
242	242	(6) for a voter to whom a statement of residence form
243	243	was required to be sent under Section 86.002(a), the statement of
244	244	residence is returned in the carrier envelope and indicates that
245	245	the voter satisfies the residence requirements prescribed by
246	246	Section 63.0011; [and]
247	247	(7) the address to which the ballot was mailed to the
248	248	voter is an address that is otherwise required by Sections 84.002
249	249	and 86.003; and
250	250	(8) the person determining whether to accept the
251	251	ballot has confirmed that the voter did not cast a ballot in person
252	252	for the election.
253	253	(c) If a ballot is accepted, the member of the board who
254	254	accepted the ballot shall initial the carrier envelope, and the
255	255	board shall enter the voter's name on the poll list unless the form
256	256	of the list makes it impracticable to do so. The names of the voters
257	257	casting ballots by mail shall be listed separately on the poll list
258	258	from those casting ballots by personal appearance.
259	259	(e) In making the determination under Subsection (b)(2),
260	260	the board may also compare the signatures with any known signature
261	261	[two or more signatures] of the voter [made within the preceding six
262	262	years and] on file with the county clerk or voter registrar to
263	263	determine whether the signatures are those of the voter.
264	264	(g) A person commits an offense if the person intentionally
265	265	accepts a ballot for voting or causes a ballot to be accepted for
266	266	voting that the person knows does not meet the requirements of
267	267	Subsection (b). An offense under this subsection is a state jail
268	268	felony [Class A misdemeanor].
269	269	SECTION 1.18. Section 87.042(b), Election Code, is amended
270	270	to read as follows:
271	271	(b) The [Except as provided by Subsection (c), the] board
272	272	shall place the ballot envelope containing an accepted ballot in a
273	273	separate container from the ballot box containing the early voting
274	274	ballots voted by personal appearance.
275	275	SECTION 1.19. Section 87.0241, Election Code, is amended to
276	276	read as follows:
277	277	Sec. 87.0241. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL
278	278	[PROCESSING BALLOTS] BEFORE IN-PERSON BALLOTS COUNTED: OFFENSE
279	279	[POLLS OPEN]. (a) The early voting ballot board may not determine
280	280	whether to accept early voting ballots voted by mail in accordance
281	281	with Section 87.041 until after all ballots cast in person for the
282	282	election have been counted [at any time after the ballots are
283	283	delivered to the board].
284	284	(b) A member of an early voting ballot board commits an
285	285	offense if the person accepts an early voting ballot voted by mail
286	286	in violation of Subsection (a) [The board may not count early voting
287	287	ballots until:
288	288	[(1) the polls open on election day; or
289	289	[(2) in an election conducted by an authority of a
290	290	county with a population of 100,000 or more or conducted jointly
291	291	with such a county, the end of the period for early voting by
292	292	personal appearance].
293	293	(c) An offense under this section is a state jail felony
294	294	[The secretary of state shall prescribe any procedures necessary
295	295	for implementing this section in regard to elections described by
296	296	Subsection (b)(2)].
297	297	SECTION 1.20. Sections 87.062(a) and (c), Election Code,
298	298	are amended to read as follows:
299	299	(a) On the direction of the presiding judge, the early
300	300	voting ballot board, in accordance with Section 85.032(b), shall
301	301	open the containers [container] for the early voting ballots that
302	302	are to be counted by the board, remove the contents from each [the]
303	303	container, and remove any ballots enclosed in ballot envelopes from
304	304	their envelopes.
305	305	(c) Ballots voted by mail shall be tabulated separately from
306	306	the ballots voted by personal appearance and shall be separately
307	307	reported on the returns [The results of all early voting ballots
308	308	counted by the board under this subchapter shall be included in the
309	309	same return].
310	310	SECTION 1.21. Section 87.103, Election Code, is amended to
311	311	read as follows:
312	312	Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
313	313	The early voting electronic system ballots counted at a central
314	314	counting station, the ballots cast at precinct polling places, and
315	315	the ballots voted by mail shall be tabulated separately [from the
316	316	ballots cast at precinct polling places] and shall be separately
317	317	reported on the returns.
318	318	(b) The early voting returns prepared at the central
319	319	counting station must include any early voting results obtained by
320	320	the early voting ballot board under Subchapter [Subchapters] D [and
321	321	E].
322	322	ARTICLE 2. ELECTION DAY AND TABULATION OF RESULTS
323	323	SECTION 2.01. Section 52.075, Election Code, is amended to
324	324	read as follows:
325	325	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
326	326	SYSTEMS. The secretary of state may prescribe the form and content
327	327	of a ballot for an election using a voting system, including an
328	328	electronic voting system [or a voting system that uses direct
329	329	recording electronic voting machines], to conform to the formatting
330	330	requirements of the system.
331	331	SECTION 2.02. Section 61.002, Election Code, is amended to
332	332	read as follows:
333	333	Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before
334	334	opening the polls for voting, the presiding election judge shall
335	335	confirm that each voting machine has any public counter reset to
336	336	zero and shall print the tape that shows the counter was set to
337	337	zero.
