Texas 2021 - 87th Regular

Texas Senate Bill SB1215 Compare Versions

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

Old	New	Differences
1	1	87R10813 ADM-F
2	2	By: Buckingham S.B. No. 1215
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election practices and procedures; creating a criminal
8	8	offense; creating a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 31, Election Code, is
11	11	amended by adding Section 31.0035 to read as follows:
12	12	Sec. 31.0035. UNIFORM ELECTION PROCEDURES. (a) The
13	13	secretary of state shall prescribe model election procedures for
14	14	use by election officials in conducting elections, and shall
15	15	publish the procedures not later than January 1 of each
16	16	even-numbered year.
17	17	(b) The procedures prescribed under Subsection (a) may
18	18	provide different procedures for counties based on population.
19	19	(c) The state elections tribunal under Subchapter F,
20	20	Chapter 273, may prescribe temporary and emergency amendments to
21	21	the procedures prescribed under Subsection (a).
22	22	(d) Deviations from the procedures published under
23	23	Subsection (a) are presumptively invalid and subject to injunctive
24	24	relief under Section 273.081, unless an election official first
25	25	seeks and obtains written permission from the state elections
26	26	tribunal prior to implementation.
27	27	(e) The attorney general may enforce this section by seeking
28	28	injunctive relief.
29	29	SECTION 2. Section 31.014, Election Code, is amended to
30	30	read as follows:
31	31	Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
32	32	VOTERS. (a) The secretary of state shall prescribe specific
33	33	requirements and standards, consistent with this code, for the
34	34	certification of an electronic device used to accept voters under
35	35	Chapter 63 that require the device to:
36	36	(1) produce an electronic copy of the list of voters
37	37	who were accepted to vote for delivery to the election judge after
38	38	the polls close;
39	39	(2) display the voter's original signature in
40	40	accordance with Section 63.002;
41	41	(3) accept a voter for voting even when the device is
42	42	off-line;
43	43	(4) provide the full list of voters registered in the
44	44	county with an indication of the jurisdictional or distinguishing
45	45	number for each territorial unit in which each voter resides;
46	46	(5) time-stamp when each voter is accepted at a
47	47	polling place, including the voter's unique identifier;
48	48	(6) if the county participates in the countywide
49	49	polling place program under Section 43.007 or has more than one
50	50	early voting polling place, transmit a time stamp when each voter is
51	51	accepted, including the voter's unique identifier, to all polling
52	52	place locations;
53	53	(7) time-stamp the receipt of a transmission under
54	54	Subdivision (6); and
55	55	(8) produce in an electronic format capable of
56	56	updating in real time and compatible with the statewide voter
57	57	registration list under Section 18.061 data for retention and
58	58	transfer that includes:
59	59	(A) the polling location in which the device was
60	60	used;
61	61	(B) the dated time stamp under Subdivision (5);
62	62	and
63	63	(C) the dated time stamp under Subdivision (7).
64	64	(b) A device described by this section must:
65	65	(1) be certified annually by the secretary of state;
66	66	and
67	67	(2) perform a diagnosis on each startup to ensure
68	68	functionality and connectivity.
69	69	(c) The secretary of state shall adopt rules that require a
70	70	device described by this section used during the early voting
71	71	period or under the countywide polling place program under Section
72	72	43.007 to update data in real time. The rules adopted under this
73	73	section must ensure any wireless connection used to update data is
74	74	secure and that data are not transmitted or stored on any medium
75	75	located outside the state. A [If a] county may not use [uses] a
76	76	device that does not comply with the rules [rule in two consecutive
77	77	general elections for state and county officers, the secretary of
78	78	state shall assess a noncompliance fee. The noncompliance fee
79	79	shall be set at an amount determined by secretary of state rule].
80	80	SECTION 3. Sections 32.002(d), (e), and (g), Election Code,
81	81	are amended to read as follows:
82	82	(d) The state [county clerk, after making a reasonable
83	83	effort to consult with the] party chair of the appropriate
84	84	political party [or parties,] shall submit [to the commissioners
85	85	court] a list of names of persons eligible for appointment as
86	86	presiding judge and alternate presiding judge if notified by the
87	87	county clerk that the county chair has failed to make a list [for
88	88	each precinct in which an appointment is not made] under Subsection
89	89	(c). The commissioners court shall appoint an eligible person from
90	90	the list who is affiliated or aligned with the appropriate party, if
91	91	available.
