1 | 1 | | 87R7189 ADM-D |
---|
2 | 2 | | By: Hall S.B. No. 1607 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to elections; creating criminal offenses; providing a |
---|
8 | 8 | | civil penalty. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 13.002(c), Election Code, is amended to |
---|
11 | 11 | | read as follows: |
---|
12 | 12 | | (c) A registration application must include: |
---|
13 | 13 | | (1) the applicant's first name, middle name, if any, |
---|
14 | 14 | | last name, and former name, if any; |
---|
15 | 15 | | (2) the month, day, and year of the applicant's birth; |
---|
16 | 16 | | (3) a statement that the applicant is a United States |
---|
17 | 17 | | citizen; |
---|
18 | 18 | | (4) a statement that the applicant is a resident of the |
---|
19 | 19 | | county; |
---|
20 | 20 | | (5) a statement that the applicant has not been |
---|
21 | 21 | | determined by a final judgment of a court exercising probate |
---|
22 | 22 | | jurisdiction to be: |
---|
23 | 23 | | (A) totally mentally incapacitated; or |
---|
24 | 24 | | (B) partially mentally incapacitated without the |
---|
25 | 25 | | right to vote; |
---|
26 | 26 | | (6) a statement that the applicant has not been |
---|
27 | 27 | | finally convicted of a felony or that the applicant is a felon |
---|
28 | 28 | | eligible for registration under Section 13.001; |
---|
29 | 29 | | (7) the applicant's residence address or, if the |
---|
30 | 30 | | residence has no address, the address at which the applicant |
---|
31 | 31 | | receives mail and a concise description of the location of the |
---|
32 | 32 | | applicant's residence; |
---|
33 | 33 | | (8) the following information: |
---|
34 | 34 | | (A) the applicant's Texas driver's license number |
---|
35 | 35 | | or the number of a personal identification card issued by the |
---|
36 | 36 | | Department of Public Safety and the applicant's social security |
---|
37 | 37 | | number; |
---|
38 | 38 | | (B) if the applicant has not been issued one of |
---|
39 | 39 | | the numbers [a number] described by Paragraph (A), the number |
---|
40 | 40 | | described by Paragraph (A) that the applicant has been issued and a |
---|
41 | 41 | | statement by the applicant that the applicant has not been issued |
---|
42 | 42 | | the other number [the last four digits of the applicant's social |
---|
43 | 43 | | security number]; or |
---|
44 | 44 | | (C) a statement by the applicant that the |
---|
45 | 45 | | applicant has not been issued a number described by Paragraph (A) |
---|
46 | 46 | | [or (B)]; |
---|
47 | 47 | | (9) if the application is made by an agent, a statement |
---|
48 | 48 | | of the agent's relationship to the applicant; [and] |
---|
49 | 49 | | (10) the city and county in which the applicant |
---|
50 | 50 | | formerly resided; and |
---|
51 | 51 | | (11) a list of all counties in this state in which the |
---|
52 | 52 | | applicant is or has been registered to vote. |
---|
53 | 53 | | SECTION 2. Section 13.004, Election Code, is amended by |
---|
54 | 54 | | adding Subsections (f) and (g) to read as follows: |
---|
55 | 55 | | (f) The registrar shall furnish a copy of a list of voters |
---|
56 | 56 | | registered in the county to any person requesting it or shall |
---|
57 | 57 | | furnish that portion of the list requested. A list or portion of a |
---|
58 | 58 | | list provided under this subsection may not include information |
---|
59 | 59 | | made confidential under Subsection (c) or other law. |
---|
60 | 60 | | (g) The registrar may not charge a fee for providing a list |
---|
61 | 61 | | or portion of a list under Subsection (f). |
---|
62 | 62 | | SECTION 3. Section 13.071, Election Code, is amended to |
---|
63 | 63 | | read as follows: |
---|
64 | 64 | | Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar |
---|
65 | 65 | | shall review each submitted application for registration to |
---|
66 | 66 | | determine whether it complies with Section 13.002 and indicates |
---|
67 | 67 | | that the applicant is a United States citizen eligible for |
---|
68 | 68 | | registration. |
---|
69 | 69 | | (b) If the application is submitted to the Department of |
---|
70 | 70 | | Public Safety in person with the proof of citizenship required by |
---|
71 | 71 | | Section 20.063(e), the [The] registrar shall make the determination |
---|
72 | 72 | | not later than the seventh day after the date the application is |
---|
73 | 73 | | submitted to the registrar. |
---|
74 | 74 | | (c) If the application is submitted in a manner other than |
---|
75 | 75 | | the manner described by Subsection (b), the registrar shall forward |
---|
76 | 76 | | the information relating to the applicant to the secretary of state |
---|
77 | 77 | | for determining citizenship as provided by Section 13.0721. |
---|
78 | 78 | | SECTION 4. Section 13.072, Election Code, is amended by |
---|
79 | 79 | | amending Subsection (a) and adding Subsections (a-1), (a-2), and |
---|
80 | 80 | | (e) to read as follows: |
---|
81 | 81 | | (a) Unless the registrar challenges the applicant, the |
---|
82 | 82 | | registrar shall approve the application if: |
---|
83 | 83 | | (1) the registrar determines that an application |
---|
84 | 84 | | complies with Section 13.002 and indicates that the applicant is |
---|
85 | 85 | | eligible for registration; [and] |
---|
86 | 86 | | (2) for an applicant who has not included a statement |
---|
87 | 87 | | described by Section 13.002(c)(8)(C), the registrar verifies with |
---|
88 | 88 | | the secretary of state: |
---|
89 | 89 | | (A) the applicant's Texas driver's license number |
---|
90 | 90 | | or number of a personal identification card issued by the |
---|
91 | 91 | | Department of Public Safety; [or] |
---|
92 | 92 | | (B) the [last four digits of the] applicant's |
---|
93 | 93 | | social security number; or |
---|
94 | 94 | | (C) both the numbers described by Paragraphs (A) |
---|
95 | 95 | | and (B), if provided by the applicant; |
---|
96 | 96 | | (3) the registrar determines that the residence |
---|
97 | 97 | | address or residence description provided by the applicant under |
---|
98 | 98 | | Section 13.002(c)(7): |
---|
99 | 99 | | (A) corresponds to a house, apartment building, |
---|
100 | 100 | | lodging house, boarding house, dormitory, residence hall, group |
---|
101 | 101 | | home, residential treatment center, nursing home, nursing or |
---|
102 | 102 | | long-term care facility, correctional facility, dormitory or |
---|
103 | 103 | | residence hall, shelter, or any other location at which a person |
---|
104 | 104 | | could reasonably reside; and |
---|
105 | 105 | | (B) has not been used as a residence address or |
---|
106 | 106 | | description by a number of applicants for voter registration |
---|
107 | 107 | | greater than the number of people that could reasonably reside at |
---|
108 | 108 | | the address; and |
---|
109 | 109 | | (4) the registrar verifies the applicant's signature |
---|
110 | 110 | | by comparing it with any signature of the voter obtained from the |
---|
111 | 111 | | Department of Public Safety. |
---|
112 | 112 | | (a-1) A voter registrar shall enter into an agreement with |
---|
113 | 113 | | the Department of Public Safety under which a signature in the |
---|
114 | 114 | | database of the Department of Public Safety is provided to the |
---|
115 | 115 | | registrar if it is a signature of a person over the age of 18 who |
---|
116 | 116 | | resides in the county. |
---|
117 | 117 | | (a-2) Before approving an application by an applicant who |
---|
118 | 118 | | has indicated that they are or have been registered in another |
---|
119 | 119 | | county under Section 13.002(c)(11), the registrar shall obtain from |
---|
120 | 120 | | the other county's registrar any information or documentation |
---|
121 | 121 | | relating to the applicant in the possession of the other county's |
---|
122 | 122 | | registrar. |
---|
123 | 123 | | (e) If the registrar is unable to make a determination |
---|
124 | 124 | | regarding the residence address or description provided by the |
---|
125 | 125 | | applicant under Subsection (a)(3), the registrar shall challenge |
---|
126 | 126 | | the applicant under Section 13.074. |
---|
127 | 127 | | SECTION 5. Subchapter C, Chapter 13, Election Code, is |
---|
128 | 128 | | amended by adding Section 13.0721 to read as follows: |
---|
129 | 129 | | Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This |
---|
130 | 130 | | section does not apply to an application for registration submitted |
---|
131 | 131 | | to the Department of Public Safety in person with the proof of |
---|
132 | 132 | | citizenship required by Section 20.063(e). |
---|
133 | 133 | | (b) The secretary of state shall verify with the Department |
---|
134 | 134 | | of Public Safety the citizenship status of each applicant for voter |
---|
135 | 135 | | registration whose information is forwarded to the secretary of |
---|
136 | 136 | | state as provided by Section 13.071(c). If the department verifies |
---|
137 | 137 | | the applicant's citizenship status, the secretary of state shall |
---|
138 | 138 | | notify the registrar. If the department does not have information |
---|
139 | 139 | | regarding the citizenship status of the applicant or has |
---|
140 | 140 | | information indicating that the applicant is not a citizen, the |
---|
141 | 141 | | registrar and the applicant shall be notified as provided by |
---|
142 | 142 | | secretary of state rule. |
---|
143 | 143 | | (c) An applicant for voter registration who receives notice |
---|
144 | 144 | | under Subsection (b) must provide proof of citizenship to the |
---|
145 | 145 | | registrar not later than the 60th day after the date of receipt. |
---|
146 | 146 | | Except as provided by Subsection (d), this proof must be presented |
---|
147 | 147 | | in person. The following is acceptable as proof of citizenship |
---|
148 | 148 | | under this section: |
---|
149 | 149 | | (1) an unexpired passport issued to the person; |
---|
150 | 150 | | (2) a certified copy of a birth certificate or other |
---|
151 | 151 | | document confirming the person's birth that is admissible in a |
---|
152 | 152 | | court of law and establishes the person's identity, presented with |
---|
153 | 153 | | a government-issued identification that contains the person's |
---|
154 | 154 | | photograph; or |
---|
155 | 155 | | (3) United States citizenship papers issued to the |
---|
156 | 156 | | person, presented with a government-issued identification that |
---|
157 | 157 | | contains the person's photograph. |
---|
158 | 158 | | (d) An applicant may mail a certified copy of a document |
---|
159 | 159 | | described by Subsection (c)(2) or (3) with a copy of the person's |
---|
160 | 160 | | government-issued photo identification to the registrar. |
---|
161 | 161 | | (e) If an applicant does not provide proof of citizenship as |
---|
162 | 162 | | required, the registrar shall cancel the registration and notify |
---|
163 | 163 | | the secretary of state. The secretary of state shall keep a list of |
---|
164 | 164 | | applicants of whom the secretary receives notice under this |
---|
165 | 165 | | section. |
---|
166 | 166 | | (f) The secretary of state shall adopt rules and prescribe |
---|
167 | 167 | | procedures to implement this section. |
---|
168 | 168 | | SECTION 6. Section 15.021, Election Code, is amended by |
---|
169 | 169 | | adding Subsection (d-1) to read as follows: |
---|
170 | 170 | | (d-1) If the registrar receives a notification from the |
---|
171 | 171 | | Department of Public Safety under Section 521.054(e), |
---|
172 | 172 | | Transportation Code, that a voter registered in the registrar's |
---|
173 | 173 | | county has changed the voter's address, the registrar shall |
---|
174 | 174 | | consider the notification a notice submitted under Subsection (a). |
---|
175 | 175 | | SECTION 7. Section 15.082(b), Election Code, is amended to |
---|
176 | 176 | | read as follows: |
---|
177 | 177 | | (b) The registrar may not charge a fee for a [each] list or |
---|
178 | 178 | | portion of a list furnished under this section [may not exceed the |
---|
179 | 179 | | actual expense incurred in reproducing the list or portion for the |
---|
180 | 180 | | person requesting it and shall be uniform for each type of copy |
---|
181 | 181 | | furnished. The registrar shall make reasonable efforts to minimize |
---|
182 | 182 | | the reproduction expenses]. |
---|
183 | 183 | | SECTION 8. Section 15.084(b), Election Code, is amended to |
---|
184 | 184 | | read as follows: |
---|
185 | 185 | | (b) The secretary of state may not charge a fee for a [each] |
---|
186 | 186 | | list or portion of a list furnished under this section [may not |
---|
187 | 187 | | exceed the actual expense incurred in reproducing the list or |
---|
188 | 188 | | portion for the person requesting it and shall be uniform for each |
---|
189 | 189 | | type of copy furnished]. |
---|
190 | 190 | | SECTION 9. Subchapter A, Chapter 16, Election Code, is |
---|
191 | 191 | | amended by adding Section 16.0035 to read as follows: |
---|
192 | 192 | | Sec. 16.0035. TAX RECORD AUDIT. (a) Once per year, the |
---|
193 | 193 | | county tax assessor-collector shall audit the county's tax records |
---|
194 | 194 | | to determine if the records indicate that a person 18 years or older |
---|
195 | 195 | | who has resided in the county in the previous year has died, is no |
---|
196 | 196 | | longer a resident of the county, is not a citizen of the United |
---|
197 | 197 | | States, or is otherwise ineligible to vote. |
---|
198 | 198 | | (b) The tax assessor-collector shall forward the records |