338	338	(b) Each election judge present shall sign a tape printed
339	339	under Subsection (a). Any watcher present may sign a tape printed
340	340	under Subsection (a).
341	341	(c) A presiding election judge commits an offense if the
342	342	judge fails to comply with Subsection (a). An offense under this
343	343	section is a state jail felony.
344	344	(d) At the official time for opening the polls for voting,
345	345	an election officer shall open the polling place entrance and admit
346	346	the voters.
347	347	SECTION 2.03. Section 63.001, Election Code, is amended by
348	348	adding Subsection (c-2) to read as follows:
349	349	(c-2) If the list of registered voters for the precinct
350	350	required under Subsection (c) is electronic, a paper copy must be
351	351	kept at the polling place and must be used to accept voters if the
352	352	electronic copy malfunctions.
353	353	SECTION 2.04. Section 64.036, Election Code, is amended by
354	354	amending Subsections (a) and (d) and adding Subsection (e) to read
355	355	as follows:
356	356	(a) A person commits an offense if the person knowingly:
357	357	(1) provides assistance to a voter who is not eligible
358	358	for assistance;
359	359	(2) while assisting a voter prepares the voter's
360	360	ballot in a way other than the way the voter directs or without
361	361	direction from the voter;
362	362	(3) while assisting a voter suggests by word, sign, or
363	363	gesture how the voter should vote; or
364	364	(4) provides assistance, or offers to provide
365	365	assistance, to a voter who has not requested assistance, indicated
366	366	that the person is eligible for assistance, or selected the person
367	367	to assist the voter.
368	368	(d) Except as provided by Subsection (e), an [An] offense
369	369	under this section is a Class A misdemeanor.
370	370	(e) An offense under Subsection (a)(2) is a state jail
371	371	felony, except that the offense is a felony of the third degree if:
372	372	(1) the voter assisted was 65 years of age or older at
373	373	the time of the offense;
374	374	(2) the actor assisted more than one voter in
375	375	violation of that subsection; or
376	376	(3) the actor has previously been convicted of an
377	377	offense under this code.
378	378	SECTION 2.05. Section 65.014, Election Code, is amended by
379	379	amending Subsection (c) and adding Subsections (c-1) and (c-2) to
380	380	read as follows:
381	381	(c) The returns shall be prepared as an original and four
382	382	[three] copies, and on completing the returns, the presiding judge
383	383	shall sign each one to certify its accuracy. Any watcher present at
384	384	the polling place must be allowed to inspect and sign each copy of
385	385	the returns, and may request an additional copy to be printed for
386	386	the watcher's records. The requirements of this subsection must be
387	387	completed before any voting system equipment is removed from the
388	388	polling place.
389	389	(c-1) The presiding judge shall publicly post at the polling
390	390	place one of the copies printed under Subsection (c) before the
391	391	presiding judge leaves the premises.
392	392	(c-2) A presiding judge commits an offense if the judge
393	393	fails to comply with Subsection (c) or (c-1). An offense under this
394	394	subsection is a state jail felony.
395	395	SECTION 2.06. Subchapter A, Chapter 65, Election Code, is
396	396	amended by adding Section 65.016 to read as follows:
397	397	Sec. 65.016. DELIBERATELY NOT COUNTING VALID VOTE: OFFENSE.
398	398	(a) Any person who knowingly causes a legally cast vote not to be
399	399	counted in the manner voted by the voter commits an offense.
400	400	(b) An offense under this section is a felony of the third
401	401	degree.
402	402	SECTION 2.07. Section 122.001, Election Code, is amended by
403	403	adding Subsection (d-1) to read as follows:
404	404	(d-1) Effective September 1, 2023, a voting system may not
405	405	be used in an election if the voting system does not use a paper
406	406	record or produce a paper receipt that can be used to verify the
407	407	tabulation of electronic voting system results.
408	408	SECTION 2.08. Subchapter A, Chapter 122, Election Code, is
409	409	amended by adding Section 122.0031 to read as follows:
410	410	Sec. 122.0031. UNIFORM PROCEDURES FOR CERTAIN VOTING
411	411	SYSTEMS. (a) This section applies to an election in which a voting
412	412	system described by Section 122.001(d-1) is used.
413	413	(b) Not later than the 90th day before an election to which
414	414	this section applies, the secretary of state shall adopt uniform
415	415	procedures for the numbering of ballots in the election and the
416	416	accountability of ballots.
417	417	SECTION 2.09. Subchapter A, Chapter 123, Election Code, is
418	418	amended by adding Section 123.010 to read as follows:
419	419	Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
420	420	PROHIBITED. Except as necessary to comply with Section 61.012, an
421	421	authority may not adopt a voting system that uses direct recording
422	422	electronic voting machines.
423	423	SECTION 2.10. Section 127.007, Election Code, is amended by
424	424	adding Subsections (d), (e), and (f) to read as follows:
425	425	(d) The plan required under this section must specify that
426	426	no document may be removed from the central counting room until
427	427	after the count is completed.
428	428	(e) A central counting station manager commits an offense if
429	429	the manager knowingly permits a person to remove a document from the
430	430	central counting room in violation of Subsection (d).
431	431	(f) An offense under Subsection (e) is a state jail felony.
