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Texas Senate Bill SB7

Texas 2021 - 87th Regular

Texas Senate Bill SB7 Compare Versions

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1-87R18640 TSS-D
21 By: Hughes, et al. S.B. No. 7
3- (Cain, Schofield, Jetton, Klick, Oliverson)
4- Substitute the following for S.B. No. 7: No.
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to election integrity and security, including by
10- preventing fraud in the conduct of elections in this state;
11- increasing criminal penalties; creating criminal offenses.
6+ relating to elections, including election integrity and security;
7+ creating criminal offenses; providing civil penalties.
128 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- ARTICLE 1. GENERAL PROVISIONS
14- SECTION 1.01. SHORT TITLE. This Act may be cited as the
15- Election Integrity Protection Act of 2021.
16- SECTION 1.02. PURPOSE. The purpose of this Act is to
17- exercise the legislature's constitutional authority under Section
18- 4, Article VI, Texas Constitution, to make all laws necessary to
19- detect and punish fraud and preserve the purity of the ballot box.
20- SECTION 1.03. FINDINGS. The legislature finds that:
21- (1) full, free, and fair elections are the
22- underpinnings of a stable constitutional democracy;
23- (2) fraud in elections threatens the stability of a
24- constitutional democracy by undermining public confidence in the
25- legitimacy of public officers chosen by election;
26- (3) reforms are needed to the election laws of this
27- state to ensure that fraud does not undermine the public confidence
28- in the electoral process;
29- (4) Section 4, Article VI, Texas Constitution,
30- entrusts the enactment of laws to combat fraud in the electoral
31- process to the sound discretion of the legislature; and
32- (5) the reforms to the election laws of this state made
33- by this Act are not intended to impair the right of free suffrage
34- guaranteed to the people of Texas by the United States and Texas
35- Constitutions, but are enacted solely to prevent fraud in the
36- electoral process.
37- SECTION 1.04. Chapter 1, Election Code, is amended by
38- adding Section 1.0015 to read as follows:
39- Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
40- legislature that the application of this code and the conduct of
41- elections shall be uniform and consistent throughout this state to
42- reduce the likelihood of fraud in the conduct of elections.
43- SECTION 1.05. Section 1.003, Election Code, is amended by
9+ ARTICLE 1. VOTER REGISTRATION
10+ SECTION 1.01. Chapter 42, Code of Criminal Procedure, is
11+ amended by adding Article 42.0194 to read as follows:
12+ Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
13+ trial of a felony offense, if the defendant is 18 years of age or
14+ older and is adjudged guilty of the offense, the court shall:
15+ (1) make an affirmative finding that the person has
16+ been found guilty of a felony and enter the affirmative finding in
17+ the judgment of the case; and
18+ (2) instruct the defendant regarding how the felony
19+ conviction will impact the defendant's right to vote in this state.
20+ SECTION 1.02. Section 13.002, Election Code, is amended by
21+ adding Subsection (c-1) to read as follows:
22+ (c-1) A registration application must require the applicant
23+ to affirmatively indicate all information provided on the
24+ application.
25+ SECTION 1.03. Section 15.028, Election Code, is amended to
26+ read as follows:
27+ Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
28+ PROSECUTOR]. [(a)] If the registrar determines that a person who
29+ is not eligible to vote may have registered to vote or [a registered
30+ voter] voted in an election, the registrar shall execute and
31+ deliver to the attorney general, the secretary of state, and the
32+ county or district attorney having jurisdiction in the territory
33+ covered by the election an affidavit stating the relevant facts.
34+ [(b) If the election covers territory in more than one
35+ county, the registrar shall also deliver an affidavit to the
36+ attorney general.]
37+ SECTION 1.04. Section 16.0332(a), Election Code, is amended
38+ to read as follows:
39+ (a) After the registrar receives a list under Section 18.068
40+ of this code or Section 62.113, Government Code, of persons excused
41+ or disqualified from jury service or otherwise determined to be
42+ ineligible to vote because of citizenship status, the registrar
43+ shall deliver to each registered voter whose name appears on the
44+ list a written notice requiring the voter to submit to the registrar
45+ proof of United States citizenship in the form of a certified copy
46+ of the voter's birth certificate, United States passport, or
47+ certificate of naturalization or any other form prescribed by the
48+ secretary of state. The notice shall be delivered by forwardable
49+ mail to the mailing address on the voter's registration application
50+ and to any new address of the voter known to the registrar.
51+ SECTION 1.05. Section 18.065, Election Code, is amended by
52+ amending Subsection (a) and adding Subsections (e), (f), and (g) to
53+ read as follows:
54+ (a) The secretary of state shall monitor each registrar for
55+ substantial compliance with Sections 15.083, 16.032, 16.0332, and
56+ 18.061 and with rules implementing the statewide computerized voter
57+ registration list.
58+ (e) If a registrar fails to correct a violation within 30
59+ days of a notice under Subsection (b), the secretary of state shall
60+ correct the violation on behalf of the registrar.
61+ (f) A registrar is liable to this state for a civil penalty
62+ of $100 for each violation corrected by the secretary of state under
63+ Subsection (e). The attorney general may bring an action to recover
64+ a civil penalty imposed under this section.
65+ (g) A civil penalty collected by the attorney general under
66+ this section shall be deposited in the state treasury to the credit
67+ of the general revenue fund.
68+ SECTION 1.06. The changes in law made by this article apply
69+ only to an application for voter registration submitted on or after
70+ the effective date of this Act.
71+ ARTICLE 2. VOTING BY MAIL
72+ SECTION 2.01. Subchapter A, Chapter 84, Election Code, is
73+ amended by adding Section 84.0011 to read as follows:
74+ Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS
75+ PROHIBITED. The early voting clerk may make no attempt to solicit a
76+ person to complete an application for an early voting ballot by
77+ mail, whether directly or through a third party.
78+ SECTION 2.02. Section 84.002, Election Code, is amended by
79+ adding Subsection (c) to read as follows:
80+ (c) An application for a ballot to be voted by mail on the
81+ ground of disability must require the applicant to affirmatively
82+ indicate that the applicant agrees with the statement "I have a
83+ sickness or physical condition that prevents me from appearing at
84+ the polling place on election day without a likelihood of needing
85+ personal assistance or injuring my health," as prescribed by
86+ Section 82.002(a).
87+ SECTION 2.03. Section 84.011(a), Election Code, is amended
88+ to read as follows:
89+ (a) The officially prescribed application form for an early
90+ voting ballot must include:
91+ (1) immediately preceding the signature space the
92+ statement: "I certify that the information given in this
93+ application is true, and I understand that giving false information
94+ in this application is a state jail felony [crime].";
95+ (2) a statement informing the applicant of the
96+ offenses prescribed by Sections 84.003 and 84.004;
97+ (3) spaces for entering an applicant's voter
98+ registration number and county election precinct of registration,
99+ with a statement informing the applicant that failure to furnish
100+ that information does not invalidate the application; and
101+ (4) on an application for a ballot to be voted by mail:
102+ (A) a space for an applicant applying on the
103+ ground of absence from the county of residence to indicate the date
104+ on or after which the applicant can receive mail at the address
105+ outside the county;
106+ (B) a space for indicating the fact that an
107+ applicant whose application is signed by a witness cannot make the
108+ applicant's mark and a space for indicating the relationship or
109+ lack of relationship of the witness to the applicant;
110+ (C) a space for entering an applicant's telephone
111+ number, with a statement informing the applicant that failure to
112+ furnish that information does not invalidate the application;
113+ (D) a space or box for an applicant applying on
114+ the ground of age or disability to indicate that the address to
115+ which the ballot is to be mailed is the address of a facility or
116+ relative described by Section 84.002(a)(3), if applicable;
117+ (E) a space or box for an applicant applying on
118+ the ground of confinement in jail to indicate that the address to
119+ which the ballot is to be mailed is the address of a relative
120+ described by Section 84.002(a)(4), if applicable;
121+ (F) a space for an applicant applying on the
122+ ground of age or disability to indicate if the application is an
123+ application under Section 86.0015;
124+ (G) spaces for entering the signature, printed
125+ name, and residence address of any person assisting the applicant;
126+ (H) a statement informing the applicant of the
127+ condition prescribed by Section 81.005; and
128+ (I) a statement informing the applicant of the
129+ requirement prescribed by Section 86.003(c).
130+ SECTION 2.04. Subchapter A, Chapter 84, Election Code, is
131+ amended by adding Section 84.0111 to read as follows:
132+ Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF APPLICATION
133+ FORM. (a) Unless authorized by this code, an officer or employee
134+ of this state or of a political subdivision of this state may not
135+ distribute an application form for an early voting ballot to a
136+ person who did not request an application under Section 84.001.
137+ (b) An officer or employee of this state or of a political
138+ subdivision of this state may not use public funds to facilitate the
139+ distribution by another person of an application form for an early
140+ voting ballot to a person who did not request an application under
141+ Section 84.001.
142+ SECTION 2.05. Section 84.035, Election Code, is amended to
143+ read as follows:
144+ Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early
145+ voting clerk cancels an application by an applicant to whom an early
146+ voting ballot has been sent, the clerk shall:
147+ (1) remove the applicant's name from the early voting
148+ roster; and
149+ (2) make any other entries in the records and take any
150+ other action necessary to prevent the ballot from being counted if
151+ returned.
152+ (b) A person to whom an early voting ballot has been sent who
153+ cancels the person's application for a ballot to be voted by mail in
154+ accordance with Section 84.032 but fails to return the ballot to be
155+ voted by mail to the early voting clerk, deputy early voting clerk,
156+ or presiding judge as provided by that section may only vote a
157+ provisional ballot under Section 63.011.