92	92	(e) The commissioners court shall fill a vacancy in the
93	93	position of presiding judge or alternate presiding judge for the
94	94	remainder of the unexpired term. An appointment to fill a vacancy
95	95	may be made at any regular or special term of court. Not later than
96	96	48 hours after the county clerk becomes aware of a vacancy, the
97	97	county clerk shall notify the county chair of the same political
98	98	party with which the original judge was affiliated or aligned of the
99	99	vacancy in writing. Not later than the fifth day after the date of
100	100	notification of the vacancy, the county chair of the same political
101	101	party with which the original judge was affiliated or aligned shall
102	102	submit to the commissioners court in writing the name of a person
103	103	who is eligible for the appointment. If a name is submitted in
104	104	compliance with this subsection, the commissioners court shall
105	105	appoint that person to the unexpired term. If a name is not
106	106	submitted in compliance with this subsection, the county clerk
107	107	shall notify the state chair of the appropriate political party in
108	108	writing not later than 48 hours after the county chair's failure to
109	109	submit a name. The state chair shall, not later than the fifth day
110	110	after receiving notice, submit to the commissioners court a list of
111	111	names of persons eligible as an appointee for the unexpired term.
112	112	The commissioners court shall appoint an eligible person from the
113	113	list who is affiliated or aligned with the same party, if available.
114	114	(g) Following an oral warning to the election judge and with
115	115	the written concurrence of the county chair of the same political
116	116	party with which the judge is affiliated or aligned, the county
117	117	clerk may remove, replace, or reassign an election judge who causes
118	118	a disruption in a polling location or wilfully disobeys the
119	119	provisions of this code. An election judge may not be removed
120	120	except as provided by this section. A vacancy created under this
121	121	subsection shall be filled in the same manner as an emergency
122	122	appointment under Section 32.007.
123	123	SECTION 4. Section 32.007(f), Election Code, is amended to
124	124	read as follows:
125	125	(f) A person who is appointed as a replacement for a judge
126	126	originally appointed under Section 32.002 must appear on a list
127	127	submitted to the appointing authority by the county chair of [be
128	128	affiliated or aligned with] the same political party as was the
129	129	original judge. If the county chair does not submit the list
130	130	required by this subsection, or the list, including any
131	131	supplements, does not include sufficient names to make an
132	132	appointment, [if possible, and] the appointing authority shall
133	133	[make a reasonable effort to] consult with the state party chair of
134	134	the appropriate political party before making an appointment under
135	135	this section.
136	136	SECTION 5. Section 32.031(a), Election Code, is amended to
137	137	read as follows:
138	138	(a) Except as provided by Section 32.034, the [The]
139	139	presiding judge for each election precinct shall appoint the
140	140	election clerks to assist the judge in the conduct of an election at
141	141	the polling place served by the judge.
142	142	SECTION 6. Section 32.034, Election Code, is amended to
143	143	read as follows:
144	144	Sec. 32.034. CLERKS FOR ELECTIONS FOR FEDERAL, STATE, AND
145	145	COUNTY OFFICES. (a) The clerks for the general election for state
146	146	and county officers or for a special election to fill a vacancy in
147	147	an office regularly filled at the general election shall be
148	148	selected in accordance with this section [from different political
149	149	parties if possible].
150	150	(b) The presiding judge shall appoint clerks affiliated
151	151	with the same political party as the presiding judge. The alternate
152	152	[county chair of a political party whose candidate for governor
153	153	received the highest or second highest number of votes in the county
154	154	in the most recent gubernatorial general election may, not later
155	155	than the 25th day before a general election or the 10th day before a
156	156	special election to which Subsection (a) applies, submit to a
157	157	presiding judge a list containing the names of at least two persons
158	158	who are eligible for appointment as a clerk. If a timely list is
159	159	submitted, the] presiding judge shall appoint clerks affiliated
160	160	with the same political party as the alternate presiding judge. The
161	161	same number of clerks must be appointed by the presiding judge and
162	162	the alternate presiding judge [at least one clerk from the list],
163	163	except as provided by Subsection (c).