432	432	SECTION 2.11. Subchapter A, Chapter 127, Election Code, is
433	433	amended by adding Sections 127.008, 127.009, and 127.010 to read as
434	434	follows:
435	435	Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING
436	436	STATION. (a) A counting station manager and the presiding judge of
437	437	the counting station shall develop a protocol under which no
438	438	electronic device capable of being connected to the Internet is
439	439	permitted inside a central counting station other than the
440	440	equipment necessary to count votes.
441	441	(b) Any equipment necessary to count votes may not be
442	442	connected to the Internet or any other computer network while
443	443	inside the central counting station.
444	444	(c) Notwithstanding Subsection (a), a person performing
445	445	requested repairs or maintenance of equipment at a central counting
446	446	station in accordance with this title may, as necessary, enter the
447	447	central counting station with an electronic device capable of being
448	448	connected to the Internet. After performing the requested repairs
449	449	or maintenance, the person shall, not later than the third business
450	450	day after the date the person entered the counting station, file an
451	451	exception report with the secretary of state in a form adopted by
452	452	the secretary for that purpose.
453	453	(d) An exception report filed under Subsection (c) must
454	454	detail the purpose for the action, the time spent by the person in
455	455	the central counting station, and any other information requested
456	456	by the secretary of state.
457	457	(e) A counting station manager or presiding judge of a
458	458	counting station commits an offense if the manager or judge
459	459	knowingly permits an electronic device to enter the central
460	460	counting station in violation of this section.
461	461	(f) A person required to file an exception report with the
462	462	secretary of state under Subsection (c) commits an offense if the
463	463	person fails to file the report in accordance with that subsection.
464	464	(g) An offense under Subsection (e) or (f) is a state jail
465	465	felony.
466	466	Sec. 127.009. SETUP OF CENTRAL COUNTING STATION IN ELECTION
467	467	USING HYBRID VOTING SYSTEMS. (a) This section applies to a central
468	468	counting station that counts votes in an election using a voting
469	469	system that produces both an electronic system ballot and a paper
470	470	record or receipt.
471	471	(b) A counting station manager shall ensure that the
472	472	electronic system ballots and paper records or receipts are to be
473	473	counted in separate rooms at the central counting station.
474	474	(c) A counting station manager commits an offense if the
475	475	manager knowingly permits a violation of Subsection (b).
476	476	(d) An offense under Subsection (c) is a state jail felony.
477	477	Sec. 127.010. WATCHERS IN CENTRAL COUNTING STATION. (a) A
478	478	watcher must be permitted to directly observe any official activity
479	479	taking place in a central counting station.
480	480	(b) A counting station manager or presiding judge of a
481	481	central counting station commits an offense if the manager or judge
482	482	prevents a watcher from directly observing any activity the watcher
483	483	is permitted to observe under this section.
484	484	(c) An offense under Subsection (b) is a state jail felony.
485	485	SECTION 2.12. Subchapter C, Chapter 127, Election Code, is
486	486	amended by adding Section 127.062 to read as follows:
487	487	Sec. 127.062. SEALED BALLOT BOXES FOR HYBRID VOTING SYSTEM.
488	488	(a) This section applies to an election where a voting system is
489	489	used that produces both an electronic system ballot and a paper
490	490	record or receipt.
491	491	(b) All provisions of this subchapter that apply to an
492	492	electronic system ballot also apply to the paper record or receipt
493	493	generated by a voting system.
494	494	SECTION 2.13. Section 127.066, Election Code, is amended by
495	495	adding Subsection (d) to read as follows:
496	496	(d) Accommodations shall be made by the presiding judge to
497	497	allow a representative from each of the two political parties
498	498	receiving the greatest number of votes in the most recent
499	499	gubernatorial election to accompany the election officers under
500	500	Subsection (c).
501	501	SECTION 2.14. Section 127.201, Election Code, is amended by
502	502	amending Subsections (a) and (b) and adding Subsections (h), (i),
503	503	and (j) to read as follows:
504	504	(a) To ensure the accuracy of the tabulation of electronic
505	505	voting system results, the general custodian of election records
506	506	shall conduct a manual count of all the races in at least one
507	507	percent of the election precincts or in the five largest precincts
508	508	plus three precincts, whichever is greater, in which the electronic
509	509	voting system was used. The custodian shall publicly select the
510	510	final three precincts at random and shall begin the count not later
511	511	than 72 hours after the polls close. The count shall be completed
512	512	not later than the 21st day after election day. Subsection (b)
513	513	supersedes this subsection to the extent of a conflict.
514	514	(b) In a general election for state and county officers,
515	515	primary election, or election on a proposed amendment to the state
516	516	constitution or other statewide measure submitted by the
517	517	legislature, the secretary of state shall publicly select, in
518	518	accordance with rules adopted by the secretary, the precincts to be
519	519	counted under Subsection (a). The secretary shall designate not
520	520	more than three offices and not more than three propositions to be
521	521	counted in the selected precincts. The secretary shall notify the
522	522	general custodian of election records of the precincts, offices,
523	523	and propositions selected under this subsection not earlier than
524	524	the day after election day.