158+ SECTION 2.06. Section 86.006, Election Code, is amended by
159+ amending Subsections (a) and (e) and adding Subsection (a-2) to
160+ read as follows:
161+ (a) A marked ballot voted under this chapter must be
162+ returned to the early voting clerk in the official carrier
163+ envelope. The carrier envelope may be delivered in another
164+ envelope and must be transported and delivered only by:
165+ (1) mail;
166+ (2) common or contract carrier; or
167+ (3) subject to Subsections [Subsection] (a-1) and
168+ (a-2), in-person delivery by the voter who voted the ballot.
169+ (a-2) An in-person delivery of a marked ballot voted under
170+ this chapter must be received by a person at the time of delivery. A
171+ ballot delivered in violation of this subsection may not be
172+ counted.
173+ (e) Carrier envelopes may not be collected and stored at
174+ another location for subsequent delivery to the early voting clerk.
175+ The secretary of state shall prescribe appropriate procedures to
176+ implement this subsection and to provide accountability for the
177+ delivery of the carrier envelopes from the voting place to the early
178+ voting clerk. A ballot delivered in violation of this subsection
179+ may not be counted.
180+ SECTION 2.07. Section 86.011(c), Election Code, is amended
181+ to read as follows:
182+ (c) If the return is not timely, the clerk shall enter the
183+ time of receipt on the carrier envelope and retain it in a locked
184+ container for the period for preserving the precinct election
185+ records. The clerk shall destroy the unopened envelope and its
186+ contents after the preservation period.
187+ SECTION 2.08. Chapter 86, Election Code, is amended by
188+ adding Section 86.015 to read as follows:
189+ Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT
190+ VOTED BY MAIL OR BALLOT VOTED BY MAIL. (a) The secretary of state
191+ shall develop or otherwise provide an online tool to each early
192+ voting clerk that enables a person who submits an application for a
193+ ballot to be voted by mail to track the location and status of the
194+ person's application and ballot on the secretary's Internet website
195+ and on the county's Internet website if the early voting clerk is
196+ the county clerk of a county that maintains an Internet website.
197+ (b) The online tool developed or provided under Subsection
198+ (a) must require the voter to provide, before permitting the voter
199+ to access information described by that subsection:
200+ (1) the voter's name and registration address and the
201+ last four digits of the voter's social security number; and
202+ (2) the voter's:
203+ (A) driver's license number; or
204+ (B) personal identification card number issued
205+ by the Department of Public Safety.
206+ (c) An online tool used under this section must update the
207+ applicable Internet website as soon as practicable after each of
208+ the following events occurs:
209+ (1) receipt by the early voting clerk of the person's
210+ application for a ballot to be voted by mail;
211+ (2) acceptance or rejection by the early voting clerk
212+ of the person's application for a ballot to be voted by mail;
213+ (3) placement in the mail by the early voting clerk of
214+ the person's official ballot;
215+ (4) receipt by the early voting clerk of the person's
216+ marked ballot; and
217+ (5) acceptance or rejection by the early voting ballot
218+ board of a person's marked ballot.
219+ (c-1) The information contained in Subsection (c) is not
220+ public information for the purposes of Chapter 552, Government
221+ Code, until after Election Day.
222+ (d) The secretary of state shall adopt rules and prescribe
223+ procedures as necessary to implement this section.
224+ SECTION 2.09. Section 87.027(i), Election Code, is amended
225+ to read as follows:
226+ (i) The signature verification committee shall compare the
227+ signature on each carrier envelope certificate, except those signed
228+ for a voter by a witness, with the signature on the voter's ballot
229+ application to determine whether the signatures are those of the
230+ voter. The committee may also compare the signatures with any
231+ known signature [two or more signatures] of the voter [made within
232+ the preceding six years and] on file with the county clerk or voter
233+ registrar to determine whether the signatures are those of the
234+ voter. Except as provided by Subsection (l), a determination under
235+ this subsection that the signatures are not those of the voter must
236+ be made by a majority vote of the committee's membership. The
237+ committee shall place the jacket envelopes, carrier envelopes, and
238+ applications of voters whose signatures are not those of the voter
239+ in separate containers from those of voters whose signatures are
240+ those of the voter. The committee chair shall deliver the sorted
241+ materials to the early voting ballot board at the time specified by
242+ the board's presiding judge.
243+ SECTION 2.10. Section 87.041(e), Election Code, is amended
244+ to read as follows:
245+ (e) In making the determination under Subsection (b)(2),
246+ the board may also compare the signatures with any known signature
247+ [two or more signatures] of the voter [made within the preceding six
248+ years and] on file with the county clerk or voter registrar to
249+ determine whether the signatures are those of the voter.
250+ SECTION 2.11. Sections 87.062(a) and (c), Election Code,
251+ are amended to read as follows:
252+ (a) On the direction of the presiding judge, the early
253+ voting ballot board, in accordance with Section 85.032(b), shall
254+ open the containers [container] for the early voting ballots that
255+ are to be counted by the board, remove the contents from each [the]
256+ container, and remove any ballots enclosed in ballot envelopes from
257+ their envelopes.
258+ (c) Ballots voted by mail shall be tabulated separately from
259+ the ballots voted by personal appearance and shall be separately
260+ reported on the returns [The results of all early voting ballots
261+ counted by the board under this subchapter shall be included in the
262+ same return].
263+ SECTION 2.12. Section 87.103, Election Code, is amended to
264+ read as follows:
265+ Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
266+ The early voting electronic system ballots counted at a central
267+ counting station, the ballots cast at precinct polling places, and
268+ the ballots voted by mail shall be tabulated separately [from the
269+ ballots cast at precinct polling places] and shall be separately
270+ reported on the returns.
271+ (b) The early voting returns prepared at the central
272+ counting station must include any early voting results obtained by
273+ the early voting ballot board under Subchapter [Subchapters] D [and
274+ E].
275+ SECTION 2.13. Section 87.126, Election Code, is amended by
44276 adding Subsection (a-1) to read as follows:
45- (a-1) A public official shall construe the provisions of
46- this code strictly to effect the intent of the legislature under
47- Section 1.0015.
48- SECTION 1.06. Section 1.005, Election Code, is amended by
49- adding Subdivision (15-a) to read as follows:
50- (15-a) "Public official" means any person elected,
51- selected, appointed, employed, or otherwise designated as an
52- officer, employee, or agent of this state, a government agency, a
53- political subdivision, or any other public body established by
54- state law.
55- ARTICLE 2. REGISTRATION OF VOTERS AND CONDUCT OF ELECTIONS
56- SECTION 2.01. Sections 16.001(a) and (b), Election Code,
57- are amended to read as follows:
58- (a) Each month the local registrar of deaths shall prepare
59- an abstract of each death certificate issued in the month for a
60- decedent 18 years of age or older who was a resident of the state at
61- the time of death. The local registrar of deaths shall file each
62- abstract with the voter registrar of the decedent's county of
63- residence and the secretary of state as soon as possible, but not
64- later than the 7th [10th] day after [of the month following the
65- month in which] the abstract is prepared.
66- (b) Each month the clerk of each court having probate
67- jurisdiction shall prepare an abstract of each application for
68- probate of a will, administration of a decedent's estate, or
69- determination of heirship, and each affidavit under Chapter 205,
70- Estates Code, that is filed in the month with a court served by the
71- clerk. The clerk shall file each abstract with the voter registrar
72- and the secretary of state as soon as possible, but not later than
73- the 7th [10th] day after [of the month following the month in which]
74- the abstract is prepared.
75- SECTION 2.02. Section 64.007(c), Election Code, is amended
277+ (a-1) Electronic records made under this section shall
278+ record both sides of any application, envelope, or ballot recorded,
279+ and all such records shall be provided to the early voting ballot
280+ board, the signature verification committee, or both.
281+ SECTION 2.14. The changes in law made by this article apply
282+ only to an application for an early voting ballot to be voted by
283+ mail that is submitted on or after the effective date of this Act.
284+ ARTICLE 3. ELECTION SECURITY
285+ SECTION 3.01. Section 33.006(b), Election Code, is amended
286+ to read as follows:
287+ (b) A certificate of appointment must:
288+ (1) be in writing and signed by the appointing
289+ authority or, for an appointment for a write-in candidate under
290+ Section 33.004, by each of the voters making the appointment;
291+ (2) indicate the capacity in which the appointing
292+ authority is acting;
293+ (3) state the name, residence address, and voter
294+ registration number of the appointee and be signed by the
295+ appointee;
296+ (4) identify the election and the precinct polling
297+ place or other location at which the appointee is to serve; and
298+ (5) in an election on a measure, identify the measure
299+ if more than one is to be voted on and state which side of the
300+ measure the appointee represents[; and
301+ [(6) contain an affidavit executed by the appointee
302+ stating that the appointee will not have possession of a device
303+ capable of recording images or sound or that the appointee will
304+ disable or deactivate the device while serving as a watcher].
305+ SECTION 3.02. Section 33.051(c), Election Code, is amended
306+ to read as follows:
307+ (c) [A watcher may not be accepted for service if the
308+ watcher has possession of a device capable of recording images or
309+ sound unless the watcher agrees to disable or deactivate the
310+ device.] The presiding judge may inquire whether a watcher has
311+ possession of a [any prohibited] recording device before accepting
312+ the watcher for service.
