Texas 2019 - 86th Regular

Texas Senate Bill SB901 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Creighton, Hall S.B. No. 901
	1	+	By: Hughes S.B. No. 901
	2	+	(In the Senate - Filed March 8, 2019; March 11, 2019, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 8, 2019, reported favorably by the following vote: Yeas 8,
	5	+	Nays 1; April 8, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to election integrity; increasing a criminal penalty.
7	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	13		SECTION 1. Section 86.0051(d), Election Code, is amended to
9	14		read as follows:
10	15		(d) An offense under this section is a [Class A misdemeanor,
11	16		unless it is shown on the trial of an offense under this section
12	17		that the person committed an offense under Section 64.036 for
13	18		providing unlawful assistance to the same voter in connection with
14	19		the same ballot, in which event the offense is a] state jail felony.
15	20		SECTION 2. Section 87.027(i), Election Code, is amended to
16	21		read as follows:
17	22		(i) The signature verification committee shall compare the
18	23		signature on each carrier envelope certificate, except those signed
19	24		for a voter by a witness, with the signature on the voter's ballot
20	25		application to determine whether the signatures are those of the
21	26		voter. The committee may also compare the signatures with any
22	27		signature [two or more signatures] of the voter made within the
23	28		preceding six years and on file with the county clerk or voter
24	29		registrar to determine whether the signatures are those of the
25	30		voter. Except as provided by Subsection (l), a determination under
26	31		this subsection that the signatures are not those of the voter must
27	32		be made by a majority vote of the committee's membership. The
28	33		committee shall place the jacket envelopes, carrier envelopes, and
29	34		applications of voters whose signatures are not those of the voter
30	35		in separate containers from those of voters whose signatures are
31	36		those of the voter. The committee chair shall deliver the sorted
32	37		materials to the early voting ballot board at the time specified by
33	38		the board's presiding judge.
34	39		SECTION 3. Section 87.041(e), Election Code, is amended to
35	40		read as follows:
36	41		(e) In making the determination under Subsection (b)(2),
37	42		the board may also compare the signatures with any signature [two or
38	43		more signatures] of the voter made within the preceding six years
39	44		and on file with the county clerk or voter registrar to determine
40	45		whether the signatures are those of the voter.
41	46		SECTION 4. Section 87.042(b), Election Code, is amended to
42	47		read as follows:
43	48		(b) The [Except as provided by Subsection (c), the] board
44	49		shall place the ballot envelope containing an accepted ballot in a
45	50		separate container from the ballot box containing the early voting
46	51		ballots voted by personal appearance.
47	52		SECTION 5. Sections 87.062(a) and (c), Election Code, are
48	53		amended to read as follows:
49	54		(a) On the direction of the presiding judge, the early
50	55		voting ballot board, in accordance with Section 85.032(b), shall
51	56		open the containers [container] for the early voting ballots that
52	57		are to be counted by the board, remove the contents from the
53	58		containers [container], and remove any ballots enclosed in ballot
54	59		envelopes from their envelopes.
55	60		(c) Ballots voted by mail shall be tabulated separately from
56	61		the ballots voted by personal appearance and shall be separately
57	62		reported on the returns [The results of all early voting ballots
58	63		counted by the board under this subchapter shall be included in the
59	64		same return].
60	65		SECTION 6. Section 87.103, Election Code, is amended to
61	66		read as follows:
62	67		Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS.
63	68		(a) The early voting electronic system ballots counted at a
64	69		central counting station, the ballots cast at precinct polling
65	70		places, and the ballots voted by mail shall be tabulated separately
66	71		[from the ballots cast at precinct polling places] and shall be
67	72		separately reported on the returns.
68	73		(b) The early voting returns prepared at the central
69	74		counting station must include any early voting results obtained by
70	75		the early voting ballot board under Subchapter [Subchapters] D [and
71	76		E].
72	77		SECTION 7. Section 87.042(c), Election Code, is repealed.
73	78		SECTION 8. The change in law made by this Act to Section
74	79		86.0051(d), Election Code, applies only to an offense committed on
75	80		or after the effective date of this Act. An offense committed
76	81		before the effective date of this Act is governed by the law in
77	82		effect on the date the offense was committed, and the former law is
78	83		continued in effect for that purpose. For purposes of this section,
79	84		an offense was committed before the effective date of this Act if
80	85		any element of the offense occurred before that date.
81	86		SECTION 9. This Act takes effect September 1, 2019.
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