---|
199 | 199 | | described by Subsection (a) to the registrar for cancellation |
---|
200 | 200 | | following investigation under Section 16.033. |
---|
201 | 201 | | SECTION 10. Section 16.033(b), Election Code, is amended to |
---|
202 | 202 | | read as follows: |
---|
203 | 203 | | (b) If the registrar receives a record under Section 16.0035 |
---|
204 | 204 | | or otherwise has reason to believe that a voter is no longer |
---|
205 | 205 | | eligible for registration, the registrar shall deliver written |
---|
206 | 206 | | notice to the voter indicating that the voter's registration status |
---|
207 | 207 | | is being investigated by the registrar. The notice shall be |
---|
208 | 208 | | delivered by forwardable mail to the mailing address on the voter's |
---|
209 | 209 | | registration application and to any new address of the voter known |
---|
210 | 210 | | to the registrar. If the secretary of state has adopted or |
---|
211 | 211 | | recommended a form for a written notice under this section, the |
---|
212 | 212 | | registrar must use that form. |
---|
213 | 213 | | SECTION 11. Section 16.0332(a), Election Code, is amended |
---|
214 | 214 | | to read as follows: |
---|
215 | 215 | | (a) After the registrar receives a list under Section 18.068 |
---|
216 | 216 | | of this code or Section 62.113, Government Code, of persons excused |
---|
217 | 217 | | or disqualified from jury service or otherwise determined to be |
---|
218 | 218 | | ineligible to vote because of citizenship status, the registrar |
---|
219 | 219 | | shall deliver to each registered voter whose name appears on the |
---|
220 | 220 | | list a written notice requiring the voter to submit to the registrar |
---|
221 | 221 | | proof of United States citizenship in the form of a certified copy |
---|
222 | 222 | | of the voter's birth certificate, United States passport, or |
---|
223 | 223 | | certificate of naturalization or any other form prescribed by the |
---|
224 | 224 | | secretary of state. The notice shall be delivered by forwardable |
---|
225 | 225 | | mail to the mailing address on the voter's registration application |
---|
226 | 226 | | and to any new address of the voter known to the registrar. |
---|
227 | 227 | | SECTION 12. Section 18.005, Election Code, is amended by |
---|
228 | 228 | | amending Subsection (a) and adding Subsection (d) to read as |
---|
229 | 229 | | follows: |
---|
230 | 230 | | (a) Each original and supplemental list of registered |
---|
231 | 231 | | voters must: |
---|
232 | 232 | | (1) contain the voter's name, date of birth, and |
---|
233 | 233 | | registration number as provided by the statewide computerized voter |
---|
234 | 234 | | registration list; |
---|
235 | 235 | | (2) contain the voter's residence address, except as |
---|
236 | 236 | | provided by Subsections (b) and (c) or Section 18.0051; |
---|
237 | 237 | | (3) be arranged alphabetically by voter name; [and] |
---|
238 | 238 | | (4) contain the notation required by Section 15.111; |
---|
239 | 239 | | and |
---|
240 | 240 | | (5) contain the voter's photograph if provided to the |
---|
241 | 241 | | registrar under an agreement made under Subsection (d). |
---|
242 | 242 | | (d) A voter registrar shall enter into an agreement with the |
---|
243 | 243 | | Department of Public Safety under which a photograph in the |
---|
244 | 244 | | database of the Department of Public Safety is provided to the |
---|
245 | 245 | | registrar if the photograph is of a registered voter in the county. |
---|
246 | 246 | | SECTION 13. Section 18.061(b), Election Code, is amended to |
---|
247 | 247 | | read as follows: |
---|
248 | 248 | | (b) The statewide computerized voter registration list |
---|
249 | 249 | | must: |
---|
250 | 250 | | (1) contain the name and registration information of |
---|
251 | 251 | | each voter registered in the state; |
---|
252 | 252 | | (2) assign a unique identifier to each registered |
---|
253 | 253 | | voter; [and] |
---|
254 | 254 | | (3) be available to any election official in the state |
---|
255 | 255 | | through immediate electronic access; and |
---|
256 | 256 | | (4) be designed to integrate and interact easily with |
---|
257 | 257 | | other state computerized databases. |
---|
258 | 258 | | SECTION 14. Section 18.068, Election Code, is amended by |
---|
259 | 259 | | amending Subsections (a), (b), (c), (e), and (f) and adding |
---|
260 | 260 | | Subsections (a-1) and (a-2) to read as follows: |
---|
261 | 261 | | (a) The secretary of state shall monthly [quarterly] |
---|
262 | 262 | | compare the information received under Subchapter A, Chapter 16, |
---|
263 | 263 | | [Section 16.001] of this code and Sections [Section] 62.113 and |
---|
264 | 264 | | 62.114, Government Code, to the statewide computerized voter |
---|
265 | 265 | | registration list. |
---|
266 | 266 | | (a-1) The secretary of state shall enter into an agreement |
---|
267 | 267 | | with the Department of Public Safety, the Texas Department of |
---|
268 | 268 | | Criminal Justice, the vital statistics unit of the Department of |
---|
269 | 269 | | State Health Services, and the Health and Human Services Commission |
---|
270 | 270 | | under which information in any database maintained by the |
---|
271 | 271 | | department, unit, or commission is provided to the secretary of |
---|
272 | 272 | | state if the information concerns a person who is at least 18 years |
---|
273 | 273 | | of age and: |
---|
274 | 274 | | (1) has indicated in connection with a service sought |
---|
275 | 275 | | by or provided to the person by the department, unit, or commission |
---|
276 | 276 | | that the person is not a citizen, has changed residence addresses, |
---|
277 | 277 | | or is otherwise ineligible to vote under Section 13.001; or |
---|
278 | 278 | | (2) for whom the department, unit, or commission has |
---|
279 | 279 | | received information indicating the person is deceased. |
---|
280 | 280 | | (a-2) If the secretary of state determines from information |
---|
281 | 281 | | received under Subsection (a) or (a-1) that a voter on the |
---|
282 | 282 | | registration list may be ineligible to vote [is deceased or has been |
---|
283 | 283 | | excused or disqualified from jury service because the voter is not a |
---|
284 | 284 | | citizen], the secretary shall send notice of the determination to |
---|
285 | 285 | | the attorney general and the voter registrar of the counties |
---|
286 | 286 | | considered appropriate by the secretary. |
---|
287 | 287 | | (b) The secretary of state shall by rule determine what |
---|
288 | 288 | | information combinations identified as common to a voter and to an |
---|
289 | 289 | | individual who is deceased or ineligible to vote constitute a weak |
---|
290 | 290 | | match or a strong match in order to: |
---|
291 | 291 | | (1) produce the least possible impact on Texas voters; |
---|
292 | 292 | | and |
---|
293 | 293 | | (2) fulfill its responsibility to manage the voter |
---|
294 | 294 | | rolls. |
---|
295 | 295 | | (c) The secretary of state may not determine that a voter is |
---|
296 | 296 | | deceased or ineligible to vote based on a weak match. The secretary |
---|
297 | 297 | | of state may inform the county of the voter's residence that a weak |
---|
298 | 298 | | match exists. |
---|
299 | 299 | | (e) The secretary of state may determine that a voter is |
---|
300 | 300 | | deceased or ineligible to vote based on a strong match. |
---|
301 | 301 | | (f) The secretary of state may obtain, for purposes of |
---|
302 | 302 | | determining whether a voter is deceased or ineligible to vote, |
---|
303 | 303 | | information from [other state agency] databases maintained by state |
---|
304 | 304 | | agencies not listed in Subsection (a-1) relating to a voter that is |
---|
305 | 305 | | the same type of information that the secretary of state or a voter |
---|
306 | 306 | | registrar collects or stores for voter registration purposes. |
---|
307 | 307 | | SECTION 15. Section 20.032, Election Code, is amended by |
---|
308 | 308 | | amending Subsection (a) and adding Subsection (a-1) to read as |
---|
309 | 309 | | follows: |
---|
310 | 310 | | (a) Except as provided by Subsection (a-1), an [An] |
---|
311 | 311 | | appropriate agency employee shall routinely inform each person who |
---|
312 | 312 | | applies in person for agency services of the opportunity to |
---|
313 | 313 | | complete a voter registration application form and on request shall |
---|
314 | 314 | | provide nonpartisan voter registration assistance to the |
---|
315 | 315 | | applicant. |
---|
316 | 316 | | (a-1) An employee of a voter registration agency may not |
---|
317 | 317 | | offer voter registration assistance under this chapter if a person |
---|
318 | 318 | | applies for agency services using identification issued by a |
---|
319 | 319 | | foreign country. |
---|
320 | 320 | | SECTION 16. Section 20.063, Election Code, is amended by |
---|
321 | 321 | | adding Subsection (e) to read as follows: |
---|
322 | 322 | | (e) A person who submits a voter registration application to |
---|
323 | 323 | | the department in person shall at the time of submission present as |
---|
324 | 324 | | proof of citizenship: |
---|
325 | 325 | | (1) an unexpired passport issued to the person; |
---|
326 | 326 | | (2) a certified copy of a birth certificate or other |
---|
327 | 327 | | document confirming the person's birth that is admissible in a |
---|
328 | 328 | | court of law and establishes the person's identity; or |
---|
329 | 329 | | (3) United States citizenship papers issued to the |
---|
330 | 330 | | person. |
---|
331 | 331 | | SECTION 17. Sections 31.014(a) and (c), Election Code, are |
---|
332 | 332 | | amended to read as follows: |
---|
333 | 333 | | (a) The secretary of state shall prescribe specific |
---|
334 | 334 | | requirements and standards, consistent with this code, for the |
---|
335 | 335 | | certification of an electronic device used to accept voters under |
---|
336 | 336 | | Chapter 63 that require the device to: |
---|
337 | 337 | | (1) produce an electronic copy of the list of voters |
---|
338 | 338 | | who were accepted to vote for delivery to the election judge after |
---|
339 | 339 | | the polls close; |
---|
340 | 340 | | (2) display the voter's original signature in |
---|
341 | 341 | | accordance with Section 63.002; |
---|
342 | 342 | | (3) accept a voter for voting even when the device is |
---|
343 | 343 | | off-line; |
---|
344 | 344 | | (4) provide the full list of voters registered in the |
---|
345 | 345 | | county with an indication of the jurisdictional or distinguishing |
---|
346 | 346 | | number for each territorial unit in which each voter resides; |
---|
347 | 347 | | (5) time-stamp when each voter is accepted at a |
---|
348 | 348 | | polling place, including the voter's unique identifier; |
---|
349 | 349 | | (6) if the county [participates in the countywide |
---|
350 | 350 | | polling place program under Section 43.007 or] has more than one |
---|
351 | 351 | | early voting polling place, transmit a time stamp when each voter is |
---|
352 | 352 | | accepted, including the voter's unique identifier, to all polling |
---|
353 | 353 | | place locations; |
---|
354 | 354 | | (7) time-stamp the receipt of a transmission under |
---|
355 | 355 | | Subdivision (6); and |
---|
356 | 356 | | (8) produce in an electronic format compatible with |
---|
357 | 357 | | the statewide voter registration list under Section 18.061 data for |
---|
358 | 358 | | retention and transfer that includes: |
---|
359 | 359 | | (A) the polling location in which the device was |
---|
360 | 360 | | used; |
---|
361 | 361 | | (B) the dated time stamp under Subdivision (5); |
---|
362 | 362 | | and |
---|
363 | 363 | | (C) the dated time stamp under Subdivision (7). |
---|
364 | 364 | | (c) The secretary of state shall adopt rules that require a |
---|
365 | 365 | | device described by this section used during the early voting |
---|
366 | 366 | | period [or under the countywide polling place program under Section |
---|
367 | 367 | | 43.007] to update data in real time. If a county uses a device that |
---|
368 | 368 | | does not comply with the rule in two consecutive general elections |
---|
369 | 369 | | for state and county officers, the secretary of state shall assess a |
---|
370 | 370 | | noncompliance fee. The noncompliance fee shall be set at an amount |
---|
371 | 371 | | determined by secretary of state rule. |
---|
372 | 372 | | SECTION 18. Section 32.002(c-1), Election Code, is amended |
---|
373 | 373 | | to read as follows: |
---|
374 | 374 | | (c-1) For purposes of this subsection, the county chair |
---|
375 | 375 | | shall provide a list of names of persons eligible for appointment as |
---|
376 | 376 | | election judges. [Judges of countywide polling places established |
---|
377 | 377 | | under Section 43.007 must be appointed from the list of names of |
---|
378 | 378 | | persons submitted by the county chair in compliance with Subsection |
---|
379 | 379 | | (c) except that in appointing a person from the list the |
---|
380 | 380 | | commissioners court shall apportion the number of judges in direct |
---|
381 | 381 | | proportion to the percentage of precincts located in each county |
---|
382 | 382 | | commissioners precinct won by each party in the last gubernatorial |
---|
383 | 383 | | election, the commissioners court is not required to make the |
---|
384 | 384 | | appointments based on specific polling locations or precincts, a |
---|
385 | 385 | | presiding judge or alternate presiding judge is not required to |
---|