525	525	(h) A general custodian of election records commits an
526	526	offense if the custodian fails to complete a manual count as
527	527	required under Subsection (a) or (b).
528	528	(i) An offense under this section is a state jail felony.
529	529	(j) It is an affirmative defense to an offense under this
530	530	section that the custodian failed to timely complete a manual count
531	531	required under Subsection (b) because the secretary of state failed
532	532	to notify the custodian of the precincts, offices, and propositions
533	533	selected under that subsection by the specified time.
534	534	SECTION 2.15. Section 128.001, Election Code, is amended by
535	535	adding Subsection (d) to read as follows:
536	536	(d) The secretary of state shall compile the procedures
537	537	adopted under this section for voting and for reconciliation of
538	538	votes cast using computerized voting systems into a list. The list
539	539	of procedures must apply uniformly across the state.
540	540	SECTION 2.16. Section 212.022, Election Code, is amended to
541	541	read as follows:
542	542	Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON
543	543	OFFICE. (a) Except as provided by Section 212.0241, a candidate for
544	544	nomination or election to an office may obtain an initial recount in
545	545	an election in which the person was a candidate if:
546	546	(1) the difference in the number of votes received by
547	547	the candidate and any candidate for the office who is shown by the
548	548	election returns to be nominated, elected, or entitled to a place on
549	549	a runoff ballot or tied for nomination, election, or entitlement to
550	550	a place on a runoff ballot is less than 10 percent of that
551	551	candidate's number of votes;
552	552	(2) the candidate is shown by the election returns to
553	553	be entitled to a place on a runoff ballot or tied for nomination,
554	554	election, or entitlement to a place on a runoff ballot;
555	555	(3) the secretary of state certifies that counting
556	556	errors affecting the election occurred in one or more election
557	557	precincts in which paper ballots were used, as provided by Section
558	558	212.034; or
559	559	(4) the total number of votes received by all
560	560	candidates for the office is less than 1,000 as shown by the
561	561	election returns.
562	562	(b) The following persons may also obtain an initial recount
563	563	in an election on an office:
564	564	(1) a political party whose nominee sought the office;
565	565	(2) a political committee; or
566	566	(3) any 30 or more persons, acting jointly, who were
567	567	eligible to vote in the election.
568	568	SECTION 2.17. Section 212.023(b), Election Code, is amended
569	569	to read as follows:
570	570	(b) The following persons may obtain an initial recount in a
571	571	presidential general election:
572	572	(1) a presidential candidate whose name appeared on
573	573	the ballot in this state or who had qualified as a write-in
574	574	candidate in this state;
575	575	(2) one or more presidential elector candidates
576	576	corresponding to a presidential candidate described by Subdivision
577	577	(1), acting jointly; [or]
578	578	(3) a presidential candidate described by Subdivision
579	579	(1) and one or more corresponding elector candidates, acting
580	580	jointly;
581	581	(4) any political party whose nominee appeared on the
582	582	ballot in this state; or
583	583	(5) any 30 or more persons, acting jointly, who were
584	584	eligible to vote in the election.
585	585	SECTION 2.18. Section 212.0231, Election Code, is amended
586	586	to read as follows:
587	587	Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL
588	588	PRIMARY ELECTION. Except as provided by Section 212.0241, in a
589	589	presidential primary election, a candidate in the election, a party
590	590	holding a primary election in this state, or any 25 or more persons
591	591	who were eligible to vote in the election acting jointly on behalf
592	592	of an uncommitted delegation, may obtain an initial recount in the
593	593	election if:
594	594	(1) the difference in the number of votes received by
595	595	the candidate or uncommitted status and any candidate or
596	596	uncommitted status shown by the election returns to be entitled to
597	597	delegate representation at the political party's national
598	598	presidential nominating convention is less than 10 percent of the
599	599	number of votes received by the latter candidate or the uncommitted
600	600	status; or
601	601	(2) the secretary of state certifies that counting
602	602	errors affecting the election occurred in one or more election
603	603	precincts in which paper ballots were used, as provided by Section
604	604	212.034.
605	605	SECTION 2.19. Section 212.024(b), Election Code, is amended
606	606	to read as follows:
607	607	(b) The following persons may obtain an initial recount in
608	608	an election on a measure:
609	609	(1) the campaign treasurer of a specific-purpose
610	610	political committee that was involved in the election; [or]
611	611	(2) any 25 or more persons, acting jointly, who were
612	612	eligible to vote in the election; or
613	613	(3) any political party with a state executive
614	614	committee.
615	615	SECTION 2.20. Section 216.001, Election Code, is amended to
616	616	read as follows:
617	617	Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
618	618	applies only to:
619	619	(1) an election that results in a tie vote as provided
620	620	by Sections 2.002(i), 2.023(b) and (c), and 2.028; or
621	621	(2) a precinct described by Section 216.006.
622	622	SECTION 2.21. Chapter 216, Election Code, is amended by
623	623	adding Section 216.006 to read as follows:
624	624	Sec. 216.006. AUTOMATIC RECOUNT: DISCREPANCY. (a) This
625	625	section applies to a precinct that has completed a vote count under
626	626	Chapter 65 in which the total number of ballots counted differs by
627	627	at least 0.5 percent from the number of people who signed the
628	628	precinct's signature roster under Section 63.002.
