Texas 2021 - 87th Regular

Texas House Bill HB3107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3107
	1	+	By: Clardy, et al. (Senate Sponsor - Zaffirini) H.B. No. 3107
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3107 By: Zaffirini
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to election practices and procedures.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Section 1.007(c), Election Code, is amended to
8	16		read as follows:
9	17		(c) A delivery, submission, or filing of a document or paper
10	18		under this code may be made by personal delivery, mail, telephonic
11	19		facsimile machine, e-mail, or any other method of transmission.
12	20		SECTION 2. Section 2.002, Election Code, is amended by
13	21		amending Subsection (b) and adding Subsection (j) to read as
14	22		follows:
15	23		(b) Not later than the fifth day after the date the
16	24		automatic recount required by Subsection (i) is completed or the
17	25		final canvass following the automatic recount is completed, if
18	26		applicable, the authority responsible for ordering the first
19	27		election shall order the second election. The second election
20	28		shall be held not earlier than the 20th day or later than the 45th
21	29		[30th] day after the date the automatic recount required by
22	30		Subsection (i) is completed or the final canvass following the
23	31		automatic recount is completed, if applicable.
24	32		(j) If the recount does not resolve the tie, the tied
25	33		candidates may:
26	34		(1) cast lots not later than the day before the date
27	35		the authority must order the second election under Subsection (b);
28	36		or
29	37		(2) withdraw from the election not later than 5 p.m. of
30	38		the day after the date the automatic recount is held.
31	39		SECTION 3. Section 2.022(b), Election Code, is amended to
32	40		read as follows:
33	41		(b) Sections 2.023, 2.025, and 2.028 supersede a law outside
34	42		this subchapter to the extent of any conflict.
35	43		SECTION 4. Section 2.025(d), Election Code, is amended to
36	44		read as follows:
37	45		(d) A runoff election for a special election to fill a
38	46		vacancy in Congress or a special election to fill a vacancy in the
39	47		legislature, except an election ordered as an emergency election
40	48		under Section 41.0011 or an election held as an expedited election
41	49		under Section 203.013, [to which Section 101.104 applies] shall be
42	50		held not earlier than the 70th day or later than the 77th day after
43	51		the date the final canvass of the main election is completed.
44	52		SECTION 5. Section 2.028(c), Election Code, is amended to
45	53		read as follows:
46	54		(c) A tying candidate may resolve the tie by filing with the
47	55		presiding officer of the final canvassing authority a written
48	56		statement of withdrawal signed and sworn to [acknowledged] by the
49	57		candidate. If the statement of withdrawal is received before the
50	58		automatic recount is conducted, the remaining candidate is the
51	59		winner, and the automatic recount is not conducted. If the
52	60		statement of withdrawal is received not later than 5 p.m. the day
53	61		after the date the automatic recount is conducted [On receipt of the
54	62		statement of withdrawal], the remaining candidate is the winner,
55	63		and a casting of lots is not held.
56	64		SECTION 6. Section 2.051(b), Election Code, is amended to
57	65		read as follows:
58	66		(b) In the case of an election in which any members of the
59	67		political subdivision's governing body are elected from
60	68		territorial units such as single-member districts, this subchapter
61	69		applies to the election in a particular territorial unit if each
62	70		candidate for an office that is to appear on the ballot in that
63	71		territorial unit is unopposed and no [at-large proposition or]
64	72		opposed at-large race is to appear on the ballot. This subchapter
65	73		applies to an unopposed at-large race in such an election
66	74		regardless of whether an opposed race is to appear on the ballot in
67	75		a particular territorial unit.
68	76		SECTION 7. Section 3.005(d), Election Code, is amended to
69	77		read as follows:
70	78		(d) Except as provided by Subsection (c), an [An] election
71	79		under Section 26.08, Tax Code, to ratify a tax rate adopted by the
72	80		governing body of a school district under Section 26.05(g) of that
73	81		code shall be ordered not later than the 30th day before election
74	82		day.
75	83		SECTION 8. Section 4.003(c), Election Code, is amended to
76	84		read as follows:
77	85		(c) In addition to any other notice given, notice of an
78	86		election ordered by the governor, by a county authority,
79	87		[commissioners court] or by an authority of a city or school
80	88		district must be given by the method prescribed by Subsection
81	89		(a)(1).
82	90		SECTION 9. Section 4.004(a), Election Code, is amended to
83	91		read as follows:
84	92		(a) The notice of a general or special election must state:
85	93		(1) the nature and date of the election;
86	94		(2) except as provided by Subsection (c), the location
87	95		of each polling place;
88	96		(3) the hours that the polls will be open; [and]
89	97		(4) the Internet website of the authority conducting
90	98		the election; and
91	99		(5) any other information required by other law.
92	100		SECTION 10. Section 13.002(i), Election Code, is amended to
93	101		read as follows:
94	102		(i) An applicant who wishes to receive an exemption from the
95	103		requirements of Section 63.001(b) on the basis of disability must
96	104		submit [include with the person's application]:
97	105		(1) written documentation:
98	106		(A) from the United States Social Security
99	107		Administration evidencing the applicant has been determined to have
100	108		a disability; or
101	109		(B) from the United States Department of Veterans
102	110		Affairs evidencing the applicant has a disability rating of at
103	111		least 50 percent; and
104	112		(2) a statement in a form prescribed by the secretary
105	113		of state that the applicant does not have a form of identification
106	114		acceptable under Section 63.0101.
107	115		SECTION 11. Section 13.004(c), Election Code, as amended by
108	116		Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
109	117		Acts of the 86th Legislature, Regular Session, 2019, is reenacted
110	118		and amended to read as follows:
111	119		(c) The following information furnished on a registration
112	120		application is confidential and does not constitute public
113	121		information for purposes of Chapter 552, Government Code:
114	122		(1) a social security number;
115	123		(2) a Texas driver's license number;
116	124		(3) a number of a personal identification card issued
117	125		by the Department of Public Safety;
118	126		(4) [an indication that an applicant is interested in
119	127		working as an election judge;
120	128		[(5)] the residence address of the applicant, if the
121	129		applicant is a federal judge or state judge, the spouse of a federal
122	130		judge or state judge, the spouse of a peace officer as defined by
123	131		Article 2.12, Code of Criminal Procedure, or an individual to whom
124	132		Section 552.1175, Government Code, or Section 521.1211,
125	133		Transportation Code, applies and the applicant:
126	134		(A) included an affidavit with the registration
127	135		application describing the applicant's status under this
128	136		subdivision, if the applicant is a federal judge or state judge or
129	137		the spouse of a federal judge or state judge;
130	138		(B) provided the registrar with an affidavit
131	139		describing the applicant's status under this subdivision, if the
132	140		applicant is a federal judge or state judge or the spouse of a
133	141		federal judge or state judge; or
134	142		(C) provided the registrar with a completed form
135	143		approved by the secretary of state for the purpose of notifying the
136	144		registrar of the applicant's status under this subdivision;
137	145		(5) [(6)] the residence address of the applicant, if
138	146		the applicant, the applicant's child, or another person in the
139	147		applicant's household is a victim of family violence as defined by
140	148		Section 71.004, Family Code, who provided the registrar with:
141	149		(A) a copy of a protective order issued under
142	150		Chapter 85, Family Code, or a magistrate's order for emergency
143	151		protection issued under Article 17.292, Code of Criminal Procedure;
144	152		or
145	153		(B) other independent documentary evidence
146	154		necessary to show that the applicant, the applicant's child, or
147	155		another person in the applicant's household is a victim of family
148	156		violence;
149	157		(6) [(7)] the residence address of the applicant, if
150	158		the applicant, the applicant's child, or another person in the
151	159		applicant's household is a victim of sexual assault or abuse,
152	160		stalking, or trafficking of persons who provided the registrar
153	161		with:
154	162		(A) a copy of a protective order issued under
155	163		Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
156	164		magistrate's order for emergency protection issued under Article
157	165		17.292, Code of Criminal Procedure; or
158	166		(B) other independent documentary evidence
159	167		necessary to show that the applicant, the applicant's child, or
160	168		another person in the applicant's household is a victim of sexual
161	169		assault or abuse, stalking, or trafficking of persons;
162	170		(7) [(8)] the residence address of the applicant, if
163	171		the applicant:
164	172		(A) is a participant in the address
165	173		confidentiality program administered by the attorney general under
166	174		Subchapter B, Chapter 58, Code of Criminal Procedure; and
167	175		(B) provided the registrar with proof of
168	176		certification under Article 58.059, Code of Criminal Procedure; or
169	177		(8) [(9)] the telephone number of any applicant
170	178		submitting documentation under Subdivision (4), (5), (6), or (7)[,
171	179		or (8)].
172	180		SECTION 12. Section 13.072(d), Election Code, is amended to
173	181		read as follows:
174	182		(d) If an application clearly indicates that the applicant
175	183		resides in another county, the registrar shall forward the
176	184		application to the other county's registrar not later than the
177	185		second day after the date the application is received [and, if the
178	186		other county is not contiguous, shall deliver written notice of
179	187		that action to the applicant not later than the seventh day after
180	188		the date the application is received]. The date of submission of a
181	189		completed application to the wrong registrar is considered to be
182	190		the date of submission to the proper registrar for purposes of
183	191		determining the effective date of the registration.
