Texas 2019 - 86th Regular

Texas Senate Bill SB1602 Compare Versions

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

Old	New	Differences
1	1	86R12855 ADM-D
2	2	By: Hall S.B. No. 1602
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	imposing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. EARLY VOTING AND POLLING PLACES
11	11	SECTION 1.01. Section 11.003, Election Code, is amended to
12	12	read as follows:
13	13	Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as
14	14	otherwise provided by this code, a person may vote only in the
15	15	election precinct in which the person resides.
16	16	(b) A person commits an offense if the person casts a vote in
17	17	violation of Subsection (a).
18	18	(c) An election officer commits an offense if the officer
19	19	knowingly permits a person to cast a vote in violation of Subsection
20	20	(a).
21	21	(d) An offense under Subsection (b) or (c) is a Class A
22	22	misdemeanor.
23	23	SECTION 1.02. Section 62.0115(b), Election Code, is amended
24	24	to read as follows:
25	25	(b) Except as revised by the secretary of state under
26	26	Subsection (d), the notice must state that a voter has the right to:
27	27	(1) vote a ballot and view written instructions on how
28	28	to cast a ballot;
29	29	(2) vote in secret and free from intimidation;
30	30	(3) receive up to two additional ballots if the voter
31	31	mismarks, damages, or otherwise spoils a ballot;
32	32	(4) request instructions on how to cast a ballot, but
33	33	not to receive suggestions on how to vote;
34	34	(5) bring an interpreter to translate the ballot and
35	35	any instructions from election officials;
36	36	(6) receive assistance in casting the ballot if the
37	37	voter:
38	38	(A) has a physical disability that renders the
39	39	voter unable to write or see; or
40	40	(B) cannot read the language in which the ballot
41	41	is written;
42	42	(7) cast a ballot on executing an affidavit as
43	43	provided by law, if the voter's eligibility to vote is questioned;
44	44	(8) report an existing or potential abuse of voting
45	45	rights to the secretary of state or the local election official; and
46	46	(9) [except as provided by Section 85.066(b), Election
47	47	Code, vote at any early voting location in the county in which the
48	48	voter resides in an election held at county expense, a primary
49	49	election, or a special election ordered by the governor; and
50	50	[(10)] file an administrative complaint with the
51	51	secretary of state concerning a violation of federal or state
52	52	voting procedures.
53	53	SECTION 1.03. Sections 85.001(a) and (c), Election Code,
54	54	are amended to read as follows:
55	55	(a) The period for early voting by personal appearance
56	56	begins on the 10th [17th] day before election day and continues
57	57	through the [fourth] day before election day, except as otherwise
58	58	provided by this section.
59	59	(c) If the date prescribed by Subsection (a) [or (b)] for
60	60	beginning the period is a Saturday, Sunday, or legal state holiday,
61	61	the early voting period begins on the next regular business day,
62	62	except as otherwise provided by Section 85.006.
63	63	SECTION 1.04. Section 85.004, Election Code, is amended to
64	64	read as follows:
65	65	Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
66	66	The election order and the election notice must state the location
67	67	of the main early voting polling place. The election notice must
68	68	state that a voter is only permitted to vote at the main early
69	69	voting polling place if it is located within the voter's election
70	70	precinct.
71	71	SECTION 1.05. Section 85.005(d), Election Code, is amended
72	72	to read as follows:
73	73	(d) In an election ordered by a city, early voting by
74	74	personal appearance at the main early voting polling place shall be
75	75	conducted for at least 12 hours[:
76	76	[(1)] on one weekday[, if the early voting period
77	77	consists of less than six weekdays; or
78	78	[(2) on two weekdays, if the early voting period
79	79	consists of six or more weekdays].
80	80	SECTION 1.06. Sections 85.006(a), (d), and (e), Election
81	81	Code, are amended to read as follows:
82	82	(a) Except as provided by Subsection (b), the authority
83	83	ordering an election may order early voting by personal appearance
84	84	at the main early voting polling place to be conducted on a Saturday
85	85	or Sunday [one or more Saturdays or Sundays] during the early voting
86	86	period.
87	87	(d) The authority authorized to order early voting on a
88	88	Saturday or Sunday under Subsection (a) or (b) shall order the
89	89	voting under the applicable subsection on receipt of a written
90	90	request submitted by at least 15 registered voters of the territory
91	91	covered by the election. The request must be submitted in time to
92	92	enable compliance with Section 85.007. The authority [is not
93	93	required to order the voting on a particular date specified by the
94	94	request but] shall order the voting on [at least one] Saturday if
95	95	[a] Saturday is requested and on [at least one] Sunday if [a] Sunday
96	96	is requested.
