86R15596 ADM-F
By: Hughes S.B. No. 9
A BILL TO BE ENTITLED
AN ACT
relating to election integrity; increasing criminal penalties;
creating a criminal offense; creating civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CRIMINAL PROVISIONS
SECTION 1.01. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sexual offense
against five or more victims;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) Medicaid fraud under Section 35A.02, Penal
Code; or
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; [or]
(E) insurance fraud; or
(F) a felony offense under the Election Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 1.02. Section 1.018, Election Code, is amended to
read as follows:
Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4
[In addition to Section 1.03, Penal Code, and to other titles of the
Penal Code that may apply to this code, Title 4], Penal Code, apply
[applies] to offenses prescribed by this code.
SECTION 1.03. Sections 13.007(b) and (c), Election Code,
are amended to read as follows:
(b) An offense under this section is a state jail felony
[Class B misdemeanor].
(c) If conduct that constitutes an offense under this
section also constitutes an offense under other law, the actor may
be prosecuted under this section, the other law, or both. [For
purposes of this code, an offense under this section is considered
to be perjury, but may be prosecuted only under this section.]
SECTION 1.04. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.0045 to read as follows:
Sec. 61.0045. IMPEDING ACCESS TO POLLING PLACE. (a) A
person commits an offense if the person impedes a walkway,
sidewalk, parking lot, or roadway within 1,000 feet of a polling
place in a manner that hinders a person from entering the polling
place.
(b) An offense under this section is a Class B misdemeanor.
SECTION 1.05. Section 64.012, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) It is sufficient for the purposes of Subsection (a)(1)
to establish that the person had knowledge of the person's
ineligibility to vote if the person was aware of the facts or
circumstances causing the person's ineligibility under this code.
(d) It is not a defense to prosecution that the ballot was
not finally counted.
SECTION 1.06. Section 64.036(d), Election Code, is amended
to read as follows:
(d) An offense under this section is a state jail felony
[Class A misdemeanor].
SECTION 1.07. Subchapter A, Chapter 273, Election Code, is
amended by adding Section 273.005 to read as follows:
Sec. 273.005. DEFENSE TO PROSECUTION FOR PERSON CONDUCTING
INVESTIGATION UNDER THIS CODE. It is a defense to prosecution of an
offense under this code that a person employed by a law enforcement
agency in the commission of the offense is engaged in:
(1) the investigation or prosecution of a violation of
a law under this code; or
(2) official activities investigating a weakness in
the electoral process.
SECTION 1.08. (a) The change in law made by this article in
amending Article 12.01, Code of Criminal Procedure, does not apply
to an offense if the prosecution of that offense becomes barred by
limitation before the effective date of this Act. The prosecution
of that offense remains barred as if this article had not taken
effect.
(b) The changes in law made by this article apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
ARTICLE 2. VOTERS, ASSISTANTS, AND WATCHERS
SECTION 2.01. Section 13.002, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A registration application must require the applicant
to affirmatively indicate all information provided on the
application.
SECTION 2.02. Section 33.004(b), Election Code, is amended
to read as follows:
(b) To be eligible to participate in the appointment under
this section of a watcher for a precinct polling place, a person
must be a registered voter of the precinct. To be eligible to
participate in the appointment under this section of a watcher for
an early voting polling place, the meeting place of an early voting
ballot board or signature verification committee, or a central
counting station, a person must be a registered voter of the
territory served by that facility.
SECTION 2.03. Section 33.006(b), Election Code, is amended
to read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve;
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents; and
(6) contain an affidavit executed by the appointee
stating that the appointee will not use [have possession of] a
device capable of recording images or sound [or that the appointee
will disable or deactivate the device] while serving as a watcher
except as permitted by Section 61.014(b).
SECTION 2.04. Section 33.007(a), Election Code, is amended
to read as follows:
(a) Each appointing authority may appoint not more than two
watchers for each precinct polling place, meeting place for an
early voting ballot board or signature verification committee, or
central counting station involved in the election.
SECTION 2.05. Section 33.051(a), Election Code, is amended
to read as follows:
(a) A watcher appointed to serve at a precinct polling
place, a meeting place for an early voting ballot board or signature
verification committee, or a central counting station must deliver
a certificate of appointment to the presiding judge at the time the
watcher reports for service. A watcher appointed to serve at an
early voting polling place must deliver a certificate of
appointment to the early voting clerk or deputy clerk in charge of
the polling place when the watcher first reports for service.
SECTION 2.06. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
watcher serving at the meeting place of an early voting ballot board
or signature verification committee may be present at any time the
board or committee is processing or counting ballots and until the
board or committee completes its duties. The watcher may serve
during the hours the watcher chooses, except as provided by
Subsection (b).
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
recorded any votes cast on voting machines or counted any ballots,
unless the board has completed its duties and has been dismissed by
the presiding judge.
SECTION 2.07. Section 33.056, Election Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) A watcher serving at the meeting place of an early
voting ballot board or signature verification committee is entitled
to inspect a form submitted in accordance with Section 64.0322.