184	192		SECTION 13. Section 13.142(a), Election Code, is amended to
185	193		read as follows:
186	194		(a) After approval of a registration application, the
187	195		registrar shall:
188	196		(1) prepare a voter registration certificate [in
189	197		duplicate] and issue the original certificate to the applicant; and
190	198		(2) enter the applicant's county election precinct
191	199		number and registration number on the applicant's registration
192	200		application.
193	201		SECTION 14. Section 13.143(d-2), Election Code, is amended
194	202		to read as follows:
195	203		(d-2) For a registration application submitted by
196	204		telephonic facsimile machine to be effective, a copy of the
197	205		original registration application containing the voter's original
198	206		signature must be submitted by personal delivery or mail and be
199	207		received by the registrar not later than the fourth business day
200	208		after the transmission by telephonic facsimile machine is received.
201	209		SECTION 15. Section 15.001(a), Election Code, is amended to
202	210		read as follows:
203	211		(a) Each voter registration certificate issued must
204	212		contain:
205	213		(1) the voter's name in the form indicated by the
206	214		voter, subject to applicable requirements prescribed by Section
207	215		13.002 and by rule of the secretary of state;
208	216		(2) the voter's residence address or, if the residence
209	217		has no address, the address at which the voter receives mail and a
210	218		concise description of the location of the voter's residence;
211	219		(3) the [month, day, and] year of the voter's birth;
212	220		(4) the number of the county election precinct in
213	221		which the voter resides;
214	222		(5) the voter's effective date of registration if an
215	223		initial certificate;
216	224		(6) the voter's registration number;
217	225		(7) an indication of the period for which the
218	226		certificate is issued;
219	227		(8) a statement explaining the circumstances under
220	228		which the voter will receive a new certificate;
221	229		(9) a space for stamping the voter's political party
222	230		affiliation;
223	231		(10) a statement that voting with the certificate by a
224	232		person other than the person in whose name the certificate is issued
225	233		is a felony;
226	234		(11) a space for the voter's signature;
227	235		(12) a statement that the voter must sign the
228	236		certificate personally, if able to sign, immediately on receipt;
229	237		(13) a space for the voter to correct the information
230	238		on the certificate followed by a signature line;
231	239		(14) the statement: "If any information on this
232	240		certificate changes or is incorrect, correct the information in the
233	241		space provided, sign below, and return this certificate to the
234	242		voter registrar.";
235	243		(15) the registrar's mailing address and telephone
236	244		number; and
237	245		(16) the jurisdictional or distinguishing number for
238	246		the following territorial units in which the voter resides, as
239	247		determined by the voter registrar:
240	248		(A) congressional district;
241	249		(B) state senatorial district;
242	250		(C) state representative district;
243	251		(D) commissioners precinct;
244	252		(E) justice precinct;
245	253		(F) city election precinct; and
246	254		(G) school district election precinct.
247	255		SECTION 16. Section 15.022(a), Election Code, is amended to
248	256		read as follows:
249	257		(a) The registrar shall make the appropriate corrections in
250	258		the registration records, including, if necessary, deleting a
251	259		voter's name from the suspense list:
252	260		(1) after receipt of a notice of a change in
253	261		registration information under Section 15.021;
254	262		(2) after receipt of a voter's reply to a notice of
255	263		investigation given under Section 16.033;
256	264		(3) after receipt of any affidavits executed under
257	265		Section 63.006, following an election;
258	266		(4) after receipt of a voter's statement of residence
259	267		executed under Section 63.0011;
260	268		(5) before the effective date of the abolishment of a
261	269		county election precinct or a change in its boundary;
262	270		(6) after receipt of United States Postal Service
263	271		information indicating an address reclassification;
264	272		(7) after receipt of a voter's response under Section
265	273		15.053; [or]
266	274		(8) after receipt of a registration application or
267	275		change of address under Chapter 20; or
268	276		(9) after notification of a data entry error of which
269	277		the voter registrar is made aware under Section 63.0051.
270	278		SECTION 17. Section 15.023, Election Code, is amended to
271	279		read as follows:
272	280		Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
273	281		If the name of a voter [whose residence is changed] on the list of
274	282		registered voters [registration records to another county election
275	283		precinct in the same county] appears on the suspense list, the
276	284		voter's name shall be deleted from the list on the date the voter
277	285		provides:
278	286		(1) a completed application to register to vote in
279	287		accordance with Section 13.002; or
280	288		(2) a correction of information under Section
281	289		15.021(d) [voter's registration in the precinct of new residence
282	290		becomes effective].
283	291		SECTION 18. Section 15.051(d), Election Code, is amended to
284	292		read as follows:
285	293		(d) The registrar shall maintain with the voter's record an
286	294		indication that a confirmation notice was sent to the voter [a list
287	295		of the confirmation notices mailed to voters, which for each notice
288	296		must include the voter's name and the date the notice is mailed.
289	297		The registrar shall maintain and retain the list in accordance with
290	298		rules prescribed by the secretary of state].
291	299		SECTION 19. Section 15.053(a), Election Code, is amended to
292	300		read as follows:
293	301		(a) The [Not later than the 30th day after the date a
294	302		confirmation notice is mailed, the] voter shall submit to the
295	303		registrar a written, signed response to the notice that confirms
296	304		the voter's current residence. The response must contain all of the
297	305		information that a person must include in an application to
298	306		register to vote under Section 13.002.
299	307		SECTION 20. Section 15.082(b), Election Code, is amended to
300	308		read as follows:
301	309		(b) The [fee for each] list shall be provided in accordance
302	310		with Chapter 552, Government Code [or portion of a list furnished
303	311		under this section may not exceed the actual expense incurred in
304	312		reproducing the list or portion for the person requesting it and
305	313		shall be uniform for each type of copy furnished. The registrar
306	314		shall make reasonable efforts to minimize the reproduction
307	315		expenses].
308	316		SECTION 21. Section 16.031(a), Election Code, is amended to
309	317		read as follows:
310	318		(a) The registrar shall cancel a voter's registration
311	319		immediately on receipt of:
312	320		(1) notice under Section 13.072(b), [or] 15.021, or
313	321		18.0681(d) or a response under Section 15.053 that the voter's
314	322		residence is outside the county;
315	323		(2) an abstract of the voter's death certificate under
316	324		Section 16.001(a) or an abstract of an application indicating that
317	325		the voter is deceased under Section 16.001(b);
318	326		(3) an abstract of a final judgment of the voter's
319	327		total mental incapacity, partial mental incapacity without the
320	328		right to vote, conviction of a felony, or disqualification under
321	329		Section 16.002, 16.003, or 16.004;
322	330		(4) notice under Section 112.012 that the voter has
323	331		applied for a limited ballot in another county;
324	332		(5) notice from a voter registration official in
325	333		another state that the voter has registered to vote outside this
326	334		state;
327	335		(6) notice from the early voting clerk under Section
328	336		101.053 that a federal postcard application submitted by an
329	337		applicant states a voting residence address located outside the
330	338		registrar's county; or
331	339		(7) notice from the secretary of state that the voter
332	340		has registered to vote in another county, as determined by the
333	341		voter's driver's license number or personal identification card
334	342		number issued by the Department of Public Safety or social security
335	343		number.
336	344		SECTION 22. Section 16.032, Election Code, is amended to
337	345		read as follows:
338	346		Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
339	347		PERIOD. If on November 30 following the second general election for
340	348		state and county officers that occurs after the date the voter's
341	349		name is entered on the suspense list a registered voter's name
342	350		appears on the suspense list, the registrar shall cancel the
343	351		voter's registration unless the name is to be deleted from the list
344	352		under Section 15.022 or 15.023.
345	353		SECTION 23. Section 16.0921(a), Election Code, is amended
346	354		to read as follows:
347	355		(a) Except as provided by Subsection (c), on the filing of a
348	356		sworn statement under Section 16.092 alleging a ground based on
349	357		residence, the registrar shall promptly deliver to the voter whose
350	358		registration is challenged a confirmation notice in accordance with
351	359		Section 15.051, unless the residential address provided in the
352	360		challenge for the voter is different from the voter's current
353	361		residential address indicated on the registration records.
354	362		SECTION 24. Section 18.002(c), Election Code, is amended to
355	363		read as follows:
356	364		(c) An additional copy of each list shall be furnished for
357	365		use in early voting and as needed in order to ensure all voters
358	366		eligible to vote in an election appear correctly on the original
359	367		list.
360	368		SECTION 25. Section 18.003(c), Election Code, is amended to
361	369		read as follows:
362	370		(c) An additional copy of each list shall be furnished for
363	371		use in early voting and as needed in order to ensure all voters
364	372		eligible to vote in an election appear correctly on the original
365	373		list.