629	629	(b) The presiding judge of a precinct described by
630	630	Subsection (a) shall conduct a recount under this chapter.
631	631	(c) A person commits an offense if the person canvasses a
632	632	precinct's returns prior to the completion of a recount required by
633	633	this section. An offense under this subsection is a Class A
634	634	misdemeanor.
635	635	ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION
636	636	SECTION 3.01. Chapter 1, Election Code, is amended by
637	637	adding Section 1.021 to read as follows:
638	638	Sec. 1.021. INFORMATION SHARING FOR PROSECUTION OF OFFENSE
639	639	UNDER THIS CODE. Upon request from an attorney prosecuting an
640	640	offense under this code, the secretary of state or Department of
641	641	Public Safety, as applicable, shall provide the prosecuting
642	642	attorney with information relevant to the investigation.
643	643	SECTION 3.02. Sections 13.002(a) and (c), Election Code,
644	644	are amended to read as follows:
645	645	(a) A person desiring to register to vote must submit an
646	646	application to the registrar of the county in which the person
647	647	resides. Except as provided by Subsection (e), an application must
648	648	be submitted by personal delivery, by mail, or by telephonic
649	649	facsimile machine in accordance with Section 13.143(d-2) [Sections
650	650	13.143(d) and (d-2)].
651	651	(c) A registration application must include:
652	652	(1) the applicant's first name, middle name, if any,
653	653	last name, and former name, if any;
654	654	(2) the month, day, and year of the applicant's birth;
655	655	(3) a statement that the applicant is a United States
656	656	citizen;
657	657	(4) a statement that the applicant is a resident of the
658	658	county;
659	659	(5) a statement that the applicant has not been
660	660	determined by a final judgment of a court exercising probate
661	661	jurisdiction to be:
662	662	(A) totally mentally incapacitated; or
663	663	(B) partially mentally incapacitated without the
664	664	right to vote;
665	665	(6) a statement that the applicant has not been
666	666	finally convicted of a felony or that the applicant is a felon
667	667	eligible for registration under Section 13.001;
668	668	(7) the applicant's residence address or, if the
669	669	residence has no address, the address at which the applicant
670	670	receives mail and a concise description of the location of the
671	671	applicant's residence;
672	672	(8) the following information:
673	673	(A) the applicant's Texas driver's license number
674	674	or the number of a personal identification card issued by the
675	675	Department of Public Safety, or a statement by the applicant that
676	676	the applicant has not been issued a number described by this
677	677	paragraph; and
678	678	(B) [if the applicant has not been issued a
679	679	number described by Paragraph (A), the last four digits of] the
680	680	applicant's social security number,[;] or
681	681	[(C)] a statement by the applicant that the
682	682	applicant has not been issued a number described by this paragraph
683	683	[Paragraph (A) or (B)];
684	684	(9) if the application is made by an agent, a statement
685	685	of the agent's relationship to the applicant; and
686	686	(10) the city and county in which the applicant
687	687	formerly resided.
688	688	SECTION 3.03. Section 13.046(f), Election Code, is amended
689	689	to read as follows:
690	690	(f) Except as provided by this subsection, Sections
691	691	13.039[, 13.041,] and 13.042 apply to the submission and delivery
692	692	of registration applications under this section, and for that
693	693	purpose, "volunteer deputy registrar" in those sections includes a
694	694	high school deputy registrar. A high school deputy registrar may
695	695	review an application for completeness out of the applicant's
696	696	presence. A deputy may deliver a group of applications to the
697	697	registrar by mail in an envelope or package, and, for the purpose of
698	698	determining compliance with the delivery deadline, an application
699	699	delivered by mail is considered to be delivered at the time of its
700	700	receipt by the registrar.
701	701	SECTION 3.04. Section 13.071, Election Code, is amended to
702	702	read as follows:
703	703	Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
704	704	shall review each submitted application for registration to
705	705	determine whether it complies with Section 13.002 and indicates
706	706	that the applicant is a United States citizen eligible for
707	707	registration.
708	708	(b) If the application is submitted to the Department of
709	709	Public Safety in person with the proof of citizenship required by
710	710	Section 20.063(e), the [The] registrar shall make the determination
711	711	not later than the seventh day after the date the application is
712	712	submitted to the registrar.
713	713	(c) If the application is submitted in a manner other than
714	714	the manner described by Subsection (b), the registrar shall forward
715	715	the information relating to the applicant to the secretary of state
716	716	for determining citizenship as provided by Section 13.0721.
717	717	SECTION 3.05. Subchapter C, Chapter 13, Election Code, is
718	718	amended by adding Section 13.0721 to read as follows:
719	719	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
720	720	section does not apply to an application for registration submitted
721	721	to the Department of Public Safety in person with the proof of
722	722	citizenship required by Section 20.063(e).
