By: Hughes S.B. No. 901
(In the Senate - Filed March 8, 2019; March 11, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported favorably by the following vote: Yeas 8,
Nays 1; April 8, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to election integrity; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.0051(d), Election Code, is amended to
read as follows:
(d) An offense under this section is a [Class A misdemeanor,
unless it is shown on the trial of an offense under this section
that the person committed an offense under Section 64.036 for
providing unlawful assistance to the same voter in connection with
the same ballot, in which event the offense is a] state jail felony.
SECTION 2. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any
signature [two or more signatures] of the voter made within the
preceding six years and on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 3. Section 87.041(e), Election Code, is amended to
read as follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any signature [two or
more signatures] of the voter made within the preceding six years
and on file with the county clerk or voter registrar to determine
whether the signatures are those of the voter.
SECTION 4. Section 87.042(b), Election Code, is amended to
read as follows:
(b) The [Except as provided by Subsection (c), the] board
shall place the ballot envelope containing an accepted ballot in a
separate container from the ballot box containing the early voting
ballots voted by personal appearance.
SECTION 5. Sections 87.062(a) and (c), Election Code, are
amended to read as follows:
(a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the containers [container] for the early voting ballots that
are to be counted by the board, remove the contents from the
containers [container], and remove any ballots enclosed in ballot
envelopes from their envelopes.
(c) Ballots voted by mail shall be tabulated separately from
the ballots voted by personal appearance and shall be separately
reported on the returns [The results of all early voting ballots
counted by the board under this subchapter shall be included in the
same return].
SECTION 6. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS.
(a) The early voting electronic system ballots counted at a
central counting station, the ballots cast at precinct polling
places, and the ballots voted by mail shall be tabulated separately
[from the ballots cast at precinct polling places] and shall be
separately reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
SECTION 7. Section 87.042(c), Election Code, is repealed.
SECTION 8. The change in law made by this Act to Section
86.0051(d), Election Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 9. This Act takes effect September 1, 2019.
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