Texas 2021 - 87th Regular

Texas House Bill HB2672 Compare Versions

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11 87R8453 SGM-D
22 By: Guillen H.B. No. 2672
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to public inspection of certain early voting information;
88 creating a criminal offense.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 87.121, Election Code, as amended by
1111 Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th
1212 Legislature, Regular Session, 2019, is reenacted and amended to
1313 read as follows:
1414 Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting
1515 clerk shall maintain for each election a roster listing each person
1616 who votes an early voting ballot by personal appearance and a roster
1717 listing each person to whom an early voting ballot to be voted by
1818 mail is sent.
1919 (b) For each person listed, the applicable roster must
2020 include:
2121 (1) the person's name, address, and voter registration
2222 number;
2323 (2) an identification of the person's county election
2424 precinct of registration; and
2525 (3) the date of voting or the date the ballot was
2626 mailed to the person, as applicable.
2727 (c) Each roster shall be updated daily.
2828 (d) Each roster may be maintained in any form approved by
2929 the secretary of state.
3030 (e) The clerk shall preserve each roster after the election
3131 for the period for preserving the precinct election records.
3232 (f) Information on the roster for a person to whom an early
3333 voting mail ballot has been sent is not available for public
3434 inspection, except to the voter seeking to verify that the
3535 information pertaining to the voter is accurate, until the first
3636 business day after election day.
3737 (g) Information on the roster for a person who votes an
3838 early voting ballot by personal appearance shall be made available
3939 for public inspection as provided by Subsection (i) not later than
4040 11 a.m. on the day after the date the information is entered on the
4141 roster under Subsection (c). On the request of a person, the early
4242 voting clerk shall provide a copy of the roster in a paper or an
4343 electronic format.
4444 (h) Information on the roster for a person who votes an
4545 early voting ballot by mail shall be made available for public
4646 inspection as provided by Subsection (i) not later than 11 a.m. on
4747 the day following the day the early voting clerk receives a ballot
4848 voted by mail. On the request of a person, the early voting clerk
4949 shall provide a copy of the roster in a paper or an electronic
5050 format.
5151 (i) The information under Subsections (g) and (h) must be
5252 made available:
5353 (1) for an election in which the county clerk is the
5454 early voting clerk:
5555 (A) on the publicly accessible Internet website
5656 of the county; or
5757 (B) if the county does not maintain a website, on
5858 the bulletin board used for posting notice of meetings of the
5959 commissioners court; or
6060 (2) for an election not described by Subdivision (1):
6161 (A) on the publicly accessible Internet website
6262 of the authority ordering the election; or
6363 (B) if the authority ordering the election does
6464 not maintain a website, on the bulletin board used for posting
6565 notice of meetings of the governing body of the authority.
6666 (j) [(i)] The early voting clerk for a primary election or
6767 the general election for state and county officers shall submit to
6868 the secretary of state for posting on the secretary of state's
6969 Internet website the information described by:
7070 (1) Subsection (g) not later than 11 a.m. on the day
7171 after the date the information is entered on the roster under
7272 Subsection (c); and
7373 (2) Subsection (h) not later than 11 a.m. on the day
7474 following the day the early voting clerk receives a ballot voted by
7575 mail.
7676 (k) [(j)] The secretary of state shall [make any early
7777 voting roster created under this section available to the public on
7878 the secretary's Internet website.
7979 [(j) The secretary of state shall] post the information
8080 described by Subsection (j) [(i)] on the secretary of state's
8181 Internet website in a downloadable format.
8282 (l) [(k)] The secretary of state shall create a system for
8383 an early voting clerk for a primary election or the general election
8484 for state and county officers to provide the information to the
8585 secretary of state for posting on the secretary of state's Internet
8686 website under Subsection (j) [(i)].
8787 (m) A person commits an offense if the person:
8888 (1) is responsible for maintaining the roster under
8989 this section; and
9090 (2) fails to provide information on or a copy of the
9191 roster under Subsection (g) or (h).
9292 (n) An offense under Subsection (m) is a Class C
9393 misdemeanor.
9494 SECTION 2. To the extent of any conflict, this Act prevails
9595 over another Act of the 87th Legislature, Regular Session, 2021,
9696 relating to nonsubstantive additions to and corrections in enacted
9797 codes.
9898 SECTION 3. This Act takes effect September 1, 2021.