164	164	(c) If either the presiding judge or the alternate presiding
165	165	judge fails to appoint their respective clerks, the county chair of
166	166	the same political party as the judge who failed to appoint clerks
167	167	[only one additional clerk is to be appointed for an election in
168	168	which the alternate presiding judge will serve as a clerk, the clerk
169	169	shall be appointed from the list of a political party with which
170	170	neither the presiding judge nor the alternate judge is affiliated
171	171	or aligned, if such a list is submitted. If two such lists are
172	172	submitted, the presiding judge shall decide from which list the
173	173	appointment will be made. If such a list is not submitted, the
174	174	presiding judge is not required to make an appointment from any
175	175	list.
176	176	[(d) The presiding judge shall make an appointment under
177	177	this section not later than the fifth day after the date the judge
178	178	receives the list and shall deliver written notification of the
179	179	appointment to the appropriate county chair.
180	180	[(e) If a presiding judge has not been appointed at the time
181	181	the county chair of a political party is required to submit a list
182	182	of names for the appointment of a clerk under this section, the list
183	183	of names shall be submitted to the county chair of the political
184	184	party whose candidate for governor received the most votes in the
185	185	precinct in the most recent gubernatorial election and to the
186	186	commissioners court. The county chair], or the commissioners court
187	187	in a county without a county chair, shall appoint clerks [from the
188	188	list] in the same manner provided for a presiding judge or alternate
189	189	presiding judge, as applicable, to appoint clerks by this section.
190	190	(d) [(f)] Following an oral warning to the election clerk
191	191	[and with the concurrence of the county chair of the same political
192	192	party with which the election clerk is affiliated or aligned], the
193	193	presiding judge, or alternate presiding judge, as applicable, of
194	194	the same political party as the election [county] clerk may remove,
195	195	replace, or reassign an election clerk who causes a disruption in a
196	196	polling location or wilfully disobeys the provisions of this code.
197	197	A vacancy created under this subsection shall be filled by the
198	198	presiding judge, or alternate presiding judge, as applicable, of
199	199	the same political party as the removed election clerk, who shall
200	200	appoint a replacement election clerk who is affiliated or aligned
201	201	with the same political party as the original clerk, if possible.
202	202	SECTION 7. Section 33.006, Election Code, is amended by
203	203	adding Subsection (d) to read as follows:
204	204	(d) A certificate of appointment may be completed
205	205	electronically, including the signature of the appointing
206	206	authority.
207	207	SECTION 8. Section 33.051, Election Code, is amended by
208	208	adding Subsection (g) to read as follows:
209	209	(g) An election officer commits an offense if the officer
210	210	knowingly refuses to accept a watcher for service whose acceptance
211	211	is required by this code. An offense under this section is a Class A
212	212	misdemeanor.
213	213	SECTION 9. Section 33.056, Election Code, is amended by
214	214	adding Subsection (e) to read as follows:
215	215	(e) Except as provided by Section 33.057(b), a watcher may
216	216	not be denied free movement within the location at which the watcher
217	217	is serving.
218	218	SECTION 10. Subchapter C, Chapter 33, Election Code, is
219	219	amended by adding Section 33.062 to read as follows:
220	220	Sec. 33.062. INJUNCTIVE RELIEF. A watcher, or the
221	221	appointing authority for a watcher, is entitled to injunctive
222	222	relief under Section 273.081 to enforce this chapter, including
223	223	issuance of temporary orders.
224	224	SECTION 11. Section 34.001, Election Code, is amended by
225	225	adding Subsection (e) to read as follows:
226	226	(e) The secretary of state shall provide adequate training
227	227	and supervision to state inspectors.
228	228	SECTION 12. Section 43.031(b), Election Code, is amended to
229	229	read as follows:
230	230	(b) Each polling place shall be located inside a building. A
231	231	polling place may not be located in a tent or other temporary
232	232	moveable structure, or in a facility primarily designed for motor
233	233	vehicles. No voter may cast a vote from inside a motor vehicle
234	234	unless the voter meets the requirements of Section 64.009.
235	235	SECTION 13. Section 64.009, Election Code, is amended by
236	236	amending Subsection (b) and adding Subsections (b-1) and (e) to
237	237	read as follows:
238	238	(b) The regular voting procedures, except those in
239	239	Subchapter B, may be modified by the election officer to the extent
240	240	necessary to conduct voting under this section.
241	241	(b-1) A person other than the voter is only permitted to be
242	242	inside the motor vehicle while the voter votes if the person would
243	243	be entitled to accompany the voter to the voting station under other
244	244	law.
