Texas 2021 - 87th Regular

Texas Senate Bill SB1731 Compare Versions

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

Old	New	Differences
1	1	87R12242 ADM-D
2	2	By: Springer S.B. No. 1731
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election integrity; creating a criminal offense;
8	8	increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.008(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) A person commits an offense if the person indicates to a
13	13	voter in a polling place by word, sign, or gesture how the person
14	14	desires the voter to vote or not vote, or if the person offers or
15	15	gives a nonmonetary gift to a voter at a polling place or to a person
16	16	assisting the voter under Subchapter B, Chapter 64.
17	17	SECTION 2. Section 84.001(b), Election Code, is amended to
18	18	read as follows:
19	19	(b) An application must be in writing and signed by the
20	20	applicant using ink on paper. An electronic signature or
21	21	photocopied signature is not permitted.
22	22	SECTION 3. Subchapter A, Chapter 84, Election Code, is
23	23	amended by adding Section 84.0011 to read as follows:
24	24	Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS
25	25	PROHIBITED. The early voting clerk may make no attempt to solicit a
26	26	person to complete an application for an early voting ballot by
27	27	mail, whether directly or through a third party.
28	28	SECTION 4. Section 84.004, Election Code, is amended by
29	29	amending Subsection (e) and adding Subsection (f) to read as
30	30	follows:
31	31	(e) An offense under this section is a state jail felony
32	32	[Class B misdemeanor].
33	33	(f) An early voting clerk who is aware of or is in possession
34	34	of evidence that an offense under this section has been committed
35	35	shall promptly notify a law enforcement agency and retain the
36	36	evidence.
37	37	SECTION 5. Subchapter A, Chapter 84, Election Code, is
38	38	amended by adding Section 84.0111 to read as follows:
39	39	Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL
40	40	APPLICATION FORM. Unless otherwise authorized by this code, an
41	41	officer or employee of this state or of a political subdivision of
42	42	this state may not distribute an official application form for an
43	43	early voting ballot to be voted by mail to a person.
44	44	SECTION 6. Section 86.002(d), Election Code, is amended to
45	45	read as follows:
46	46	(d) The secretary of state shall prescribe instructions to
47	47	be printed on the balloting materials for the execution and return
48	48	of a statement of residence. The instructions must include an
49	49	explanation of the circumstances under which the ballot must be
50	50	rejected with respect to the statement and instructions on how to
51	51	cure a rejected ballot in accordance with Chapter 87.
52	52	SECTION 7. Section 86.005(c), Election Code, is amended to
53	53	read as follows:
54	54	(c) After marking the ballot, the voter must place it in the
55	55	official ballot envelope and then seal the ballot envelope, place
56	56	the ballot envelope in the official carrier envelope and then seal
57	57	the carrier envelope, and sign the certificate on the carrier
58	58	envelope. An electronic signature is not permitted.
59	59	SECTION 8. Chapter 86, Election Code, is amended by adding
60	60	Section 86.00511 to read as follows:
61	61	Sec. 86.00511. UNLAWFULLY WITNESSING CARRIER ENVELOPE FOR
62	62	MORE THAN ONE VOTER. (a) A person commits an offense if the person
63	63	acts as a witness for a voter in signing the certificate on the
64	64	carrier envelope for more than one voter in an election.
65	65	(b) An offense under this section is a state jail felony.
66	66	(c) Each application signed by the witness in violation of
67	67	this section constitutes a separate offense.
68	68	(d) This section does not apply if the person is related to
69	69	the voter within the second degree by affinity or the third degree
70	70	by consanguinity, as determined under Subchapter B, Chapter 573,
71	71	Government Code, or was physically living in the same dwelling as
72	72	the voter at the time of the event.
73	73	(e) An early voting clerk who is aware of or is in possession
74	74	of evidence that an offense under this section has been committed
75	75	shall promptly notify a law enforcement agency and retain the
76	76	evidence.
77	77	SECTION 9. Section 86.0052(a), Election Code, is amended to
78	78	read as follows:
79	79	(a) A person commits an offense if the person:
80	80	(1) compensates another person for depositing the
81	81	carrier envelope in the mail or with a common or contract carrier as
82	82	provided by Section 86.0051(b)[, as part of any performance-based
83	83	compensation scheme based on the number of ballots deposited or in
84	84	which another person is presented with a quota of ballots to deposit
85	85	as provided by Section 86.0051(b)];
86	86	(2) engages in another practice that causes another
87	87	person's compensation from or employment status with the person to
