Texas 2021 - 87th Regular

Texas House Bill HB3280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6470 BRG-D
2	2	By: Paul H.B. No. 3280
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election integrity; creating a criminal offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 32.007(f), Election Code, is amended to
10	10	read as follows:
11	11	(f) A person who is appointed as a replacement for a judge
12	12	originally appointed under Section 32.002 must be affiliated or
13	13	aligned with the same political party as was the original judge, if
14	14	possible, and the appointing authority shall make a reasonable
15	15	effort to consult with the party chair of the appropriate political
16	16	party before making an appointment under this section. A person who
17	17	is appointed as a replacement for a judge originally appointed
18	18	under Section 32.002 may not be related within the second degree by
19	19	affinity or the third degree by consanguinity, as determined under
20	20	Subchapter B, Chapter 573, Government Code, to a person appointed
21	21	as an election clerk in the same election precinct.
22	22	SECTION 2. Subchapter A, Chapter 32, Election Code, is
23	23	amended by adding Section 32.013 to read as follows:
24	24	Sec. 32.013. PROHIBITION ON APPOINTING RELATIVE OF
25	25	PRESIDING JUDGE AS ALTERNATE PRESIDING JUDGE. The authority
26	26	responsible for appointing an alternate presiding judge for an
27	27	election precinct may not appoint a person who is related within the
28	28	second degree by affinity or the third degree by consanguinity, as
29	29	determined under Subchapter B, Chapter 573, Government Code, to the
30	30	person appointed as presiding judge for the election precinct.
31	31	SECTION 3. Subchapter B, Chapter 32, Election Code, is
32	32	amended by adding Sections 32.036 and 32.037 to read as follows:
33	33	Sec. 32.036. PROHIBITION ON APPOINTING RELATIVES AS
34	34	ELECTION CLERKS. The presiding judge may not appoint a person as an
35	35	election clerk if the person is related within the second degree by
36	36	affinity or the third degree by consanguinity, as determined under
37	37	Subchapter B, Chapter 573, Government Code, to:
38	38	(1) the presiding judge; or
39	39	(2) another person appointed as an election clerk for
40	40	the same election precinct.
41	41	Sec. 32.037. NOTICE OF APPOINTMENT. Not later than the day
42	42	before election day, the presiding judge shall provide written
43	43	notice of the appointment to the person. The notice must state:
44	44	(1) the nature and date of the election;
45	45	(2) the hours that the election clerk will serve;
46	46	(3) the location of the polling place where the
47	47	election clerk will serve; and
48	48	(4) the name, e-mail address, and telephone number of
49	49	the presiding judge and alternate presiding judge.
50	50	SECTION 4. Subchapter A, Chapter 85, Election Code, is
51	51	amended by adding Sections 85.0092 and 85.0093 to read as follows:
52	52	Sec. 85.0092. PROHIBITION ON APPOINTMENT OF RELATIVE OF
53	53	ELECTION OFFICER. The early voting clerk may not appoint an
54	54	election officer for an early voting polling place who is related
55	55	within the second degree by affinity or the third degree by
56	56	consanguinity, as determined under Subchapter B, Chapter 573,
57	57	Government Code, to another person appointed as an election officer
58	58	for the same polling place.
59	59	Sec. 85.0093. NOTICE OF APPOINTMENT. Not later than the
60	60	beginning of the period for early voting by personal appearance,
61	61	the early voting clerk shall provide written notice to each person
62	62	appointed as an election officer stating:
63	63	(1) the nature and date of the election;
64	64	(2) the dates and hours that the election officer will
65	65	serve;
66	66	(3) the location of the polling place where the
67	67	election officer will serve; and
68	68	(4) the name, e-mail address, and telephone number of
69	69	the presiding judge and alternate presiding judge of the polling
70	70	place where the election officer will serve.
71	71	SECTION 5. Section 87.002, Election Code, is amended by
72	72	adding Subsection (e) to read as follows:
73	73	(e) The authority responsible for appointing a member of the
74	74	early voting ballot board may not appoint a person who is related
75	75	within the second degree by affinity or the third degree by
76	76	consanguinity, as determined under Subchapter B, Chapter 573,
77	77	Government Code, to another person appointed as a member of the
78	78	ballot board.