313+ SECTION 3.03. Section 33.056, Election Code, is amended by
314+ amending Subsection (a) and adding Subsections (e) and (f) to read
315+ as follows:
316+ (a) Except as provided by Section 33.057, a watcher is
317+ entitled to observe any activity conducted at the location at which
318+ the watcher is serving. A watcher is entitled to sit or stand
319+ [conveniently] near enough to see and hear the election officers
320+ conducting the observed activity, except as otherwise prohibited by
321+ this chapter.
322+ (e) Except as provided by Section 33.057(b), a watcher may
323+ not be denied free movement within the location at which the watcher
324+ is serving.
325+ (f) In this code, a watcher who is entitled to "observe" an
326+ activity is entitled to sit or stand near enough to see and hear the
327+ activity.
328+ SECTION 3.04. Section 33.061, Election Code, is amended by
329+ adding Subsection (c) to read as follows:
330+ (c) An offense under Subsection (a) includes an action taken
331+ to distance or obstruct the view of a watcher in a way that makes
332+ observation reasonably ineffective.
333+ SECTION 3.05. Subchapter C, Chapter 33, Election Code, is
334+ amended by adding Section 33.063 to read as follows:
335+ Sec. 33.063. DELIVERY OF CERTAIN EVIDENCE TO SECRETARY OF
336+ STATE. (a) A watcher may electronically transmit a photo, video,
337+ or audio recording made by the watcher during the watcher's service
338+ directly to the secretary of state if the watcher reasonably
339+ believes the photo, video, or recording contains evidence of
340+ unlawful activity. The means of transmission must be approved by
341+ the secretary of state.
342+ (b) The secretary of state shall make a photo, video, or
343+ audio recording submitted under this section available to the
344+ attorney general upon request.
345+ (c) Except as expressly provided by this section, a watcher
346+ may not share or transmit a photo, video, or audio recording, or
347+ allow a photo, video, or audio recording to be shared or
348+ transmitted, if the photo, video, or recording was created by the
349+ watcher during the watcher's service.
350+ (d) The secretary of state shall adopt rules to administer
351+ this section.
352+ SECTION 3.06. Section 43.007, Election Code, is amended by
353+ amending Subsection (m) and adding Subsection (m-1) to read as
354+ follows:
355+ (m) In adopting a methodology under Subsection (f), the
356+ county must ensure that:
357+ (1) in a county with a population of less than one
358+ million:
359+ (A) each county commissioners precinct contains
360+ at least one countywide polling place; and
361+ (B) [(2)] the total number of permanent branch
362+ and temporary branch polling places open for voting in a county
363+ commissioners precinct does not exceed more than twice the number
364+ of permanent branch and temporary branch polling places in another
365+ county commissioners precinct; and
366+ (2) in a county with a population of one million or
367+ more, the number of polling places located in each state
368+ representative district included in the territory of the county is
369+ calculated by dividing the number of eligible voters residing in
370+ that district by the total number of eligible voters residing in the
371+ county and using the number generated as a percentage to allocate
372+ the same percentage of polling place locations, rounding up to the
373+ nearest whole number, if necessary.
374+ (m-1) Election officials and voting equipment, materials,
375+ and supplies must be allocated to each polling place based on the
376+ same percentage as polling place locations are determined under
377+ Subsection (m) with no greater than a five percent deviation in the
378+ allocation between state representative districts. Each polling
379+ place location must be able to accommodate 100 percent of the
380+ equipment allocated to be operational at the same time.
381+ SECTION 3.07. Section 43.031(b), Election Code, is amended
382+ to read as follows:
383+ (b) Each polling place shall be located inside a building.
384+ A polling place may not be located in a tent or other temporary
385+ moveable structure or in a facility primarily designed for motor
386+ vehicles. No voter may cast a vote from inside a motor vehicle
387+ unless the voter meets the requirements of Section 64.009.
388+ SECTION 3.08. Section 61.014, Election Code, is amended by
389+ amending Subsections (a) and (b) and adding Subsection (b-1) to
390+ read as follows:
391+ (a) A person, other than a watcher using the device solely
392+ to record image or sound as permitted under Subsection (b), may not
393+ use a wireless communication device within 100 feet of a voting
394+ station.
395+ (b) A person, other than a watcher, may not use a [any]
396+ mechanical or electronic device to record [means of recording]
397+ images or sound at a polling place. A watcher may use such a device
398+ to record images or sound at a polling place, except that a watcher
399+ may record activity [within 100 feet] of a voter at a voting station
400+ only if the voter is receiving assistance the watcher reasonably
401+ believes to be unlawful.
402+ (b-1) A recording made by a watcher under Subsection (b) may
403+ not capture or record any information on a voter's ballot.
404+ SECTION 3.09. Section 64.007(c), Election Code, is amended
76405 to read as follows:
77406 (c) An election officer shall maintain a register of spoiled
78407 ballots at the polling place, including spoiled ballots from a
79408 direct recording electronic voting unit. An election officer shall
80409 enter on the register the name of each voter who returns a spoiled
81410 ballot and the spoiled ballot's number.
82- ARTICLE 3. ELECTION OFFICERS AND OBSERVERS
83- SECTION 3.01. Section 32.075, Election Code, is amended by
84- adding Subsection (g) to read as follows:
85- (g) A presiding judge may not:
86- (1) have a watcher appointed under Subchapter A,
87- Chapter 33, removed from the polling place; or
88- (2) require a watcher appointed under Subchapter A,
89- Chapter 33, to leave the polling place.
90- SECTION 3.02. Subchapter A, Chapter 33, Election Code, is
91- amended by adding Section 33.0015 to read as follows:
92- Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
93- purpose of this chapter is to preserve the integrity of the ballot
94- box in accordance with Section 4, Article VI, Texas Constitution,
95- by providing for the appointment of watchers. To effect that
96- purpose, a watcher appointed under this chapter shall observe the
97- conduct of an election and call to the attention of an election
98- officer any observed or suspected irregularity or violation of law
99- in the conduct of the election.
100- SECTION 3.03. Section 33.051, Election Code, is amended by
101- adding Subsections (g) and (h) to read as follows:
102- (g) An election officer commits an offense if the officer
103- intentionally or knowingly refuses to accept a watcher for service
104- when acceptance of the watcher is required by this section.
105- (h) An offense under Subsection (g) is a Class B
106- misdemeanor.
107- SECTION 3.04. Section 33.056, Election Code, is amended by
108- adding Subsection (e) to read as follows:
109- (e) In this code, a watcher who is entitled to "observe" an
110- activity or procedure is entitled to sit or stand near enough to see
111- and hear the activity or procedure.
112- SECTION 3.05. Subchapter C, Chapter 33, Election Code, is
113- amended by adding Section 33.0605 to read as follows:
114- Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
115- A watcher appointed to serve at a polling place in an election may
116- observe the sealing and transfer of a memory card, flash drive, hard
117- drive, data storage device, or other medium now existing or later
118- developed used by the voting system equipment.
119- SECTION 3.06. Section 33.061(a), Election Code, is amended
120- to read as follows:
121- (a) A person commits an offense if the person serves in an
122- official capacity at a location at which the presence of watchers is
123- authorized and knowingly prevents a watcher from observing an
124- activity or procedure the watcher is entitled to observe, including
125- by taking any action to obstruct the view of a watcher or distance
126- the watcher from the activity or procedure to be observed in a
127- manner that would make observation not reasonably effective.
128- SECTION 3.07. Subchapter C, Chapter 33, Election Code, is
129- amended by adding Section 33.062 to read as follows:
130- Sec. 33.062. REMOVAL OF WATCHER FROM POLLING PLACE. The
131- presiding judge may remove a watcher from a polling place only if
132- the watcher engages in activity that would constitute an offense
133- related to the conduct of the election, including an offense under
134- Chapter 276.
135- SECTION 3.08. Section 61.001, Election Code, is amended by
136- amending Subsection (a) and adding Subsection (a-1) to read as
137- follows:
138- (a) Except as permitted by this code and as described by
139- Subsection (a-1), a person may not be in the polling place from the
140- time the presiding judge arrives there on election day to make the
141- preliminary arrangements until the precinct returns have been
142- certified and the election records have been assembled for
143- distribution following the election.
144- (a-1) Under this code, a person may be lawfully present in a
145- polling place during the time described by Subsection (a) if the
146- person is:
147- (1) an election judge or clerk;
148- (2) a watcher;
149- (3) the secretary of state;
150- (4) a staff member of the Elections Division of the
151- Office of the Secretary of State performing an official duty in
152- accordance with this code;
153- (5) an election official, a sheriff, or a staff member
154- of an election official or sheriff delivering election supplies;
155- (6) a state inspector;
156- (7) a person admitted to vote;
157- (8) a child under 18 years of age who is accompanying a
158- parent who has been admitted to vote;
159- (9) a person providing assistance to a voter under
160- Section 61.032 or 64.032;
161- (10) a person accompanying a voter who has a
162- disability;
163- (11) a special peace officer appointed by the
164- presiding judge under Section 32.075;
165- (12) the county chair of a political party conducting
166- a primary election, as authorized by Section 172.1113;
167- (13) a voting system technician, as authorized by
168- Section 125.010;
169- (14) the county election officer, as defined by
170- Section 31.091, as necessary to perform tasks related to the
171- administration of the election; or
172- (15) a person whose presence has been authorized by
173- the presiding judge and alternate presiding judge in accordance
174- with this code.