366	374		SECTION 26. Section 18.005(a), Election Code, is amended to
367	375		read as follows:
368	376		(a) Each original and supplemental list of registered
369	377		voters must:
370	378		(1) contain the voter's name, date of birth, and
371	379		registration number as provided by the statewide computerized voter
372	380		registration list;
373	381		(2) contain the voter's residence address, except as
374	382		provided by Subsections (b) and (c) [or Section 18.0051];
375	383		(3) be arranged alphabetically by voter name; and
376	384		(4) contain the notation required by Section 15.111.
377	385		SECTION 27. Sections 18.061(b) and (d), Election Code, are
378	386		amended to read as follows:
379	387		(b) The statewide computerized voter registration list
380	388		must:
381	389		(1) contain the name and registration information of
382	390		each voter registered in the state;
383	391		(2) assign a unique identifier to each registered
384	392		voter; and
385	393		(3) be available to any county election official in
386	394		the state through immediate electronic access.
387	395		(d) The secretary of state may contract with counties to
388	396		provide them with electronic data services to facilitate the
389	397		implementation and maintenance of the statewide computerized voter
390	398		registration list. The secretary shall use funds collected under
391	399		the contracts to defray expenses incurred in implementing and
392	400		maintaining the statewide computerized voter registration list.
393	401		SECTION 28. Section 18.0681(d), Election Code, is amended
394	402		to read as follows:
395	403		(d) If the secretary of state determines that a voter on the
396	404		registration list has more than one registration record on file
397	405		based on a strong match, the secretary shall send notice of the
398	406		determination to the voter registrar of the [each] county with the
399	407		oldest registration record in which the voter is registered to
400	408		vote. If the voter records identified are:
401	409		(1) located in the same county, the voter registrar
402	410		may merge the records following a determination that each record
403	411		belongs to the same voter using the procedure for the correction of
404	412		registration records under Section 15.022; or
405	413		(2) located in more than one county, the registrar of
406	414		the county with the oldest record may deliver a written
407	415		confirmation notice in accordance with Section 15.051 or cancel the
408	416		registration of the voter in accordance with Section 16.031(a)(1),
409	417		provided that the voter's record in the county with the newest
410	418		registration record is not on the suspense list.
411	419		SECTION 29. Section 18.069, Election Code, is amended to
412	420		read as follows:
413	421		Sec. 18.069. VOTING HISTORY. Not later than the 30th day
414	422		after the date of the primary, runoff primary, or general election
415	423		or any special election ordered by the governor, the general
416	424		custodian of election records [registrar] shall electronically
417	425		submit to the secretary of state the record of each voter
418	426		participating in the election. The record must include a notation
419	427		of whether the voter voted on election day, voted early by personal
420	428		appearance, voted early by mail under Chapter 86, or voted early by
421	429		mail under Chapter 101.
422		-	SECTION 30. The heading to Section 31.005, Election Code,
423		-	is amended to read as follows:
424		-	Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT.
425		-	SECTION 31. Section 31.005, Election Code, is amended by
426		-	amending Subsection (b) and adding Subsection (c) to read as
427		-	follows:
428		-	(b) The secretary of state may order [If the secretary
429		-	determines that] a person performing official functions in the
430		-	administration of any part of the electoral processes to correct
431		-	offending conduct if the secretary determines that the person is
432		-	exercising the powers vested in that person in a manner that:
433		-	(1) impedes the free exercise of a citizen's voting
434		-	rights; or
435		-	(2) unless acting under an order of a court of
436		-	competent jurisdiction, delays or cancels an election that the
437		-	person does not have specific statutory authority to delay or
438		-	cancel.
439		-	(c)[, the secretary may order the person to correct the
440		-	offending conduct.] If a [the] person described by Subsection (b)
441		-	fails to comply with an order from the secretary of state under this
442		-	section, the secretary may seek enforcement of the order by a
443		-	temporary restraining order or a writ of injunction or mandamus
444		-	obtained through the attorney general.
445		-	SECTION 32. Section 31.093(a), Election Code, is amended to
	430	+	SECTION 30. Section 31.093(a), Election Code, is amended to
446	431		read as follows:
447	432		(a) Subject to Section 41.001(d), if [If] requested to do so
448	433		by a political subdivision, the county elections administrator
449	434		shall enter into a contract to furnish the election services
450	435		requested, in accordance with a cost schedule agreed on by the
451	436		contracting parties.
452		-	SECTION 33. Section 31.096, Election Code, is amended to
	437	+	SECTION 31. Section 31.096, Election Code, is amended to
453	438		read as follows:
454	439		Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election
455	440		services contract may not change:
456	441		(1) the authority with whom applications of candidates
457	442		for a place on a ballot are filed;
458	443		(2) the authority with whom documents are filed under
459	444		Title 15; or
460	445		(3) the political subdivision's requirement to
461	446		maintain office hours under Section 31.122 [authority to serve as
462	447		custodian of voted ballots or other election records, except that a
463	448		contract with a political subdivision other than a city may provide
464	449		that the county election officer will be the custodian of voted
465	450		ballots].
466		-	SECTION 34. Section 31.124(a), Election Code, is amended to
	451	+	SECTION 32. Section 31.124(a), Election Code, is amended to
467	452		read as follows:
468	453		(a) A county election officer of each county shall hold a
469	454		meeting with the county chair of each political party to discuss, as
470	455		appropriate, the following for each primary election or general
471	456		election for state and county officers:
472	457		(1) the lists provided by each political party under
473	458		Section 85.009;
474	459		(2) the lists provided by each political party under
475	460		Section 87.002(c); [and]
476	461		(3) the implementation of Subchapters A, B, C, and D,
477	462		Chapter 87; and
478	463		(4) holding a joint primary, entering into an election
479	464		services contract, and polling place locations.
480		-	SECTION 35. Section 32.114(a), Election Code, is amended to
	465	+	SECTION 33. Section 32.114(a), Election Code, is amended to
481	466		read as follows:
482	467		(a) The county clerk shall provide one or more sessions of
483	468		training using the standardized training program and materials
484	469		developed and provided by the secretary of state under Section
485	470		32.111 for the election judges and clerks appointed to serve in
486	471		elections ordered by the governor or a county authority. Each
487	472		election judge shall complete the training program. The training
488	473		program must include specific procedures related to the early
489	474		voting ballot board and the central counting station, as
490	475		applicable. Each election clerk shall complete the part of the
491	476		training program relating to the acceptance and handling of the
492	477		identification presented by a voter to an election officer under
493	478		Section 63.001.
494		-	SECTION 36. Section 33.054, Election Code, is amended to
	479	+	SECTION 34. Section 33.054, Election Code, is amended to
495	480		read as follows:
496	481		Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
497	482		MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
498	483		watcher serving at the meeting place of an early voting ballot board
499	484		or signature verification committee may be present at any time the
500	485		board or committee is processing or counting ballots and until the
501	486		board or committee completes its duties. The watcher may serve
502	487		during the hours the watcher chooses, except as provided by
503	488		Subsection (b).
504	489		(b) A watcher serving at the meeting place of an early
505	490		voting ballot board may not leave during voting hours on election
506	491		day without the presiding judge's permission if the board has
507	492		recorded any votes cast on voting machines or counted any ballots,
508	493		unless the board has completed its duties and has been dismissed by
509	494		the presiding judge.
510		-	SECTION 37. Sections 41.001(a) and (b), Election Code, are
	495	+	SECTION 35. Sections 41.001(a) and (b), Election Code, are
511	496		amended to read as follows:
512	497		(a) Except as otherwise provided by this subchapter, each
513	498		general or special election in this state shall be held on one of
514	499		the following dates:
515	500		(1) the first Saturday in May in an odd-numbered year;
516	501		(2) the first Saturday in May in an even-numbered
517	502		year, for an election held by a political subdivision other than a
518	503		county, or ordered by the governor; or
519	504		(3) the first Tuesday after the first Monday in
520	505		November.
521	506		(b) Subsection (a) does not apply to:
522	507		(1) a runoff election;
523	508		(2) an election to resolve a tie vote;
524	509		(3) an election held under an order of a court or other
525	510		tribunal;
526	511		(4) an emergency election ordered under Section
527	512		41.0011 or any resulting runoff;
528	513		(5) an expedited election to fill a vacancy in the
529	514		legislature held under Section 203.013;
530	515		(6) an election held under a statute that expressly
531	516		provides that the requirement of Subsection (a) does not apply to
532	517		the election; or
533	518		(7) the initial election of the members of the
534	519		governing body of a newly incorporated city.