723	723	(b) The secretary of state shall verify with the Department
724	724	of Public Safety the citizenship status of each applicant for voter
725	725	registration whose information is forwarded to the secretary of
726	726	state as provided by Section 13.071(c). If the department verifies
727	727	the applicant's citizenship status, the secretary of state shall
728	728	notify the registrar. If the department does not have information
729	729	regarding the citizenship status of the applicant or has
730	730	information indicating that the applicant is not a citizen, the
731	731	registrar and the applicant shall be notified as provided by
732	732	secretary of state rule.
733	733	(c) An applicant for voter registration who receives notice
734	734	under Subsection (b) must provide proof of citizenship to the
735	735	registrar not later than the 60th day after the date of receipt.
736	736	Except as provided by Subsection (d), this proof must be presented
737	737	in person. The following is acceptable as proof of citizenship
738	738	under this section:
739	739	(1) an unexpired passport issued to the person;
740	740	(2) a certified copy of a birth certificate or other
741	741	document confirming the person's birth that is admissible in a
742	742	court of law and establishes the person's identity, presented with
743	743	a government-issued identification that contains the person's
744	744	photograph; or
745	745	(3) United States citizenship papers issued to the
746	746	person, presented with a government-issued identification that
747	747	contains the person's photograph.
748	748	(d) An applicant may mail a certified copy of a document
749	749	described by Subsection (c)(2) or (3) with a copy of the person's
750	750	government-issued photo identification to the registrar.
751	751	(e) If an applicant does not provide proof of citizenship as
752	752	required, the registrar shall reject the application and notify the
753	753	secretary of state. The secretary of state shall keep a list of
754	754	applicants for which the secretary receives notice under this
755	755	section.
756	756	(f) The secretary of state shall adopt rules and prescribe
757	757	procedures to implement this section.
758	758	SECTION 3.06. Section 13.143(a), Election Code, is amended
759	759	to read as follows:
760	760	(a) Except as provided by Subsection [Subsections] (b) [and
761	761	(e)], if an applicant's registration application is approved, the
762	762	registration becomes effective on the 30th day after the date the
763	763	application is approved [submitted to the registrar] or on the date
764	764	the applicant becomes 18 years of age, whichever is later.
765	765	SECTION 3.07. Section 16.031(a), Election Code, is amended
766	766	to read as follows:
767	767	(a) The registrar shall cancel a voter's registration
768	768	immediately on receipt of:
769	769	(1) notice under Section 13.072(b) or 15.021 or a
770	770	response under Section 15.053 that the voter's residence is outside
771	771	the county;
772	772	(2) an abstract of the voter's death certificate under
773	773	Section 16.001(a) or an abstract of an application indicating that
774	774	the voter is deceased under Section 16.001(b);
775	775	(3) an abstract of a final judgment of the voter's
776	776	total mental incapacity, partial mental incapacity without the
777	777	right to vote, conviction of a felony, or disqualification under
778	778	Section 16.002, 16.003, or 16.004;
779	779	(4) notice under Section 112.012 that the voter has
780	780	applied for a limited ballot in another county;
781	781	(5) notice from a voter registration official in
782	782	another state that the voter has registered to vote outside this
783	783	state;
784	784	(6) notice from the early voting clerk under Section
785	785	101.053 that a federal postcard application submitted by an
786	786	applicant states a voting residence address located outside the
787	787	registrar's county; [or]
788	788	(7) notice from the secretary of state that the voter
789	789	has registered to vote in another county, as determined by the
790	790	voter's driver's license number or personal identification card
791	791	number issued by the Department of Public Safety or social security
792	792	number; or
793	793	(8) a list under Section 18.068 of this code or Section
794	794	62.113, Government Code, of persons excused or disqualified from
795	795	jury service because of citizenship status that includes the voter,
796	796	or notice from any governmental agency that the voter has
797	797	acknowledged that the voter is not a citizen of the United States.
798	798	SECTION 3.08. Section 16.036(a), Election Code, is amended
799	799	to read as follows:
800	800	(a) Immediately after, but not later than the 30th day after
801	801	the date a voter's registration is canceled under Section
802	802	16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the
803	803	registrar shall deliver written notice of the cancellation to the
804	804	voter.
805	805	SECTION 3.09. Section 18.062(a), Election Code, is amended
806	806	to read as follows:
807	807	Sec. 18.062. INTERSTATE VOTER REGISTRATION CROSSCHECK
808	808	PROGRAM. (a) To maintain the statewide voter registration list
809	809	and to prevent duplication of registration in more than one state or
810	810	jurisdiction, the secretary of state shall cooperate with other
811	811	states and jurisdictions to develop systems to compare, on at least
812	812	a monthly basis, voters, voter history, and voter registration
813	813	lists to identify voters whose addresses have changed.
814	814	SECTION 3.10. Section 18.065, Election Code, is amended by
815	815	adding Subsections (e), (f), and (g) to read as follows:
816	816	(e) If a registrar fails to correct a violation within 30
817	817	days of a notice under Subsection (b), the secretary of state shall
818	818	correct the violation on behalf of the registrar.
819	819	(f) A registrar is liable to this state for a civil penalty
820	820	of $50 for each violation corrected by the secretary of state under
821	821	Subsection (e). The attorney general may bring an action to recover
822	822	a civil penalty imposed under this section.