97	97	(e) In a primary election or the general election for state
98	98	and county officers in a county with a population of 100,000 or
99	99	more, the early voting clerk shall order personal appearance voting
100	100	at the main early voting polling place to be conducted for at least
101	101	12 hours on [the last] Saturday and for at least five hours on [the
102	102	last] Sunday during [of] the early voting period. The early voting
103	103	clerk shall order voting to be conducted at those times in those
104	104	elections in a county with a population under 100,000 on receipt of
105	105	a written request for those hours submitted by at least 15
106	106	registered voters of the county. The request must be submitted in
107	107	time to enable compliance with Section 85.007. This subsection
108	108	supersedes any provision of this subchapter to the extent of any
109	109	conflict.
110	110	SECTION 1.07. Section 85.010(b), Election Code, is amended
111	111	to read as follows:
112	112	(b) A political subdivision that holds an election
113	113	described by Subsection (a) shall designate as an early voting
114	114	polling place for the election any early voting polling place[,
115	115	other than a polling place established under Section 85.062(e),]
116	116	established by the county and located in the political subdivision.
117	117	SECTION 1.08. Section 85.033, Election Code, is amended to
118	118	read as follows:
119	119	Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close
120	120	of early voting each day, the early voting clerk shall secure each
121	121	voting machine used for early voting in the manner prescribed by the
122	122	secretary of state so that its unauthorized operation is prevented.
123	123	The clerk shall unsecure the machine before the beginning of early
124	124	voting the following day.
125	125	(b) A voting machine used for early voting may not be
126	126	removed from the polling place until the polls close on election
127	127	day.
128	128	(c) A person commits an offense if the person violates
129	129	Subsection (b).
130	130	(d) An offense under this section is a state jail felony.
131	131	SECTION 1.09. Section 85.061(b), Election Code, is amended
132	132	to read as follows:
133	133	(b) In an election in which a temporary branch polling place
134	134	is established under Section 85.062(a)(1) [or (d)], the
135	135	commissioners court may provide by resolution, order, or other
136	136	official action that any one or more of the county clerk's regularly
137	137	maintained branch clerical offices are not to be branch early
138	138	voting polling places in the election.
139	139	SECTION 1.10. Sections 85.062(a) and (b), Election Code,
140	140	are amended to read as follows:
141	141	(a) One [Except as provided by Subsection (d) or (e), one]
142	142	or more early voting polling places other than the main early voting
143	143	polling place shall [may] be established in each election precinct
144	144	in the territory covered by the election by:
145	145	(1) the commissioners court, for an election in which
146	146	the county clerk is the early voting clerk; or
147	147	(2) the governing body of the political subdivision
148	148	served by the authority ordering the election, for an election in
149	149	which a person other than the county clerk is the early voting
150	150	clerk.
151	151	(b) A polling place established under this section may be
152	152	located[, subject to Subsection (d),] at any place in the territory
153	153	served by the early voting clerk and may be located in any
154	154	stationary structure as directed by the authority establishing the
155	155	branch office. The polling place may be located in a movable
156	156	structure, but the structure may not change locations during the
157	157	early voting period [in the general election for state and county
158	158	officers, general primary election, or runoff primary election].
159	159	Ropes or other suitable objects may be used at the polling place to
160	160	ensure compliance with Section 62.004. Persons who are not
161	161	expressly permitted by law to be in a polling place shall be
162	162	excluded from the polling place to the extent practicable.
163	163	SECTION 1.11. Section 85.063, Election Code, is amended to
164	164	read as follows:
165	165	Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR
166	166	TEMPORARY BRANCH. Early voting by personal appearance at each
167	167	permanent or temporary branch polling place shall be conducted on
168	168	the same days and during the same hours as voting is conducted at
169	169	the main early voting polling place.
170	170	SECTION 1.12. Section 85.068(a), Election Code, is amended
171	171	to read as follows:
172	172	(a) The early voting clerk shall post notice for each
173	173	election stating any dates and the hours that voting on Saturday or
174	174	Sunday will be conducted at a temporary branch polling place [under
175	175	Section 85.064(d) or 85.065(b)], if the early voting clerk is a
176	176	county clerk or city secretary under Section 83.002 or 83.005.
177	177	ARTICLE 2. ELECTION DAY AND TABULATION OF RESULTS
178	178	SECTION 2.01. Section 52.075, Election Code, is amended to
179	179	read as follows:
180	180	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
181	181	SYSTEMS. The secretary of state may prescribe the form and content
182	182	of a ballot for an election using a voting system, including an
183	183	electronic voting system [or a voting system that uses direct
184	184	recording electronic voting machines], to conform to the formatting
185	185	requirements of the system.