175- SECTION 3.09. Section 86.006(a-1), Election Code, is
176- amended to read as follows:
177- (a-1) The voter may deliver a marked ballot in person to the
178- early voting clerk's office only while the polls are open on
179- election day. A voter who delivers a marked ballot in person must
180- present an acceptable form of identification described by Section
181- 63.0101. A poll watcher is entitled to observe the delivery of
182- ballots under this subsection. The poll watcher must be able to
183- determine how the ballots are being delivered and how election
184- officials are making decisions about the delivery of ballots, if
185- applicable. The poll watcher may not disrupt the process of
186- delivering ballots.
187- SECTION 3.10. Section 87.026, Election Code, is amended to
188- read as follows:
189- Sec. 87.026. BYSTANDERS EXCLUDED. (a) Except as permitted
190- by this code and as described by Subsection (b), a person may not be
191- in the meeting place of an early voting ballot board during the time
192- of the board's operations.
193- (b) Under this code, a person may be lawfully present in the
194- meeting place of an early voting ballot board during the time of the
195- board's operations if the person is:
196- (1) a presiding judge or member of the board;
197- (2) a watcher;
198- (3) a voting system technician, as authorized by
199- Section 125.010;
200- (4) the county election officer, as defined by Section
201- 31.091, as necessary to perform tasks related to the administration
202- of the election; or
203- (5) a person whose presence has been authorized by the
204- presiding judge in accordance with this code.
205- SECTION 3.11. Subchapter A, Chapter 127, Election Code, is
206- amended by adding Section 127.008 to read as follows:
207- Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted
208- by this code and as described by Subsection (b), a person may not be
209- in a central counting station while ballots are being counted.
210- (b) Under this code, a person may be lawfully present in the
211- central counting station while ballots are being counted if the
212- person is:
213- (1) a counting station manager, tabulation
214- supervisor, assistant to the tabulation supervisor, presiding
215- judge, or clerk;
216- (2) a watcher;
217- (3) a voting system technician, as authorized by
218- Section 125.010;
219- (4) the county election officer, as defined by Section
220- 31.091, as necessary to perform tasks related to the administration
221- of the election; or
222- (5) a person whose presence has been authorized by the
223- presiding judge of the central counting station in accordance with
224- this code.
225- ARTICLE 4. ASSISTANCE OF VOTERS
226- SECTION 4.01. Subchapter B, Chapter 64, Election Code, is
411+ SECTION 3.10. Section 64.009, Election Code, is amended by
412+ amending Subsection (b) and adding Subsections (b-1), (e), (f),
413+ (f-1), (g), and (h) to read as follows:
414+ (b) The regular voting procedures, except those in
415+ Subchapter B, may be modified by the election officer to the extent
416+ necessary to conduct voting under this section.
417+ (b-1) A person other than the voter is only permitted to be
418+ inside the motor vehicle while the voter votes if the person would
419+ be entitled to accompany the voter to the voting station under other
420+ law.
421+ (e) Except as provided by Section 33.057, a poll watcher is
422+ entitled to observe any activity conducted under this section.
423+ (f) A person who simultaneously assists three or more voters
424+ voting under this section by providing the voters with
425+ transportation to the polling place must complete and sign a form,
426+ provided by an election officer, that contains the person's name
427+ and address and whether the person is providing assistance solely
428+ under this section or under both this section and Subchapter B.
429+ (f-1) Subsection (f) does not apply if the person is related
430+ to each voter within the second degree by affinity or the third
431+ degree by consanguinity, as determined under Subchapter B, Chapter
432+ 573, Government Code.
433+ (g) A form completed under Subsection (f) shall be delivered
434+ to the secretary of state as soon as practicable. The secretary
435+ shall retain a form delivered under this section for the period for
436+ preserving the precinct election records and shall make the form
437+ available to the attorney general for inspection if the attorney
438+ general has received a complaint to which the information may be
439+ responsive.
440+ (h) The secretary of state shall prescribe the form
441+ described by Subsection (f).
442+ SECTION 3.11. Subchapter B, Chapter 64, Election Code, is
227443 amended by adding Section 64.0322 to read as follows:
228444 Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
229445 person, other than an election officer, who assists a voter in
230446 accordance with this chapter is required to complete a form
231447 stating:
232448 (1) the name and address of the person assisting the
233449 voter;
234- (2) the manner in which the person is assisting the
235- voter;
236- (3) the reason the assistance is necessary; and
450+ (2) the manner in which the person assisted the voter;
451+ (3) the reason the assistance was necessary; and
237452 (4) the relationship of the assistant to the voter.
238453 (b) The secretary of state shall prescribe the form required
239454 by this section. The form must be incorporated into the official
240455 carrier envelope if the voter is voting an early voting ballot by
241456 mail and receives assistance under Section 86.010, or must be
242457 submitted to an election officer at the time the voter casts a
243458 ballot if the voter is voting at a polling place or under Section
244459 64.009.
245- SECTION 4.02. Section 64.034, Election Code, is amended to
460+ SECTION 3.12. Subchapter A, Chapter 65, Election Code, is
461+ amended by adding Section 65.016 to read as follows:
462+ Sec. 65.016. VOTE COUNTING EQUIPMENT. Beginning January 1,
463+ 2024, no equipment to count votes shall be used that is capable of
464+ being connected to the Internet or any other computer network.
465+ SECTION 3.13. Section 66.052, Election Code, is amended to
246466 read as follows:
247- Sec. 64.034. OATH. A person selected to provide assistance
248- to a voter must take the following oath, administered by an election
249- officer at the polling place, before providing assistance:
250- "I swear (or affirm) under penalty of perjury that I will not
251- suggest, by word, sign, or gesture, how the voter should vote; I
252- will confine my assistance to answering the voter's questions, to
253- stating propositions on the ballot, and to naming candidates and,
254- if listed, their political parties; I will prepare the voter's
255- ballot as the voter directs; I did not pressure, encourage, coerce,
256- or intimidate the voter into choosing me to provide assistance; and
257- I am not the voter's employer, an agent of the voter's employer, or
258- an officer or agent of a labor union to which the voter belongs."
259- SECTION 4.03. Section 86.010, Election Code, is amended by
260- amending Subsections (e), (h), and (i) and adding Subsection (i-1)
467+ Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
468+ (a) A delivery of election records or supplies that is to be
469+ performed by the presiding judge may be performed by an election
470+ clerk designated by the presiding judge.
471+ (b) The presiding judge or an election clerk designated by
472+ the presiding judge under this section must keep records of each
473+ person that has custody of a precinct election record until the
474+ records are delivered.
475+ SECTION 3.14. Sections 66.058(b) and (g), Election Code,
476+ are amended to read as follows:
477+ (b) For a period of at least 60 days after the date of the
478+ election, or until any election contest is resolved, whichever is
479+ longer, the voted ballots shall be preserved securely in a locked
480+ room in the locked ballot box in which they are delivered to the
481+ general custodian of election records. On the 61st day after
482+ election day, or the day an election contest is resolved, whichever
483+ is later, the general custodian of election records may:
484+ (1) require a person who has possession of a key that
485+ operates the lock on a ballot box containing voted ballots to return
486+ the key to the custodian; and
487+ (2) unlock the ballot box and transfer the voted
488+ ballots to another secure container for the remainder of the
489+ preservation period.
490+ (g) Electronic records created under Chapter 129 shall be
491+ preserved in a secure container. An electronic device used to store
492+ records may not be altered in any manner as to delete or overwrite
493+ the records during the preservation period.
494+ SECTION 3.15. Section 85.005, Election Code, is amended to
495+ read as follows:
496+ Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
497+ as provided by Subsection (c), in an election in which a county
498+ clerk [or city secretary] is the early voting clerk under Section
499+ 83.002 [or 83.005], early voting by personal appearance at the main
500+ early voting polling place shall be conducted on each weekday of
501+ [the weekdays of] the early voting period that is not a legal state
502+ holiday and for a period of at least nine hours, except that voting
503+ may not be conducted earlier than 6 a.m. or later than 9 p.m.
504+ [during the hours that the county clerk's or city secretary's main
505+ business office is regularly open for business.]
506+ (b) In an election to which Subsection (a) does not apply,
507+ early voting by personal appearance at the main early voting
508+ polling place shall be conducted at least nine [eight] hours each
509+ weekday of the early voting period that is not a legal state holiday
510+ unless the territory covered by the election has fewer than 1,000
511+ registered voters. In that case, the voting shall be conducted at
512+ least four [three] hours each day. The authority ordering the
513+ election, or the county clerk if that person is the early voting
514+ clerk, shall determine which hours the voting is to be conducted.
515+ (c) In a county with a population of 30,000 [100,000] or
516+ more, the voting in a primary election or the general election for
517+ state and county officers shall be conducted at the main early
518+ voting polling place for [at least] 12 hours on each weekday of the
519+ last week of the early voting period, and the voting in a special
520+ election ordered by the governor shall be conducted at the main
521+ early voting polling place for [at least] 12 hours on each of the
522+ last two days of the early voting period. Voting under this
523+ subsection may not be conducted earlier than 6 a.m. or later than 9
524+ p.m. Voting shall be conducted in accordance with this subsection
525+ in those elections in a county with a population under 30,000
526+ [100,000] on receipt by the early voting clerk of a written request
527+ for the extended hours submitted by at least 15 registered voters of
528+ the county. The request must be submitted in time to enable
529+ compliance with Section 85.067.
530+ [(d) In an election ordered by a city, early voting by
531+ personal appearance at the main early voting polling place shall be
532+ conducted for at least 12 hours:
533+ [(1) on one weekday, if the early voting period consists
534+ of less than six weekdays; or
535+ [(2) on two weekdays, if the early voting period
536+ consists of six or more weekdays.]