386 | 386 | | serve in a polling place located in the precinct in which the judge |
---|
387 | 387 | | resides, and more than one presiding judge or alternate presiding |
---|
388 | 388 | | judge may be selected from the same precinct to serve in polling |
---|
389 | 389 | | places not located in the precinct in which the judges reside. The |
---|
390 | 390 | | county chairs may submit, and the commissioners court may |
---|
391 | 391 | | preapprove, the appointment of more presiding judges or alternate |
---|
392 | 392 | | presiding judges than necessary to fill available positions. The |
---|
393 | 393 | | county clerk may select an individual whose appointment was |
---|
394 | 394 | | preapproved by the commissioners court to fill a vacancy in a |
---|
395 | 395 | | position that was held by an individual from the same political |
---|
396 | 396 | | party. Other than a judge's party affiliation, nothing in this |
---|
397 | 397 | | subsection precludes a county clerk from placing an election |
---|
398 | 398 | | officer at a countywide polling place based on the need for services |
---|
399 | 399 | | at that location.] |
---|
400 | 400 | | SECTION 19. Section 32.0511(d), Election Code, is amended |
---|
401 | 401 | | to read as follows: |
---|
402 | 402 | | (d) Not more than two student election clerks may serve at a |
---|
403 | 403 | | polling place[, except that not more than four student election |
---|
404 | 404 | | clerks may serve at any countywide polling place]. |
---|
405 | 405 | | SECTION 20. Section 33.006(b), Election Code, is amended to |
---|
406 | 406 | | read as follows: |
---|
407 | 407 | | (b) A certificate of appointment must: |
---|
408 | 408 | | (1) be in writing and signed by the appointing |
---|
409 | 409 | | authority or, for an appointment for a write-in candidate under |
---|
410 | 410 | | Section 33.004, by each of the voters making the appointment; |
---|
411 | 411 | | (2) indicate the capacity in which the appointing |
---|
412 | 412 | | authority is acting; |
---|
413 | 413 | | (3) state the name, residence address, and voter |
---|
414 | 414 | | registration number of the appointee and be signed by the |
---|
415 | 415 | | appointee; |
---|
416 | 416 | | (4) identify the election and the precinct polling |
---|
417 | 417 | | place or other location at which the appointee is to serve; and |
---|
418 | 418 | | (5) in an election on a measure, identify the measure |
---|
419 | 419 | | if more than one is to be voted on and state which side of the |
---|
420 | 420 | | measure the appointee represents[; and |
---|
421 | 421 | | [(6) contain an affidavit executed by the appointee |
---|
422 | 422 | | stating that the appointee will not have possession of a device |
---|
423 | 423 | | capable of recording images or sound or that the appointee will |
---|
424 | 424 | | disable or deactivate the device while serving as a watcher]. |
---|
425 | 425 | | SECTION 21. Section 33.031, Election Code, is amended to |
---|
426 | 426 | | read as follows: |
---|
427 | 427 | | Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [(a)] To |
---|
428 | 428 | | be eligible to serve as a watcher, a person must be a qualified |
---|
429 | 429 | | voter [: |
---|
430 | 430 | | [(1) of the county in which the person is to serve, in |
---|
431 | 431 | | an election ordered by the governor or a county authority or in a |
---|
432 | 432 | | primary election; |
---|
433 | 433 | | [(2) of the part of the county in which the election is |
---|
434 | 434 | | held, in an election ordered by the governor or a county authority |
---|
435 | 435 | | that does not cover the entire county of the person's residence; and |
---|
436 | 436 | | [(3) of the political subdivision, in an election |
---|
437 | 437 | | ordered by an authority of a political subdivision other than a |
---|
438 | 438 | | county]. |
---|
439 | 439 | | SECTION 22. Section 33.051(c), Election Code, is amended to |
---|
440 | 440 | | read as follows: |
---|
441 | 441 | | (c) [A watcher may not be accepted for service if the |
---|
442 | 442 | | watcher has possession of a device capable of recording images or |
---|
443 | 443 | | sound unless the watcher agrees to disable or deactivate the |
---|
444 | 444 | | device.] The presiding judge may inquire whether a watcher has |
---|
445 | 445 | | possession of a [any prohibited] recording device before accepting |
---|
446 | 446 | | the watcher for service. |
---|
447 | 447 | | SECTION 23. Section 33.056, Election Code, is amended by |
---|
448 | 448 | | amending Subsection (a) and adding Subsection (e) to read as |
---|
449 | 449 | | follows: |
---|
450 | 450 | | (a) Except as provided by Section 33.057, a watcher is |
---|
451 | 451 | | entitled to observe any activity conducted at the location at which |
---|
452 | 452 | | the watcher is serving. A watcher is entitled to sit or stand |
---|
453 | 453 | | [conveniently] near enough to see and hear the election officers |
---|
454 | 454 | | conducting the observed activity, except as otherwise prohibited by |
---|
455 | 455 | | this chapter. |
---|
456 | 456 | | (e) Except as provided by Section 33.057(b), a watcher may |
---|
457 | 457 | | not be denied free movement within the location at which the watcher |
---|
458 | 458 | | is serving. |
---|
459 | 459 | | SECTION 24. Section 33.061, Election Code, is amended by |
---|
460 | 460 | | adding Subsections (c) and (d) to read as follows: |
---|
461 | 461 | | (c) An offense under Subsection (a) includes an action taken |
---|
462 | 462 | | to distance or obstruct the view of a watcher in a way that makes |
---|
463 | 463 | | observation reasonably ineffective. |
---|
464 | 464 | | (d) A person who has committed an offense under this section |
---|
465 | 465 | | may also be: |
---|
466 | 466 | | (1) suspended or terminated; |
---|
467 | 467 | | (2) liable to the state for a civil penalty not to |
---|
468 | 468 | | exceed $4,000 for each violation; or |
---|
469 | 469 | | (3) any combination of these. |
---|
470 | 470 | | SECTION 25. Section 43.001, Election Code, is amended to |
---|
471 | 471 | | read as follows: |
---|
472 | 472 | | Sec. 43.001. AT LEAST ONE POLLING PLACE IN EACH PRECINCT. |
---|
473 | 473 | | Each election precinct established for an election shall be served |
---|
474 | 474 | | by at least one [a single] polling place located within the boundary |
---|
475 | 475 | | of the precinct. |
---|
476 | 476 | | SECTION 26. Section 43.031, Election Code, is amended by |
---|
477 | 477 | | adding Subsection (b-1) to read as follows: |
---|
478 | 478 | | (b-1) A polling place may not be located in: |
---|
479 | 479 | | (1) a tent or other temporary or movable structure; or |
---|
480 | 480 | | (2) a parking garage, parking lot, or similar facility |
---|
481 | 481 | | primarily designed for motor vehicles. |
---|
482 | 482 | | SECTION 27. Section 51.005(a), Election Code, is amended to |
---|
483 | 483 | | read as follows: |
---|
484 | 484 | | (a) The authority responsible for procuring the election |
---|
485 | 485 | | supplies for an election shall provide for each election precinct a |
---|
486 | 486 | | number of ballots equal to [at least the percentage of voters who |
---|
487 | 487 | | voted in that precinct in the most recent corresponding election |
---|
488 | 488 | | plus 25 percent of that number, except that the number of ballots |
---|
489 | 489 | | provided may not exceed] the total number of registered voters in |
---|
490 | 490 | | the precinct. |
---|
491 | 491 | | SECTION 28. Subchapter C, Chapter 52, Election Code, is |
---|
492 | 492 | | amended by adding Section 52.076 to read as follows: |
---|
493 | 493 | | Sec. 52.076. IDENTIFYING CODE OR MICROCHIP FOR MAIL-IN |
---|
494 | 494 | | BALLOTS. (a) Each early voting ballot voted by mail must include a |
---|
495 | 495 | | unique barcode or microchip used to ensure that the ballot is only |
---|
496 | 496 | | counted once. |
---|
497 | 497 | | (b) No record associating an individual voter with a barcode |
---|
498 | 498 | | or microchip assigned to a ballot under this section may be created. |
---|
499 | 499 | | (c) The secretary of state by rule shall provide for the |
---|
500 | 500 | | design and distribution of a unique barcode or microchip system in a |
---|
501 | 501 | | manner that, to the greatest extent possible, prevents the |
---|
502 | 502 | | unauthorized reproduction or misuse of mail ballots. |
---|
503 | 503 | | SECTION 29. Section 61.001, Election Code, is amended by |
---|
504 | 504 | | adding Subsection (e) to read as follows: |
---|
505 | 505 | | (e) As necessary at any time, the presiding judge or a |
---|
506 | 506 | | watcher may request that a trained peace officer enter the polling |
---|
507 | 507 | | place to enforce a law or prevent a violation under this code. |
---|
508 | 508 | | SECTION 30. Section 61.002, Election Code, is amended to |
---|
509 | 509 | | read as follows: |
---|
510 | 510 | | Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before |
---|
511 | 511 | | opening the polls for voting, the presiding election judge shall |
---|
512 | 512 | | confirm that each voting machine has any public counter reset to |
---|
513 | 513 | | zero and shall print the tape that shows the counter was set to |
---|
514 | 514 | | zero. |
---|
515 | 515 | | (b) Each election judge present shall sign a tape printed |
---|
516 | 516 | | under Subsection (a). Any watcher present may sign a tape printed |
---|
517 | 517 | | under Subsection (a). |
---|
518 | 518 | | (c) At the official time for opening the polls for voting, |
---|
519 | 519 | | an election officer shall open the polling place entrance and admit |
---|
520 | 520 | | the voters. |
---|
521 | 521 | | SECTION 31. Section 61.014, Election Code, is amended by |
---|
522 | 522 | | amending Subsections (a) and (b) and adding Subsection (b-1) to |
---|
523 | 523 | | read as follows: |
---|
524 | 524 | | (a) A person, other than a watcher using the device solely |
---|
525 | 525 | | to record image or sound as permitted under Subsection (b), may not |
---|
526 | 526 | | use a wireless communication device within 100 feet of a voting |
---|
527 | 527 | | station. |
---|
528 | 528 | | (b) A person, other than a watcher, may not use a [any] |
---|
529 | 529 | | mechanical or electronic device to record [means of recording] |
---|
530 | 530 | | images or sound that captures the activity [within 100 feet] of a |
---|
531 | 531 | | voter at a voting station, unless the voter is receiving assistance |
---|
532 | 532 | | the watcher reasonably believes to be unlawful. |
---|
533 | 533 | | (b-1) A recording made by a watcher under Subsection (b) may |
---|
534 | 534 | | not capture or record any information on a voter's ballot. |
---|
535 | 535 | | SECTION 32. Subchapter A, Chapter 61, Election Code, is |
---|
536 | 536 | | amended by adding Section 61.0141 to read as follows: |
---|
537 | 537 | | Sec. 61.0141. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. |
---|
538 | 538 | | A person performing requested repairs or maintenance of equipment |
---|
539 | 539 | | at a polling place during voting in accordance with this title may, |
---|
540 | 540 | | as necessary, enter the polling place with an electronic device |
---|
541 | 541 | | capable of being connected to the Internet. After performing the |
---|
542 | 542 | | requested repairs or maintenance, the person shall, not later than |
---|
543 | 543 | | the third business day after the date the person entered the polling |
---|
544 | 544 | | place, file an exception report with the secretary of state in a |
---|
545 | 545 | | form adopted by the secretary for that purpose. |
---|
546 | 546 | | SECTION 33. Chapter 62, Election Code, is amended by adding |
---|
547 | 547 | | Section 62.017 to read as follows: |
---|
548 | 548 | | Sec. 62.017. VIDEO RECORDING. Video cameras must be posted |
---|
549 | 549 | | at a polling place to enable recording of all activity, other than |
---|
550 | 550 | | voting, being conducted at a polling place. |
---|
551 | 551 | | SECTION 34. Sections 63.001(b), (d), and (e), Election |
---|
552 | 552 | | Code, are amended to read as follows: |
---|
553 | 553 | | (b) Except as provided by Subsection (h), on offering to |
---|
554 | 554 | | vote, a voter must present to an election officer at the polling |
---|
555 | 555 | | place[: |
---|
556 | 556 | | [(1)] one form of photo identification listed in |
---|
557 | 557 | | Section 63.0101(a)[; or |
---|
558 | 558 | | [(2) one form of identification listed in Section |
---|
559 | 559 | | 63.0101(b) accompanied by the declaration described by Subsection |
---|
560 | 560 | | (i)]. |
---|
561 | 561 | | (d) If, as determined under Subsection (c), the voter's name |
---|
562 | 562 | | is on the precinct list of registered voters and the voter's |
---|
563 | 563 | | identity can be verified from the documentation presented under |
---|
564 | 564 | | Subsection (b), the voter shall be accepted for voting. [An |
---|
565 | 565 | | election officer may not question the reasonableness of an |
---|
566 | 566 | | impediment sworn to by a voter in a declaration described by |
---|
567 | 567 | | Subsection (i).] |
---|
568 | 568 | | (e) On accepting a voter, an election officer shall indicate |
---|
569 | 569 | | beside the voter's name on the list of registered voters that the |
---|
570 | 570 | | voter is accepted for voting. [If the voter executes a declaration |
---|
571 | 571 | | of reasonable impediment to meet the requirement for identification |
---|
572 | 572 | | under Subsection (b), the election officer must affix the voter's |
---|
573 | 573 | | voter registration number to the declaration either in numeric or |
---|