186	186	SECTION 2.02. Section 63.001, Election Code, is amended by
187	187	adding Subsection (c-2) to read as follows:
188	188	(c-2) If the list of registered voters for the precinct
189	189	required under Subsection (c) is electronic, a paper copy must be
190	190	kept at the polling place and must be used to accept voters if the
191	191	electronic copy malfunctions.
192	192	SECTION 2.03. Section 122.001, Election Code, is amended by
193	193	adding Subsection (d-1) to read as follows:
194	194	(d-1) Effective September 1, 2023, a voting system may not
195	195	be used in an election if the voting system does not use a paper
196	196	record or produce a paper receipt that can be used to verify the
197	197	tabulation of electronic voting system results.
198	198	SECTION 2.04. Subchapter A, Chapter 122, Election Code, is
199	199	amended by adding Section 122.0031 to read as follows:
200	200	Sec. 122.0031. UNIFORM PROCEDURES FOR CERTAIN VOTING
201	201	SYSTEMS. (a) This section applies to an election in which a voting
202	202	system described by Section 122.001(d-1) is used.
203	203	(b) Not later than the 90th day before an election to which
204	204	this section applies, the secretary of state shall adopt uniform
205	205	procedures for the numbering of ballots in the election and the
206	206	accountability of ballots.
207	207	SECTION 2.05. Subchapter A, Chapter 123, Election Code, is
208	208	amended by adding Section 123.010 to read as follows:
209	209	Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM
210	210	PROHIBITED. Except as necessary to comply with Section 61.012, an
211	211	authority may not adopt a voting system that uses direct recording
212	212	electronic voting machines.
213	213	SECTION 2.06. Subchapter C, Chapter 127, Election Code, is
214	214	amended by adding Section 127.062 to read as follows:
215	215	Sec. 127.062. SEALED BALLOT BOXES FOR HYBRID VOTING SYSTEM.
216	216	(a) This section applies to an election where a voting system is
217	217	used that produces both an electronic system ballot and a paper
218	218	record or receipt.
219	219	(b) All provisions of this subchapter that apply to an
220	220	electronic system ballot also apply to the paper record or receipt
221	221	generated by a voting system.
222	222	ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION
223	223	SECTION 3.01. Section 13.071, Election Code, is amended to
224	224	read as follows:
225	225	Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
226	226	shall review each submitted application for registration to
227	227	determine whether it complies with Section 13.002 and indicates
228	228	that the applicant is a United States citizen eligible for
229	229	registration.
230	230	(b) If the application is submitted to the Department of
231	231	Public Safety in person with the proof of citizenship required by
232	232	Section 20.063(e), the [The] registrar shall make the determination
233	233	not later than the seventh day after the date the application is
234	234	submitted to the registrar.
235	235	(c) If the application is submitted in a manner other than
236	236	the manner described by Subsection (b), the registrar shall forward
237	237	the information relating to the applicant to the secretary of state
238	238	for determining citizenship as provided by Section 13.0721.
239	239	SECTION 3.02. Subchapter C, Chapter 13, Election Code, is
240	240	amended by adding Section 13.0721 to read as follows:
241	241	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
242	242	section does not apply to an application for registration submitted
243	243	to the Department of Public Safety in person with the proof of
244	244	citizenship required by Section 20.063(e).
245	245	(b) The secretary of state shall verify with the Department
246	246	of Public Safety the citizenship status of each applicant for voter
247	247	registration whose information is forwarded to the secretary of
248	248	state as provided by Section 13.071(c). If the department verifies
249	249	the applicant's citizenship status, the secretary of state shall
250	250	notify the registrar. If the department does not have information
251	251	regarding the citizenship status of the applicant or has
252	252	information indicating that the applicant is not a citizen, the
253	253	registrar and the applicant shall be notified as provided by
254	254	secretary of state rule.
255	255	(c) An applicant for voter registration who receives notice
256	256	under Subsection (b) must provide proof of citizenship to the
257	257	registrar not later than the 60th day after the date of receipt.
258	258	Except as provided by Subsection (d), this proof must be presented
259	259	in person. The following is acceptable as proof of citizenship
260	260	under this section:
261	261	(1) an unexpired passport issued to the person;
262	262	(2) a certified copy of a birth certificate or other
263	263	document confirming the person's birth that is admissible in a
264	264	court of law and establishes the person's identity, presented with
265	265	a government-issued identification that contains the person's
266	266	photograph; or
267	267	(3) United States citizenship papers issued to the
268	268	person, presented with a government-issued identification that
269	269	contains the person's photograph.