537+ SECTION 3.16. Subchapter A, Chapter 85, Election Code, is
538+ amended by adding Section 85.0055 to read as follows:
539+ Sec. 85.0055. VOTING AFTER POLLS CLOSE. (a) A voter who
540+ has not voted before the time for closing an early voting polling
541+ place is entitled to vote after that time if the voter is inside or
542+ waiting to enter the polling place at closing time.
543+ (b) If voters are waiting to enter the polling place at
544+ closing time, the presiding judge shall direct them to enter the
545+ polling place and shall close it to others. However, if that
546+ procedure is impracticable, at closing time the presiding judge
547+ shall distribute numbered identification cards to the waiting
548+ voters and permit entry into the polling place for voting after
549+ closing time only by those possessing a card.
550+ (c) The presiding judge shall take the precautions
551+ necessary to prevent voting after closing time by persons who are
552+ not entitled to do so.
553+ SECTION 3.17. Section 85.006(b), Election Code, is amended
261554 to read as follows:
262- (e) A person who assists a voter to prepare a ballot to be
263- voted by mail shall enter on the official carrier envelope of the
264- voter:
265- (1) the person's signature, printed name, and
266- residence address;
267- (2) the manner of any assistance provided to the voter
268- by the person;
269- (3) the relationship of the person providing the
270- assistance to the voter; and
271- (4) whether the person received or accepted any form
272- of compensation or other benefit from a candidate, campaign, or
273- political committee in exchange for providing assistance [on the
274- official carrier envelope of the voter].
275- (h) Subsection (f) does not apply to:
276- (1) a violation of Subsection (c), if the person is
277- related to the voter within the second degree by affinity or the
278- third degree by consanguinity, as determined under Subchapter B,
279- Chapter 573, Government Code, or was physically living in the same
280- dwelling as the voter at the time of the event; or
281- (2) a violation of Subsection (e), if the person is
282- related to the voter within the second degree by affinity or the
283- third degree by consanguinity, as determined under Subchapter B,
284- Chapter 573, Government Code.
285- (i) An offense under this section for a violation of
286- Subsection (c) is increased to the next higher category of offense
287- if it is shown on the trial of an offense under this section that:
288- (1) the defendant was previously convicted of an
289- offense under this code;
290- (2) the offense involved a voter 65 years of age or
291- older; or
292- (3) the defendant committed another offense under this
293- section in the same election.
294- (i-1) An offense under this section for a violation of
295- Subsection (e) is a felony of the third degree if it is shown on the
296- trial of the offense that the person committed an offense under
297- Section 64.036 for providing unlawful assistance to the same voter
298- in connection with the same ballot.
299- SECTION 4.04. Sections 86.0105(a), (c), and (e), Election
300- Code, are amended to read as follows:
301- (a) A person commits an offense if the person:
302- (1) compensates or offers to compensate another person
303- for assisting voters as provided by Section 86.010[, as part of any
304- performance-based compensation scheme based on the number of voters
305- assisted or in which another person is presented with a quota of
306- voters to be assisted as provided by Section 86.010]; or
307- (2) solicits, receives, or [engages in another
308- practice that causes another person's compensation from or
309- employment status with the person to be dependent on the number of
310- voters assisted as provided by Section 86.010; or
311- [(3) with knowledge that accepting compensation for
312- such activity is illegal,] accepts compensation for an activity
313- described by Subdivision (1) [or (2)].
314- (c) An offense under this section is a state jail felony [if
315- it is shown on the trial of an offense under this section that the
316- defendant was previously convicted two or more times under this
317- section].
318- (e) For purposes of this section, compensation means any
319- form of monetary payment, goods, services, benefits, or promises or
320- offers of employment, political favors, beneficial or favorable
321- discretionary official acts, or any other form of consideration
322- offered to another person in exchange for assisting voters.
323- SECTION 4.05. Section 86.013(b), Election Code, is amended
555+ (b) In an election in which a county clerk [or city
556+ secretary] is the early voting clerk under Section 83.002 [or
557+ 83.005], only the early voting clerk may order voting on a Saturday
558+ or Sunday. The clerk must do so by written order.
559+ SECTION 3.18. Section 85.010(a-1), Election Code, is
560+ amended to read as follows:
561+ (a-1) In this section, "eligible county polling place"
562+ means an early voting polling place[, other than a polling place
563+ established under Section 85.062(e),] established by a county.
564+ SECTION 3.19. Section 85.033, Election Code, is amended to
565+ read as follows:
566+ Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close
567+ of early voting each day, the early voting clerk shall secure each
568+ voting machine used for early voting in the manner prescribed by the
569+ secretary of state so that its unauthorized operation is prevented.
570+ The clerk shall unsecure the machine before the beginning of early
571+ voting the following day.
572+ (b) A voting machine used for early voting may not be
573+ removed from the polling place until the polls close on election
574+ day. A defective, or in need of repair, machine may be removed from
575+ service and replaced.
576+ SECTION 3.20. Section 85.061(a), Election Code, is amended
324577 to read as follows:
325- (b) Spaces must appear on the reverse side of the official
326- carrier envelope for:
327- (1) indicating the identity and date of the election;
328- [and]
329- (2) entering the signature, printed name, and
330- residence address of a person other than the voter who deposits the
331- carrier envelope in the mail or with a common or contract carrier;
332- and
333- (3) indicating the manner of any assistance provided
334- by a person assisting the voter, and the relationship of that person
335- to the voter.
336- ARTICLE 5. FRAUD AND OTHER UNLAWFUL PRACTICES
337- SECTION 5.01. Chapter 63, Election Code, is amended by
338- adding Section 63.0111 to read as follows:
339- Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
340- An election judge commits an offense if the judge knowingly
341- provides a voter with a form for an affidavit required by Section
342- 63.001 if the form contains false information that was entered on
343- the form by the judge.
344- (b) An offense under this section is a state jail felony.
345- SECTION 5.02. Section 64.012, Election Code, is amended by
346- amending Subsection (a) and adding Subsection (c) to read as
578+ (a) In a countywide election in which the county clerk is
579+ the early voting clerk under Section 83.002, an early voting
580+ polling place shall be located inside [at] each branch office that
581+ is regularly maintained for conducting general clerical functions
582+ of the county clerk, except as provided by Subsection (b). If a
583+ suitable room is unavailable inside the branch office, the polling
584+ place may be located in another room inside the same building as the
585+ branch office. The polling place may not be located in a tent or
586+ other temporary movable structure or a parking garage, parking lot,
587+ or similar facility designed primarily for motor vehicles.
588+ SECTION 3.21. Section 85.062, Election Code, is amended by
589+ amending Subsection (b) and adding Subsection (f-1) to read as
347590 follows:
348- (a) A person commits an offense if the person:
349- (1) votes or attempts to vote in an election in which
350- the person knows the person is not eligible to vote;
351- (2) knowingly votes or attempts to vote more than once
352- in an election;
353- (3) knowingly votes or attempts to vote a ballot
354- belonging to another person, or by impersonating another person;
355- [or]
356- (4) knowingly marks or attempts to mark any portion of
357- another person's ballot without the consent of that person, or
358- without specific direction from that person how to mark the ballot;
359- or
360- (5) knowingly votes or attempts to vote in an election
361- in this state after voting in another state in an election in which
362- a federal office appears on the ballot and the election day for both
363- states is the same day.
364- (c) If conduct that constitutes an offense under this
365- section also constitutes an offense under any other law, the actor
366- may be prosecuted under this section, the other law, or both.
367- SECTION 5.03. Sections 276.013(a) and (b), Election Code,
368- are amended to read as follows:
591+ (b) A polling place established under this section may be
592+ located, subject to Subsection (d), at any place in the territory
593+ served by the early voting clerk and may be located inside [in] any
594+ building [stationary structure] as directed by the authority
595+ establishing the branch office. The polling place may not be
596+ located in a tent or other temporary movable structure or a parking
597+ garage, parking lot, or similar facility designed primarily for
598+ motor vehicles in the general election for state and county
599+ officers, general primary election, or runoff primary election.
600+ Ropes or other suitable objects may be used at the polling place to
601+ ensure compliance with Section 62.004. Persons who are not
602+ expressly permitted by law to be in a polling place shall be
603+ excluded from the polling place to the extent practicable.
604+ (f-1) Notwithstanding any other provision of this section
605+ concerning the location of temporary branch polling places, in an
606+ election in which countywide polling places are used under Section
607+ 43.007, the commissioners court of a county shall employ the same
608+ methodology it uses to determine the location of countywide polling
609+ places to determine the location of temporary branch polling
610+ places.
611+ SECTION 3.22. Chapter 121, Election Code, is amended by
612+ adding Section 121.004 to read as follows:
613+ Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
614+ PUBLIC INFORMATION. Notwithstanding any other law, including
615+ Chapter 552, Government Code, a written letter, e-mail, or other
616+ communication, including a communication made confidential by
617+ other law, between a public official and a voting systems vendor:
618+ (1) is not confidential;
619+ (2) is public information for purposes of Chapter 552,
620+ Government Code; and
621+ (3) is not subject to an exception to disclosure
622+ provided by Chapter 552, Government Code.
623+ SECTION 3.23. Section 124.002, Election Code, is amended by
624+ adding Subsection (c) to read as follows:
625+ (c) Voting system ballots may not be arranged in a manner
626+ that allows a political party's candidates to be selected in one
627+ motion or gesture.
628+ SECTION 3.24. Subchapter A, Chapter 125, Election Code, is
629+ amended by adding Section 125.0071 to read as follows:
630+ Sec. 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A
631+ voting machine or ballot marking device must allow a voter the
632+ option to cast or complete the voter's ballot without voting on all
633+ races or measures if the voter affirmatively chooses to do so.