574 | 574 | | bar code form.] |
---|
575 | 575 | | SECTION 35. Section 63.003, Election Code, is amended by |
---|
576 | 576 | | adding Subsection (e) to read as follows: |
---|
577 | 577 | | (e) If the poll list is in the form of an electronic device, |
---|
578 | 578 | | a paper copy must be kept on site as backup. |
---|
579 | 579 | | SECTION 36. Section 63.004, Election Code, is amended by |
---|
580 | 580 | | adding Subsection (f) to read as follows: |
---|
581 | 581 | | (f) If the combination form is in the form of an electronic |
---|
582 | 582 | | device, a paper copy must be kept on site as backup. |
---|
583 | 583 | | SECTION 37. Section 63.004(a), Election Code, is amended to |
---|
584 | 584 | | read as follows: |
---|
585 | 585 | | (a) The secretary of state may prescribe forms that combine |
---|
586 | 586 | | the poll list, the signature roster, or any other form used in |
---|
587 | 587 | | connection with the acceptance of voters at polling places with |
---|
588 | 588 | | each other or with the list of registered voters. The secretary |
---|
589 | 589 | | shall prescribe any special instructions necessary for using the |
---|
590 | 590 | | combination forms. [The combination forms must include space for |
---|
591 | 591 | | an election officer to indicate whether a voter executed a |
---|
592 | 592 | | declaration of reasonable impediment under Section 63.001(i).] |
---|
593 | 593 | | SECTION 38. Section 63.0101(a), Election Code, is amended |
---|
594 | 594 | | to read as follows: |
---|
595 | 595 | | (a) The following documentation is an acceptable form of |
---|
596 | 596 | | photo identification under this chapter: |
---|
597 | 597 | | (1) a driver's license, election identification |
---|
598 | 598 | | certificate, or personal identification card issued to the voter |
---|
599 | 599 | | [person] by the Department of Public Safety that has not expired or |
---|
600 | 600 | | that expired no earlier than four years before the date of |
---|
601 | 601 | | presentation; |
---|
602 | 602 | | (2) a United States military identification card that |
---|
603 | 603 | | contains the voter's [person's] photograph that has not expired or |
---|
604 | 604 | | that expired no earlier than four years before the date of |
---|
605 | 605 | | presentation; |
---|
606 | 606 | | (3) a United States citizenship certificate issued to |
---|
607 | 607 | | the voter [person] that contains the voter's [person's] photograph; |
---|
608 | 608 | | (4) a United States passport book or card issued to the |
---|
609 | 609 | | voter [person] that has not expired or that expired no earlier than |
---|
610 | 610 | | four years before the date of presentation; [or] |
---|
611 | 611 | | (5) a license to carry a handgun issued to the voter |
---|
612 | 612 | | [person] by the Department of Public Safety that has not expired or |
---|
613 | 613 | | that expired no earlier than four years before the date of |
---|
614 | 614 | | presentation; |
---|
615 | 615 | | (6) an official Native American identification card or |
---|
616 | 616 | | tribal document that: |
---|
617 | 617 | | (A) contains the voter's photograph and address; |
---|
618 | 618 | | and |
---|
619 | 619 | | (B) is issued by a tribal organization or by a |
---|
620 | 620 | | tribe that is federally recognized and located in this state; or |
---|
621 | 621 | | (7) an identification card issued by an institution of |
---|
622 | 622 | | higher education located in this state that contains the voter's |
---|
623 | 623 | | photograph and identifies the voter as a citizen of the United |
---|
624 | 624 | | States. |
---|
625 | 625 | | SECTION 39. Section 64.012, Election Code, is amended by |
---|
626 | 626 | | adding Subsections (a-1) and (b-1) and amending Subsection (b) to |
---|
627 | 627 | | read as follows: |
---|
628 | 628 | | (a-1) An election officer commits an offense if the officer |
---|
629 | 629 | | permits a person to vote in an election when the officer knows the |
---|
630 | 630 | | person is not registered to vote. |
---|
631 | 631 | | (b) An offense under Subsection (a) [this section] is a |
---|
632 | 632 | | felony of the second degree unless the person is convicted of an |
---|
633 | 633 | | attempt. In that case, the offense is a state jail felony. |
---|
634 | 634 | | (b-1) An offense under Subsection (a-1) is a Class A |
---|
635 | 635 | | misdemeanor. |
---|
636 | 636 | | SECTION 40. Subchapter B, Chapter 64, Election Code, is |
---|
637 | 637 | | amended by adding Section 64.0322 to read as follows: |
---|
638 | 638 | | Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A |
---|
639 | 639 | | person, other than an election officer, who assists a voter in |
---|
640 | 640 | | accordance with this chapter is required to complete a form |
---|
641 | 641 | | stating: |
---|
642 | 642 | | (1) the name, telephone number, and address of the |
---|
643 | 643 | | person assisting the voter; |
---|
644 | 644 | | (2) the manner in which the person assisted the voter; |
---|
645 | 645 | | (3) the reason the assistance was necessary; and |
---|
646 | 646 | | (4) the relationship of the assistant to the voter. |
---|
647 | 647 | | (b) A person who submits a form under Subsection (a) shall |
---|
648 | 648 | | present an acceptable photo identification under Section 63.0101. |
---|
649 | 649 | | (c) The secretary of state shall prescribe the form required |
---|
650 | 650 | | by this section. The form must be incorporated into the official |
---|
651 | 651 | | carrier envelope if the voter is voting an early voting ballot by |
---|
652 | 652 | | mail and receives assistance under Section 86.010, or must be |
---|
653 | 653 | | submitted to an election officer at the time the voter casts a |
---|
654 | 654 | | ballot if the voter is voting at a polling place or under Section |
---|
655 | 655 | | 64.009. |
---|
656 | 656 | | SECTION 41. Sections 65.002(a) and (c), Election Code, are |
---|
657 | 657 | | amended to read as follows: |
---|
658 | 658 | | (a) The [Subject to Subsection (b), the] presiding judge may |
---|
659 | 659 | | not direct the counting of ballots to occur until [at any time] |
---|
660 | 660 | | after the polls close [have been open for one hour]. |
---|
661 | 661 | | (c) After the polls close or the last voter has voted, |
---|
662 | 662 | | whichever is later, the counting of ballots shall be conducted |
---|
663 | 663 | | continuously until all the ballots are counted. The counting may |
---|
664 | 664 | | not be interrupted except in the case of extreme circumstances, in |
---|
665 | 665 | | which case election officials must notify the public of the |
---|
666 | 666 | | suspension and the exact time counting will resume. |
---|
667 | 667 | | SECTION 42. Section 65.014, Election Code, is amended by |
---|
668 | 668 | | amending Subsection (c) and adding Subsections (c-1) and (f) to |
---|
669 | 669 | | read as follows: |
---|
670 | 670 | | (c) The returns shall be prepared as an original and three |
---|
671 | 671 | | copies, and on completing the returns, the presiding judge shall |
---|
672 | 672 | | sign each one to certify its accuracy. Any watcher present at the |
---|
673 | 673 | | polling place must be allowed to inspect and sign each copy of the |
---|
674 | 674 | | returns. |
---|
675 | 675 | | (c-1) The presiding judge shall publicly post at the polling |
---|
676 | 676 | | place one of the copies printed under Subsection (c) before the |
---|
677 | 677 | | presiding judge leaves the premises. |
---|
678 | 678 | | (f) The presiding judge shall sign an affidavit stating that |
---|
679 | 679 | | the returns, to the best of the judge's knowledge, represent the |
---|
680 | 680 | | actual results of the election. |
---|
681 | 681 | | SECTION 43. Subchapter A, Chapter 65, Election Code, is |
---|
682 | 682 | | amended by adding Section 65.0155 to read as follows: |
---|
683 | 683 | | Sec. 65.0155. PUBLIC STREAMING OF ELECTION ACTIVITY. (a) |
---|
684 | 684 | | The county clerk shall provide cameras and other equipment to each |
---|
685 | 685 | | polling place, meeting place for an early voting ballot board, or |
---|
686 | 686 | | central counting station involved in the election, and shall |
---|
687 | 687 | | provide a live video stream on the county clerk's Internet website |
---|
688 | 688 | | of any election activity conducted at a polling place, meeting |
---|
689 | 689 | | place for an early voting ballot board, or central counting |
---|
690 | 690 | | station. |
---|
691 | 691 | | (b) The secretary of state shall adopt rules necessary for |
---|
692 | 692 | | the implementation of this section. |
---|
693 | 693 | | SECTION 44. Subchapter A, Chapter 65, Election Code, is |
---|
694 | 694 | | amended by adding Sections 65.016 and 65.017 to read as follows: |
---|
695 | 695 | | Sec. 65.016. VOTE COUNTING EQUIPMENT. No equipment to |
---|
696 | 696 | | count votes shall be used that is capable of being connected to the |
---|
697 | 697 | | Internet or any other computer network. |
---|
698 | 698 | | Sec. 65.017. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. |
---|
699 | 699 | | A person performing requested repairs or maintenance of equipment |
---|
700 | 700 | | at a polling place in accordance with this title may, as necessary, |
---|
701 | 701 | | enter the polling place with an electronic device capable of being |
---|
702 | 702 | | connected to the Internet while vote counting is being conducted. |
---|
703 | 703 | | After performing the requested repairs or maintenance, the person |
---|
704 | 704 | | shall, not later than the third business day after the date the |
---|
705 | 705 | | person entered the polling place, file an exception report with the |
---|
706 | 706 | | secretary of state in a form adopted by the secretary for that |
---|
707 | 707 | | purpose. |
---|
708 | 708 | | SECTION 45. Subchapter B, Chapter 66, Election Code, is |
---|
709 | 709 | | amended by adding Section 66.027 to read as follows: |
---|
710 | 710 | | Sec. 66.027. SECRETARY OF STATE TO PROVIDE SECURE |
---|
711 | 711 | | LOCKBOXES. The secretary of state shall provide a secure lockbox |
---|
712 | 712 | | suitable for containing each type of election record described |
---|
713 | 713 | | under this subchapter. |
---|
714 | 714 | | SECTION 46. Section 66.052, Election Code, is amended to |
---|
715 | 715 | | read as follows: |
---|
716 | 716 | | Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY. |
---|
717 | 717 | | (a) A delivery of election records or supplies that is to be |
---|
718 | 718 | | performed by the presiding judge may be performed by an election |
---|
719 | 719 | | clerk designated by the presiding judge. |
---|
720 | 720 | | (b) The presiding judge or an election clerk designated by |
---|
721 | 721 | | the presiding judge under this section must keep records of each |
---|
722 | 722 | | person that has custody of a precinct election record until the |
---|
723 | 723 | | records are delivered. |
---|
724 | 724 | | SECTION 47. Section 67.007, Election Code, is amended by |
---|
725 | 725 | | amending Subsection (c) and adding Subsection (c-1) to read as |
---|
726 | 726 | | follows: |
---|
727 | 727 | | (c) The county clerk shall certify the county returns. The |
---|
728 | 728 | | early voting ballot board must independently verify the county |
---|
729 | 729 | | returns before the county clerk can certify the returns under this |
---|
730 | 730 | | subsection. |
---|
731 | 731 | | (c-1) The secretary of state may not release election |
---|
732 | 732 | | results for a district or statewide office until each county clerk |
---|
733 | 733 | | has completed the clerk's duties under Subsection (c). |
---|
734 | 734 | | SECTION 48. Section 82.001(a), Election Code, is amended to |
---|
735 | 735 | | read as follows: |
---|
736 | 736 | | (a) Subject to Subsection (b), a qualified voter is eligible |
---|
737 | 737 | | for early voting by mail if the voter is unable [expects] to be |
---|
738 | 738 | | present in [absent from] the county of the voter's residence on |
---|
739 | 739 | | election day and during [the regular hours for conducting early |
---|
740 | 740 | | voting at the main early voting polling place for that part of] the |
---|
741 | 741 | | period for early voting by personal appearance [remaining after the |
---|
742 | 742 | | voter's early voting ballot application is submitted to the early |
---|
743 | 743 | | voting clerk]. |
---|
744 | 744 | | SECTION 49. Section 84.001(b), Election Code, is amended to |
---|
745 | 745 | | read as follows: |
---|
746 | 746 | | (b) An application must be in writing and signed by the |
---|
747 | 747 | | applicant. An electronic signature that is not hand drawn is not |
---|
748 | 748 | | permitted. |
---|
749 | 749 | | SECTION 50. Section 84.002, Election Code, is amended by |
---|
750 | 750 | | amending Subsection (a) and adding Subsection (c) to read as |
---|
751 | 751 | | follows: |
---|
752 | 752 | | (a) An early voting ballot application must include: |
---|
753 | 753 | | (1) the applicant's name and the address at which the |
---|
754 | 754 | | applicant is registered to vote; |
---|
755 | 755 | | (1-a) a copy of one form of photo identification |
---|
756 | 756 | | listed in Section 63.0101(a); |
---|
757 | 757 | | (2) for an application for a ballot to be voted by mail |
---|
758 | 758 | | on the ground of absence from the county of residence, the address |
---|
759 | 759 | | outside the applicant's county of residence to which the ballot is |
---|
760 | 760 | | to be mailed; |
---|
761 | 761 | | (3) for an application for a ballot to be voted by mail |
---|
762 | 762 | | on the ground of [age or] disability, the address of the hospital, |