535		-	SECTION 38. Sections 43.007(a) and (m), Election Code, are
	520	+	SECTION 36. Sections 43.007(a) and (m), Election Code, are
536	521		amended to read as follows:
537	522		(a) The secretary of state shall implement a program to
538	523		allow each commissioners court participating in the program to
539	524		eliminate county election precinct polling places and establish
540	525		countywide polling places for:
541	526		(1) any election required to be conducted by the
542	527		county [each general election for state and county officers];
543	528		(2) any election held as part of a joint election
544	529		agreement with a county under Chapter 271 [each election held on the
545	530		uniform election date in May and any resulting runoff];
546	531		(3) any election held under contract for election
547	532		services with a county under Subchapter D, Chapter 31 [each
548	533		election on a proposed constitutional amendment];
549	534		(4) each primary election and runoff primary election
550	535		if:
551	536		(A) the county chair or county executive
552	537		committee of each political party participating in a joint primary
553	538		election under Section 172.126 agrees to the use of countywide
554	539		polling places; or
555	540		(B) the county chair or county executive
556	541		committee of each political party required to nominate candidates
557	542		by primary election agrees to use the same countywide polling
558	543		places; and
559	544		(5) each election of a political subdivision located
560	545		in the county that is held jointly with an election described by
561	546		Subdivision [(1), (2),] (3)[,] or (4).
562	547		(m) In adopting a methodology under Subsection (f), the
563	548		county must ensure that:
564	549		(1) each county commissioners precinct contains at
565	550		least one countywide polling place; and
566	551		(2) the total number of [permanent branch and
567	552		temporary branch] polling places open for voting in a county
568	553		commissioners precinct does not exceed more than twice the number
569	554		of [permanent branch and temporary branch] polling places in
570	555		another county commissioners precinct.
571		-	SECTION 39. Section 52.070, Election Code, is amended by
	556	+	SECTION 37. Section 52.070, Election Code, is amended by
572	557		amending Subsections (a), (b), and (e) and adding Subsection (f) to
573	558		read as follows:
574	559		(a) A shape [square] for voting shall be printed to the left
575	560		of each candidate's name on a ballot.
576	561		(b) Immediately below "OFFICIAL BALLOT," the following
577	562		instruction shall be printed: "Vote for the candidate of your
578	563		choice in each race by placing an 'X' or filling in the shape
579	564		[square] beside the candidate's name."
580	565		(e) A shape [square] shall be printed to the left of each
581	566		line provided for write-in voting under Section 52.066(c), but
582	567		failure to place a mark in the shape [square] does not affect the
583	568		counting of a write-in vote.
584	569		(f) Any variation from this instruction must be approved by
585	570		the secretary of state.
586		-	SECTION 40. Section 52.094(d), Election Code, is amended to
	571	+	SECTION 38. Section 52.094(d), Election Code, is amended to
587	572		read as follows:
588	573		(d) The [For an election held at county expense or a city
589	574		election, on receipt of a candidate's written request accompanied
590	575		by a stamped, self-addressed envelope, the authority conducting the
591	576		drawing shall mail written notice of the date, hour, and place of
592	577		the drawing to the candidate. For an election held by any other
593	578		political subdivision, the] authority conducting the drawing shall
594	579		provide [mail written] notice of the date, hour, and place of the
595	580		drawing to each candidate by:
596	581		(1) written notice:
597	582		(A) mailed to[, at] the address stated on the
598	583		candidate's application for a place on the ballot, not later than
599	584		the fourth day before the date of the drawing; or
600	585		(B) provided at the time the candidate files an
601	586		application with the appropriate authority;
602	587		(2) telephone, if a telephone number is provided on
603	588		the candidate's application for a place on the ballot; or
604	589		(3) e-mail, if an e-mail address is provided on the
605	590		candidate's application for a place on the ballot.
606		-	SECTION 41. Section 63.0011, Election Code, is amended by
607		-	adding Subsection (c-1) to read as follows:
608		-	(c-1) The statement described by Subsection (c) must
609		-	include a field for the voter to enter the voter's current county of
610		-	residence.
611		-	SECTION 42. Chapter 63, Election Code, is amended by adding
	591	+	SECTION 39. Chapter 63, Election Code, is amended by adding
612	592		Sections 63.005 and 63.0051 to read as follows:
613	593		Sec. 63.005. REGISTRATION OMISSIONS LIST. (a) A
614	594		registration omissions list shall be maintained by an election
615	595		officer at the polling place.
616	596		(b) With respect to each voter who is accepted for voting
617	597		but whose name is not on the list of registered voters for the
618	598		precinct in which the voter is accepted, the election officer shall
619	599		record:
620	600		(1) the voter's name, residence address, and voter
621	601		registration number, if known; and
622	602		(2) a notation of the section of this code under which
623	603		the voter is accepted that provides for accepting voters who are not
624	604		on the list.
625	605		Sec. 63.0051. CONFIRMING REGISTRATION STATUS OF VOTER. (a)
626	606		If the name of a voter who is offering to vote is not on the precinct
627	607		list of registered voters, an election officer may contact the
628	608		voter registrar regarding the voter's registration status.
629	609		(b) If the election officer determines the voter is a
630	610		registered voter of the territory covered by the election but is
631	611		offering to vote in the incorrect precinct, the election officer
632	612		shall provide the correct precinct location information to the
633	613		voter.
634	614		(c) Notwithstanding Section 63.009, a voter shall be
635	615		accepted for voting if the voter's identity has been verified from
636	616		documentation as required by Section 63.001(b) and it can be
637	617		determined from the voter registrar that:
638	618		(1) the voter's registration was improperly canceled
639	619		and has been reinstated under Section 16.037;
640	620		(2) an error in the voter registration record caused
641	621		the voter's name to not appear on the list of registered voters, and
642	622		the error has been corrected under Section 15.022; or
643	623		(3) the voter's name has been inadvertently left off
644	624		the list of registered voters for the precinct.
645	625		(d) After the voter is accepted under Subsection (c), an
646	626		election officer shall enter the voter's name on the registration
647	627		omissions list.
648	628		(e) The voter shall be accepted for provisional voting under
649	629		Section 63.011 if the election officer cannot determine that the
650	630		voter is a registered voter of the territory covered by the election
651	631		in which the voter is offering to vote.
652		-	SECTION 43. Section 65.052, Election Code, is amended to
	632	+	SECTION 40. Section 65.052, Election Code, is amended to
653	633		read as follows:
654	634		Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of
655	635		state shall prescribe procedures by which the voter registrar of
656	636		the county in which a provisional ballot is cast shall provide
657	637		assistance to the early voting ballot board in executing its
658	638		authority under this subchapter. In an election described by
659	639		Section 65.051(a-1), the procedures must allow for 10 [seven]
660	640		calendar days for the voter registrar to review a provisional
661	641		voter's eligibility.
662		-	SECTION 44. Subchapter B, Chapter 65, Election Code, is
	642	+	SECTION 41. Subchapter B, Chapter 65, Election Code, is
663	643		amended by adding Section 65.0581 to read as follows:
664	644		Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING
665	645		RECORDS. Provisional voting records are not available for public
666	646		inspection until the first business day after the date the early
667	647		voting ballot board completes the verification and counting of
668	648		provisional ballots under Section 65.051 and delivers the
669	649		provisional ballots and other provisional voting records to the
670	650		general custodian of election records.
671		-	SECTION 45. Chapter 82, Election Code, is amended by adding
	651	+	SECTION 42. Chapter 82, Election Code, is amended by adding
672	652		Section 82.008 to read as follows:
673	653		Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified
674	654		voter is eligible for early voting by mail if, at the time the
675	655		voter's early voting ballot application is submitted, the voter is
676	656		a person who is civilly committed as a sexually violent predator
677	657		under Chapter 841, Health and Safety Code, and is ordered as a
678	658		condition of civil commitment to reside in a facility operated by or
679	659		under contract with the Texas Civil Commitment Office.
680		-	SECTION 46. Section 83.010, Election Code, is amended to
	660	+	SECTION 43. Section 83.010, Election Code, is amended to
681	661		read as follows:
682	662		Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
683	663		election order and the election notice must state the early voting
684	664		clerk's official mailing address or street address at which the
685	665		clerk may receive delivery by common or contract carrier, if
686	666		different, phone number, e-mail address, and Internet website, if
687	667		the early voting clerk has an Internet website[, except for an
688	668		election in which a county clerk or city secretary is the early
689	669		voting clerk under Section 83.002 or 83.005].
690		-	SECTION 47. Section 84.002(a), Election Code, is amended to
	670	+	SECTION 44. Section 84.002(a), Election Code, is amended to
691	671		read as follows:
692	672		(a) An early voting ballot application must include:
693	673		(1) the applicant's name and the address at which the
694	674		applicant is registered to vote;
695	675		(2) for an application for a ballot to be voted by mail
696	676		on the ground of absence from the county of residence, the address
697	677		outside the applicant's county of residence to which the ballot is
698	678		to be mailed;
699	679		(3) for an application for a ballot to be voted by mail
700	680		on the ground of age or disability, the address of the hospital,
701	681		nursing home or other long-term care facility, or retirement
702	682		center, or of a person related to the applicant within the second
703	683		degree by affinity or the third degree by consanguinity, as
704	684		determined under Chapter 573, Government Code, if the applicant is
705	685		living at that address and that address is different from the
706	686		address at which the applicant is registered to vote;
707	687		(4) for an application for a ballot to be voted by mail
708	688		on the ground of confinement in jail, the address of the jail or of a
709	689		person related to the applicant within the degree described by
710	690		Subdivision (3);
711	691		(5) for an application for a ballot to be voted by mail
712	692		on any ground, an indication of each election for which the
713	693		applicant is applying for a ballot; [and]
714	694		(6) an indication of the ground of eligibility for
715	695		early voting; and
716	696		(7) for an application for a ballot to be voted by mail
717	697		on the ground of involuntary civil commitment, the address of the
718	698		facility operated by or under contract with the Texas Civil
719	699		Commitment Office or of a person related to the applicant within the
720	700		degree of consanguinity described by Subdivision (3).