245	245	(e) Except as provided by Section 33.057, a poll watcher is
246	246	entitled to observe any activity conducted under this section.
247	247	SECTION 14. Section 67.004(a), Election Code, is amended to
248	248	read as follows:
249	249	(a) At the time set for convening the canvassing authority
250	250	for the local canvass, the general custodian of election records
251	251	[presiding officer of the canvassing authority] shall deliver the
252	252	sealed precinct returns to the authority along with a report
253	253	detailing any discrepancies between the number of names of voters
254	254	who voted and the number of votes counted and the reasons for those
255	255	discrepancies. The authority shall open the returns for each
256	256	precinct and canvass them as provided by this section. Two members
257	257	of the authority constitute a quorum for purposes of canvassing an
258	258	election.
259	259	SECTION 15. Section 83.031, Election Code, is amended by
260	260	adding Subsection (d) to read as follows:
261	261	(d) A deputy early voting clerk may not serve at a main early
262	262	voting polling place or branch polling place where election
263	263	officers are appointed under Section 85.009 without the permission
264	264	of both the presiding and alternate presiding judge at that polling
265	265	place.
266	266	SECTION 16. Section 85.009, Election Code, is amended to
267	267	read as follows:
268	268	Sec. 85.009. ELECTION OFFICERS FOR GENERAL ELECTION FOR
269	269	STATE AND COUNTY OFFICERS. (a) The county clerk shall select
270	270	election officers for the main early voting polling place and any
271	271	branch polling place from a list provided under Subsection (b), in a
272	272	manner that provides equal representation to the extent possible
273	273	for each political party holding a primary election in the county.
274	274	The county clerk shall provide notice in writing of the selections
275	275	for each early voting polling place to the county chair of each
276	276	political party holding a primary election.
277	277	(b) Before July of each year, the county chair of each
278	278	political party holding a primary election in the county shall
279	279	submit in writing to the county clerk a list of names of persons in
280	280	order of preference for each early voting polling place who are
281	281	eligible for selection as an election officer. The county chair may
282	282	supplement the list of names of persons until the 30th day before
283	283	early voting begins in case an appointed election officer becomes
284	284	unable to serve. The county clerk shall appoint the first person
285	285	meeting the applicable eligibility requirements from the list
286	286	submitted in compliance with this subsection by the party with the
287	287	highest number of votes in the county as the presiding judge of that
288	288	polling place and the first person meeting the applicable
289	289	eligibility requirements from the list submitted in compliance with
290	290	this subsection by the party with the second highest number of votes
291	291	in the county as the alternate presiding judge of that polling
292	292	place. The county clerk shall appoint additional election officers
293	293	for each polling place in a [the] manner that provides equal
294	294	representation to the extent possible for each political party
295	295	holding a primary election in the county and notify the county
296	296	chairs of those political parties of the appointments in writing
297	297	[described by Subsection (a)]. The county clerk may reject the list
298	298	if the persons whose names are submitted on the list are determined
299	299	not to meet the applicable eligibility requirements. If a list is
300	300	not submitted by a county chair or is rejected in accordance with
301	301	this section, the county clerk shall notify the state chair of the
302	302	appropriate political party, who shall, not later than the fifth
303	303	day after being notified in writing, submit a list from which the
304	304	appropriate election officers shall be selected.
305	305	(c) After an oral warning to the election officer and with
306	306	the written concurrence of the county chair of the same political
307	307	party with which the election officer is affiliated or aligned, the
308	308	county clerk may remove, replace, or reassign an election officer
309	309	who causes a disruption in a polling location or wilfully violates a
310	310	provision of this code. An election officer may not be removed
311	311	except as provided by this section [The county clerk, after making a
312	312	reasonable effort to consult with the party chair of the
313	313	appropriate political party or parties, may select election
314	314	officers for each early voting polling place in which a list is not
315	315	submitted in a manner that attempts to ensure equal representation
316	316	to the extent possible for the parties holding a primary election in
317	317	the county].
318	318	SECTION 17. Section 85.061(a), Election Code, is amended to
319	319	read as follows:
320	320	(a) In a countywide election in which the county clerk is
321	321	the early voting clerk under Section 83.002, an early voting
322	322	polling place shall be located inside [at] each branch office that
323	323	is regularly maintained for conducting general clerical functions
324	324	of the county clerk, except as provided by Subsection (b). If a
325	325	suitable room is unavailable inside the branch office, the polling
326	326	place may be located in another room inside the same building as the
327	327	branch office. The polling place may not be located in a tent or
328	328	other temporary movable structure or a parking garage, parking lot,
329	329	or similar facility designed primarily for motor vehicles.