---|
763 | 763 | | nursing home or other long-term care facility, or retirement |
---|
764 | 764 | | center, or of a person related to the applicant within the second |
---|
765 | 765 | | degree by affinity or the third degree by consanguinity, as |
---|
766 | 766 | | determined under Chapter 573, Government Code, if the applicant is |
---|
767 | 767 | | living at that address and that address is different from the |
---|
768 | 768 | | address at which the applicant is registered to vote; |
---|
769 | 769 | | (4) [for an application for a ballot to be voted by |
---|
770 | 770 | | mail on the ground of confinement in jail, the address of the jail |
---|
771 | 771 | | or of a person related to the applicant within the degree described |
---|
772 | 772 | | by Subdivision (3); |
---|
773 | 773 | | [(5)] for an application for a ballot to be voted by |
---|
774 | 774 | | mail on any ground, an indication of each election for which the |
---|
775 | 775 | | applicant is applying for a ballot; and |
---|
776 | 776 | | (5) [(6)] an indication of the ground of eligibility |
---|
777 | 777 | | for early voting. |
---|
778 | 778 | | (c) Section 63.0101(c) applies to documentation provided |
---|
779 | 779 | | under this section. |
---|
780 | 780 | | SECTION 51. Section 84.011(a), Election Code, is amended to |
---|
781 | 781 | | read as follows: |
---|
782 | 782 | | (a) The officially prescribed application form for an early |
---|
783 | 783 | | voting ballot must include: |
---|
784 | 784 | | (1) immediately preceding the signature space the |
---|
785 | 785 | | statement: "I certify that the information given in this |
---|
786 | 786 | | application is true, and I understand that giving false information |
---|
787 | 787 | | in this application is a crime."; |
---|
788 | 788 | | (2) a statement informing the applicant of the |
---|
789 | 789 | | offenses prescribed by Sections 84.003 and 84.004; |
---|
790 | 790 | | (3) spaces for entering an applicant's voter |
---|
791 | 791 | | registration number and county election precinct of registration, |
---|
792 | 792 | | with a statement informing the applicant that failure to furnish |
---|
793 | 793 | | that information does not invalidate the application; and |
---|
794 | 794 | | (4) on an application for a ballot to be voted by mail: |
---|
795 | 795 | | (A) a space for an applicant applying on the |
---|
796 | 796 | | ground of absence from the county of residence to indicate the date |
---|
797 | 797 | | on or after which the applicant can receive mail at the address |
---|
798 | 798 | | outside the county; |
---|
799 | 799 | | (B) a space for indicating the fact that an |
---|
800 | 800 | | applicant whose application is signed by a witness cannot make the |
---|
801 | 801 | | applicant's mark and a space for indicating the relationship or |
---|
802 | 802 | | lack of relationship of the witness to the applicant; |
---|
803 | 803 | | (C) a space for entering an applicant's telephone |
---|
804 | 804 | | number, with a statement informing the applicant that failure to |
---|
805 | 805 | | furnish that information does not invalidate the application; |
---|
806 | 806 | | (D) a space or box for an applicant applying on |
---|
807 | 807 | | the ground of [age or] disability to indicate that the address to |
---|
808 | 808 | | which the ballot is to be mailed is the address of a facility or |
---|
809 | 809 | | relative described by Section 84.002(a)(3), if applicable; |
---|
810 | 810 | | (E) [a space or box for an applicant applying on |
---|
811 | 811 | | the ground of confinement in jail to indicate that the address to |
---|
812 | 812 | | which the ballot is to be mailed is the address of a relative |
---|
813 | 813 | | described by Section 84.002(a)(4), if applicable; |
---|
814 | 814 | | [(F)] a space for an applicant applying on the |
---|
815 | 815 | | ground of [age or] disability to indicate if the application is an |
---|
816 | 816 | | application under Section 86.0015; |
---|
817 | 817 | | (F) [(G)] spaces for entering the signature, |
---|
818 | 818 | | printed name, and residence address of any person assisting the |
---|
819 | 819 | | applicant; |
---|
820 | 820 | | (G) [(H)] a statement informing the applicant of |
---|
821 | 821 | | the condition prescribed by Section 81.005; [and] |
---|
822 | 822 | | (H) [(I)] a statement informing the applicant of |
---|
823 | 823 | | the requirement prescribed by Section 86.003(c); and |
---|
824 | 824 | | (I) a statement informing the applicant of the |
---|
825 | 825 | | requirement that the applicant include a photograph or copy of |
---|
826 | 826 | | identification described by Section 84.002(a)(1-a). |
---|
827 | 827 | | SECTION 52. Subchapter A, Chapter 84, Election Code, is |
---|
828 | 828 | | amended by adding Section 84.0111 to read as follows: |
---|
829 | 829 | | Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL |
---|
830 | 830 | | APPLICATION FORM. Unless otherwise authorized by this code, an |
---|
831 | 831 | | officer or employee of this state or of a political subdivision of |
---|
832 | 832 | | this state may not distribute an official application form for an |
---|
833 | 833 | | early voting ballot to a person unless the person requested the form |
---|
834 | 834 | | for the person's own use. |
---|
835 | 835 | | SECTION 53. Subchapter A, Chapter 84, Election Code, is |
---|
836 | 836 | | amended by adding Section 84.015 to read as follows: |
---|
837 | 837 | | Sec. 84.015. BIPARTISAN TEAMS FOR ASSISTANCE OF CERTAIN |
---|
838 | 838 | | INDIVIDUALS. Notwithstanding any other law, each early voting |
---|
839 | 839 | | clerk shall create a bipartisan team to assist any individual |
---|
840 | 840 | | confined to a nursing home, hospital, or similar facility during |
---|
841 | 841 | | the early voting period and on election day with submitting an |
---|
842 | 842 | | application to vote by mail and with submitting a ballot voted by |
---|
843 | 843 | | mail. |
---|
844 | 844 | | SECTION 54. Sections 84.032(b) and (c), Election Code, are |
---|
845 | 845 | | amended to read as follows: |
---|
846 | 846 | | (b) A request must: |
---|
847 | 847 | | (1) be in writing and signed by the applicant; |
---|
848 | 848 | | (2) specify the election for which the application was |
---|
849 | 849 | | made; [and] |
---|
850 | 850 | | (3) return the ballot to be voted by mail as provided |
---|
851 | 851 | | by this section; and |
---|
852 | 852 | | (4) except as provided by Subsection (c) or [,] (d), |
---|
853 | 853 | | [or (e),] be received by the early voting clerk[: |
---|
854 | 854 | | [(A)] not later than the third day before election |
---|
855 | 855 | | day[; and |
---|
856 | 856 | | [(B) if an early voting ballot sent to the |
---|
857 | 857 | | applicant is returned to the clerk as a marked ballot, before the |
---|
858 | 858 | | marked ballot's arrival at the address on the carrier envelope]. |
---|
859 | 859 | | (c) An applicant may submit a request after the close of |
---|
860 | 860 | | early voting by personal appearance by appearing in person and[: |
---|
861 | 861 | | [(1)] returning the ballot to be voted by mail to the |
---|
862 | 862 | | early voting clerk[; or |
---|
863 | 863 | | [(2) executing an affidavit that the applicant: |
---|
864 | 864 | | [(A) has not received the ballot to be voted by |
---|
865 | 865 | | mail; or |
---|
866 | 866 | | [(B) never requested a ballot to be voted by |
---|
867 | 867 | | mail]. |
---|
868 | 868 | | SECTION 55. Section 84.038, Election Code, is amended to |
---|
869 | 869 | | read as follows: |
---|
870 | 870 | | Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. |
---|
871 | 871 | | The cancellation of an application for a ballot to be voted by mail |
---|
872 | 872 | | under Section 84.032(c) or [,] (d)[, or (e)] is effective for a |
---|
873 | 873 | | single ballot only and does not cancel the application with respect |
---|
874 | 874 | | to a subsequent election, including a subsequent election to which |
---|
875 | 875 | | the same application applies under Section 84.001(e) or 86.0015(b). |
---|
876 | 876 | | SECTION 56. Sections 85.001(a) and (e), Election Code, are |
---|
877 | 877 | | amended to read as follows: |
---|
878 | 878 | | (a) The period for early voting by personal appearance |
---|
879 | 879 | | begins on the 17th day before election day and continues through the |
---|
880 | 880 | | [fourth] day before election day, except as otherwise provided by |
---|
881 | 881 | | this section. |
---|
882 | 882 | | (e) For an election held on the uniform election date in May |
---|
883 | 883 | | and any resulting runoff election, the period for early voting by |
---|
884 | 884 | | personal appearance begins on the 12th day before election day and |
---|
885 | 885 | | continues through the [fourth] day before election day. |
---|
886 | 886 | | SECTION 57. Sections 85.005(a) and (b), Election Code, are |
---|
887 | 887 | | amended to read as follows: |
---|
888 | 888 | | (a) Except as provided by Subsection (c), in an election in |
---|
889 | 889 | | which a county clerk or city secretary is the early voting clerk |
---|
890 | 890 | | under Section 83.002 or 83.005, early voting by personal appearance |
---|
891 | 891 | | at the main early voting polling place shall be conducted on the |
---|
892 | 892 | | weekdays of the early voting period and during the hours that the |
---|
893 | 893 | | county clerk's or city secretary's main business office is |
---|
894 | 894 | | regularly open for business, except that voting may not be |
---|
895 | 895 | | conducted earlier than 7 a.m. or later than 7 p.m.[.] |
---|
896 | 896 | | (b) In an election to which Subsection (a) does not apply, |
---|
897 | 897 | | early voting by personal appearance at the main early voting |
---|
898 | 898 | | polling place shall be conducted at least eight hours each weekday |
---|
899 | 899 | | of the early voting period that is not a legal state holiday unless |
---|
900 | 900 | | the territory covered by the election has fewer than 1,000 |
---|
901 | 901 | | registered voters. In that case, the voting shall be conducted at |
---|
902 | 902 | | least three hours each day. The authority ordering the election, or |
---|
903 | 903 | | the county clerk if that person is the early voting clerk, shall |
---|
904 | 904 | | determine which hours the voting is to be conducted except that |
---|
905 | 905 | | voting may not be conducted earlier than 7 a.m. or later than 7 |
---|
906 | 906 | | p.m.[.] |
---|
907 | 907 | | SECTION 58. Section 85.006(c), Election Code, is amended to |
---|
908 | 908 | | read as follows: |
---|
909 | 909 | | (c) The authority ordering voting on a Saturday or Sunday |
---|
910 | 910 | | shall determine the hours during which voting is to be conducted |
---|
911 | 911 | | except that voting may not be conducted earlier than 7 a.m. or later |
---|
912 | 912 | | than 7 p.m.[.] |
---|
913 | 913 | | SECTION 59. Section 85.010(c), Election Code, is amended to |
---|
914 | 914 | | read as follows: |
---|
915 | 915 | | (c) A shared polling place established under Subsection (b) |
---|
916 | 916 | | that is designated as a main early voting polling place by any |
---|
917 | 917 | | political subdivision: |
---|
918 | 918 | | (1) must be open for voting for all political |
---|
919 | 919 | | subdivisions the polling place serves for at least the days and |
---|
920 | 920 | | hours required of a main early voting polling place under Section |
---|
921 | 921 | | 85.002 for the political subdivision making the designation; and |
---|
922 | 922 | | (2) may not be open for voting earlier than 7 a.m. or |
---|
923 | 923 | | later than 7 p.m.[.] |
---|
924 | 924 | | SECTION 60. Section 85.033, Election Code, is amended to |
---|
925 | 925 | | read as follows: |
---|
926 | 926 | | Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close |
---|
927 | 927 | | of early voting each day, the early voting clerk shall secure each |
---|
928 | 928 | | voting machine used for early voting in the manner prescribed by the |
---|
929 | 929 | | secretary of state so that its unauthorized operation is prevented. |
---|
930 | 930 | | The clerk shall unsecure the machine before the beginning of early |
---|
931 | 931 | | voting the following day. |
---|
932 | 932 | | (b) A voting machine used for early voting may not be |
---|
933 | 933 | | removed from the polling place until the polls close on election |
---|
934 | 934 | | day. |
---|
935 | 935 | | SECTION 61. Section 85.064, Election Code, is amended by |
---|
936 | 936 | | adding Subsection (c) to read as follows: |
---|
937 | 937 | | (c) Early voting by personal appearance at a temporary |
---|
938 | 938 | | branch polling place may not be conducted earlier than 7 a.m. or |
---|
939 | 939 | | later than 7 p.m. |
---|
940 | 940 | | SECTION 62. Section 86.001, Election Code, is amended by |
---|
941 | 941 | | adding Subsections (f), (h), (i), and (j) to read as follows: |
---|
942 | 942 | | (f) If the application does not include a copy of one form of |
---|
943 | 943 | | photo identification listed in Section 63.0101(a), the clerk shall |
---|
944 | 944 | | reject the application. |
---|
945 | 945 | | (h) The clerk may not mail or otherwise provide an early |
---|
946 | 946 | | voting ballot to a person who did not submit an application for a |
---|
947 | 947 | | ballot to be voted by mail. |
---|
948 | 948 | | (i) The clerk shall reject an application for a ballot to be |
---|
949 | 949 | | voted by mail if the clerk determines that the signature on the |
---|
950 | 950 | | application was executed by a person other than the voter, unless |
---|
951 | 951 | | the application was signed by a witness. In making the |