823	823	(g) A civil penalty collected by the attorney general under
824	824	this section shall be deposited in the state treasury to the credit
825	825	of the general revenue fund.
826	826	SECTION 3.11. Section 18.068, Election Code, is amended to
827	827	read as follows:
828	828	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
829	829	INELIGIBILITY. (a) The secretary of state shall quarterly compare
830	830	the information received under Section 16.001 of this code and
831	831	Section 62.113, Government Code, to the statewide computerized
832	832	voter registration list.
833	833	(a-1) The secretary of state shall enter into an agreement
834	834	with the Department of Public Safety under which information in the
835	835	statewide computerized voter registration list is compared against
836	836	information in the database of the Department of Public Safety on a
837	837	monthly basis to verify the accuracy of information provided on
838	838	voter registration applications. The Department of Public Safety
839	839	shall use any available information under the federal REAL ID
840	840	program to assist the secretary under this subsection. The
841	841	information compared must include, at a minimum, a voter's:
842	842	(1) full legal name;
843	843	(2) former name, if applicable;
844	844	(3) date of birth;
845	845	(4) residence address;
846	846	(5) driver's license or state identification card
847	847	number;
848	848	(6) signature;
849	849	(7) social security number;
850	850	(8) documentation of lawful presence in this state;
851	851	and
852	852	(9) citizenship status.
853	853	(a-2) If the secretary of state determines from information
854	854	received under Subsection (a) or (a-1) that a voter on the
855	855	registration list may be ineligible to vote [is deceased or has been
856	856	excused or disqualified from jury service because the voter is not a
857	857	citizen], the secretary shall send notice of the determination to:
858	858	(1) the voter registrar of the counties considered
859	859	appropriate by the secretary; and
860	860	(2) if appropriate, the attorney general.
861	861	(b) The secretary of state shall by rule determine what
862	862	information combinations identified as common to a voter and to an
863	863	individual who is deceased or ineligible to vote constitute a weak
864	864	match or a strong match in order to:
865	865	(1) produce the least possible impact on Texas voters;
866	866	and
867	867	(2) fulfill its responsibility to manage the voter
868	868	rolls.
869	869	(c) The secretary of state may not determine that a voter is
870	870	deceased or ineligible to vote based on a weak match. The
871	871	secretary of state may inform the county of the voter's residence
872	872	that a weak match exists.
873	873	(d) On receiving notification from the secretary of state
874	874	under Subsection (c) that a weak match of identifying information
875	875	exists for a county voter and an individual who is deceased or
876	876	ineligible to vote, the county shall investigate whether the voter
877	877	is that [the] individual [who is deceased].
878	878	(e) The secretary of state may determine that a voter is
879	879	deceased or ineligible to vote based on a strong match.
880	880	(f) The secretary of state may obtain, for purposes of
881	881	determining whether a voter is deceased or ineligible to vote,
882	882	information from other state agency databases relating to a voter
883	883	that is the same type of information that the secretary of state or
884	884	a voter registrar collects or stores for voter registration
885	885	purposes.
886	886	SECTION 3.12. Section 19.001(a), Election Code, is amended
887	887	to read as follows:
888	888	(a) Before May 15 of each year, the registrar shall prepare
889	889	and submit to the secretary of state a statement containing:
890	890	(1) the total number of initial registrations for the
891	891	previous voting year;
892	892	(2) the total number of registrations canceled under
893	893	Sections 16.031(a)(1) and (8) and Section [,] 16.033[, and 16.0332]
894	894	for the previous voting year; and
895	895	(3) the total number of registrations for which
896	896	information was updated for the previous voting year.
897	897	SECTION 3.13. Section 20.063, Election Code, is amended by
898	898	adding Subsection (e) to read as follows:
899	899	(e) A person who submits a voter registration application to
900	900	the department in person shall at the time of submission present as
901	901	proof of citizenship:
902	902	(1) an unexpired passport issued to the person;
903	903	(2) a certified copy of a birth certificate or other
904	904	document confirming the person's birth that is admissible in a
905	905	court of law and establishes the person's identity; or
906	906	(3) United States citizenship papers issued to the
907	907	person.
908	908	SECTION 3.14. Section 273.001, Election Code, is amended by
909	909	adding Subsection (c-1) to read as follows:
910	910	(c-1) The county or district attorney having jurisdiction
911	911	or the attorney general may investigate on receipt of an affidavit
912	912	alleging a violation of one of the following provisions of this
913	913	code:
914	914	(1) Section 13.007;
915	915	(2) Section 64.012;
916	916	(3) Section 64.036;
917	917	(4) Section 84.003;
918	918	(5) Section 84.0041;
919	919	(6) Section 86.0051;
920	920	(7) Section 86.006;
921	921	(8) Section 86.010; or
922	922	(9) Section 276.013.
923	923	SECTION 3.15. Sections 62.113(b) and (c), Government Code,
924	924	are amended to read as follows:
925	925	(b) On the third business day of each month, the clerk shall
926	926	send a copy of the list of persons excused or disqualified because
927	927	of citizenship in the previous month to:
928	928	(1) the voter registrar of the county;
929	929	(2) the county official responsible for administering
930	930	elections;
931	931	(3) the secretary of state; and
932	932	(4) [(3)] the county or district attorney, as
933	933	applicable, for an investigation of whether the person committed an
934	934	offense under Section 13.007 or 64.012, Election Code, or other
935	935	law.