330	330	SECTION 18. Section 85.062(b), Election Code, is amended to
331	331	read as follows:
332	332	(b) A polling place established under this section may be
333	333	located, subject to Subsection (d), at any place in the territory
334	334	served by the early voting clerk and may be located inside [in] any
335	335	building [stationary structure] as directed by the authority
336	336	establishing the branch office. The polling place may not be
337	337	located in a tent or other temporary movable structure or a parking
338	338	garage, parking lot, or similar facility designed primarily for
339	339	motor vehicles in the general election for state and county
340	340	officers, general primary election, or runoff primary election.
341	341	Ropes or other suitable objects may be used at the polling place to
342	342	ensure compliance with Section 62.004. Persons who are not
343	343	expressly permitted by law to be in a polling place shall be
344	344	excluded from the polling place to the extent practicable.
345	345	SECTION 19. Section 87.002, Election Code, is amended to
346	346	read as follows:
347	347	Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
348	348	ballot board consists of a presiding judge, an alternate presiding
349	349	judge, and at least two other members.
350	350	(b) Except as provided by Subsection (d), the presiding
351	351	judge is appointed in the same manner as a presiding election judge
352	352	and the alternate presiding judge is appointed in the same manner as
353	353	an alternate presiding election judge. Except as provided by
354	354	Subsection (c), the other members are appointed by the presiding
355	355	judge in the same manner as the precinct election clerks.
356	356	(c) In the general election for state and county officers,
357	357	each county chair of a political party with nominees on the general
358	358	election ballot shall submit to the county election board a list of
359	359	names of persons eligible to serve on the early voting ballot board.
360	360	The county election board shall appoint at least one person from
361	361	each list to serve as a member of the early voting ballot board. The
362	362	same number of members must be appointed from each list.
363	363	(c-1) A member, once appointed, may not be removed without
364	364	the written consent of the county chair of the political party the
365	365	member is affiliated with. Any vacancy on the early voting ballot
366	366	board must be immediately filled by appointment of the appropriate
367	367	county chair to ensure an equal number of members from each list,
368	368	including any supplements, are appointed.
369	369	(d) In addition to the members appointed under Subsection
370	370	(c), the county election board shall appoint the presiding judge
371	371	from the list provided under that subsection by the political party
372	372	whose nominee for governor received the most votes in the county in
373	373	the most recent gubernatorial general election and an alternate
374	374	presiding judge from the list provided under that subsection by the
375	375	political party whose nominee for governor received the second
376	376	highest number of votes in the county in the most recent
377	377	gubernatorial general election.
378	378	(e) The presiding judge and the alternate presiding judge
379	379	shall be responsible for supervising the work of the members
380	380	representing their respective political parties. To the extent
381	381	practicable, every task carried out by the early voting ballot
382	382	board shall be conducted by an equal number of representatives from
383	383	each political party.
384	384	SECTION 20. Section 124.062, Election Code, is amended by
385	385	adding Subsection (d) to read as follows:
386	386	(d) Each electronic system ballot must contain a serial
387	387	number that must be printed before insertion in a ballot marking
388	388	device, if any. The secretary of state may not waive this
389	389	requirement.
390	390	SECTION 21. Section 125.008, Election Code, is amended to
391	391	read as follows:
392	392	Sec. 125.008. DEPOSITING THE BALLOT. (a) A voter shall
393	393	deposit the marked voting system ballot in the ballot box in
394	394	accordance with the instructions provided at the polling place.
395	395	(b) The ballot box or attached voting system ballot scanner
396	396	must not contain a ballot marking device or printer capable of
397	397	marking the ballot after deposit by the voter.
398	398	(c) A ballot scanner must be capable of detecting and
399	399	preventing the acceptance of a ballot containing an identical
400	400	serial number more than once.