(f) A watcher serving at a polling place is entitled to
inspect any identifying documentation presented by a person
assisting a voter in accordance with Subchapter B, Chapter 64.
SECTION 2.08. Section 33.057, Election Code, is amended to
read as follows:
Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT. (a)
In this section, "family member" means a person related to the voter
within the second degree by affinity or third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code.
(b) A watcher or election officer is entitled to be present
at the voting station when a voter is being assisted by a person who
is not a family member [an election officer], and the watcher or
election officer is entitled to examine the ballot before it is
deposited in the ballot box to determine whether it is prepared in
accordance with the voter's wishes.
(c) [(b)] A watcher or election officer may not be present
at the voting station when a voter is preparing the voter's ballot
[or is being assisted by a person of the voter's choice].
SECTION 2.09. Section 33.060(a), Election Code, is amended
to read as follows:
(a) On request of a watcher, an election officer who
delivers election records from a precinct polling place, an early
voting polling place, a meeting place for an early voting ballot
board or signature verification committee, or a central counting
station shall permit the watcher appointed to serve at that
location to accompany the officer in making the delivery.
SECTION 2.10. Section 61.014(b), Election Code, is amended
to read as follows:
(b) A person, other than a watcher solely recording the
counting of ballots, may not use any mechanical or electronic means
of recording images or sound within 100 feet of a voting station.
SECTION 2.11. Section 64.009, Election Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) A person who assists a voter voting under this section
by providing the voter with transportation to the polling place
must complete and sign a form that:
(1) requires the person to affirm that the voter is
physically unable to enter the polling place without personal
assistance or likelihood of injuring the voter's health; and
(2) contains the following information:
(A) the person's name and address; and
(B) whether the person is providing assistance
solely under this section or under both this section and Subchapter
B.
(f) The secretary of state shall prescribe the form
described by Subsection (e).
SECTION 2.12. Subchapter B, Chapter 64, Election Code, is
amended by adding Section 64.0322 to read as follows:
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person, other than an election officer, who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the manner in which the person assisted the voter;
(3) the reason the assistance was necessary; and
(4) the relationship of the assistant to the voter.
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
SECTION 2.13. Section 84.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An application for a ballot to be voted by mail on the
ground of disability must require the applicant to affirmatively
indicate that the applicant agrees with the statement "I am
physically unable to enter a polling place without needing personal
assistance or injuring my health," as prescribed by Section
82.002(a).
SECTION 2.14. Section 86.013(f), Election Code, is amended
to read as follows:
(f) The oath of a person assisting a voter and the form
described by Section 64.0322(a) must be included on the official
carrier envelope as part of the certificate prescribed by
Subsection (c).
SECTION 2.15. Section 213.013(i), Election Code, is amended
to read as follows:
(i) No device capable of recording images or sound is
allowed inside the room in which the recount is conducted, or in any
hallway or corridor in the building in which the recount is
conducted within 30 feet of the entrance to the room, while the
recount is in progress unless the person entitled to be present at
the recount is a watcher or agrees to disable or deactivate the
device. However, on request of a person entitled to appoint
watchers to serve at the recount, the recount committee chair shall
permit the person to photocopy under the chair's supervision any
ballot, including any supporting materials, challenged by the
person or person's watcher. The person must pay a reasonable charge
for making the copies and, if no photocopying equipment is
available, may supply that equipment at the person's expense. The
person shall provide a copy on request to another person entitled to
appoint watchers to serve at the recount.
ARTICLE 3. ELECTION CONTESTS
SECTION 3.01. Section 232.006(a), Election Code, is amended
to read as follows:
(a) The venue of an election contest for a statewide office
is in Travis County or any county where a contestee resided at the
time of the election. For purposes of this section, a contestee's
residence is determined under Section 411.0257, Government Code.
SECTION 3.02. Chapter 232, Election Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
applies to an election contest in which the contestant alleges in
the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge committed election fraud under any
of the following sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
Sec. 232.062. EVIDENTIARY STANDARD. A contestant must
prove an allegation described by Section 232.061 by a preponderance
of the evidence.
Sec. 232.063. CIVIL PENALTY. (a) If the court in its
judgment finds that the contestee, an agent of the contestee, or a
person acting on behalf of the contestee with the contestee's
knowledge committed one or more violations of a section described
by Section 232.061, the contestee is liable to this state for a
civil penalty of $1,000 for each violation.
(b) A penalty collected under this section by the attorney
general shall be deposited in the state treasury to the credit of
the general revenue fund.
Sec. 232.064. ATTORNEY'S FEES. In an election contest to
which this subchapter applies, the court may award reasonable
attorney's fees to the prevailing party.
SECTION 3.03. The changes in law made by this article apply
only to an election contest for which the associated election
occurred after the effective date of this Act.
ARTICLE 4. STATE AND COUNTY OFFICERS
SECTION 4.01. Section 18.061, Election Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; and
(3) be available to any election official in the
state, including any official responsible for ensuring the
integrity of the voter rolls or compliance with the election laws of
this state, through immediate electronic access.