634+ SECTION 3.25. Subchapter A, Chapter 127, Election Code, is
635+ amended by adding Section 127.008 to read as follows:
636+ Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING
637+ STATION. (a) A counting station manager and the presiding judge of
638+ the counting station shall develop a protocol under which any
639+ electronic device inside a central counting station that is
640+ necessary to count votes is equipped with software that tracks all
641+ input and activity on the electronic device.
642+ (b) The counting station manager and the presiding judge of
643+ the counting station shall ensure that the input and activity
644+ tracked by the software is printed and delivered to the secretary of
645+ state not later than the fifth day after vote counting is complete.
646+ SECTION 3.26. Section 127.1232, Election Code, is amended
647+ to read as follows:
648+ Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
649+ custodian of election records shall post a licensed peace officer
650+ [guard] to ensure the security of ballot boxes containing voted
651+ ballots throughout the period of tabulation at the central counting
652+ station.
653+ (b) The general custodian of election records in a county
654+ with a population of less than 100,000 may, and the general
655+ custodian of election records in a county with a population of
656+ 100,000 or more shall, implement a video surveillance system that
657+ retains a record of all areas containing voted ballots from the time
658+ the voted ballots are delivered to the central counting station
659+ until the canvass of precinct election returns. The video may be
660+ made available to the public by a livestream in a county with a
661+ population of less than 100,000, and shall be made available to the
662+ public by a livestream in a county with a population of 100,000 or
663+ more.
664+ (c) The video recorded is an election record under Section
665+ 1.012 and shall be retained by the general custodian of election
666+ records until the end of the calendar year in which an election is
667+ held or until an election contest filed in the county has been
668+ resolved, whichever is later.
669+ SECTION 3.27. Section 127.1301, Election Code, is amended
670+ to read as follows:
671+ Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING]
672+ CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
673+ OVERVOTES]. (a) In an election using centrally counted optical
674+ scan ballots, the undervotes and overvotes on those ballots shall
675+ be tallied, tabulated, and reported by race and by election
676+ precinct in the form and manner prescribed by the secretary of
677+ state.
678+ (b) After January 1, 2024, an authority operating a central
679+ counting station under this chapter may not purchase or use a
680+ centrally counted optical ballot scan system that uses a data
681+ storage disc on which information, once written, is capable of
682+ being modified.
683+ SECTION 3.28. Subchapter A, Chapter 129, Election Code, is
684+ amended by adding Section 129.003 to read as follows:
685+ Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this
686+ section, "auditable voting system" means a voting system that:
687+ (1) uses a paper record; or
688+ (2) produces a paper record by which a voter can verify
689+ that the voter's ballot will be counted accurately.
690+ (b) Except as provided by Subsection (e), a voting system
691+ that consists of direct recording electronic voting machines may
692+ not be used in an election unless the system is an auditable voting
693+ system.
694+ (c) Except for a recount under Title 13 or an election
695+ contest under Title 14, the electronic vote is the official record
696+ of the ballot. For a recount of ballots cast on a system involving
697+ direct recording electronic voting machines, or in an election
698+ contest, the paper record is the official record of the vote cast.
699+ (d) An authority that purchased a voting system other than
700+ an auditable voting system after September 1, 2016, and before
701+ September 1, 2021, may use available federal funding and, if
702+ federal funding is not available, available state funding to
703+ retrofit the purchased voting system as an auditable voting system
704+ in accordance with the following schedule:
705+ (1) if the voting system was retrofitted as an
706+ auditable voting system not later than the election taking place
707+ November 8, 2022, the authority is eligible to have 100 percent of
708+ the cost of retrofitting reimbursed under this section; and
709+ (2) if the authority is not eligible for a 100 percent
710+ reimbursement of cost under Subdivision (1) and the voting system
711+ was retrofitted as an auditable voting system not later than the
712+ election taking place November 3, 2026, the authority is eligible
713+ to have 50 percent of the cost of retrofitting reimbursed under this
714+ section.
715+ (e) Subsections (a)-(c) do not apply to an election held
716+ before September 1, 2026.
717+ (f) Before opening the polls for voting, the presiding
718+ election judge shall confirm that each voting machine has any
719+ public counter reset to zero and shall print the tape that shows the
720+ counter was set to zero. After closing the polls for voting, the
721+ presiding election judge shall print the tape that shows the number
722+ of votes cast. Each election judge present shall sign a tape
723+ printed under this subsection.
724+ SECTION 3.29. Section 129.023, Election Code, is amended by
725+ adding Subsections (b-2) and (c-1) to read as follows:
726+ (b-2) If the test is being conducted for an election in
727+ which a county election board has been established under Section
728+ 51.002, the general custodian of election records shall notify each
729+ member of the board of the test at least 48 hours before the date of
730+ the test. If the county election board chooses to witness the test,
731+ each member shall sign the statement required by Subsection (e)(1).
732+ (c-1) A test conducted under this section must also require
733+ the general custodian of election records to demonstrate, using a
734+ representative sample of voting system equipment, that the source
735+ code of the equipment has not been altered.
736+ SECTION 3.30. Section 216.001, Election Code, is amended to
737+ read as follows:
738+ Sec. 216.001. APPLICABILITY OF CHAPTER. (a) Except as
739+ provided by Subsection (b), this [This] chapter applies only to an
740+ election that results in a tie vote as provided by Sections
741+ 2.002(i), 2.023(b) and (c), and 2.028.
742+ (b) If the results of an election show that the number of
743+ votes cast in an election precinct exceeds the number of registered
744+ voters in the precinct, the authority designated under Section
745+ 212.026 shall initiate an automatic recount for that precinct in
746+ accordance with this chapter.
747+ SECTION 3.31. Section 81.032, Local Government Code, is
748+ amended to read as follows:
749+ Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The
750+ commissioners court may accept a donation of labor or services,
751+ gift, grant, donation, bequest, or devise of money or other
752+ property on behalf of the county, including a donation under
753+ Chapter 38, Government Code, for the purpose of performing a
754+ function conferred by law on the county or a county officer.
755+ (b) The commissioners court may not accept a donation
756+ described in Subsection (a) of over $1,000 for use in administering
757+ elections without the written consent of the secretary of state.
758+ (c) The secretary of state may grant consent under
759+ Subsection (b) only if:
760+ (1) the secretary consults with the governor, the
761+ lieutenant governor, and the speaker of the house of
762+ representatives on the proposed donation; and
763+ (2) the governor, the lieutenant governor, and the
764+ speaker of the house of representatives unanimously agree to the
765+ secretary's grant of consent.
766+ SECTION 3.32. The changes in law made by this article apply
767+ only to an election ordered on or after the effective date of this
768+ Act. An election ordered before the effective date of this Act is
769+ governed by the law in effect when the election was ordered, and the
770+ former law is continued in effect for that purpose.
771+ ARTICLE 4. ENFORCEMENT
772+ SECTION 4.01. Subchapter E, Chapter 31, Election Code, is
773+ amended by adding Sections 31.126 and 31.127 to read as follows:
774+ Sec. 31.126. RESTRICTION ON ELIGIBILITY. (a) In this
775+ section, "election official" means:
776+ (1) a county clerk;
777+ (2) a permanent or temporary deputy county clerk;
778+ (3) an elections administrator;
779+ (4) a permanent or temporary employee of an elections
780+ administrator;
781+ (5) an election judge;
782+ (6) an alternate election judge;
783+ (7) an early voting clerk;
784+ (8) a deputy early voting clerk;
785+ (9) an election clerk;
786+ (10) the presiding judge of an early voting ballot
787+ board;
788+ (11) the alternate presiding judge of an early voting
789+ ballot board;
790+ (12) a member of an early voting ballot board;
791+ (13) the chair of a signature verification committee;
792+ (14) the vice chair of a signature verification
793+ committee;
794+ (15) a member of a signature verification committee;
795+ (16) the presiding judge of a central counting
796+ station;
797+ (17) the alternate presiding judge of a central
798+ counting station;
799+ (18) a central counting station manager;
800+ (19) a central counting station clerk;
801+ (20) a tabulation supervisor; and
802+ (21) an assistant to a tabulation supervisor.
803+ (b) A person may not serve as an election official if the
804+ person has been finally convicted of an offense under Section
805+ 33.061.
806+ Sec. 31.127. CIVIL PENALTY. (a) In this section, "election
807+ official" has the meaning assigned by Section 31.126.
808+ (b) An election official may be liable to this state for a
809+ civil penalty if the official:
810+ (1) is employed by or is an officer of this state or a
811+ political subdivision of this state; and
812+ (2) violates a provision of this code.
813+ (c) A civil penalty imposed under this section may include
814+ termination of the person's employment and loss of the person's
815+ employment benefits.
816+ SECTION 4.02. Section 33.051, Election Code, is amended by
817+ adding Subsections (g) and (h) to read as follows:
818+ (g) An election officer commits an offense if the officer
819+ knowingly refuses to accept a watcher for service whose acceptance
820+ is required by this code. An offense under this section is a Class A
821+ misdemeanor.
822+ (h) Before accepting a watcher, the officer presented with a
823+ watcher's certificate of appointment shall require the watcher to
824+ take the following oath, administered by the officer: "I swear (or
825+ affirm) that I will not disrupt the voting process or harass voters
826+ in the discharge of my duties."
