86R12852 ADM-D
By: Hall S.B. No. 1601
A BILL TO BE ENTITLED
AN ACT
relating to ensuring election integrity, including through
periodic voter registration; creating criminal offenses; imposing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction for making
a false statement may result in imprisonment for up to the maximum
amount of time provided by law, a fine of up to the maximum amount
provided by law, or both the imprisonment and the fine; [and]
(14) a space or box for indicating whether the
application is for an initial registration or for renewal
registration; and
(15) any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 3. Section 13.142(c), Election Code, is amended to
read as follows:
(c) An initial certificate takes effect on the effective
date of the registration and expires on the fourth anniversary of
the date it takes effect [the following January 1 of an
even-numbered year].
SECTION 4. Section 13.143, Election Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A registration is effective until canceled under this
code or until the fourth anniversary of the date the registration
became effective, whichever is earlier.
(c-1) Notwithstanding Subsection (c), the registration of a
voter whose registration was effective on September 1, 2019, is
effective until canceled under this code or until September 1,
2023, whichever is earlier. This subsection expires January 1,
2024.
SECTION 5. Section 14.001, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) A voter may apply to the registrar for a renewal of the
voter's registration at any point in the final year that the voter's
current registration will be effective.
(a-1) The voter shall submit a renewal application in the
same manner provided for an initial application under Subchapter A
of Chapter 13, and the registrar shall comply with all applicable
provisions of Subchapter C of Chapter 13 in determining whether to
renew the applicant's registration. [On or after November 15 but
before December 6 of each odd-numbered year, the registrar shall
issue a voter registration certificate to each voter in the county
whose registration is effective on the preceding November 14 and
whose name does not appear on the suspense list.]
(c) A renewal certificate becomes effective on the date the
voter's previous registration expires and is valid for four [two]
years beginning on the date it becomes effective [January 1
following its issuance].
SECTION 6. Section 15.081(a), Election Code, is amended to
read as follows:
(a) The registrar shall maintain a suspense list containing
the name of each voter:
(1) who fails to submit a response to the registrar in
accordance with Section 15.053; or
(2) [whose renewal certificate is returned to the
registrar in accordance with Subchapter B, Chapter 14; or
[(3)] who appears on the list of nonresidents of the
county provided to the registrar under Section 62.114, Government
Code.
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. The following provisions of the Election Code
are repealed:
(1) Sections 85.001(b) and (e);
(2) Section 85.003;
(3) Sections 85.062(d) and (e);
(4) Section 85.064;
(5) Section 85.065; and
(6) Section 85.066.
SECTION 20. The changes in law made by this Act apply only
to an election ordered on or after the effective date of this Act.
An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered, and the
former law is continued in effect for that purpose.
SECTION 21. This Act takes effect September 1, 2019.