79	79	SECTION 6. Subchapter A, Chapter 87, Election Code, is
80	80	amended by adding Section 87.0041 to read as follows:
81	81	Sec. 87.0041. NOTICE OF APPOINTMENT REQUIRED. The
82	82	authority responsible for appointing a member of the early voting
83	83	ballot board shall provide written notice to each person appointed
84	84	as a member stating:
85	85	(1) the nature and date of the election;
86	86	(2) the date, time, and location of the first meeting
87	87	of the ballot board; and
88	88	(3) the name, e-mail address, and telephone number of
89	89	the presiding judge of the ballot board.
90	90	SECTION 7. Section 87.006, Election Code, is amended by
91	91	amending Subsections (a) and (b) and adding Subsections (d) and (e)
92	92	to read as follows:
93	93	(a) A member of the early voting ballot board shall sign a
94	94	document containing the following oath and repeat the [following]
95	95	oath aloud:
96	96	"I swear (or affirm) that I will objectively work to be sure
97	97	every eligible voter's vote is accepted and counted, and that only
98	98	the ballots of those voters who violated the Texas Election Code
99	99	will be rejected. I will make every effort to correctly reflect the
100	100	voter's intent when it can be clearly determined. I will not work
101	101	alone when ballots are present and will work only in the presence of
102	102	a member of a political party different from my own. I will
103	103	faithfully perform my duty as an officer of the election and guard
104	104	the purity of the election. I acknowledge that it is a Class B
105	105	misdemeanor to work alone or not in the presence of a member of a
106	106	political party different from my own when ballots are present, and
107	107	that this offense is punishable by up to 180 days in jail, a fine up
108	108	to $2,000, or both."
109	109	(b) A member of the early voting ballot board who arrives
110	110	after the oath is made shall sign a document containing the oath and
111	111	repeat the oath aloud before performing any duties as a member.
112	112	(d) The presiding judge of the early voting ballot board
113	113	shall maintain written proof that each member signed a document
114	114	containing the oath.
115	115	(e) The secretary of state may modify the oath prescribed by
116	116	this section as necessary for an election in which the authority
117	117	holding the election is a political party or a political
118	118	subdivision holding a nonpartisan election.
119	119	SECTION 8. Section 87.021, Election Code, is amended to
120	120	read as follows:
121	121	Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
122	122	BOARD. The early voting clerk shall deliver to the early voting
123	123	ballot board:
124	124	(1) in an election in which regular paper ballots are
125	125	used for early voting by personal appearance, each ballot box, in
126	126	accordance with Section 85.032(b), containing the early voting
127	127	ballots voted by personal appearance and the clerk's key to each
128	128	box;
129	129	(2) the jacket envelopes containing the early voting
130	130	ballots voted by mail, regardless of the ballot type or voting
131	131	system used;
132	132	(3) the poll lists prepared in connection with early
133	133	voting by personal appearance;
134	134	(4) the list of registered voters used in conducting
135	135	early voting; [and]
136	136	(5) a ballot transmittal form that includes a
137	137	statement of the number of early voting ballots voted by mail,
138	138	regardless of the ballot type or voting system used, that are
139	139	delivered to the early voting ballot board, and in an election in
140	140	which regular paper ballots are used for early voting by personal
141	141	appearance, the number of names appearing on the poll lists
142	142	prepared in connection with early voting by personal appearance;
143	143	and
144	144	(6) one hard-copy report for every two members of the
145	145	early voting ballot board that includes the following information
146	146	for each person who applied for a ballot to be voted by mail:
147	147	(A) the person's name;
148	148	(B) the person's date of birth;
149	149	(C) the person's voter registration number and
150	150	the effective date of the person's voter registration; and
151	151	(D) the legal ground for early voting by mail.