721		-	SECTION 48. Section 84.007(e), Election Code, is amended to
	701	+	SECTION 45. Section 84.007(e), Election Code, is amended to
722	702		read as follows:
723	703		(e) The early voting clerk shall designate an e-mail address
724	704		for receipt of an application under Subsection (b)(4). The
725	705		secretary of state shall include the e-mail address designated by
726	706		each early voting clerk [addresses] on the secretary of state's
727	707		website.
728		-	SECTION 49. Section 84.008(a), Election Code, is amended to
	708	+	SECTION 46. Section 84.008(a), Election Code, is amended to
729	709		read as follows:
730	710		(a) Except as otherwise provided by this code, an [An]
731	711		applicant for a ballot to be voted by mail may submit the
732	712		application by delivering it in person to the early voting clerk if
733	713		the application is submitted not later than the deadline provided
734	714		by Section 84.007(c) [close of regular business in the clerk's
735	715		office on the day before the first day of the period for early
736	716		voting by personal appearance].
737		-	SECTION 50. Section 84.011(a), Election Code, is amended to
	717	+	SECTION 47. Section 84.011(a), Election Code, is amended to
738	718		read as follows:
739	719		(a) The officially prescribed application form for an early
740	720		voting ballot must include:
741	721		(1) immediately preceding the signature space the
742	722		statement: "I certify that the information given in this
743	723		application is true, and I understand that giving false information
744	724		in this application is a crime.";
745	725		(2) a statement informing the applicant of the
746	726		offenses prescribed by Sections 84.003 and 84.004;
747	727		(3) spaces for entering an applicant's voter
748	728		registration number and county election precinct of registration,
749	729		with a statement informing the applicant that failure to furnish
750	730		that information does not invalidate the application; and
751	731		(4) on an application for a ballot to be voted by mail:
752	732		(A) a space for an applicant applying on the
753	733		ground of absence from the county of residence to indicate the date
754	734		on or after which the applicant can receive mail at the address
755	735		outside the county;
756	736		(B) a space for indicating the fact that an
757	737		applicant whose application is signed by a witness cannot make the
758	738		applicant's mark and a space for indicating the relationship or
759	739		lack of relationship of the witness to the applicant;
760	740		(C) a space for entering an applicant's telephone
761	741		number, with a statement informing the applicant that failure to
762	742		furnish that information does not invalidate the application;
763	743		(D) a space or box for an applicant applying on
764	744		the ground of age or disability to indicate that the address to
765	745		which the ballot is to be mailed is the address of a facility or
766	746		relative described by Section 84.002(a)(3), if applicable;
767	747		(E) a space or box for an applicant applying on
768	748		the ground of confinement in jail or involuntary civil commitment
769	749		to indicate that the address to which the ballot is to be mailed is
770	750		the address of a relative described by Section 84.002(a)(4) or (7),
771	751		if applicable;
772	752		(F) a space for an applicant applying on the
773	753		ground of age or disability to indicate if the application is an
774	754		application under Section 86.0015;
775	755		(G) spaces for entering the signature, printed
776	756		name, and residence address of any person assisting the applicant;
777	757		(H) a statement informing the applicant of the
778	758		condition prescribed by Section 81.005; and
779	759		(I) a statement informing the applicant of the
780	760		requirement prescribed by Section 86.003(c).
781		-	SECTION 51. Section 85.004, Election Code, is amended to
	761	+	SECTION 48. Section 85.004, Election Code, is amended to
782	762		read as follows:
783	763		Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
784	764		The election order and the election notice must designate and state
785	765		the location of the main early voting polling place.
786		-	SECTION 52. Section 85.007(d), Election Code, is amended to
	766	+	SECTION 49. Section 85.007(d), Election Code, is amended to
787	767		read as follows:
788	768		(d) Any notice required under this section must also be
789	769		posted:
790	770		(1) on the Internet website of the authority ordering
791	771		the election, if the authority maintains a website; and
792	772		(2) for a primary election or the general election for
793	773		state and county officers, by the secretary of state on the
794	774		secretary's Internet website.
795		-	SECTION 53. Section 85.062(d), Election Code, is amended to
	775	+	SECTION 50. Section 85.062(d), Election Code, is amended to
796	776		read as follows:
797	777		(d) In a primary election, the general election for state
798	778		and county officers, or a special election to fill a vacancy in the
799	779		legislature or in congress:
800	780		(1) the commissioners court of a county with a
801	781		population of 400,000 or more shall establish one or more early
802	782		voting polling places other than the main early voting polling
803	783		place in each state representative district containing territory
804	784		covered by the election, except that the polling place or places
805	785		shall be established in the state senatorial or congressional
806	786		district, as applicable, in a special election to fill a vacancy in
807	787		the office of state senator or United States representative;
808	788		(2) the commissioners court of a county with a
809	789		population of 120,000 or more but less than 400,000 shall establish
810	790		one or more early voting polling places other than the main early
811	791		voting polling place in each commissioners precinct containing
812	792		territory covered by the election; and
813	793		(3) the early voting clerk [commissioners court] of a
814	794		county with a population of 100,000 or more but less than 120,000
815	795		shall establish one or more early voting polling places as
816	796		described by Subdivision (2) in each precinct for which the early
817	797		voting clerk [commissioners court] receives in time to enable
818	798		compliance with Section 85.067 a written request for that action
819	799		submitted by at least 15 registered voters of that precinct.
820		-	SECTION 54. The heading to Section 85.064, Election Code,
821		-	is amended to read as follows:
822		-	Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
823		-	POPULOUS COUNTY.
824		-	SECTION 55. Section 85.064, Election Code, is amended by
825		-	adding Subsection (a) to read as follows:
826		-	(a) This section applies only to an election in which the
827		-	territory served by the early voting clerk is situated in a county
828		-	with a population of 100,000 or more. In an election in which the
829		-	territory served by the clerk is situated in more than one county,
830		-	this section applies if the sum of the populations of the counties
831		-	is 100,000 or more.
832		-	SECTION 56. Subchapter C, Chapter 85, Election Code, is
833		-	amended by adding Section 85.065 to read as follows:
834		-	Sec. 85.065. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
835		-	LESS POPULOUS COUNTY. (a) This section applies only to an election
836		-	in which the territory served by the early voting clerk is situated
837		-	in a county with a population under 100,000. In an election in which
838		-	the territory served by the clerk is situated in more than one
839		-	county, this section applies if the sum of the populations of the
840		-	counties is under 100,000.
841		-	(b) Except as provided by Subsection (c), voting at a
842		-	temporary branch polling place may be conducted on any days and
843		-	during any hours of the period for early voting by personal
844		-	appearance, as determined by the authority establishing the branch.
845		-	The authority authorized under Section 85.006 to order early voting
846		-	on a Saturday or Sunday may also order, in the manner prescribed by
847		-	that section, early voting to be conducted on a Saturday or Sunday
848		-	at any one or more of the temporary branch polling places.
849		-	(c) Voting at a temporary branch polling place must be
850		-	conducted on at least two consecutive business days and for at least
851		-	eight consecutive hours on each of those days.
852		-	(d) The schedules for conducting voting are not required to
853		-	be uniform among the temporary branch polling places.
854		-	SECTION 57. Section 85.068(a), Election Code, is amended to
855		-	read as follows:
856		-	(a) The early voting clerk shall post notice for each
857		-	election stating any dates and the hours that voting on Saturday or
858		-	Sunday will be conducted under Section 85.064(d) or 85.065(b), if
859		-	the early voting clerk is a county clerk or city secretary under
860		-	Section 83.002 or 83.005.
861		-	SECTION 58. Section 86.0015(c), Election Code, is amended
	800	+	SECTION 51. Section 86.0015(c), Election Code, is amended
862	801		to read as follows:
863	802		(c) In an election of a political subdivision located in a
864	803		county in which the county clerk is not the early voting clerk, the
865	804		county clerk shall provide the early voting clerk of the political
866	805		subdivision that is holding the election a list of voters in the
867	806		portion of the political subdivision located in the county who have
868	807		ballot applications on file under this section along with copies of
869	808		the applications submitted by those voters. The early voting clerk
870	809		shall provide a ballot to be voted by mail to each voter on the list
871	810		for whom the early voting clerk received a copy of an application
872	811		submitted under this section.
873		-	SECTION 59. Section 86.002(f), Election Code, is amended to
	812	+	SECTION 52. Section 86.002(f), Election Code, is amended to
874	813		read as follows:
875	814		(f) The clerk shall include with the balloting materials:
876	815		(1) a notice of the clerk's physical address for
877	816		purposes of return by common or contract carrier or personal
878	817		delivery in accordance with Section 86.006(a-1); and
879	818		(2) the list of declared write-in candidates for the
880	819		election, if applicable.