270	270	(d) An applicant may mail a certified copy of a document
271	271	described by Subsection (c)(2) or (3) with a copy of the person's
272	272	government-issued photo identification to the registrar.
273	273	(e) If an applicant does not provide proof of citizenship as
274	274	required, the registrar shall reject the application and notify the
275	275	secretary of state. The secretary of state shall keep a list of
276	276	applicants for which the secretary receives notice under this
277	277	section.
278	278	(f) The secretary of state shall adopt rules and prescribe
279	279	procedures to implement this section.
280	280	SECTION 3.03. Section 13.143(a), Election Code, is amended
281	281	to read as follows:
282	282	(a) Except as provided by Subsection [Subsections] (b) [and
283	283	(e)], if an applicant's registration application is approved, the
284	284	registration becomes effective on the 30th day after the date the
285	285	application is approved [submitted to the registrar] or on the date
286	286	the applicant becomes 18 years of age, whichever is later.
287	287	SECTION 3.04. Section 16.031(a), Election Code, is amended
288	288	to read as follows:
289	289	(a) The registrar shall cancel a voter's registration
290	290	immediately on receipt of:
291	291	(1) notice under Section 13.072(b) or 15.021 or a
292	292	response under Section 15.053 that the voter's residence is outside
293	293	the county;
294	294	(2) an abstract of the voter's death certificate under
295	295	Section 16.001(a) or an abstract of an application indicating that
296	296	the voter is deceased under Section 16.001(b);
297	297	(3) an abstract of a final judgment of the voter's
298	298	total mental incapacity, partial mental incapacity without the
299	299	right to vote, conviction of a felony, or disqualification under
300	300	Section 16.002, 16.003, or 16.004;
301	301	(4) notice under Section 112.012 that the voter has
302	302	applied for a limited ballot in another county;
303	303	(5) notice from a voter registration official in
304	304	another state that the voter has registered to vote outside this
305	305	state;
306	306	(6) notice from the early voting clerk under Section
307	307	101.053 that a federal postcard application submitted by an
308	308	applicant states a voting residence address located outside the
309	309	registrar's county; [or]
310	310	(7) notice from the secretary of state that the voter
311	311	has registered to vote in another county, as determined by the
312	312	voter's driver's license number or personal identification card
313	313	number issued by the Department of Public Safety or social security
314	314	number; or
315	315	(8) a list under Section 18.068 of this code or Section
316	316	62.113, Government Code, of persons excused or disqualified from
317	317	jury service because of citizenship status that includes the voter,
318	318	or notice from any governmental agency that the voter has
319	319	acknowledged that the voter is not a citizen of the United States.
320	320	SECTION 3.05. Section 16.036(a), Election Code, is amended
321	321	to read as follows:
322	322	(a) Immediately after, but not later than the 30th day after
323	323	the date a voter's registration is canceled under Section
324	324	16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the
325	325	registrar shall deliver written notice of the cancellation to the
326	326	voter.
327	327	SECTION 3.06. Section 18.065, Election Code, is amended by
328	328	adding Subsections (e), (f), and (g) to read as follows:
329	329	(e) If a registrar fails to correct a violation within 30
330	330	days of a notice under Subsection (b), the secretary of state shall
331	331	correct the violation on behalf of the registrar.
332	332	(f) A registrar is liable to this state for a civil penalty
333	333	of $50 for each violation corrected by the secretary of state under
334	334	Subsection (e). The attorney general may bring an action to recover
335	335	a civil penalty imposed under this section.
336	336	(g) A civil penalty collected by the attorney general under
337	337	this section shall be deposited in the state treasury to the credit
338	338	of the general revenue fund.
339	339	SECTION 3.07. Section 18.068, Election Code, is amended to
340	340	read as follows:
341	341	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
342	342	INELIGIBILITY. (a) The secretary of state shall quarterly compare
343	343	the information received under Section 16.001 of this code and
344	344	Section 62.113, Government Code, to the statewide computerized
345	345	voter registration list.