---|
952 | 952 | | determination, the clerk may compare the signature with any two or |
---|
953 | 953 | | more signatures of the voter made within the preceding six years and |
---|
954 | 954 | | on file with the county clerk or voter registrar. |
---|
955 | 955 | | (j) Before the clerk mails or provides a ballot to an |
---|
956 | 956 | | applicant, the clerk shall identify the unique barcode included on |
---|
957 | 957 | | the carrier envelope and make a record indicating that a carrier |
---|
958 | 958 | | envelope with the unique barcode was issued. |
---|
959 | 959 | | SECTION 63. Section 86.0015(a), Election Code, is amended |
---|
960 | 960 | | to read as follows: |
---|
961 | 961 | | (a) This section applies only to an application for a ballot |
---|
962 | 962 | | to be voted by mail that: |
---|
963 | 963 | | (1) indicates the ground of eligibility is [age or] |
---|
964 | 964 | | disability; and |
---|
965 | 965 | | (2) does not specify the election for which a ballot is |
---|
966 | 966 | | requested or has been marked by the applicant as an application for |
---|
967 | 967 | | more than one election. |
---|
968 | 968 | | SECTION 64. Section 86.003(c), Election Code, is amended to |
---|
969 | 969 | | read as follows: |
---|
970 | 970 | | (c) The address to which the balloting materials must be |
---|
971 | 971 | | addressed is the address at which the voter is registered to vote, |
---|
972 | 972 | | or the registered mailing address if different, unless the ground |
---|
973 | 973 | | for voting by mail is: |
---|
974 | 974 | | (1) absence from the county of residence, in which |
---|
975 | 975 | | case the address must be an address outside the voter's county of |
---|
976 | 976 | | residence; or |
---|
977 | 977 | | (2) [confinement in jail, in which case the address |
---|
978 | 978 | | must be the address of the jail or of a relative described by |
---|
979 | 979 | | Section 84.002(a)(4); or |
---|
980 | 980 | | [(3) age or] disability and the voter is living at a |
---|
981 | 981 | | hospital, nursing home or other long-term care facility, or |
---|
982 | 982 | | retirement center, or with a relative described by Section |
---|
983 | 983 | | 84.002(a)(3), in which case the address must be the address of that |
---|
984 | 984 | | facility or relative. |
---|
985 | 985 | | SECTION 65. Chapter 86, Election Code, is amended by adding |
---|
986 | 986 | | Section 86.0053 to read as follows: |
---|
987 | 987 | | Sec. 86.0053. WITNESS REQUIRED FOR BALLOTS VOTED BY MAIL. |
---|
988 | 988 | | (a) A ballot voted by mail in accordance with this chapter is not |
---|
989 | 989 | | valid unless: |
---|
990 | 990 | | (1) the voter signs the carrier envelope in the |
---|
991 | 991 | | presence of a witness or a notary public; and |
---|
992 | 992 | | (2) the witness or notary public signs the carrier |
---|
993 | 993 | | envelope. |
---|
994 | 994 | | (b) A person who serves as a witness must provide the |
---|
995 | 995 | | person's name, address, and telephone number on the carrier |
---|
996 | 996 | | envelope. |
---|
997 | 997 | | (c) A person may not serve as a witness for more than: |
---|
998 | 998 | | (1) one voter under this section who is not related to |
---|
999 | 999 | | the person within the second degree by affinity or third degree by |
---|
1000 | 1000 | | consanguinity, as determined under Subchapter B, Chapter 573, |
---|
1001 | 1001 | | Government Code; or |
---|
1002 | 1002 | | (2) five voters under this section who are related to |
---|
1003 | 1003 | | the person within the second degree by affinity or third degree by |
---|
1004 | 1004 | | consanguinity, as determined under Subchapter B, Chapter 573, |
---|
1005 | 1005 | | Government Code. |
---|
1006 | 1006 | | (d) The secretary of state shall adopt rules and prescribe |
---|
1007 | 1007 | | procedures as necessary to implement this section. |
---|
1008 | 1008 | | SECTION 66. Section 86.006(a-1), Election Code, is amended |
---|
1009 | 1009 | | to read as follows: |
---|
1010 | 1010 | | (a-1) The voter may deliver a marked ballot in person to the |
---|
1011 | 1011 | | early voting clerk's office only while the polls are open on |
---|
1012 | 1012 | | election day. A voter who delivers a marked ballot in person must |
---|
1013 | 1013 | | present an acceptable form of identification described by Section |
---|
1014 | 1014 | | 63.0101. The ballot drop-off location at the early voting clerk's |
---|
1015 | 1015 | | office must be located in a secure setting and under 24-hour |
---|
1016 | 1016 | | security and video surveillance. |
---|
1017 | 1017 | | SECTION 67. Chapter 86, Election Code, is amended by adding |
---|
1018 | 1018 | | Section 86.0061 to read as follows: |
---|
1019 | 1019 | | Sec. 86.0061. PROHIBITION ON VOTE HARVESTING OF MAIL IN |
---|
1020 | 1020 | | BALLOTS. (a) A person commits an offense if the person knowingly |
---|
1021 | 1021 | | collects or possesses a ballot voted by mail or official carrier |
---|
1022 | 1022 | | envelope from a voter for the purpose of delivering votes for a |
---|
1023 | 1023 | | specific candidate or measure. |
---|
1024 | 1024 | | (b) An offense under this section is a felony of the third |
---|
1025 | 1025 | | degree punishable by imprisonment in the Texas Department of |
---|
1026 | 1026 | | Criminal Justice for a term not to exceed five years, a fine not to |
---|
1027 | 1027 | | exceed $5,000, or both the imprisonment and the fine. |
---|
1028 | 1028 | | SECTION 68. Sections 86.007(a), (d), and (e), Election |
---|
1029 | 1029 | | Code, are amended to read as follows: |
---|
1030 | 1030 | | (a) Except as provided by Subsection (d), a marked ballot |
---|
1031 | 1031 | | voted by mail must arrive at the address on the carrier envelope[: |
---|
1032 | 1032 | | [(1)] before the time the polls are required to close |
---|
1033 | 1033 | | on election day[; or |
---|
1034 | 1034 | | [(2) not later than 5 p.m. on the day after election |
---|
1035 | 1035 | | day, if the carrier envelope was placed for delivery by mail or |
---|
1036 | 1036 | | common or contract carrier before election day and bears a |
---|
1037 | 1037 | | cancellation mark of a common or contract carrier or a courier |
---|
1038 | 1038 | | indicating a time not later than 7 p.m. at the location of the |
---|
1039 | 1039 | | election on election day]. |
---|
1040 | 1040 | | (d) A marked ballot voted by mail that arrives after the |
---|
1041 | 1041 | | time prescribed by Subsection (a) shall be counted if: |
---|
1042 | 1042 | | (1) the ballot was cast from an address outside the |
---|
1043 | 1043 | | United States; |
---|
1044 | 1044 | | (2) the carrier envelope was placed for delivery |
---|
1045 | 1045 | | before the time the ballot is required to arrive under Subsection |
---|
1046 | 1046 | | (a) [(a)(1)]; and |
---|
1047 | 1047 | | (3) the ballot arrives at the address on the carrier |
---|
1048 | 1048 | | envelope not later than the fifth day after the date of the |
---|
1049 | 1049 | | election. |
---|
1050 | 1050 | | (e) A delivery under Subsection [(a)(2) or] (d) is timely, |
---|
1051 | 1051 | | except as otherwise provided by this title, if the carrier envelope |
---|
1052 | 1052 | | or, if applicable, the envelope containing the carrier envelope: |
---|
1053 | 1053 | | (1) is properly addressed with postage or handling |
---|
1054 | 1054 | | charges prepaid; and |
---|
1055 | 1055 | | (2) bears a cancellation mark of a recognized postal |
---|
1056 | 1056 | | service or a receipt mark of a common or contract carrier or a |
---|
1057 | 1057 | | courier indicating a time before the deadline. |
---|
1058 | 1058 | | SECTION 69. Section 86.011, Election Code, is amended by |
---|
1059 | 1059 | | amending Subsections (b) and (c) and adding Subsection (a-1) to |
---|
1060 | 1060 | | read as follows: |
---|
1061 | 1061 | | (a-1) The early voting clerk shall scan the unique barcode |
---|
1062 | 1062 | | on the official carrier envelope, make a record of the barcode, and |
---|
1063 | 1063 | | determine whether the unique barcode matches the barcode of an |
---|
1064 | 1064 | | official carrier envelope recorded under Section 86.001(j). The |
---|
1065 | 1065 | | clerk shall reject a carrier envelope with a barcode that: |
---|
1066 | 1066 | | (1) does not match the barcode of an official carrier |
---|
1067 | 1067 | | envelope recorded under Section 86.001(j); or |
---|
1068 | 1068 | | (2) matches a barcode of an official carrier envelope |
---|
1069 | 1069 | | that has already been received by the early voting clerk. |
---|
1070 | 1070 | | (b) If the return is timely and the carrier envelope is not |
---|
1071 | 1071 | | rejected under Subsection (a-1), the clerk shall enclose the |
---|
1072 | 1072 | | carrier envelope and the voter's early voting ballot application in |
---|
1073 | 1073 | | a jacket envelope. The clerk shall also include in the jacket |
---|
1074 | 1074 | | envelope: |
---|
1075 | 1075 | | (1) a copy of the voter's federal postcard application |
---|
1076 | 1076 | | if the ballot is voted under Chapter 101; and |
---|
1077 | 1077 | | (2) the signature cover sheet, if the ballot is voted |
---|
1078 | 1078 | | under Chapter 105. |
---|
1079 | 1079 | | (c) If the return is not timely or the carrier envelope is |
---|
1080 | 1080 | | rejected under Subsection (a-1), the clerk shall enter the time of |
---|
1081 | 1081 | | receipt on the carrier envelope and retain it for the period for |
---|
1082 | 1082 | | preserving the precinct election records. The clerk shall destroy |
---|
1083 | 1083 | | the unopened envelope and its contents after the preservation |
---|
1084 | 1084 | | period. |
---|
1085 | 1085 | | SECTION 70. Section 86.013, Election Code, is amended by |
---|
1086 | 1086 | | amending Subsection (b) and adding Subsection (h) to read as |
---|
1087 | 1087 | | follows: |
---|
1088 | 1088 | | (b) Spaces must appear on the reverse side of the official |
---|
1089 | 1089 | | carrier envelope for: |
---|
1090 | 1090 | | (1) indicating the identity and date of the election; |
---|
1091 | 1091 | | [and] |
---|
1092 | 1092 | | (2) entering the signature, printed name, and |
---|
1093 | 1093 | | residence address of a person other than the voter who deposits the |
---|
1094 | 1094 | | carrier envelope in the mail or with a common or contract carrier; |
---|
1095 | 1095 | | (3) entering the signature, printed name, residence |
---|
1096 | 1096 | | address, and telephone number of the person who witnesses the voter |
---|
1097 | 1097 | | sign the carrier envelope under Section 86.0053; and |
---|
1098 | 1098 | | (4) placing the signature and seal of a notary public |
---|
1099 | 1099 | | who witnesses the voter sign the carrier envelope under Section |
---|
1100 | 1100 | | 86.0053. |
---|
1101 | 1101 | | (h) Each official carrier envelope must include a unique |
---|
1102 | 1102 | | barcode that may be identified and recorded by the early voting |
---|
1103 | 1103 | | clerk under Sections 86.001(j) and 86.011(a-1). |
---|
1104 | 1104 | | SECTION 71. Chapter 86, Election Code, is amended by adding |
---|
1105 | 1105 | | Section 86.015 to read as follows: |
---|
1106 | 1106 | | Sec. 86.015. STATE ELECTION DATABASE. (a) The secretary of |
---|
1107 | 1107 | | state shall maintain a state election database that is available to |
---|
1108 | 1108 | | the public for review. |
---|
1109 | 1109 | | (b) Not later than 24 hours after the early voting clerk |
---|
1110 | 1110 | | receives an application to vote by mail, places an official ballot |
---|
1111 | 1111 | | in the mail, or receives a marked ballot voted by mail, the clerk |
---|
1112 | 1112 | | shall upload the following information to the state election |
---|
1113 | 1113 | | database: |
---|
1114 | 1114 | | (1) the name of the person who: |
---|
1115 | 1115 | | (A) provided an application to vote by mail; |
---|
1116 | 1116 | | (B) received an official ballot to be voted by |
---|
1117 | 1117 | | mail; or |
---|
1118 | 1118 | | (C) returned an official ballot voted by mail; |
---|
1119 | 1119 | | and |
---|
1120 | 1120 | | (2) the time and date that: |
---|
1121 | 1121 | | (A) the application was received; |
---|
1122 | 1122 | | (B) the official ballot was placed in the mail; |
---|
1123 | 1123 | | or |
---|
1124 | 1124 | | (C) the marked ballot voted by mail was received. |
---|
1125 | 1125 | | (c) The secretary of state shall adopt rules and prescribe |
---|
1126 | 1126 | | procedures as necessary to implement this section. |
---|
1127 | 1127 | | SECTION 72. Section 87.0241(b), Election Code, is amended |
---|
1128 | 1128 | | to read as follows: |
---|
1129 | 1129 | | (b) The board may not count early voting ballots until[: |
---|
1130 | 1130 | | [(1)] the polls close [open] on election day[; or |
---|
1131 | 1131 | | [(2) in an election conducted by an authority of a |
---|
1132 | 1132 | | county with a population of 100,000 or more or conducted jointly |
---|
1133 | 1133 | | with such a county, the end of the period for early voting by |
---|
1134 | 1134 | | personal appearance]. |
---|
1135 | 1135 | | SECTION 73. Section 87.027, Election Code, is amended by |
---|
1136 | 1136 | | amending Subsection (i) and adding Subsection (i-1) to read as |
---|
1137 | 1137 | | follows: |
---|
1138 | 1138 | | (i) The signature verification committee shall compare the |
---|
1139 | 1139 | | signature on each carrier envelope certificate, except those signed |
---|
1140 | 1140 | | for a voter by a witness, with the signature on the voter's ballot |
---|
1141 | 1141 | | application and the voter's registration application to determine |
---|
1142 | 1142 | | whether the signatures are those of the voter. The committee may |