881		-	SECTION 60. Sections 86.003(c) and (d), Election Code, are
	820	+	SECTION 53. Sections 86.003(c) and (d), Election Code, are
882	821		amended to read as follows:
883	822		(c) The address to which the balloting materials must be
884	823		addressed is the address at which the voter is registered to vote,
885	824		or the registered mailing address if different, unless the ground
886	825		for voting by mail is:
887	826		(1) absence from the county of residence, in which
888	827		case the address must be an address outside the voter's county of
889	828		residence;
890	829		(2) confinement in jail, in which case the address
891	830		must be the address of the jail or of a relative described by
892	831		Section 84.002(a)(4); [or]
893	832		(3) age or disability and the voter is living at a
894	833		hospital, nursing home or other long-term care facility, or
895	834		retirement center, or with a relative described by Section
896	835		84.002(a)(3), in which case the address must be the address of that
897	836		facility or relative; or
898	837		(4) involuntary civil commitment, in which case the
899	838		address must be the address of the facility or of a relative
900	839		described by Section 84.002(a)(7).
901	840		(d) If the applicable address specified in a voter's
902	841		application is an address other than that prescribed by Subsection
903	842		(c) or subject to Section 86.002(a), the voter's application shall
904	843		be rejected in accordance with Section 86.001(c).
905		-	SECTION 61. Section 86.009, Election Code, is amended by
	844	+	SECTION 54. Section 86.009, Election Code, is amended by
906	845		amending Subsection (e) and adding Subsection (f) to read as
907	846		follows:
908	847		(e) Except as provided by Subsection (f), a [A] voter's
909	848		defective ballot that is timely returned to the clerk as a marked
910	849		ballot shall be treated as:
911	850		(1) a marked ballot not timely returned if the
912	851		corrected ballot is timely returned as a marked ballot by the close
913	852		of the polls on election day; or
914	853		(2) as the voter's ballot for the election if the
915	854		corrected ballot is not timely returned by the close of the polls on
916	855		election day.
917	856		(f) A ballot to be voted by mail under Chapter 101 corrected
918	857		under this section may be counted if it is timely returned as
919	858		required by Section 101.057.
920		-	SECTION 62. Section 87.0222(a), Election Code, is amended
	859	+	SECTION 55. Section 87.0222(a), Election Code, is amended
921	860		to read as follows:
922	861		(a) Notwithstanding Section 87.024, in an election
923	862		conducted by an authority of a county with a population of 100,000
924	863		or more, or conducted jointly with such a county or conducted with
925	864		such a county through a contract for election services, the jacket
926	865		envelopes containing the early voting ballots voted by mail may be
927	866		delivered to the board between the end of the ninth day before the
928	867		last day of the period for early voting by personal appearance and
929	868		the closing of the polls on election day, or as soon after closing
930	869		as practicable, at the time or times specified by the presiding
931	870		judge of the board.
932		-	SECTION 63. Section 87.0241(b), Election Code, is amended
	871	+	SECTION 56. Section 87.0241(b), Election Code, is amended
933	872		to read as follows:
934	873		(b) The board may not count early voting ballots until:
935	874		(1) the polls open on election day; or
936	875		(2) in an election conducted by an authority of a
937	876		county with a population of 100,000 or more, or conducted jointly
938	877		with such a county or conducted with such a county through a
939	878		contract for election services, the end of the period for early
940	879		voting by personal appearance.
941		-	SECTION 64. Section 101.001, Election Code, is amended to
	880	+	SECTION 57. Section 101.001, Election Code, is amended to
942	881		read as follows:
943	882		Sec. 101.001. ELIGIBILITY. A person is eligible for early
944	883		voting by mail as provided by this chapter if:
945	884		(1) the person is qualified to vote in this state or,
946	885		if not registered to vote in this state, would be qualified if
947	886		registered; and
948	887		(2) the person is:
949	888		(A) a member of the armed forces of the United
950	889		States, or the spouse or a dependent of a member;
951	890		(B) a member of the merchant marine of the United
952	891		States, or the spouse or a dependent of a member;
953	892		(B-1) a member of the Texas National Guard or the
954	893		National Guard of another state or a member of a reserve component
955	894		of the armed forces of the United States serving on active duty
956	895		under an order of the president of the United States or activated on
957	896		state orders, or the spouse or dependent of a member; or
958	897		(C) domiciled in this state but temporarily
959	898		living outside the territorial limits of the United States and the
960	899		District of Columbia.
961		-	SECTION 65. Section 101.003(1), Election Code, is amended
	900	+	SECTION 58. Section 101.003(1), Election Code, is amended
962	901		to read as follows:
963	902		(1) "Federal postcard application" means an
964	903		application for a ballot to be voted under this chapter submitted on
965	904		the official federal form prescribed under the federal Uniformed
966	905		and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
967	906		through 20311) [(42 U.S.C. Section 1973ff et seq.)].
968		-	SECTION 66. Section 101.008, Election Code, is amended to
	907	+	SECTION 59. Section 101.008, Election Code, is amended to
969	908		read as follows:
970	909		Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
971	910		secretary of state, in coordination with county [local] election
972	911		officials, shall implement an electronic free-access system by
973	912		which a person eligible for early voting by mail under this chapter
974	913		or Chapter 114 may determine by telephone, by e-mail, or over the
975	914		Internet whether:
976	915		(1) the person's federal postcard application or other
977	916		registration or ballot application has been received and accepted;
978	917		and
979	918		(2) the person's ballot has been received and the
980	919		current status of the ballot.
981		-	SECTION 67. Sections 101.052(a-1) and (c), Election Code,
	920	+	SECTION 60. Sections 101.052(a-1) and (c), Election Code,
982	921		are amended to read as follows:
983	922		(a-1) A federal postcard application must be submitted by:
984	923		(1) mail; [or]
985	924		(2) electronic transmission of an image of the
986	925		application under procedures prescribed by the secretary of state;
987	926		(3) in-person delivery in accordance with Section
988	927		84.008; or
989	928		(4) common or contract carrier.
990	929		(c) An application is considered submitted in the following
991	930		calendar year for purposes of this section if:
992	931		(1) the applicant is eligible to vote in an election
993	932		occurring in January or February of the next calendar year; and
994	933		(2) the application is submitted in the last 60 days of
995	934		a calendar year but not earlier than the 60th day before the date of
996	935		the January or February election [A federal postcard application
997	936		requesting a ballot for an election to be held in January or
998	937		February may be submitted in the preceding calendar year but not
999	938		earlier than the earliest date for submitting a regular application
1000	939		for a ballot to be voted by mail].
1001		-	SECTION 68. Section 101.054(c), Election Code, is amended
	940	+	SECTION 61. Section 101.054(c), Election Code, is amended
1002	941		to read as follows:
1003	942		(c) An application shall be treated as if it requests a
1004	943		ballot for a runoff election that results from an election for which
1005	944		a ballot is requested, including a runoff election that occurs in
1006	945		the next calendar year.
1007		-	SECTION 69. Section 101.056(a), Election Code, is amended
	946	+	SECTION 62. Section 101.056(a), Election Code, is amended
1008	947		to read as follows:
1009	948		(a) The balloting materials provided under this subchapter
1010	949		shall be airmailed to the voter free of United States postage, as
1011	950		provided by the federal Uniformed and Overseas Citizens Absentee
1012	951		Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
1013	952		Section 1973ff et seq.)], in an envelope labeled "Official Election
1014	953		Balloting Material - via Airmail." The secretary of state shall
1015	954		provide early voting clerks with instructions on compliance with
1016	955		this subsection.
1017		-	SECTION 70. Section 101.057(b), Election Code, is amended
	956	+	SECTION 63. Section 101.057(b), Election Code, is amended
1018	957		to read as follows:
1019	958		(b) A ballot voted by a voter described by Section
1020	959		101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
1021	960		arrives at the address on the carrier envelope not later than the
1022	961		sixth day after the date of the election, except that if that date
1023	962		falls on a Saturday, Sunday, or legal state or national holiday,
1024	963		then the deadline is extended to the next regular business day.
1025		-	SECTION 71. Section 101.058, Election Code, is amended to
	964	+	SECTION 64. Section 101.058, Election Code, is amended to
1026	965		read as follows:
1027	966		Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
1028	967		prescribed carrier envelope for voting under this subchapter shall
1029	968		be prepared so that it can be mailed free of United States postage,
1030	969		as provided by the federal Uniformed and Overseas Citizens Absentee
1031	970		Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
1032	971		Section 1973ff et seq.)], and must contain the label prescribed by
1033	972		Section 101.056(a) for the envelope in which the balloting
1034	973		materials are sent to a voter. The secretary of state shall provide
1035	974		early voting clerks with instructions on compliance with this
1036	975		section.
