87R12242 ADM-D
By: Springer S.B. No. 1731
A BILL TO BE ENTITLED
AN ACT
relating to election integrity; creating a criminal offense;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.008(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if the person indicates to a
voter in a polling place by word, sign, or gesture how the person
desires the voter to vote or not vote, or if the person offers or
gives a nonmonetary gift to a voter at a polling place or to a person
assisting the voter under Subchapter B, Chapter 64.
SECTION 2. Section 84.001(b), Election Code, is amended to
read as follows:
(b) An application must be in writing and signed by the
applicant using ink on paper. An electronic signature or
photocopied signature is not permitted.
SECTION 3. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0011 to read as follows:
Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS
PROHIBITED. The early voting clerk may make no attempt to solicit a
person to complete an application for an early voting ballot by
mail, whether directly or through a third party.
SECTION 4. Section 84.004, Election Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) An offense under this section is a state jail felony
[Class B misdemeanor].
(f) An early voting clerk who is aware of or is in possession
of evidence that an offense under this section has been committed
shall promptly notify a law enforcement agency and retain the
evidence.
SECTION 5. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL
APPLICATION FORM. Unless otherwise authorized by this code, an
officer or employee of this state or of a political subdivision of
this state may not distribute an official application form for an
early voting ballot to be voted by mail to a person.
SECTION 6. Section 86.002(d), Election Code, is amended to
read as follows:
(d) The secretary of state shall prescribe instructions to
be printed on the balloting materials for the execution and return
of a statement of residence. The instructions must include an
explanation of the circumstances under which the ballot must be
rejected with respect to the statement and instructions on how to
cure a rejected ballot in accordance with Chapter 87.
SECTION 7. Section 86.005(c), Election Code, is amended to
read as follows:
(c) After marking the ballot, the voter must place it in the
official ballot envelope and then seal the ballot envelope, place
the ballot envelope in the official carrier envelope and then seal
the carrier envelope, and sign the certificate on the carrier
envelope. An electronic signature is not permitted.
SECTION 8. Chapter 86, Election Code, is amended by adding
Section 86.00511 to read as follows:
Sec. 86.00511. UNLAWFULLY WITNESSING CARRIER ENVELOPE FOR
MORE THAN ONE VOTER. (a) A person commits an offense if the person
acts as a witness for a voter in signing the certificate on the
carrier envelope for more than one voter in an election.
(b) An offense under this section is a state jail felony.
(c) Each application signed by the witness in violation of
this section constitutes a separate offense.
(d) This section does not apply if the person is related to
the voter within the second degree by affinity or the third degree
by consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, or was physically living in the same dwelling as
the voter at the time of the event.
(e) An early voting clerk who is aware of or is in possession
of evidence that an offense under this section has been committed
shall promptly notify a law enforcement agency and retain the
evidence.
SECTION 9. Section 86.0052(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if the person:
(1) compensates another person for depositing the
carrier envelope in the mail or with a common or contract carrier as
provided by Section 86.0051(b)[, as part of any performance-based
compensation scheme based on the number of ballots deposited or in
which another person is presented with a quota of ballots to deposit
as provided by Section 86.0051(b)];
(2) engages in another practice that causes another
person's compensation from or employment status with the person to
be dependent on the number of ballots deposited as provided by
Section 86.0051(b); or
(3) with knowledge that accepting compensation for
such activity is illegal, accepts compensation for an activity
described by Subdivision (1) or (2).
SECTION 10. Subchapter A, Chapter 87, Election Code, is
amended by adding Section 87.007 to read as follows:
Sec. 87.007. SIGNATURE VERIFICATION TRAINING. (a) The
secretary of state shall:
(1) develop a training course and uniform standards
for the process of signature comparison and verification under this
chapter; and
(2) ensure that the training course is made available
to any person who has a duty to examine signatures under this
chapter.
(b) The secretary of state shall adopt rules as necessary to
implement this section.
SECTION 11. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. NOTICE TO VOTER OF REJECTED BALLOT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early voting
ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Immediately after rejecting a timely delivered ballot
under Section 87.027, the signature verification committee shall
notify the voter of the defect by mail. The notice must be
accompanied by the rejected ballot and must inform the voter that
the voter may come to the early voting clerk's office in person to
request to have the voter's application to vote by mail canceled
under Section 84.032.
(c) A voter whose ballot is rejected under Section 87.027
may attempt to cure the defective ballot by:
(1) appearing at the office of the early voting clerk
not later than 5:00 p.m. on the fourth business day after the
election;
(2) presenting the rejected ballot and the notice
received by the voter under Subsection (b); and
(3) executing an affidavit that the voter has not
voted in the election.
(d) Notice under this section may not be given in person, by
e-mail, or by telephone.
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 12. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. NOTICE TO VOTER OF REJECTED BALLOT: EARLY
VOTING BALLOT BOARD. (a) This section applies to an early voting
ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Immediately after rejecting a timely delivered ballot
under Section 87.041, the early voting ballot board shall notify
the voter of the defect by mail. The notice must be accompanied by
the rejected ballot and must inform the voter that the voter may
cure the voter's rejected ballot at the early voting clerk's office
as provided by this section.
(c) A voter whose ballot is rejected under Section 87.041
may attempt to cure the defective ballot by:
(1) appearing at the office of the early voting clerk
not later than 5:00 p.m. on the fourth business day after the
election;
(2) presenting the rejected ballot and the notice
received by the voter under Subsection (b); and
(3) executing an affidavit that the voter has not
voted in the election.
(d) Notice under this section may not be given in person, by
e-mail, or by telephone.
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 13. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 14. This Act takes effect September 1, 2021.