---|
1143 | 1143 | | also compare the signatures with any two or more signatures of the |
---|
1144 | 1144 | | voter made within the preceding six years and on file with the |
---|
1145 | 1145 | | county clerk or voter registrar to determine whether the signatures |
---|
1146 | 1146 | | are those of the voter. Except as provided by Subsection (l), a |
---|
1147 | 1147 | | determination under this subsection that the signatures are not |
---|
1148 | 1148 | | those of the voter must be made by a majority vote of the |
---|
1149 | 1149 | | committee's membership. The committee shall place the jacket |
---|
1150 | 1150 | | envelopes, carrier envelopes, and applications of voters whose |
---|
1151 | 1151 | | signatures are not those of the voter in separate containers from |
---|
1152 | 1152 | | those of voters whose signatures are those of the voter. The |
---|
1153 | 1153 | | committee chair shall deliver the sorted materials to the early |
---|
1154 | 1154 | | voting ballot board at the time specified by the board's presiding |
---|
1155 | 1155 | | judge. |
---|
1156 | 1156 | | (i-1) If the signature verification committee uses software |
---|
1157 | 1157 | | to compare signatures under Subsection (i), the software must have |
---|
1158 | 1158 | | a 95 percent rate of accuracy. |
---|
1159 | 1159 | | SECTION 74. Section 87.041, Election Code, is amended by |
---|
1160 | 1160 | | amending Subsections (b) and (e) and adding Subsection (e-1) to |
---|
1161 | 1161 | | read as follows: |
---|
1162 | 1162 | | (b) A ballot may be accepted only if: |
---|
1163 | 1163 | | (1) the carrier envelope certificate is properly |
---|
1164 | 1164 | | executed; |
---|
1165 | 1165 | | (2) neither the voter's signature on the ballot |
---|
1166 | 1166 | | application nor the signature on the carrier envelope certificate |
---|
1167 | 1167 | | is determined to have been executed by a person other than the |
---|
1168 | 1168 | | voter, unless signed by a witness; |
---|
1169 | 1169 | | (3) the voter's ballot application states a legal |
---|
1170 | 1170 | | ground for early voting by mail; |
---|
1171 | 1171 | | (4) the voter is registered to vote, if registration |
---|
1172 | 1172 | | is required by law; |
---|
1173 | 1173 | | (5) the address to which the ballot was mailed to the |
---|
1174 | 1174 | | voter, as indicated by the application, was outside the voter's |
---|
1175 | 1175 | | county of residence, if the ground for early voting is absence from |
---|
1176 | 1176 | | the county of residence; |
---|
1177 | 1177 | | (6) for a voter to whom a statement of residence form |
---|
1178 | 1178 | | was required to be sent under Section 86.002(a), the statement of |
---|
1179 | 1179 | | residence is returned in the carrier envelope and indicates that |
---|
1180 | 1180 | | the voter satisfies the residence requirements prescribed by |
---|
1181 | 1181 | | Section 63.0011; [and] |
---|
1182 | 1182 | | (7) the address to which the ballot was mailed to the |
---|
1183 | 1183 | | voter is an address that is otherwise required by Sections 84.002 |
---|
1184 | 1184 | | and 86.003; and |
---|
1185 | 1185 | | (8) the carrier envelope is signed by a witness or |
---|
1186 | 1186 | | notary public as required under Section 86.0053. |
---|
1187 | 1187 | | (e) In making the determination under Subsection (b)(2), |
---|
1188 | 1188 | | the board shall compare the signature of the voter on the carrier |
---|
1189 | 1189 | | envelope certificate with the signature of the voter on the voter's |
---|
1190 | 1190 | | registration application submitted under Section 13.002. The board |
---|
1191 | 1191 | | may also compare the signatures with any two or more signatures of |
---|
1192 | 1192 | | the voter made within the preceding six years and on file with the |
---|
1193 | 1193 | | county clerk or voter registrar to determine whether the signatures |
---|
1194 | 1194 | | are those of the voter. |
---|
1195 | 1195 | | (e-1) If the board uses software to compare signatures under |
---|
1196 | 1196 | | Subsection (b)(2), the software must have a 95 percent rate of |
---|
1197 | 1197 | | accuracy. |
---|
1198 | 1198 | | SECTION 75. Section 87.062, Election Code, is amended by |
---|
1199 | 1199 | | adding Subsection (a-1) to read as follows: |
---|
1200 | 1200 | | (a-1) Before counting a ballot voted by mail, the early |
---|
1201 | 1201 | | voting ballot board shall identify the unique barcode or microchip |
---|
1202 | 1202 | | included on the ballot under Section 52.076, make a record |
---|
1203 | 1203 | | indicating that the board has counted a ballot with that barcode or |
---|
1204 | 1204 | | microchip, and compare the barcode or microchip to records of other |
---|
1205 | 1205 | | counted ballots. If the barcode or microchip on the ballot is the |
---|
1206 | 1206 | | same as a barcode or microchip recorded for a ballot that has |
---|
1207 | 1207 | | already been counted, the board may not count the ballot. Ballots |
---|
1208 | 1208 | | not counted under this section shall be placed in an envelope and |
---|
1209 | 1209 | | treated in the same manner as rejected ballots under Section |
---|
1210 | 1210 | | 87.043. |
---|
1211 | 1211 | | SECTION 76. Section 87.103, Election Code, is amended to |
---|
1212 | 1212 | | read as follows: |
---|
1213 | 1213 | | Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a) |
---|
1214 | 1214 | | The early voting electronic system ballots counted at a central |
---|
1215 | 1215 | | counting station, the ballots cast at precinct polling places, and |
---|
1216 | 1216 | | the ballots voted by mail shall be tabulated separately [from the |
---|
1217 | 1217 | | ballots cast at precinct polling places] and shall be separately |
---|
1218 | 1218 | | reported on the returns. |
---|
1219 | 1219 | | (a-1) Before counting a ballot voted by mail, the unique |
---|
1220 | 1220 | | barcode or microchip included on each ballot under Section 52.076 |
---|
1221 | 1221 | | must be identified, recorded, and compared to the barcode or |
---|
1222 | 1222 | | microchip records of other counted ballots. If the barcode or |
---|
1223 | 1223 | | microchip on the ballot is the same as a barcode or microchip |
---|
1224 | 1224 | | recorded for a ballot that has already been counted, the ballot may |
---|
1225 | 1225 | | not be counted. Ballots not counted under this section shall be |
---|
1226 | 1226 | | placed in an envelope and treated in the same manner as rejected |
---|
1227 | 1227 | | ballots under Section 87.043. |
---|
1228 | 1228 | | (b) The early voting returns prepared at the central |
---|
1229 | 1229 | | counting station must include any early voting results obtained by |
---|
1230 | 1230 | | the early voting ballot board under Subchapter [Subchapters] D [and |
---|
1231 | 1231 | | E]. |
---|
1232 | 1232 | | SECTION 77. Chapter 121, Election Code, is amended by |
---|
1233 | 1233 | | adding Section 121.004 to read as follows: |
---|
1234 | 1234 | | Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR |
---|
1235 | 1235 | | PUBLIC INFORMATION. Notwithstanding any other law, including |
---|
1236 | 1236 | | Chapter 552, Government Code, a written letter, e-mail, or other |
---|
1237 | 1237 | | communication, including a communication made confidential by |
---|
1238 | 1238 | | other law, between a public official and a voting systems vendor: |
---|
1239 | 1239 | | (1) is not confidential; |
---|
1240 | 1240 | | (2) is public information for purposes of Chapter 552, |
---|
1241 | 1241 | | Government Code; and |
---|
1242 | 1242 | | (3) is not subject to an exception to disclosure |
---|
1243 | 1243 | | provided by Chapter 552, Government Code. |
---|
1244 | 1244 | | SECTION 78. Subchapter A, Chapter 127, Election Code, is |
---|
1245 | 1245 | | amended by adding Sections 127.008 and 127.009 to read as follows: |
---|
1246 | 1246 | | Sec. 127.008. VOTE COUNTING EQUIPMENT IN CENTRAL COUNTING |
---|
1247 | 1247 | | STATION. No equipment to count votes shall be used that is capable |
---|
1248 | 1248 | | of being connected to the Internet or any other computer network. |
---|
1249 | 1249 | | Sec. 127.009. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. |
---|
1250 | 1250 | | A person performing requested repairs or maintenance of equipment |
---|
1251 | 1251 | | at a central counting station in accordance with this title may, as |
---|
1252 | 1252 | | necessary, enter the central counting station with an electronic |
---|
1253 | 1253 | | device capable of being connected to the Internet. After |
---|
1254 | 1254 | | performing the requested repairs or maintenance, the person shall, |
---|
1255 | 1255 | | not later than the third business day after the date the person |
---|
1256 | 1256 | | entered the counting station, file an exception report with the |
---|
1257 | 1257 | | secretary of state in a form adopted by the secretary for that |
---|
1258 | 1258 | | purpose. |
---|
1259 | 1259 | | SECTION 79. Section 127.201(a), Election Code, is amended |
---|
1260 | 1260 | | to read as follows: |
---|
1261 | 1261 | | (a) To ensure the accuracy of the tabulation of electronic |
---|
1262 | 1262 | | voting system results, the general custodian of election records |
---|
1263 | 1263 | | shall conduct a manual count of all the races in at least one |
---|
1264 | 1264 | | percent of the election precincts or in the three largest |
---|
1265 | 1265 | | precincts, whichever represents a [is] greater number of voters, in |
---|
1266 | 1266 | | which the electronic voting system was used. The custodian shall |
---|
1267 | 1267 | | publicly select the final three precincts at random and shall begin |
---|
1268 | 1268 | | the count not later than 72 hours after the polls close. The count |
---|
1269 | 1269 | | shall be completed not later than the 21st day after election day. |
---|
1270 | 1270 | | Subsection (b) supersedes this subsection to the extent of a |
---|
1271 | 1271 | | conflict. |
---|
1272 | 1272 | | SECTION 80. Subchapter A, Chapter 129, Election Code, is |
---|
1273 | 1273 | | amended by adding Section 129.003 to read as follows: |
---|
1274 | 1274 | | Sec. 129.003. SECURE VOTING SYSTEM REQUIRED. (a) In this |
---|
1275 | 1275 | | section, "secure voting system" means a voting system that: |
---|
1276 | 1276 | | (1) uses voting machines that are not capable of |
---|
1277 | 1277 | | connecting to the Internet or otherwise wirelessly connecting to |
---|
1278 | 1278 | | another electronic device; and |
---|
1279 | 1279 | | (2) either: |
---|
1280 | 1280 | | (A) uses a paper record; or |
---|
1281 | 1281 | | (B) produces a paper receipt by which a voter can |
---|
1282 | 1282 | | verify that the voter's ballot will be counted accurately. |
---|
1283 | 1283 | | (b) A voting system that consists of direct recording |
---|
1284 | 1284 | | electronic voting machines may not be used in an election unless the |
---|
1285 | 1285 | | system is a secure voting system. |
---|
1286 | 1286 | | (c) Except for a recount under Title 13, the electronic vote |
---|
1287 | 1287 | | is the official record of the ballot. For a recount of ballots cast |
---|
1288 | 1288 | | on a system involving direct recording electronic voting machines, |
---|
1289 | 1289 | | the paper record or receipt copy is the official record of the vote |
---|
1290 | 1290 | | cast. |
---|
1291 | 1291 | | SECTION 81. Section 213.013(i), Election Code, is amended |
---|
1292 | 1292 | | to read as follows: |
---|
1293 | 1293 | | (i) On [No device capable of recording images or sound is |
---|
1294 | 1294 | | allowed inside the room in which the recount is conducted, or in any |
---|
1295 | 1295 | | hallway or corridor in the building in which the recount is |
---|
1296 | 1296 | | conducted within 30 feet of the entrance to the room, while the |
---|
1297 | 1297 | | recount is in progress unless the person entitled to be present at |
---|
1298 | 1298 | | the recount agrees to disable or deactivate the device. However, |
---|
1299 | 1299 | | on] request of a person entitled to appoint watchers to serve at the |
---|
1300 | 1300 | | recount, the recount committee chair shall permit the person to |
---|
1301 | 1301 | | photocopy under the chair's supervision any ballot, including any |
---|
1302 | 1302 | | supporting materials, challenged by the person or person's watcher. |
---|
1303 | 1303 | | The person must pay a reasonable charge for making the copies and, |
---|
1304 | 1304 | | if no photocopying equipment is available, may supply that |
---|
1305 | 1305 | | equipment at the person's expense. The person shall provide a copy |
---|
1306 | 1306 | | on request to another person entitled to appoint watchers to serve |
---|
1307 | 1307 | | at the recount. |
---|
1308 | 1308 | | SECTION 82. Section 272.011(b), Election Code, is amended |
---|
1309 | 1309 | | to read as follows: |
---|
1310 | 1310 | | (b) The secretary of state shall prepare the translation for |
---|
1311 | 1311 | | election materials required to be provided in a language other than |
---|
1312 | 1312 | | English or Spanish for the following state prescribed voter forms: |
---|
1313 | 1313 | | (1) voter registration application form required by |
---|
1314 | 1314 | | Section 13.002; |
---|
1315 | 1315 | | (2) the confirmation form required by Section 15.051; |
---|
1316 | 1316 | | (3) the voting instruction poster required by Section |
---|
1317 | 1317 | | 62.011; |
---|
1318 | 1318 | | (4) [the reasonable impediment declaration required |
---|
1319 | 1319 | | by Section 63.001(b); |
---|
1320 | 1320 | | [(5)] the statement of residence form required by |
---|
1321 | 1321 | | Section 63.0011; |
---|
1322 | 1322 | | (5) [(6)] the provisional ballot affidavit required |
---|