152	152	SECTION 9. Subchapter B, Chapter 87, Election Code, is
153	153	amended by adding Section 87.0242 to read as follows:
154	154	Sec. 87.0242. REPORT OF BALLOTS VOTED BY MAIL NOT PROCESSED
155	155	BY EARLY VOTING BALLOT BOARD. (a) As soon as practicable after the
156	156	deadline for returning marked ballots voted by mail under Section
157	157	86.007(a)(2), the early voting clerk shall prepare a report that
158	158	lists the name and voter registration number of each voter whose
159	159	ballot voted by mail:
160	160	(1) was received before the deadline under Section
161	161	86.007(a)(2); and
162	162	(2) has not been accepted or rejected by the early
163	163	voting ballot board.
164	164	(b) Not later than 24 hours after the deadline for returning
165	165	marked ballots voted by mail under Section 86.007(a)(2), the early
166	166	voting clerk shall make the report accessible to any authority with
167	167	an election on the ballot.
168	168	(c) Not later than the first meeting of the early voting
169	169	ballot board following the day after election day, the early voting
170	170	clerk shall deliver the report to the presiding judge of the ballot
171	171	board.
172	172	(d) The early voting ballot board may not accept a ballot
173	173	voted by mail for a voter whose name and registration number does
174	174	not appear in the report delivered under Subsection (c) unless the
175	175	early voting clerk provides an affidavit explaining why the ballot
176	176	should be accepted.
177	177	SECTION 10. Section 87.027, Election Code, is amended by
178	178	adding Subsections (c-1) and (d-1) to read as follows:
179	179	(c-1) As soon as practicable after the appropriate
180	180	authority appoints the signature verification committee, the early
181	181	voting clerk shall provide written notice to each person appointed
182	182	as a member of the committee stating:
183	183	(1) the nature and date of the election;
184	184	(2) the dates and hours that the committee will meet;
185	185	(3) the location where the committee will meet; and
186	186	(4) the name, e-mail address, and telephone number of
187	187	the chair of the committee.
188	188	(d-1) The authority may not appoint a member of a signature
189	189	verification committee who is related within the second degree by
190	190	affinity or the third degree by consanguinity, as determined under
191	191	Subchapter B, Chapter 573, Government Code, to another member of
192	192	the signature verification committee.
193	193	SECTION 11. Section 87.041(b), Election Code, is amended to
194	194	read as follows:
195	195	(b) A ballot may be accepted only if:
196	196	(1) the carrier envelope certificate is properly
197	197	executed;
198	198	(2) neither the voter's signature on the ballot
199	199	application nor the signature on the carrier envelope certificate
200	200	is determined to have been executed by a person other than the
201	201	voter, unless signed by a witness;
202	202	(3) the voter's ballot application states a legal
203	203	ground for early voting by mail;
204	204	(4) the voter is registered to vote, if registration
205	205	is required by law;
206	206	(5) the address to which the ballot was mailed to the
207	207	voter, as indicated by the application, was outside the voter's
208	208	county of residence, if the ground for early voting is absence from
209	209	the county of residence;
210	210	(6) for a voter to whom a statement of residence form
211	211	was required to be sent under Section 86.002(a), the statement of
212	212	residence is returned in the carrier envelope and indicates that
213	213	the voter satisfies the residence requirements prescribed by
214	214	Section 63.0011; [and]
215	215	(7) the address to which the ballot was mailed to the
216	216	voter is an address that is otherwise required by Sections 84.002
217	217	and 86.003; and
218	218	(8) if applicable, the voter's name and voter
219	219	registration number appears on the report prepared under Section
220	220	87.0242.
221	221	SECTION 12. Subchapter C, Chapter 87, Election Code, is
222	222	amended by adding Section 87.0432 to read as follows:
223	223	Sec. 87.0432. PROHIBITION ON HANDLING BALLOTS SEPARATELY.
224	224	(a) If members of the early voting ballot board are appointed from
225	225	lists submitted by county chairs of different political parties, a
226	226	member of the early voting ballot board may not handle balloting
227	227	materials unless the member is in the presence of a member of the
228	228	board from a different political party.
229	229	(b) If members of the early voting ballot board are not
230	230	appointed from lists submitted by county chairs of different
231	231	political parties, a member of the early voting ballot board may not
232	232	handle balloting materials unless the member is in the presence of
233	233	another member of the board.