401	401	SECTION 22. Subchapter C, Chapter 125, Election Code, is
402	402	amended by adding Section 125.0621 to read as follows:
403	403	Sec. 125.0621. LOGS OF ISSUED AND SPOILED BALLOTS. If an
404	404	electronic voting system uses paper media for recording votes cast,
405	405	the election officer shall maintain a record of the serial numbers
406	406	of all ballots issued at that polling place and the serial numbers
407	407	of any spoiled ballots, if any. All logs maintained under this
408	408	section are election records subject to public inspection as
409	409	provided by Section 1.012.
410	410	SECTION 23. Section 125.063, Election Code, is amended to
411	411	read as follows:
412	412	Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. (a)
413	413	On the close of voting at each polling place at which electronic
414	414	voting system equipment is used, an election officer shall secure
415	415	or inactivate the equipment as prescribed by the secretary of state
416	416	so that its unauthorized operation is prevented.
417	417	(b) An election officer shall reconcile the number of names
418	418	of voters casting votes at that polling place with the number of
419	419	votes cast as shown on the electronic voting system equipment and
420	420	note any discrepancy and the reason for the discrepancy.
421	421	(c) An election officer must generate a paper record of the
422	422	number of votes cast for each candidate or measure when using
423	423	electronic voting system equipment that does not generate a
424	424	voter-verified paper ballot record, except during early voting.
425	425	The secretary of state may not waive this requirement after
426	426	September 1, 2022.
427	427	SECTION 24. Sections 127.006(a) and (c), Election Code, are
428	428	amended to read as follows:
429	429	(a) The [Both the] manager may appoint clerks in the same
430	430	manner as a deputy early voting clerk under Section 83.032. The
431	431	[and the] presiding judge and the alternate presiding judge may
432	432	appoint clerks to serve at the central counting station in the same
433	433	manner as clerks under Section 32.002.
434	434	(c) A clerk appointed by the manager serves under the
435	435	manager and shall perform the functions directed by the manager. A
436	436	clerk appointed by the presiding judge or alternate presiding judge
437	437	serves under the presiding judge or alternate presiding judge,
438	438	respectively, and shall perform the functions directed by the
439	439	presiding judge or alternate presiding judge, respectively. Clerks
440	440	shall only accept direction from their appointing authority.
441	441	SECTION 25. Section 127.1232, Election Code, is amended to
442	442	read as follows:
443	443	Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
444	444	custodian of election records shall post a licensed peace officer
445	445	[guard] to ensure the security of ballot boxes containing voted
446	446	ballots throughout the period of tabulation at the central counting
447	447	station.
448	448	(b) The general custodian of election records shall
449	449	implement a video surveillance system that retains a record of all
450	450	areas containing voted ballots from the time the voted ballots are
451	451	delivered to the central counting station until the canvass of
452	452	precinct election returns.
453	453	(c) The video recorded is an election record under Section
454	454	1.012 and shall be retained by the general custodian of election
455	455	records until the end of the calendar year in which an election is
456	456	held.
457	457	SECTION 26. Section 127.131, Election Code, is amended by
458	458	adding Subsection (f) to read as follows:
459	459	(f) The presiding judge shall compare the number of names of
460	460	voters who voted with the number of votes counted and note any
461	461	discrepancy on the returns with the reason for the discrepancy.
462	462	SECTION 27. Subchapter E, Chapter 273, Election Code, is
463	463	amended by adding Section 273.082 to read as follows:
464	464	Sec. 273.082. DISQUALIFICATION OF DISTRICT JUDGE. (a) A
465	465	judge is disqualified to preside in the matter of an election
466	466	official who is a defendant in a petition for injunctive relief that
467	467	is less than statewide if the judge presides over a judicial
468	468	district that includes any territory served by the election
469	469	official.
470	470	(b) If a petition is filed in which a judge is disqualified
471	471	under Subsection (a), the district clerk shall promptly call the
472	472	filing to the attention of the judge. The judge shall promptly
473	473	request the presiding judge of the administrative judicial region
474	474	to assign a special judge to preside in the matter.
475	475	(c) A judge who resides in the judicial district served by a
476	476	judge disqualified under Subsection (a) is not eligible for
477	477	assignment as a special judge for the contest.
478	478	(d) In a matter in which the district judge is disqualified,
479	479	until a special judge is assigned to preside over the contest, the
480	480	presiding judge of the administrative judicial region may take any
481	481	action regarding the contest that a district judge may take,
482	482	including the issuance of temporary relief.