936	936	(c) A list compiled under this section may not be used for a
937	937	purpose other than a purpose described by Subsection (b) or Section
938	938	16.031(a)(8) [16.0332] or 18.068, Election Code.
939	939	SECTION 3.16. The changes in law made by this article apply
940	940	only to an application to register to vote submitted on or after the
941	941	effective date of this Act.
942	942	ARTICLE 4. PUBLIC INFORMATION
943	943	SECTION 4.01. Section 1.012, Election Code, is amended by
944	944	amending Subsection (a) and adding Subsection (b-1) to read as
945	945	follows:
946	946	(a) Subject to Subsections [Subsection] (b) and (b-1), an
947	947	election record that is public information shall be made available
948	948	to the public for free inspection and copying during the regular
949	949	business hours of the record's custodian.
950	950	(b-1) The custodian may adopt a reasonable fee for a person
951	951	to copy an application for an early voting ballot by mail or a
952	952	carrier envelope.
953	953	SECTION 4.02. Section 18.069, Election Code, is amended to
954	954	read as follows:
955	955	Sec. 18.069. VOTING HISTORY. (a) The [Not later than the
956	956	30th day after the date of the primary, runoff primary, or general
957	957	election or any special election ordered by the governor, the]
958	958	registrar shall electronically submit to the secretary of state the
959	959	record of each voter participating in a primary, runoff primary,
960	960	general election, or any special election ordered by the governor
961	961	not later than the day the voter votes in person or the early voting
962	962	clerk receives a ballot voted by mail [the election].
963	963	(b) The record must include a notation of whether the voter
964	964	voted on election day, voted early by personal appearance, voted
965	965	early by mail under Chapter 86, or voted early by mail under Chapter
966	966	101.
967	967	SECTION 4.03. Section 68.005, Election Code, is amended by
968	968	amending Subsection (b) and adding Subsection (b-1) to read as
969	969	follows:
970	970	(b) The final report may include:
971	971	(1) the information described by Section 68.004(b);
972	972	(2) vote totals by county and precinct for all races
973	973	being tabulated; and
974	974	(3) vote totals for federal offices and statewide
975	975	offices of the state government in a minimum of eight regions
976	976	designated by the secretary on the basis of the geographic scope of
977	977	the electronic media markets.
978	978	(b-1) All data in the final report must be disaggregated by,
979	979	at a minimum, the following methods:
980	980	(1) method of voting;
981	981	(2) ballot style, including paper, electronic, and
982	982	hybrid style ballots; and
983	983	(3) whether the ballot was undervoted or overvoted, if
984	984	applicable.
985	985	SECTION 4.04. Section 87.121, Election Code, is amended by
986	986	adding Subsection (i) to read as follows:
987	987	(i) The secretary of state shall make any early voting
988	988	roster created under this section available to the public on the
989	989	secretary's Internet website.
990	990	SECTION 4.05. Subchapter B, Chapter 123, Election Code, is
991	991	amended by adding Section 123.037 to read as follows:
992	992	Sec. 123.037. PUBLIC INFORMATION. Any correspondence
993	993	between a political subdivision of this state and a vendor or
994	994	manufacturer of voting systems or voting system equipment is public
995	995	information.
996	996	ARTICLE 5. REPEALER, TRANSITION, AND EFFECTIVE DATE
997	997	Section 5.01. The following provisions of the Election Code
998	998	are repealed:
999	999	(1) Section 13.041;
1000	1000	(2) Sections 13.143(d) and (e);
1001	1001	(3) Section 16.0332;
1002	1002	(4) Section 32.002(c-1);
1003	1003	(5) Section 43.004(c);
1004	1004	(6) Section 43.007;
1005	1005	(7) Section 66.058(g);
1006	1006	(8) Sections 85.001(b) and (e);
1007	1007	(9) Section 85.003;
1008	1008	(10) Sections 85.062(d) and (e);
1009	1009	(11) Section 85.064;
1010	1010	(12) Section 85.065;
1011	1011	(13) Section 85.066;
1012	1012	(14) Section 87.042(c);
1013	1013	(15) Sections 127.201(f) and (g);
1014	1014	(16) Chapter 129; and
1015	1015	(17) Section 213.016.
1016	1016	SECTION 5.02. Section 33.05, Penal Code, is repealed.
1017	1017	SECTION 5.03. The changes in law made by this Act in
1018	1018	repealing or amending the punishments for existing criminal
1019	1019	offenses apply only to an offense committed on or after the
1020	1020	effective date of this Act. An offense committed before the
1021	1021	effective date of this Act is governed by the law in effect on the
1022	1022	date the offense was committed, and the former law is continued in
1023	1023	effect for that purpose. For purposes of this section, an offense
1024	1024	was committed before the effective date of this Act if any element
1025	1025	of the offense occurred before that date.
1026	1026	SECTION 5.04. This Act takes effect September 1, 2019.