346	346	(a-1) The secretary of state shall enter into an agreement
347	347	with the Department of Public Safety under which information in the
348	348	statewide computerized voter registration list is compared against
349	349	information in the database of the Department of Public Safety on a
350	350	monthly basis to verify the accuracy of information provided on
351	351	voter registration applications. The Department of Public Safety
352	352	shall use any available information under the federal REAL ID
353	353	program to assist the secretary under this subsection. The
354	354	information compared must include, at a minimum, a voter's:
355	355	(1) full legal name;
356	356	(2) former name, if applicable;
357	357	(3) date of birth;
358	358	(4) residence address;
359	359	(5) driver's license or state identification card
360	360	number;
361	361	(6) signature;
362	362	(7) social security number;
363	363	(8) documentation of lawful presence in this state;
364	364	and
365	365	(9) citizenship status.
366	366	(a-2) If the secretary of state determines from information
367	367	received under Subsection (a) or (a-1) that a voter on the
368	368	registration list may be ineligible to vote [is deceased or has been
369	369	excused or disqualified from jury service because the voter is not a
370	370	citizen], the secretary shall send notice of the determination to:
371	371	(1) the voter registrar of the counties considered
372	372	appropriate by the secretary; and
373	373	(2) if appropriate, the attorney general.
374	374	(b) The secretary of state shall by rule determine what
375	375	information combinations identified as common to a voter and to an
376	376	individual who is deceased or ineligible to vote constitute a weak
377	377	match or a strong match in order to:
378	378	(1) produce the least possible impact on Texas voters;
379	379	and
380	380	(2) fulfill its responsibility to manage the voter
381	381	rolls.
382	382	(c) The secretary of state may not determine that a voter is
383	383	deceased or ineligible to vote based on a weak match. The secretary
384	384	of state may inform the county of the voter's residence that a weak
385	385	match exists.
386	386	(d) On receiving notification from the secretary of state
387	387	under Subsection (c) that a weak match of identifying information
388	388	exists for a county voter and an individual who is deceased or
389	389	ineligible to vote, the county shall investigate whether the voter
390	390	is that [the] individual [who is deceased].
391	391	(e) The secretary of state may determine that a voter is
392	392	deceased or ineligible to vote based on a strong match.
393	393	(f) The secretary of state may obtain, for purposes of
394	394	determining whether a voter is deceased or ineligible to vote,
395	395	information from other state agency databases relating to a voter
396	396	that is the same type of information that the secretary of state or
397	397	a voter registrar collects or stores for voter registration
398	398	purposes.
399	399	SECTION 3.08. Section 19.001(a), Election Code, is amended
400	400	to read as follows:
401	401	(a) Before May 15 of each year, the registrar shall prepare
402	402	and submit to the secretary of state a statement containing:
403	403	(1) the total number of initial registrations for the
404	404	previous voting year;
405	405	(2) the total number of registrations canceled under
406	406	Sections 16.031(a)(1) and (8) and Section [,] 16.033[, and 16.0332]
407	407	for the previous voting year; and
408	408	(3) the total number of registrations for which
409	409	information was updated for the previous voting year.
410	410	SECTION 3.09. Section 20.063, Election Code, is amended by
411	411	adding Subsection (e) to read as follows:
412	412	(e) A person who submits a voter registration application to
413	413	the department in person shall at the time of submission present as
414	414	proof of citizenship:
415	415	(1) an unexpired passport issued to the person;
416	416	(2) a certified copy of a birth certificate or other
417	417	document confirming the person's birth that is admissible in a
418	418	court of law and establishes the person's identity; or
419	419	(3) United States citizenship papers issued to the
420	420	person.
421	421	ARTICLE 4. REPEALER, TRANSITION, AND EFFECTIVE DATE
422	422	Section 4.01. The following provisions of the Election Code
423	423	are repealed:
424	424	(1) Section 13.041;
425	425	(2) Sections 13.143(d) and (e);
426	426	(3) Section 16.0332;
427	427	(4) Sections 85.001(b) and (e);
428	428	(5) Section 85.003;
429	429	(6) Sections 85.062(d) and (e);
430	430	(7) Section 85.064;
431	431	(8) Section 85.065;
432	432	(9) Section 85.066;
433	433	(10) Chapter 129; and
434	434	(11) Section 213.016.
435	435	SECTION 4.02. Section 33.05, Penal Code, is repealed.
436	436	SECTION 4.03. The changes in law made by this Act in
437	437	repealing the punishments for existing criminal offenses apply only
438	438	to an offense committed on or after the effective date of this Act.
439	439	An offense committed before the effective date of this Act is
440	440	governed by the law in effect on the date the offense was committed,
441	441	and the former law is continued in effect for that purpose. For
442	442	purposes of this section, an offense was committed before the
443	443	effective date of this Act if any element of the offense occurred
444	444	before that date.
445	445	SECTION 4.04. This Act takes effect September 1, 2019.