(f) Appropriate state or local officials and agencies shall
provide technological security measures to prevent unauthorized
access to the statewide computerized voter registration list.
SECTION 4.02. Section 18.062, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) For the purposes of Subsection (a), the secretary of
state may disclose a voter's social security number or date of birth
to other states and jurisdictions.
SECTION 4.03. Section 43.007, Election Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) In selecting countywide polling places, the
commissioners court of a county with a population of more than one
million may not designate a location as a polling place that would
require a voter who resides in the precinct where the polling place
is located to travel more than three miles from the voter's
residence to the polling place.
SECTION 4.04. Section 67.007, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) Not later than 24 hours after completing county election
returns under this section, the county clerk shall post on the
county's Internet website, if the county maintains a website:
(1) the number of votes that were cast in the county;
and
(2) the number of registered voters in the county.
SECTION 4.05. Section 216.001, Election Code, is amended to
read as follows:
Sec. 216.001. APPLICABILITY OF CHAPTER. (a) Except as
provided by Subsection (b), this [This] chapter applies only to an
election that results in a tie vote as provided by Sections
2.002(i), 2.023(b) and (c), and 2.028.
(b) If the results of an election show that the number of
votes cast in an election precinct exceeds the number of registered
voters in the precinct, the authority designated under Section
212.026 shall initiate an automatic recount for that precinct in
accordance with this chapter.
ARTICLE 5. AUDITABLE VOTING SYSTEMS
SECTION 5.01. Chapter 65, Election Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. RISK-LIMITING AUDIT
Sec. 65.101. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to an election:
(1) that occurs after August 31, 2025; and
(2) in which an auditable voting system described by
Section 129.003(a) is used.
Sec. 65.102. RISK-LIMITING AUDIT. (a) On completion of the
vote count, the counting team shall conduct an audit of the results
by manually inspecting the paper records or receipts generated by
the voting system.
(b) An audit under this section continues until the counting
team has counted a sufficient number of paper records or receipts to
provide strong evidence that the reported outcome of the election
matches the result that a full counting of the paper records or
receipts would reveal.
(c) The number or percentage of paper records or receipts
counted in an audit under this section must be consistent with rules
adopted by the secretary of state under Section 65.103.
Sec. 65.103. RULES. (a) The secretary of state shall adopt
rules as necessary to implement this subchapter.
(b) Rules adopted under this subchapter must include a rule,
using widely accepted statistical methods, that provides for the
number or percentage of paper records or receipts that must be
counted in an audit under Section 65.102.
Sec. 65.104. PUBLICATION OF RESULTS. The results of a
risk-limiting audit conducted under this subchapter must be
published on the Internet website of the secretary of state not
later than three days after the completion of the audit.
Sec. 65.105. PILOT PROGRAM. (a) Notwithstanding Section
65.101(1), the secretary of state shall conduct a pilot program,
beginning with the election taking place November 5, 2019, of the
risk-limiting audit program created under this subchapter.
(b) The secretary of state shall adopt rules as necessary to
implement this section.
(c) This section expires August 31, 2025.
SECTION 5.02. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.003 to read as follows:
Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this
section, "auditable voting system" means a voting system that:
(1) uses a paper record; or
(2) produces a paper receipt by which a voter can
verify that the voter's ballot will be counted accurately.
(b) Except as provided by Subsection (e), a voting system
that consists of direct recording electronic voting machines may
not be used in an election unless the system is an auditable voting
system.
(c) Except for a recount under Title 13, or if an audit
conducted under Section 65.102 fails to produce strong evidence
that the reported outcome of the election matches the result that a
full counting of the paper records or receipts would reveal, the
electronic vote is the official record of the ballot. For a recount
of ballots cast on a system involving direct recording electronic
voting machines, or if an audit conducted under Section 65.102
fails to produce strong evidence that the reported outcome of the
election matches the result that a full counting of the paper
records or receipts would reveal, the paper record or receipt copy
is the official record of the vote cast.
(d) An authority that purchased a voting system other than
an auditable voting system after September 1, 2014, and before
September 1, 2019, may use available federal funding and, if
federal funding is not available, available state funding to
retrofit the purchased voting system as an auditable voting system
in accordance with the following schedule:
(1) if the voting system was retrofitted as an
auditable voting system not later than the election taking place
November 3, 2020, the authority is eligible to have 100 percent of
the cost of retrofitting reimbursed under this section; and
(2) if the authority is not eligible for a 100 percent
reimbursement of cost under Subdivision (1) and the voting system
was retrofitted as an auditable voting system not later than the
election taking place November 5, 2024, the authority is eligible
to have 50 percent of the cost of retrofitting reimbursed under this
section.
(e) Subsections (a)-(c) do not apply to an election held
before September 1, 2024.
ARTICLE 6. REPEALER AND EFFECTIVE DATE
SECTION 6.01. Sections 33.051(c), 61.003(a-1), and
85.036(b), Election Code, are repealed.
SECTION 6.02. This Act takes effect September 1, 2019.