234	234	(c) A person who violates this section commits an offense.
235	235	An offense under this section is a Class B misdemeanor.
236	236	SECTION 13. Section 127.005(e), Election Code, is amended
237	237	to read as follows:
238	238	(e) For an election in which election judges appointed under
239	239	Section 32.002 serve, the presiding judge and an alternate
240	240	presiding judge shall be appointed for each central counting
241	241	station operating in the election in the same manner as a presiding
242	242	judge and alternate presiding judge under Sections [Section] 32.002
243	243	and 32.013.
244	244	SECTION 14. Section 127.006(a), Election Code, is amended
245	245	to read as follows:
246	246	(a) Both the manager and the presiding judge may appoint
247	247	clerks to serve at the central counting station. The manager and the
248	248	presiding judge may not appoint a person as a clerk who is related
249	249	within the second degree by affinity or the third degree by
250	250	consanguinity, as determined under Subchapter B, Chapter 573,
251	251	Government Code, to:
252	252	(1) the manager or presiding judge; or
253	253	(2) another person appointed as a clerk to serve at the
254	254	central counting station.
255	255	SECTION 15. Subchapter A, Chapter 127, Election Code, is
256	256	amended by adding Section 127.008 to read as follows:
257	257	Sec. 127.008. NOTICE OF APPOINTMENT. As soon as
258	258	practicable after the appointment of an election officer under this
259	259	subchapter, the authority establishing a central counting station
260	260	shall provide written notice to the person appointed as an officer
261	261	stating:
262	262	(1) the nature and date of the election;
263	263	(2) the anticipated dates and times of operation for
264	264	the central counting station where the person will serve;
265	265	(3) the location of the central counting station where
266	266	the person will serve; and
267	267	(4) the name, e-mail address, and telephone number of
268	268	the presiding judge of the central counting station.
269	269	SECTION 16. Section 573.061, Government Code, is amended to
270	270	read as follows:
271	271	Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
272	272	apply to:
273	273	(1) an appointment to the office of a notary public or
274	274	to the confirmation of that appointment;
275	275	(2) an appointment of a page, secretary, attendant, or
276	276	other employee by the legislature for attendance on any member of
277	277	the legislature who, because of physical infirmities, is required
278	278	to have a personal attendant;
279	279	(3) a confirmation of the appointment of an appointee
280	280	appointed to a first term on a date when no individual related to
281	281	the appointee within a degree described by Section 573.002 was a
282	282	member of or a candidate for the legislature, or confirmation on
283	283	reappointment of the appointee to any subsequent consecutive term;
284	284	(4) an appointment or employment of a bus driver by a
285	285	school district if:
286	286	(A) the district is located wholly in a county
287	287	with a population of less than 35,000; or
288	288	(B) the district is located in more than one
289	289	county and the county in which the largest part of the district is
290	290	located has a population of less than 35,000;
291	291	(5) an appointment or employment of a personal
292	292	attendant by an officer of the state or a political subdivision of
293	293	the state for attendance on the officer who, because of physical
294	294	infirmities, is required to have a personal attendant;
295	295	(6) an appointment or employment of a substitute
296	296	teacher by a school district; or
297	297	(7) an appointment or employment of a person by a
298	298	municipality that has a population of less than 200 [; or
299	299	[(8) an appointment of an election clerk under Section
300	300	32.031, Election Code, who is not related in the first degree by
301	301	consanguinity or affinity to an elected official of the authority
302	302	that appoints the election judges for that election].
303	303	SECTION 17. Section 87.0432, Election Code, as added by
304	304	this Act, applies only to an offense committed on or after the
305	305	effective date of this Act. An offense committed before the
306	306	effective date of this Act is governed by the law in effect on the
307	307	date the offense was committed, and the former law is continued in
308	308	effect for that purpose. For purposes of this section, an offense
309	309	was committed before the effective date of this Act if any element
310	310	of the offense occurred before that date.
311	311	SECTION 18. This Act takes effect September 1, 2021.