827+ SECTION 4.03. Subchapter C, Chapter 33, Election Code, is
828+ amended by adding Section 33.062 to read as follows:
829+ Sec. 33.062. INJUNCTIVE RELIEF. A watcher, or the
830+ appointing authority for a watcher, is entitled to injunctive
831+ relief under Section 273.081 to enforce this chapter, including
832+ issuance of temporary orders.
833+ SECTION 4.04. Section 87.0431(b), Election Code, is amended
834+ to read as follows:
835+ (b) The early voting clerk shall, not later than the 30th
836+ day after election day, deliver notice to the attorney general,
837+ including certified copies of the carrier envelope and
838+ corresponding ballot application, of any ballot rejected because:
839+ (1) the voter was deceased;
840+ (2) the voter already voted in person in the same
841+ election;
842+ (3) the signatures on the carrier envelope and ballot
843+ application were not executed by the same person;
844+ (4) the carrier envelope certificate lacked a witness
845+ signature; [or]
846+ (5) the carrier envelope certificate was improperly
847+ executed by an assistant; or
848+ (6) any form of voter fraud was committed.
849+ SECTION 4.05. Section 232.006(a), Election Code, is amended
850+ to read as follows:
851+ (a) The venue of an election contest for a statewide office
852+ is in Travis County or any county where a contestee resided at the
853+ time of the election. For purposes of this section, a contestee's
854+ residence is determined under Section 411.0257, Government Code.
855+ SECTION 4.06. Chapter 232, Election Code, is amended by
856+ adding Subchapter C to read as follows:
857+ SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
858+ Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
859+ applies to an election contest in which the contestant alleges in
860+ the petition that an opposing candidate, an agent of the opposing
861+ candidate, or a person acting on behalf of the opposing candidate
862+ with the candidate's knowledge committed election fraud under any
863+ of the following sections of this code:
864+ (1) Section 13.007;
865+ (2) Section 64.012;
866+ (3) Section 64.036;
867+ (4) Section 84.003;
868+ (5) Section 84.0041;
869+ (6) Section 86.0051;
870+ (7) Section 86.006;
871+ (8) Section 86.010; or
872+ (9) Section 276.013.
873+ Sec. 232.062. EVIDENTIARY STANDARD. A contestant must
874+ prove an allegation described by Section 232.061 by a preponderance
875+ of the evidence.
876+ Sec. 232.063. CIVIL PENALTY. (a) If the court in its
877+ judgment finds that the contestee, an agent of the contestee, or a
878+ person acting on behalf of the contestee with the contestee's
879+ knowledge committed one or more violations of a section described
880+ by Section 232.061, the contestee is liable to this state for a
881+ civil penalty of $1,000 for each violation.
882+ (b) A penalty collected under this section by the attorney
883+ general shall be deposited in the state treasury to the credit of
884+ the general revenue fund.
885+ Sec. 232.064. ATTORNEY'S FEES. In an election contest to
886+ which this subchapter applies, the court may award reasonable
887+ attorney's fees to the prevailing party.
888+ SECTION 4.07. Section 276.013(a), Election Code, is amended
889+ to read as follows:
369890 (a) A person commits an offense if the person knowingly or
370891 intentionally makes any effort to:
371892 (1) influence the independent exercise of the vote of
372- another in the presence of the ballot or during the voting process,
373- including by altering the ballot of another or by otherwise causing
374- a ballot to not reflect the intent of the voter;
893+ another in the presence of the ballot or during the voting process;
375894 (2) cause a voter to become registered, a ballot to be
376895 obtained, or a vote to be cast under false pretenses; [or]
377- (3) count invalid votes or alter a report to include
378- invalid votes;
379- (4) fail to count valid votes or alter a report to
896+ (3) count votes or alter a report to include votes the
897+ person knows are invalid;
898+ (4) refuse to count valid votes or alter a report to
380899 exclude valid votes; or
381900 (5) [(3)] cause any intentionally misleading
382901 statement, representation, or information to be provided:
383902 (A) to an election official; or
384903 (B) on an application for ballot by mail, carrier
385904 envelope, or any other official election-related form or document.
386- (b) An offense under this section is a state jail felony
387- [Class A misdemeanor].
388- SECTION 5.04. Chapter 276, Election Code, is amended by
389- adding Sections 276.014, 276.016, 276.017, 276.018, and 276.019 to
390- read as follows:
391- Sec. 276.014. PAID VOTE HARVESTING. (a) In this section:
392- (1) "Benefit" means anything reasonably regarded as a
393- gain or advantage, including:
394- (A) a promise or offer of employment, a political
395- favor, or a favorable discretionary official act; and
396- (B) a benefit to any other person in whose
397- welfare the beneficiary has an interest.
398- (2) "Vote harvesting services" means direct
905+ SECTION 4.08. Chapter 276, Election Code, is amended by
906+ adding Sections 276.014 and 276.015 to read as follows:
907+ Sec. 276.014. PAID VOTE HARVESTING. (a) In this section
908+ and Section 276.015, "vote harvesting services" means direct
399909 interaction with one or more voters in connection with an official
400910 ballot, a ballot voted by mail, or an application for ballot by
401911 mail, intended to deliver votes for a specific candidate or
402912 measure.
403913 (b) A person commits an offense if the person, directly or
404- through a third party, knowingly provides or offers to provide vote
405- harvesting services in exchange for compensation or other benefit.
914+ through a third party, knowingly provides or offers to provide the
915+ vote harvesting services in exchange for compensation or other
916+ benefit, including benefits to a party whose welfare is of interest
917+ to the person.
406918 (c) A person commits an offense if the person, directly or
407919 through a third party, knowingly provides or offers to provide
408- compensation or other benefit to a person in exchange for vote
920+ compensation or other benefit to a person, or to another party whose
921+ welfare is of interest to the person, in exchange for the vote
409922 harvesting services.
410923 (d) A person commits an offense if the person knowingly
411924 collects or possesses a ballot voted by mail or official carrier
412- envelope from a voter in connection with vote harvesting services.
413- (e) This section does not apply to political speech or other
414- acts merely promoting a candidate or measure that do not involve
415- direct interaction with:
925+ envelope from a voter in connection with the vote harvesting
926+ services.
927+ (e) This section does not apply to acts promoting a
928+ candidate or measure that do not involve direct interaction with:
416929 (1) an application for ballot by mail, in the presence
417930 of the voter; or
418931 (2) a voter's official ballot, ballot voted by mail, or
419932 carrier envelope.
420- (f) In this section, compensation or other benefit in
421- exchange for vote harvesting services is inferred if a person who
422- performed the vote harvesting services for a candidate or campaign
423- solicits, receives, or is offered compensation from the candidate
424- or campaign, directly or through a third party, for services other
425- than the vote harvesting services provided.
933+ (f) In this section, compensation in exchange for the vote
934+ harvesting services is inferred if a person who performed the vote
935+ harvesting services for a candidate or campaign solicits, receives,
936+ or is offered compensation from the candidate or campaign, directly
937+ or through a third party, for services other than the vote
938+ harvesting services provided.
426939 (g) An offense under this section is a felony of the third
427940 degree.
428941 (h) If conduct that constitutes an offense under this
429942 section also constitutes an offense under any other law, the actor
430943 may be prosecuted under this section, the other law, or both.
431- Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
432- APPLICATION TO VOTE BY MAIL. (a) A public official commits an
433- offense if the official, while acting in an official capacity,
434- knowingly:
435- (1) solicits the submission of an application to vote
436- by mail from a person who did not request an application;
437- (2) distributes an application to vote by mail to a
438- person who did not request the application unless the distribution
439- is expressly authorized by another provision of this code;
440- (3) authorizes or approves the expenditure of public
441- funds to facilitate third-party distribution of an application to
442- vote by mail to a person who did not request the application; or
443- (4) completes any portion of an application to vote by
444- mail and distributes the application to an applicant.
445- (b) An offense under this section is a state jail felony.
446- (c) It is an exception to the application of Subsection
447- (a)(2) that the public official engaged in the conduct described by
448- Subsection (a)(2) by providing access to an application to vote by
449- mail from a publicly accessible Internet website.
450- (d) It is an exception to the application of Subsection
451- (a)(4) that the public official engaged in the conduct described by
452- Subsection (a)(4) while lawfully assisting the applicant under
453- Section 84.003.
454- Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
455- AND BALLOTING MATERIALS. (a) The early voting clerk or other
456- election official commits an offense if the clerk or official
457- knowingly mails or otherwise provides an early voting ballot by
458- mail or other early voting by mail ballot materials to a person who
459- did not submit an application for a ballot to be voted by mail under
460- Section 84.001.
461- (b) An offense under this section is a state jail felony.
462- Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
463- PROCEDURES. (a) A person commits an offense if the person makes a
464- false statement or swears to the truth of a false statement
465- previously made while making the oath described by Section 64.034.
466- (b) An offense under this section is a state jail felony.
467- Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
468- public official may not alter, waive, or suspend an election
469- standard, practice, or procedure mandated by law or rule unless the
470- alteration, waiver, or suspension is expressly authorized by this
471- code.
472- ARTICLE 6. ENFORCEMENT
473- SECTION 6.01. Subchapter C, Chapter 22, Government Code, is
474- amended by adding Section 22.2235 to read as follows:
475- Sec. 22.2235. COURT SITTING IN PANELS FOR CERTAIN ELECTION
476- PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
477- official" has the meaning assigned by Section 1.005(15-a), Election
478- Code.
479- (b) Notwithstanding any other law or rule, a court
480- proceeding entitled to priority under Section 22.304 and filed in a
481- court of appeals shall be docketed by the clerk of the court and
482- assigned to a panel of three justices determined using an automated
483- assignment system.