483	483	SECTION 28. Chapter 273, Election Code, is amended by
484	484	adding Subchapter F to read as follows:
485	485	SUBCHAPTER F. STATE ELECTIONS TRIBUNAL
486	486	Sec. 273.101. ESTABLISHMENT OF STATE ELECTIONS TRIBUNAL.
487	487	(a) The secretary of state shall establish a state elections
488	488	tribunal to hear and decide election administration disputes.
489	489	(b) The state elections tribunal is composed of three
490	490	examiners appointed by the secretary of state to terms of six years,
491	491	consisting of:
492	492	(1) a former justice of the Texas Supreme Court; and
493	493	(2) two experts in election law who are members of
494	494	different political parties selected from a list of at least 10
495	495	names submitted by the state chair of each political party required
496	496	by law to hold a primary.
497	497	(c) The former justice of the Texas Supreme Court shall be
498	498	the presiding officer of the state elections tribunal.
499	499	(d) Members of the state elections tribunal shall be
500	500	compensated, from money appropriated to the secretary of state, for
501	501	services actually performed at the same rate as a retired justice or
502	502	judge sitting by assignment on the court of appeals containing
503	503	Travis County as provided in Chapter 74, Government Code. In
504	504	addition to this compensation, members of the state elections
505	505	tribunal shall be reimbursed for actual travel expenses going to
506	506	and returning from the place of service.
507	507	(e) The secretary of state shall provide appropriate
508	508	administrative support to the state elections tribunal for use in
509	509	the conduct of its duties.
510	510	Sec. 273.102. ACTION BY STATE ELECTIONS TRIBUNAL. (a) The
511	511	state elections tribunal has concurrent jurisdiction with the
512	512	district courts to enjoin violations or threatened violations of
513	513	this code.
514	514	(b) The state elections tribunal may by written order
515	515	suspend any election official who wilfully violates a provision of
516	516	this code.
517	517	Sec. 273.103. NOTICE OF TRIBUNAL ACTION. The parties to a
518	518	matter before the state elections tribunal shall be notified of the
519	519	tribunal's decision and the reasons for the decision.
520	520	Sec. 273.104. RULES REGARDING HEARINGS CONDUCTED BY
521	521	TELEPHONE OR ELECTRONIC CONFERENCE. The secretary of state by rule
522	522	shall develop procedures to ensure that the state elections
523	523	tribunal makes every effort in a hearing conducted by telephone or
524	524	electronic conference under this subchapter to obtain all relevant
525	525	facts and evidence from the parties to the matter.
526	526	Sec. 273.105. JUDICIAL REVIEW. (a) A party aggrieved by an
527	527	action of the state elections tribunal may obtain judicial review
528	528	of the decision by bringing a petition for mandamus relief in the
529	529	supreme court.
530	530	(b) Each other party to the proceeding before the state
531	531	elections tribunal must be made a party in interest in a mandamus
532	532	action under this section.
533	533	Sec. 273.106. REPRESENTATION OF STATE ELECTIONS TRIBUNAL.
534	534	The state elections tribunal may be represented in any judicial
535	535	action involving an action of the state elections tribunal by the
536	536	attorney general.
537	537	SECTION 29. Chapter 276, Election Code, is amended by
538	538	adding Sections 276.014 and 276.015 to read as follows:
539	539	Sec. 276.014. PAID VOTE HARVESTING. (a) In this section
540	540	and Section 276.015, "vote harvesting services" means direct
541	541	interaction with one or more voters in connection with an official
542	542	ballot, a ballot voted by mail, or an application for ballot by
543	543	mail, intended to deliver votes for a specific candidate or
544	544	measure.
545	545	(b) A person commits an offense if the person, directly or
546	546	through a third party, knowingly provides or offers to provide the
547	547	vote harvesting services in exchange for compensation or other
548	548	benefit, including benefits to a party whose welfare is of interest
549	549	to the person.
550	550	(c) A person commits an offense if the person, directly or
551	551	through a third party, knowingly provides or offers to provide
552	552	compensation or other benefit to a person, or to another party whose
553	553	welfare is of interest to the person, in exchange for the vote
554	554	harvesting services.
555	555	(d) A person commits an offense if the person knowingly
556	556	collects or possesses a ballot voted by mail or official carrier
557	557	envelope from a voter in connection with the vote harvesting
558	558	services.