1323 | 1323 | | by Section 63.011; |
---|
1324 | 1324 | | (6) [(7)] the application for a ballot by mail |
---|
1325 | 1325 | | required by Section 84.011; |
---|
1326 | 1326 | | (7) [(8)] the carrier envelope and voting |
---|
1327 | 1327 | | instructions required by Section 86.013; and |
---|
1328 | 1328 | | (8) [(9)] any other voter forms that the secretary of |
---|
1329 | 1329 | | state identifies as frequently used and for which state resources |
---|
1330 | 1330 | | are otherwise available. |
---|
1331 | 1331 | | SECTION 83. The heading to Subchapter D, Chapter 273, |
---|
1332 | 1332 | | Election Code, is amended to read as follows: |
---|
1333 | 1333 | | SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT] |
---|
1334 | 1334 | | SECTION 84. Section 273.061, Election Code, is amended to |
---|
1335 | 1335 | | read as follows: |
---|
1336 | 1336 | | Sec. 273.061. JURISDICTION. (a) The supreme court or a |
---|
1337 | 1337 | | court of appeals may issue a writ of mandamus to compel the |
---|
1338 | 1338 | | performance of any duty imposed by law in connection with the |
---|
1339 | 1339 | | holding of a statewide [an] election, an election for the office of |
---|
1340 | 1340 | | state senator or state representative, or a political party |
---|
1341 | 1341 | | convention, regardless of whether the person responsible for |
---|
1342 | 1342 | | performing the duty is a public officer. |
---|
1343 | 1343 | | (b) A district court may issue a writ of mandamus to compel |
---|
1344 | 1344 | | the performance of any duty imposed by law in connection with the |
---|
1345 | 1345 | | holding of an election by a municipality, county, or other |
---|
1346 | 1346 | | political subdivision. |
---|
1347 | 1347 | | SECTION 85. Subchapter D, Chapter 273, Election Code, is |
---|
1348 | 1348 | | amended by adding Section 273.064 to read as follows: |
---|
1349 | 1349 | | Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a |
---|
1350 | 1350 | | district court for a writ of mandamus under this subchapter must be |
---|
1351 | 1351 | | filed in a district court in Travis County or in the county in which |
---|
1352 | 1352 | | the election was held or is to be held. |
---|
1353 | 1353 | | (b) For an election held or to be held by a political |
---|
1354 | 1354 | | subdivision other than a municipality or county, a petition filed |
---|
1355 | 1355 | | under this section may be filed in Travis County or in any county |
---|
1356 | 1356 | | that contains a portion of the territory of the political |
---|
1357 | 1357 | | subdivision. |
---|
1358 | 1358 | | SECTION 86. Subchapter A, Chapter 22, Government Code, is |
---|
1359 | 1359 | | amended by adding Section 22.023 to read as follows: |
---|
1360 | 1360 | | Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
---|
1361 | 1361 | | ELECTIONS. The supreme court shall give preference to a hearing or |
---|
1362 | 1362 | | trial related to the conduct of an election. |
---|
1363 | 1363 | | SECTION 87. Subchapter C, Chapter 22, Government Code, is |
---|
1364 | 1364 | | amended by adding Section 22.229 to read as follows: |
---|
1365 | 1365 | | Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
---|
1366 | 1366 | | ELECTIONS. A court of appeals shall give preference to a hearing or |
---|
1367 | 1367 | | trial related to the conduct of an election. |
---|
1368 | 1368 | | SECTION 88. Section 23.101, Government Code, is amended by |
---|
1369 | 1369 | | adding Subsection (e) to read as follows: |
---|
1370 | 1370 | | (e) The trial courts of this state shall give preference to |
---|
1371 | 1371 | | a hearing or trial related to the conduct of an election, above the |
---|
1372 | 1372 | | preference described by Subsection (a). |
---|
1373 | 1373 | | SECTION 89. Section 62.113(b), Government Code, is amended |
---|
1374 | 1374 | | to read as follows: |
---|
1375 | 1375 | | (b) On the third business day of each month, the clerk shall |
---|
1376 | 1376 | | send a copy of the list of persons excused or disqualified because |
---|
1377 | 1377 | | of citizenship in the previous month to: |
---|
1378 | 1378 | | (1) the voter registrar of the county; |
---|
1379 | 1379 | | (2) the secretary of state; and |
---|
1380 | 1380 | | (3) the county or district attorney, as applicable, or |
---|
1381 | 1381 | | the attorney general for an investigation of whether the person |
---|
1382 | 1382 | | committed an offense under Section 13.007, Election Code, or other |
---|
1383 | 1383 | | law. |
---|
1384 | 1384 | | SECTION 90. Sections 62.114(b) and (c), Government Code, |
---|
1385 | 1385 | | are amended to read as follows: |
---|
1386 | 1386 | | (b) On the third business day of each month, the clerk shall |
---|
1387 | 1387 | | send [to the voter registrar of the county] a copy of the list of |
---|
1388 | 1388 | | persons excused or disqualified in the previous month because the |
---|
1389 | 1389 | | persons do not reside in the county to: |
---|
1390 | 1390 | | (1) the voter registrar of the county; |
---|
1391 | 1391 | | (2) the secretary of state; and |
---|
1392 | 1392 | | (3) the county or district attorney, as applicable, or |
---|
1393 | 1393 | | the attorney general for an investigation of whether the person |
---|
1394 | 1394 | | committed an offense under Section 13.007, Election Code, or other |
---|
1395 | 1395 | | law. |
---|
1396 | 1396 | | (c) A list compiled under this section may not be used for a |
---|
1397 | 1397 | | purpose other than a purpose described by Subsection (b) or Section |
---|
1398 | 1398 | | 15.081 or 18.068, Election Code. |
---|
1399 | 1399 | | SECTION 91. Subchapter H, Chapter 411, Government Code, is |
---|
1400 | 1400 | | amended by adding Section 411.1791 to read as follows: |
---|
1401 | 1401 | | Sec. 411.1791. FORM OF NONCITIZEN LICENSE. In adopting the |
---|
1402 | 1402 | | form of a license under Section 411.179(a), the department shall |
---|
1403 | 1403 | | ensure that a license issued to a person who is not a citizen of the |
---|
1404 | 1404 | | United States: |
---|
1405 | 1405 | | (1) has a substantially different design from a |
---|
1406 | 1406 | | license issued to a person who is a citizen; and |
---|
1407 | 1407 | | (2) displays the word "NONCITIZEN" on both the front |
---|
1408 | 1408 | | and back of the license. |
---|
1409 | 1409 | | SECTION 92. Subchapter H, Chapter 411, Government Code, is |
---|
1410 | 1410 | | amended by adding Section 411.1955 to read as follows: |
---|
1411 | 1411 | | Sec. 411.1955. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In |
---|
1412 | 1412 | | this section, "indigent" means a person who is not financially able |
---|
1413 | 1413 | | to afford a fee under this subchapter. |
---|
1414 | 1414 | | (b) An indigent individual is entitled to an exemption from |
---|
1415 | 1415 | | the payment of fees for the issuance of an original or renewed |
---|
1416 | 1416 | | license under this subchapter. |
---|
1417 | 1417 | | (c) The department shall adopt criteria and a process to |
---|
1418 | 1418 | | determine if an individual is indigent and any other rules or |
---|
1419 | 1419 | | procedures necessary to implement this section. |
---|
1420 | 1420 | | SECTION 93. Section 521.054, Transportation Code, is |
---|
1421 | 1421 | | amended by adding Subsection (e) to read as follows: |
---|
1422 | 1422 | | (e) If the department is notified that a person over the age |
---|
1423 | 1423 | | of 18 has changed the person's address under this section, the |
---|
1424 | 1424 | | department shall forward the change of address notification to the |
---|
1425 | 1425 | | voter registrar for the county where the person previously resided. |
---|
1426 | 1426 | | SECTION 94. Subchapter B, Chapter 531, Government Code, is |
---|
1427 | 1427 | | amended by adding Section 531.024132 to read as follows: |
---|
1428 | 1428 | | Sec. 531.024132. VOTER IDENTIFICATION ACQUISITION FOR |
---|
1429 | 1429 | | INDIVIDUALS WITH A DISABILITY. (a) The commission shall develop |
---|
1430 | 1430 | | and implement a voter identification acquisition program to assist |
---|
1431 | 1431 | | an individual with a disability who is registered to vote in |
---|
1432 | 1432 | | obtaining an original, renewal, or duplicate form of photo |
---|
1433 | 1433 | | identification listed in Section 63.0101(a), Election Code, by: |
---|
1434 | 1434 | | (1) providing the individual with transportation to |
---|
1435 | 1435 | | the office of a state or federal agency; or |
---|
1436 | 1436 | | (2) coordinating with an employee of a state or |
---|
1437 | 1437 | | federal agency to transport the employee to the individual's home |
---|
1438 | 1438 | | or another location convenient to the individual. |
---|
1439 | 1439 | | (b) The commission may adopt rules necessary to implement |
---|
1440 | 1440 | | this section. |
---|
1441 | 1441 | | SECTION 95. Subchapter E, Chapter 521, Transportation Code, |
---|
1442 | 1442 | | is amended by adding Section 521.1011 to read as follows: |
---|
1443 | 1443 | | Sec. 521.1011. DESIGNATOR ON CERTIFICATE ISSUED TO |
---|
1444 | 1444 | | NONCITIZEN. A personal identification certificate issued to a |
---|
1445 | 1445 | | person who is not a citizen of the United States must: |
---|
1446 | 1446 | | (1) have a substantially different design from a |
---|
1447 | 1447 | | personal identification certificate issued to a person who is a |
---|
1448 | 1448 | | citizen; and |
---|
1449 | 1449 | | (2) display the word "NONCITIZEN" on both the front |
---|
1450 | 1450 | | and back of the certificate. |
---|
1451 | 1451 | | SECTION 96. Subchapter F, Chapter 521, Transportation Code, |
---|
1452 | 1452 | | is amended by adding Section 521.1231 to read as follows: |
---|
1453 | 1453 | | Sec. 521.1231. DESIGNATOR ON LICENSE ISSUED TO NONCITIZEN. |
---|
1454 | 1454 | | A driver's license issued to an applicant who is not a citizen of |
---|
1455 | 1455 | | the United States must: |
---|
1456 | 1456 | | (1) have a substantially different design from a |
---|
1457 | 1457 | | driver's license issued to a person who is a citizen; and |
---|
1458 | 1458 | | (2) display the word "NONCITIZEN" on both the front |
---|
1459 | 1459 | | and back of the license. |
---|
1460 | 1460 | | SECTION 97. Subchapter R, Chapter 521, Transportation Code, |
---|
1461 | 1461 | | is amended by adding Section 521.4268 to read as follows: |
---|
1462 | 1462 | | Sec. 521.4268. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In |
---|
1463 | 1463 | | this section, "indigent" means a person who is not financially able |
---|
1464 | 1464 | | to afford a fee under this chapter. |
---|
1465 | 1465 | | (b) An indigent individual is entitled to an exemption from |
---|
1466 | 1466 | | the payment of fees under this chapter for the issuance of a |
---|
1467 | 1467 | | driver's license or personal identification certificate. |
---|
1468 | 1468 | | (c) The department shall adopt criteria and a process to |
---|
1469 | 1469 | | determine if an individual is indigent and any other rules or |
---|
1470 | 1470 | | procedures necessary to implement this section. |
---|
1471 | 1471 | | SECTION 98. The following provisions of the Election Code |
---|
1472 | 1472 | | are repealed: |
---|
1473 | 1473 | | (1) Section 15.082(d); |
---|
1474 | 1474 | | (2) Section 15.084(d); |
---|
1475 | 1475 | | (3) Section 20.006(c); |
---|
1476 | 1476 | | (4) Section 43.004(c); |
---|
1477 | 1477 | | (5) Section 43.007; |
---|
1478 | 1478 | | (6) Section 63.001(i); |
---|
1479 | 1479 | | (7) Section 63.0013; |
---|
1480 | 1480 | | (8) Section 63.0101(b); |
---|
1481 | 1481 | | (9) Section 65.002(b); |
---|
1482 | 1482 | | (10) Section 82.003; |
---|
1483 | 1483 | | (11) Section 82.004; |
---|
1484 | 1484 | | (12) Section 84.009; |
---|
1485 | 1485 | | (13) Section 84.032(e); and |
---|
1486 | 1486 | | (14) Section 127.201(f). |
---|
1487 | 1487 | | SECTION 99. The changes in law made by this Act apply only |
---|
1488 | 1488 | | to an application to vote an early voting ballot by mail submitted |
---|
1489 | 1489 | | on or after the effective date of this Act. An application to vote |
---|
1490 | 1490 | | an early voting ballot by mail submitted before the effective date |
---|
1491 | 1491 | | of this Act is governed by the law in effect when the application |
---|
1492 | 1492 | | was submitted, and the former law is continued in effect for that |
---|
1493 | 1493 | | purpose. |
---|
1494 | 1494 | | SECTION 100. The changes in law made by this Act apply only |
---|
1495 | 1495 | | to a license to carry a handgun, personal identification |
---|
1496 | 1496 | | certificate, or driver's license issued or renewed on or after the |
---|
1497 | 1497 | | effective date of this Act. A license to carry a handgun, personal |
---|
1498 | 1498 | | identification certificate, or driver's license issued or renewed |
---|
1499 | 1499 | | before the effective date of this Act is governed by the law in |
---|
1500 | 1500 | | effect when the license or certificate was issued or renewed, and |
---|
1501 | 1501 | | the former law is continued in effect for that purpose. |
---|
1502 | 1502 | | SECTION 101. The changes in law made by this Act apply only |
---|
1503 | 1503 | | to an application to register to vote submitted on or after the |
---|
1504 | 1504 | | effective date of this Act. |
---|
1505 | 1505 | | SECTION 102. This Act takes effect immediately if it |
---|
1506 | 1506 | | receives a vote of two-thirds of all the members elected to each |
---|
1507 | 1507 | | house, as provided by Section 39, Article III, Texas Constitution. |
---|
1508 | 1508 | | If this Act does not receive the vote necessary for immediate |
---|
1509 | 1509 | | effect, this Act takes effect September 1, 2021. |
---|