1037		-	SECTION 72. Section 101.102(b), Election Code, is amended
	976	+	SECTION 65. Section 101.102(b), Election Code, is amended
1038	977		to read as follows:
1039	978		(b) The early voting clerk shall grant a request made under
1040	979		this section for the e-mail transmission of balloting materials if:
1041	980		(1) the requestor has submitted a valid federal
1042	981		postcard application and:
1043	982		(A) if the requestor is a person described by
1044	983		Section 101.001(2)(C), has provided a current mailing address that
1045	984		is located outside the United States; or
1046	985		(B) if the requestor is a person described by
1047	986		Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
1048	987		mailing address that is located outside the requestor's county of
1049	988		residence;
1050	989		(2) the requestor provides an e-mail address:
1051	990		(A) that corresponds to the address on file with
1052	991		the requestor's federal postcard application; or
1053	992		(B) stated on a newly submitted federal postcard
1054	993		application;
1055	994		(3) the request is submitted on or before the deadline
1056	995		prescribed by Section 84.007 [seventh day before the date of the
1057	996		election]; and
1058	997		(4) a marked ballot for the election from the
1059	998		requestor has not been received by the early voting clerk.
1060		-	SECTION 73. Section 101.107(a), Election Code, is amended
	999	+	SECTION 66. Section 101.107(a), Election Code, is amended
1061	1000		to read as follows:
1062	1001		(a) A voter described by Section 101.001(2)(A), [or] (B), or
1063	1002		(B-1) must be voting from outside the voter's county of residence.
1064	1003		A voter described by Section 101.001(2)(C) must be voting from
1065	1004		outside the United States.
1066		-	SECTION 74. Section 102.002, Election Code, is amended to
	1005	+	SECTION 67. Section 102.002, Election Code, is amended to
1067	1006		read as follows:
1068	1007		Sec. 102.002. CONTENTS OF APPLICATION. An application for
1069	1008		a late ballot must comply with the applicable provisions of Section
1070	1009		84.002 and must include or be accompanied by a certificate of a
1071	1010		licensed physician or chiropractor or accredited Christian Science
1072	1011		practitioner in substantially the following form:
1073	1012		"This is to certify that I know that __________ has a sickness
1074	1013		or physical condition that will prevent him or her from appearing at
1075	1014		the polling place for an election to be held on the __________ day
1076	1015		of __________, 20 [19]___, without a likelihood of needing personal
1077	1016		assistance or of injuring his or her health and that the sickness or
1078	1017		physical condition originated on or after __________.
1079	1018		"Witness my hand at __________, Texas, this __________ day of
1080	1019		__________, 20 [19]___.
1081	1020		________________________________
1082	1021		(signature of physician,
1083	1022		chiropractor, or practitioner)"
1084		-	SECTION 75. Section 113.003, Election Code, is amended to
	1023	+	SECTION 68. Section 113.003, Election Code, is amended to
1085	1024		read as follows:
1086	1025		Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
1087	1026		application for a presidential ballot to be voted by mail must be
1088	1027		submitted to the early voting clerk serving the county of the
1089	1028		applicant's most recent registration to vote by the deadline
1090	1029		prescribed by Section 84.007.
1091		-	SECTION 76. Section 141.032(g), Election Code, is amended
	1030	+	SECTION 69. Section 141.032(g), Election Code, is amended
1092	1031		to read as follows:
1093	1032		(g) Except as otherwise provided by this code [After the
1094	1033		filing deadline]:
1095	1034		(1) a candidate may not amend an application filed
1096	1035		under Section 141.031; and
1097	1036		(2) the authority with whom the application is filed
1098	1037		may not accept an amendment to an application filed under Section
1099	1038		141.031.
1100		-	SECTION 77. Section 141.034(a), Election Code, is amended
	1039	+	SECTION 70. Section 141.034(a), Election Code, is amended
1101	1040		to read as follows:
1102	1041		(a) An application for a place on the ballot may not be
1103	1042		challenged for compliance with the applicable requirements as to
1104	1043		form, content, and procedure after the 50th day before the date of
1105	1044		[day before any ballot to be voted early by mail is mailed to an
1106	1045		address in the authority's jurisdiction for] the election for which
1107	1046		the application is made.
1108		-	SECTION 78. The heading to Section 141.040, Election Code,
	1047	+	SECTION 71. The heading to Section 141.040, Election Code,
1109	1048		is amended to read as follows:
1110	1049		Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.
1111		-	SECTION 79. Section 141.040, Election Code, is amended by
	1050	+	SECTION 72. Section 141.040, Election Code, is amended by
1112	1051		adding Subsection (c) to read as follows:
1113	1052		(c) An authority shall designate an e-mail address in the
1114	1053		notice required by this section for the purpose of filing an
1115	1054		application for a place on the ballot under Section 143.004.
1116		-	SECTION 80. Section 141.063, Election Code, is amended by
	1055	+	SECTION 73. Section 141.063, Election Code, is amended by
1117	1056		adding Subsection (e) to read as follows:
1118	1057		(e) The signer's residence address and registration address
1119	1058		are not required to be the same if the signer would otherwise be
1120	1059		able to vote for that office under Section 11.004 or 112.002.
1121		-	SECTION 81. Chapter 141, Election Code, is amended by
	1060	+	SECTION 74. Chapter 141, Election Code, is amended by
1122	1061		adding Subchapter D, and a heading is added to that subchapter to
1123	1062		read as follows:
1124	1063		SUBCHAPTER D. COERCION OF CANDIDACY
1125		-	SECTION 82. Section 2.054, Election Code, is transferred to
	1064	+	SECTION 75. Section 2.054, Election Code, is transferred to
1126	1065		Subchapter D, Chapter 141, Election Code, as added by this Act,
1127	1066		redesignated as Section 141.101, Election Code, and amended to read
1128	1067		as follows:
1129	1068		Sec. 141.101 [2.054]. COERCION AGAINST CANDIDACY
1130	1069		PROHIBITED. (a) A [In an election that may be subject to this
1131	1070		subchapter, a] person commits an offense if by intimidation or by
1132	1071		means of coercion the person influences or attempts to influence a
1133	1072		person to:
1134	1073		(1) not file an application for a place on the ballot
1135	1074		or a declaration of write-in candidacy; or
1136	1075		(2) withdraw as a candidate.
1137	1076		(b) In this section, "coercion" has the meaning assigned by
1138	1077		Section 1.07, Penal Code.
1139	1078		(c) An offense under this section is a Class A misdemeanor
1140	1079		unless the intimidation or coercion is a threat to commit a felony,
1141	1080		in which event it is a felony of the third degree.
1142		-	SECTION 83. Section 143.004, Election Code, is amended to
	1081	+	SECTION 76. Section 143.004, Election Code, is amended to
1143	1082		read as follows:
1144	1083		Sec. 143.004. APPLICATION REQUIRED. (a) Subject to
1145	1084		Section 143.005, to be entitled to a place on the ballot, a
1146	1085		candidate must make an application for a place on the ballot.
1147	1086		(b) An application, other than an application required to be
1148	1087		accompanied by fee, may be filed through e-mail transmission of the
1149	1088		completed application in a scanned format to the e-mail address
1150	1089		designated by the filing authority in the notice required under
1151	1090		Section 141.040.
1152		-	SECTION 84. Section 144.003(a), Election Code, is amended
	1091	+	SECTION 77. Section 144.003(a), Election Code, is amended
1153	1092		to read as follows:
1154	1093		(a) Except as otherwise provided by law, to be entitled to a
1155	1094		place on the ballot, a candidate must make an application for a
1156	1095		place on the ballot. An application, other than an application
1157	1096		required to be accompanied by fee, may be filed through e-mail
1158	1097		transmission of the completed application in a scanned format to
1159	1098		the e-mail address designated by the filing authority in the notice
1160	1099		required under Section 141.040.
1161		-	SECTION 85. Section 145.003, Election Code, is amended by
	1100	+	SECTION 78. Section 145.003, Election Code, is amended by
1162	1101		adding Subsection (j) to read as follows:
1163	1102		(j) This section does not apply to a challenge on an
1164	1103		application under Section 141.034.
1165		-	SECTION 86. Section 192.033(d), Election Code, is amended
	1104	+	SECTION 79. Section 192.033(d), Election Code, is amended
1166	1105		to read as follows:
1167	1106		(d) In conjunction with the certification required under
1168	1107		Subsection (a), the secretary of state shall include appropriate
1169	1108		ballot translation language, as applicable, for each language
1170	1109		certified statewide or in a specific county by the director of the
1171	1110		census under the federal Voting Rights Act (52 U.S.C. Section
1172	1111		10503) [42 U.S.C. Section 1973aa-1a].
1173		-	SECTION 87. Subchapter B, Chapter 201, Election Code, is
	1112	+	SECTION 80. Subchapter B, Chapter 201, Election Code, is
1174	1113		amended by adding Section 201.030 to read as follows:
1175	1114		Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For
1176	1115		cities conducting recall elections, a vacancy in the officer's
1177	1116		office occurs on the date of the final canvass of a successful
1178	1117		recall election.