88	88	be dependent on the number of ballots deposited as provided by
89	89	Section 86.0051(b); or
90	90	(3) with knowledge that accepting compensation for
91	91	such activity is illegal, accepts compensation for an activity
92	92	described by Subdivision (1) or (2).
93	93	SECTION 10. Subchapter A, Chapter 87, Election Code, is
94	94	amended by adding Section 87.007 to read as follows:
95	95	Sec. 87.007. SIGNATURE VERIFICATION TRAINING. (a) The
96	96	secretary of state shall:
97	97	(1) develop a training course and uniform standards
98	98	for the process of signature comparison and verification under this
99	99	chapter; and
100	100	(2) ensure that the training course is made available
101	101	to any person who has a duty to examine signatures under this
102	102	chapter.
103	103	(b) The secretary of state shall adopt rules as necessary to
104	104	implement this section.
105	105	SECTION 11. Subchapter B, Chapter 87, Election Code, is
106	106	amended by adding Section 87.0271 to read as follows:
107	107	Sec. 87.0271. NOTICE TO VOTER OF REJECTED BALLOT: SIGNATURE
108	108	VERIFICATION COMMITTEE. (a) This section applies to an early voting
109	109	ballot voted by mail:
110	110	(1) for which the voter did not sign the carrier
111	111	envelope certificate;
112	112	(2) for which it cannot immediately be determined
113	113	whether the signature on the carrier envelope certificate is that
114	114	of the voter;
115	115	(3) missing any required statement of residence; or
116	116	(4) containing incomplete information with respect to
117	117	a witness.
118	118	(b) Immediately after rejecting a timely delivered ballot
119	119	under Section 87.027, the signature verification committee shall
120	120	notify the voter of the defect by mail. The notice must be
121	121	accompanied by the rejected ballot and must inform the voter that
122	122	the voter may come to the early voting clerk's office in person to
123	123	request to have the voter's application to vote by mail canceled
124	124	under Section 84.032.
125	125	(c) A voter whose ballot is rejected under Section 87.027
126	126	may attempt to cure the defective ballot by:
127	127	(1) appearing at the office of the early voting clerk
128	128	not later than 5:00 p.m. on the fourth business day after the
129	129	election;
130	130	(2) presenting the rejected ballot and the notice
131	131	received by the voter under Subsection (b); and
132	132	(3) executing an affidavit that the voter has not
133	133	voted in the election.
134	134	(d) Notice under this section may not be given in person, by
135	135	e-mail, or by telephone.
136	136	(e) The secretary of state may prescribe any procedures
137	137	necessary to implement this section.
138	138	SECTION 12. Subchapter C, Chapter 87, Election Code, is
139	139	amended by adding Section 87.0411 to read as follows:
140	140	Sec. 87.0411. NOTICE TO VOTER OF REJECTED BALLOT: EARLY
141	141	VOTING BALLOT BOARD. (a) This section applies to an early voting
142	142	ballot voted by mail:
143	143	(1) for which the voter did not sign the carrier
144	144	envelope certificate;
145	145	(2) for which it cannot immediately be determined
146	146	whether the signature on the carrier envelope certificate is that
147	147	of the voter;
148	148	(3) missing any required statement of residence; or
149	149	(4) containing incomplete information with respect to
150	150	a witness.
151	151	(b) Immediately after rejecting a timely delivered ballot
152	152	under Section 87.041, the early voting ballot board shall notify
153	153	the voter of the defect by mail. The notice must be accompanied by
154	154	the rejected ballot and must inform the voter that the voter may
155	155	cure the voter's rejected ballot at the early voting clerk's office
156	156	as provided by this section.
157	157	(c) A voter whose ballot is rejected under Section 87.041
158	158	may attempt to cure the defective ballot by:
159	159	(1) appearing at the office of the early voting clerk
160	160	not later than 5:00 p.m. on the fourth business day after the
161	161	election;
162	162	(2) presenting the rejected ballot and the notice
163	163	received by the voter under Subsection (b); and
164	164	(3) executing an affidavit that the voter has not
165	165	voted in the election.
166	166	(d) Notice under this section may not be given in person, by
167	167	e-mail, or by telephone.
168	168	(e) The secretary of state may prescribe any procedures
169	169	necessary to implement this section.
170	170	SECTION 13. The changes in law made by this Act apply only
171	171	to an offense committed on or after the effective date of this Act.
172	172	An offense committed before the effective date of this Act is
173	173	governed by the law in effect on the date the offense was committed,
174	174	and the former law is continued in effect for that purpose. For
175	175	purposes of this section, an offense was committed before the
176	176	effective date of this Act if any element of the offense occurred
177	177	before that date.
178	178	SECTION 14. This Act takes effect September 1, 2021.