559	559	(e) This section does not apply to acts promoting a
560	560	candidate or measure that do not involve direct interaction with:
561	561	(1) an application for ballot by mail, in the presence
562	562	of the voter; or
563	563	(2) a voter's official ballot, ballot voted by mail, or
564	564	carrier envelope.
565	565	(f) In this section, compensation in exchange for the vote
566	566	harvesting services is inferred if a person who performed the vote
567	567	harvesting services for a candidate or campaign solicits, receives,
568	568	or is offered compensation from the candidate or campaign, directly
569	569	or through a third party, for services other than the vote
570	570	harvesting services provided.
571	571	(g) An offense under this section is a felony of the third
572	572	degree.
573	573	(h) If conduct that constitutes an offense under this
574	574	section also constitutes an offense under any other law, the actor
575	575	may be prosecuted under this section, the other law, or both.
576	576	Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING.
577	577	(a) A person who commits an offense under Section 276.014 is liable
578	578	to any candidate harmed by the vote harvesting services for damages
579	579	and penalties that may be awarded under Subsection (c).
580	580	(b) A person is harmed by the vote harvesting services if
581	581	the person can demonstrate that:
582	582	(1) the person was a candidate for office;
583	583	(2) the liable party committed an offense under
584	584	Section 276.014; and
585	585	(3) another candidate seeking the same office as the
586	586	person received a vote attributable to the offense, regardless of
587	587	whether the other candidate knowingly participated in the vote
588	588	harvesting services.
589	589	(c) A litigant who prevails in an action under Subsection
590	590	(b) shall recover from any person who committed the unlawful vote
591	591	harvesting services damages in an amount including:
592	592	(1) the amount of any compensation paid to or received
593	593	by the person in exchange for the vote harvesting services;
594	594	(2) the fair market value of any benefit given or
595	595	received in exchange for the vote harvesting services;
596	596	(3) a penalty in the amount of $25,000; and
597	597	(4) reasonable attorney's fees, court costs, witness
598	598	fees, and deposition fees.
599	599	(d) A litigant who prevails in an action under Subsection
600	600	(b) and shows that the number of voters contacted by the vote
601	601	harvesting services exceeds the number of votes by which the
602	602	litigant lost the election shall recover from the person liable for
603	603	the unlawful vote harvesting services punitive damages in an amount
604	604	including:
605	605	(1) any of the litigant's campaign expenditures
606	606	properly filed on a campaign finance report in connection with the
607	607	election; and
608	608	(2) any fees and expenses incurred by the litigant in
609	609	filing and securing a place on the ballot.
610	610	(e) A person who commits an offense under Section 276.014
611	611	and is found liable under this chapter or other law for any amount
612	612	of damages arising from the vote harvesting services is jointly
613	613	liable with any other defendant for the entire amount of damages
614	614	arising from the vote harvesting services.
615	615	(f) The cause of action created by this section is
616	616	cumulative to any other remedy provided by common law or statute.
617	617	(g) The expedited actions process created by Rule 169, Texas
618	618	Rules of Civil Procedure, does not apply to an action under this
619	619	section.
620	620	(h) Chapter 27, Civil Practice and Remedies Code, does not
621	621	apply to a cause of action under this section.
622	622	(i) A cause of action under this section may be brought in
623	623	the county where any part of the vote harvesting services occurred.
624	624	SECTION 30. Section 81.032, Local Government Code, is
625	625	amended to read as follows:
626	626	Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The
627	627	commissioners court may accept a donation of labor or services,
628	628	gift, grant, donation, bequest, or devise of money or other
629	629	property on behalf of the county, including a donation under
630	630	Chapter 38, Government Code, for the purpose of performing a
631	631	function conferred by law on the county or a county officer.
632	632	(b) The commissioners court may not accept a donation
633	633	described in Subsection (a) of over $1,000 for use in administering
634	634	elections without the written consent of the secretary of state.
635	635	SECTION 31. The following provisions of the Election Code
636	636	are repealed:
637	637	(1) Section 32.032; and
638	638	(2) Section 85.062(e).
639	639	SECTION 32. The changes in law made by this Act apply only
640	640	to a petition for injunctive relief filed on or after the effective
641	641	date of this Act. A petition for injunctive relief filed before the
642	642	effective date of this Act is governed by the law in effect on the
643	643	date the petition was filed, and the former law is continued in
644	644	effect for that purpose.
645	645	SECTION 33. This Act takes effect September 1, 2021.