1179		-	SECTION 88. Section 203.004(b), Election Code, is amended
	1118	+	SECTION 81. Section 203.004(b), Election Code, is amended
1180	1119		to read as follows:
1181	1120		(b) If the election is to be held as an emergency election,
1182	1121		it shall be held on a Tuesday or Saturday occurring on or after the
1183	1122		36th day and on or before the 64th [50th] day after the date the
1184	1123		election is ordered.
1185		-	SECTION 89. Section 212.001, Election Code, is amended to
	1124	+	SECTION 82. Section 212.001, Election Code, is amended to
1186	1125		read as follows:
1187	1126		Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
1188	1127		recount document submitted under this title must:
1189	1128		(1) be in writing;
1190	1129		(2) identify the office or measure for which a recount
1191	1130		is desired;
1192	1131		(3) state the grounds for the recount;
1193	1132		(4) state the side of the measure that the person
1194	1133		requesting the recount represents, if applicable;
1195	1134		(5) identify the election precincts, grouped by county
1196	1135		or other appropriate territorial unit if the election involves more
1197	1136		than one local canvassing authority, for which a recount is desired
1198	1137		and must indicate the method of voting used in each precinct;
1199	1138		(6) be signed by:
1200	1139		(A) the person requesting the recount or, if
1201	1140		there is more than one, any one or more of them; or
1202	1141		(B) an agent of the person requesting the
1203	1142		recount;
1204	1143		(7) state each requesting person's name, residence
1205	1144		address, and, if authorization to obtain the recount is based on
1206	1145		eligibility to vote in the election, voter registration number, and
1207	1146		county of registration if the election covers territory in more
1208	1147		than one county;
1209	1148		(8) designate an agent who is a resident of this state
1210	1149		to receive notice under this title on behalf of the person
1211	1150		requesting the recount if:
1212	1151		(A) the person requesting the recount is not a
1213	1152		resident of this state; or
1214	1153		(B) there is more than one person requesting the
1215	1154		recount;
1216	1155		(9) state the mailing address and at least one
1217	1156		telephone number, if any, at which the person requesting the
1218	1157		recount or an agent, identified by name, may receive notice given
1219	1158		under this title;
1220	1159		(10) state the mailing address, e-mail address, if
1221	1160		any, and at least one telephone number, if any, at which the
1222	1161		opposing candidates for the office or their agents, identified by
1223	1162		name, may receive notice given under this title; and
1224	1163		(11) be accompanied by a deposit as provided by
1225	1164		Subchapter E.
1226		-	SECTION 90. Section 212.002(b), Election Code, is amended
	1165	+	SECTION 83. Section 212.002(b), Election Code, is amended
1227	1166		to read as follows:
1228	1167		(b) The designation is not effective unless the document
1229	1168		states the designee's name, address, e-mail address, if any, and
1230	1169		telephone number, if any.
1231		-	SECTION 91. Section 212.028(a), Election Code, is amended
	1170	+	SECTION 84. Section 212.028(a), Election Code, is amended
1232	1171		to read as follows:
1233	1172		(a) Except as provided by Subsection (b), a petition for an
1234	1173		initial recount must be submitted by [the later of:
1235	1174		[(1) 5 p.m. of the fifth day after election day; or
1236	1175		[(2)] 5 p.m. of the second day after the date the
1237	1176		canvassing authority to whose presiding officer the petition must
1238	1177		be submitted completes its canvass of the original election
1239	1178		returns.
1240		-	SECTION 92. Section 212.031(a), Election Code, is amended
	1179	+	SECTION 85. Section 212.031(a), Election Code, is amended
1241	1180		to read as follows:
1242	1181		(a) If a recount petition complies with the applicable
1243	1182		requirements, the recount coordinator shall approve the petition
1244	1183		and note on the petition its approved status and the date of the
1245	1184		approval. The recount coordinator shall immediately notify the
1246	1185		recount supervisor of the approval. The recount supervisor shall,
1247	1186		with the written approval of the recount coordinator, order the
1248	1187		recount to be held on the later of [a date occurring not later than]
1249	1188		the seventh day after the date the petition is determined to comply
1250	1189		with the applicable requirements or the day after all ballots have
1251	1190		been delivered to the general custodian of election records.
1252		-	SECTION 93. Section 212.083, Election Code, is amended to
	1191	+	SECTION 86. Section 212.083, Election Code, is amended to
1253	1192		read as follows:
1254	1193		Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The
1255	1194		deadline for submitting a recount petition under this subchapter is
1256	1195		[the later of:
1257	1196		[(1) 2 p.m. of the third day after election day; or
1258	1197		[(2)] 2 p.m. of the first day after the date of the
1259	1198		local canvass.
1260		-	SECTION 94. Section 212.112, Election Code, is amended to
	1199	+	SECTION 87. Section 212.112, Election Code, is amended to
1261	1200		read as follows:
1262	1201		Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
1263	1202		deposit is:
1264	1203		(1) $60 for each election day polling location or
1265	1204		precinct, whichever results in a smaller amount, in which regular
1266	1205		paper ballots were used; and
1267	1206		(2) $100 for each election day polling location or
1268	1207		precinct, whichever results in a smaller amount, in which an
1269	1208		electronic voting system was used.
1270		-	SECTION 95. Section 216.003, Election Code, is amended to
	1209	+	SECTION 88. Section 216.003, Election Code, is amended to
1271	1210		read as follows:
1272	1211		Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes
1273	1212		of initiating an automatic recount, the authority designated under
1274	1213		Section 212.026 shall order the recount [request the recount in the
1275	1214		same manner as a recount petitioner under this title].
1276		-	SECTION 96. Section 272.009, Election Code, is amended by
	1215	+	SECTION 89. Section 272.009, Election Code, is amended by
1277	1216		adding Subsection (c) to read as follows:
1278	1217		(c) To be eligible to serve as a clerk under this section, a
1279	1218		person must:
1280	1219		(1) be a qualified voter of the state and satisfy any
1281	1220		additional eligibility requirements prescribed by written order of
1282	1221		the commissioners court; or
1283	1222		(2) meet the eligibility requirements of a student
1284	1223		election clerk under Section 32.0511.
1285		-	SECTION 97. Section 277.002, Election Code, is amended by
	1224	+	SECTION 90. Section 277.002, Election Code, is amended by
1286	1225		adding Subsection (f) to read as follows:
1287	1226		(f) The signer's residence address and the address listed on
1288	1227		the signer's registration are not required to be the same if the
1289	1228		signer is eligible to vote under Section 11.004 or 112.002.
1290		-	SECTION 98. Section 277.0024, Election Code, is amended to
	1229	+	SECTION 91. Section 277.0024, Election Code, is amended to
1291	1230		read as follows:
1292	1231		Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. (a) Except
1293	1232		as provided by Subsection (b), if [If] the minimum number of
1294	1233		signatures required for a petition is determined by a computation
1295	1234		applied to the number of registered voters of a particular
1296	1235		territory, voters whose names appear on the list of registered
1297	1236		voters with the notation "S", or a similar notation, shall be
1298	1237		excluded from the computation.
1299	1238		(b) The signature of a voter whose name appears on the list
1300	1239		of registered voters with the notation "S", or a similar notation,
1301	1240		is considered valid if the voter:
1302	1241		(1) is otherwise eligible to vote in the territory;
1303	1242		and
1304	1243		(2) provides a residence address located in the
1305	1244		territory.
1306		-	SECTION 99. The following provisions of the Election Code
	1245	+	SECTION 92. The following provisions of the Election Code
1307	1246		are repealed:
1308	1247		(1) Sections 15.082(c) and (d);
1309	1248		(2) Subchapter F, Chapter 15;
1310	1249		(3) Section 18.0051;
1311	1250		(4) Section 18.008(c);
1312	1251		(5) Section 31.099(b);
1313	1252		(6) Section 42.061(c);
1314	1253		(7) Section 84.008(b); and
1315	1254		(8) Section 105.002.
1316		-	SECTION 100. As soon as practicable after the effective
1317		-	date of this Act, the secretary of state shall adopt a statement of
1318		-	residence form as required by Section 63.0011, Election Code, as
1319		-	amended by this Act.
1320		-	SECTION 101. This Act takes effect September 1, 2021.
1321		-	______________________________ ______________________________
1322		-	President of the Senate Speaker of the House
1323		-	I certify that H.B. No. 3107 was passed by the House on May 7,
1324		-	2021, by the following vote: Yeas 137, Nays 3, 2 present, not
1325		-	voting; and that the House concurred in Senate amendments to H.B.
1326		-	No. 3107 on May 28, 2021, by the following vote: Yeas 146, Nays 0,
1327		-	2 present, not voting.
1328		-	______________________________
1329		-	Chief Clerk of the House
1330		-	I certify that H.B. No. 3107 was passed by the Senate, with
1331		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
1332		-	0.
1333		-	______________________________
1334		-	Secretary of the Senate
1335		-	APPROVED: __________________
1336		-	Date
1337		-	__________________
1338		-	Governor
	1255	+	SECTION 93. This Act takes effect September 1, 2021.
	1256	+	* * * * *