484- (c) A person, including a public official, commits an
485- offense if the person communicates with a court clerk with the
486- intention of influencing or attempting to influence the composition
487- of a three-justice panel assigned a specific proceeding under this
944+ Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING.
945+ (a) A person who is shown by a preponderance of the evidence to have
946+ violated Section 276.014 is liable to any candidate harmed by the
947+ vote harvesting services for damages and penalties that may be
948+ awarded under Subsection (c).
949+ (b) A person is harmed by the vote harvesting services if
950+ the person can demonstrate that:
951+ (1) the person was a candidate for office;
952+ (2) the liable party committed an offense under
953+ Section 276.014; and
954+ (3) another candidate seeking the same office as the
955+ person received a vote attributable to the offense, regardless of
956+ whether the other candidate knowingly participated in the vote
957+ harvesting services.
958+ (c) A litigant who prevails in an action under Subsection
959+ (b) shall recover from any person who committed the unlawful vote
960+ harvesting services damages in an amount including:
961+ (1) the amount of any compensation paid to or received
962+ by the person in exchange for the vote harvesting services;
963+ (2) the fair market value of any benefit given or
964+ received in exchange for the vote harvesting services;
965+ (3) a penalty in the amount of $25,000; and
966+ (4) reasonable attorney's fees, court costs, witness
967+ fees, and deposition fees.
968+ (d) A litigant who prevails in an action under Subsection
969+ (b) and shows that the number of voters contacted by the vote
970+ harvesting services exceeds the number of votes by which the
971+ litigant lost the election shall recover from the person liable for
972+ the unlawful vote harvesting services punitive damages in an amount
973+ including:
974+ (1) any of the litigant's campaign expenditures
975+ properly filed on a campaign finance report in connection with the
976+ election; and
977+ (2) any fees and expenses incurred by the litigant in
978+ filing and securing a place on the ballot.
979+ (e) A person who commits an offense under Section 276.014
980+ and is found liable under this chapter or other law for any amount
981+ of damages arising from the vote harvesting services is jointly
982+ liable with any other defendant for the entire amount of damages
983+ arising from the vote harvesting services.
984+ (f) The cause of action created by this section is
985+ cumulative to any other remedy provided by common law or statute.
986+ (g) The expedited actions process created by Rule 169, Texas
987+ Rules of Civil Procedure, does not apply to an action under this
488988 section.
489- (d) An offense under this section is a state jail felony.
490- SECTION 6.02. Subchapter D, Chapter 22, Government Code, is
491- amended by adding Section 22.304 to read as follows:
492- Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
493- The supreme court or a court of appeals shall prioritize over any
494- other proceeding pending or filed in the court a proceeding for
495- injunctive relief under Chapter 273, Election Code, based on
496- alleged conduct constituting an offense under Chapter 276, Election
497- Code, pending or filed in the court on or after the 60th day before a
498- general or special election.
499- (b) The court with jurisdiction over a proceeding described
500- by Subsection (a), on request of any party to the proceeding, shall
501- grant the party the opportunity to present an oral argument and
502- begin hearing the argument as soon as practicable but not later than
503- 24 hours after the time the last brief for the proceeding is due to
504- be filed with the court.
505- (c) Oral argument for a proceeding described by Subsection
506- (a) may be given in person or through electronic means.
507- SECTION 6.03. Section 23.101, Government Code, is amended
508- by amending Subsection (a) and adding Subsections (b-1) and (b-2)
509- to read as follows:
510- (a) Except as provided by Subsection (b-1), the [The] trial
511- courts of this state shall regularly and frequently set hearings
512- and trials of pending matters, giving preference to hearings and
513- trials of the following:
514- (1) temporary injunctions;
515- (2) criminal actions, with the following actions given
516- preference over other criminal actions:
517- (A) criminal actions against defendants who are
518- detained in jail pending trial;
519- (B) criminal actions involving a charge that a
520- person committed an act of family violence, as defined by Section
521- 71.004, Family Code;
522- (C) an offense under:
523- (i) Section 21.02 or 21.11, Penal Code;
524- (ii) Chapter 22, Penal Code, if the victim
525- of the alleged offense is younger than 17 years of age;
526- (iii) Section 25.02, Penal Code, if the
527- victim of the alleged offense is younger than 17 years of age;
528- (iv) Section 25.06, Penal Code;
529- (v) Section 43.25, Penal Code; or
530- (vi) Section 20A.02(a)(7), 20A.02(a)(8),
531- or 20A.03, Penal Code;
532- (D) an offense described by Article 62.001(6)(C)
533- or (D), Code of Criminal Procedure; and
534- (E) criminal actions against persons who are
535- detained as provided by Section 51.12, Family Code, after transfer
536- for prosecution in criminal court under Section 54.02, Family Code;
537- (3) election contests and suits under the Election
538- Code;
539- (4) orders for the protection of the family under
540- Subtitle B, Title 4, Family Code;
541- (5) appeals of final rulings and decisions of the
542- division of workers' compensation of the Texas Department of
543- Insurance regarding workers' compensation claims and claims under
544- the Federal Employers' Liability Act and the Jones Act;
545- (6) appeals of final orders of the commissioner of the
546- General Land Office under Section 51.3021, Natural Resources Code;
547- (7) actions in which the claimant has been diagnosed
548- with malignant mesothelioma, other malignant asbestos-related
549- cancer, malignant silica-related cancer, or acute silicosis; and
550- (8) appeals brought under Section 42.01 or 42.015, Tax
551- Code, of orders of appraisal review boards of appraisal districts
552- established for counties with a population of less than 175,000.
553- (b-1) The trial courts of this state shall prioritize over
554- any other proceeding pending or filed in the court a proceeding for
555- injunctive relief under Chapter 273, Election Code, based on
556- alleged conduct constituting an offense under Chapter 276, Election
557- Code, pending or filed in the court on or after the 60th day before a
558- general or special election.
559- (b-2) The court on written request of any party to a case set
560- under Section 23.301 shall hold a hearing on a proceeding described
561- by Subsection (b-1). A hearing under this subsection shall begin as
562- soon as practicable but not later than 24 hours after the court
563- receives the hearing request. The hearing may be held in person or
564- through electronic means.
565- SECTION 6.04. Chapter 23, Government Code, is amended by
566- adding Subchapter D to read as follows:
567- SUBCHAPTER D. GENERAL PROVISIONS
568- Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
569- CRIMINAL OFFENSE. (a) In this section, "public official" has the
570- meaning assigned by Section 1.005(15-a), Election Code.
571- (b) Notwithstanding any other law or rule, the clerk of a
572- district court in which a proceeding entitled to priority under
573- Section 23.101(b-1) is filed shall docket the proceeding and, if
574- more than one district court in the county has jurisdiction over the
575- proceeding, randomly assign the proceeding to a district court
576- using an automated assignment system.
577- (c) Notwithstanding any other law or rule, the clerk of a
578- county court or statutory county court in which a proceeding
579- entitled to priority under Section 23.101(b-1) is filed shall
580- docket the proceeding and, if more than one court in the county has
581- jurisdiction over the proceeding, randomly assign the proceeding to
582- a court using an automated assignment system.
583- (d) A person, including a public official, commits an
584- offense if the person communicates with a county or district clerk
585- with the intention of influencing or attempting to influence the
586- court or judge assigned to a proceeding under this section.
587- (e) An offense under this section is a state jail felony.
588- ARTICLE 7. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
589- SECTION 7.01. The following provisions of the Election Code
989+ (h) Chapter 27, Civil Practice and Remedies Code, does not
990+ apply to a cause of action under this section.
991+ (i) A cause of action under this section may be brought in
992+ the county where any part of the vote harvesting services occurred.
993+ SECTION 4.09. (a) The changes in law made by this article
994+ apply only to an election contest for which the associated election
995+ occurred after the effective date of this Act.
996+ (b) The changes in law made by this article apply only to an
997+ election ordered on or after the effective date of this Act. An
998+ election ordered before the effective date of this Act is governed
999+ by the law in effect when the election was ordered, and the former
1000+ law is continued in effect for that purpose.
1001+ ARTICLE 5. REPEALER AND EFFECTIVE DATE
1002+ SECTION 5.01. The following provisions of the Election Code
5901003 are repealed:
591- (1) Section 86.0052(b); and
592- (2) Section 86.0105(b).
593- SECTION 7.02. If any provision of this Act or its
594- application to any person or circumstance is held invalid, the
595- invalidity does not affect other provisions or applications of this
596- Act that can be given effect without the invalid provision or
597- application, and to this end the provisions of this Act are declared
598- to be severable.
599- SECTION 7.03. The changes in law made by this Act apply only
600- to an offense committed on or after the effective date of this Act.
601- An offense committed before the effective date of this Act is
602- governed by the law in effect when the offense was committed, and
603- the former law is continued in effect for that purpose. For
604- purposes of this section, an offense was committed before the
605- effective date of this Act if any element of the offense occurred
606- before that date.
607- SECTION 7.04. This Act takes effect September 1, 2021.
1004+ (1) Section 85.062(e); and
1005+ (2) Section 127.201(f).
1006+ SECTION 5.02. The secretary of state is required to
1007+ implement Section 86.015, Election Code, as added by this Act, only
1008+ if the legislature appropriates money specifically for that
1009+ purpose. If the legislature does not appropriate money
1010+ specifically for that purpose, the secretary of state may, but is
1011+ not required to, implement Section 86.015, Election Code, using
1012+ other appropriations available for that purpose.
1013+ SECTION 5.03. Subject to Section 5.02 of this Act, this Act
1014+ takes effect September 1, 2021.