87R30365 ADM/TSS-D
By: Hughes S.R. No. 547
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 87th
Legislature, Regular Session 2021, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 7 (election integrity and security, including by preventing
fraud in the conduct of elections in this state; increasing
criminal penalties; creating criminal offenses; providing civil
penalties) to consider and take action on the following matter:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 2.04 of the bill,
by adding amended Section 31.006, Election Code, to read as
follows:
Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
(a) If, after receiving or discovering information indicating that
[a complaint alleging] criminal conduct in connection with an
election has occurred, the secretary of state determines that there
is reasonable cause to suspect that [the alleged] criminal conduct
occurred, the secretary shall promptly refer the information
[complaint] to the attorney general. The secretary shall deliver to
the attorney general all pertinent documents and information in the
secretary's possession.
(b) The documents and information submitted under
Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination that
the information [complaint] received does not warrant an
investigation; or
(2) if referred to the attorney general, the attorney
general has completed the investigation or has made a determination
that the information [complaint] referred does not warrant an
investigation.
Explanation: The change is necessary to require the
secretary of state to take certain actions upon the receipt or
discovery of information indicating that criminal conduct in
connection with an election has occurred.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 2.05 of the bill,
by adding Section 31.019, Election Code, to read as follows:
Sec. 31.019. ENFORCEMENT OF VOTER ROLL MAINTENANCE
PROVISIONS. (a) In order to ensure compliance with voter roll
maintenance provisions, the secretary of state shall monitor each
county's list of registered voters to ensure that no county has a
number of registered voters in the county equal to or greater than
the number of people eligible to register to vote in the county.
(b) If the secretary of state determines that a county has a
number of registered voters equal to or greater than the number of
people eligible to register to vote in the county, the secretary of
state shall notify the appropriate registrar in writing.
(c) Not later than 30 days after receiving notice under
Subsection (b), a registrar must:
(1) refute, in writing, that the number of registered
voters is equal to or greater than the number of people eligible to
register to vote in the county and the failure to comply alleged by
the notice; or
(2) develop a remediation plan to address failures to
comply with voter roll maintenance provisions and send a copy of the
plan to the secretary of state.
(d) If a voter registrar fails to respond to a notice under
Subsection (c), refutes an allegation under Subsection (c)(1), or
fails to comply with a provision of the remediation plan developed
by the registrar under Subsection (c)(2), the secretary of state
shall:
(1) require the registrar to attend a training course
developed under Subsection (h);
(2) publish notice that the county is undergoing an
audit under this subsection on the secretary of state's Internet
website;
(3) audit the voter registration list for the county
in which the registrar serves; and
(4) identify voter roll maintenance provisions with
which the registrar is failing to comply and provide a list to the
registrar.
(e) If the secretary of state determines that a voter
registrar has not performed any overt actions in pursuance of
compliance with the provisions identified under Subsection (d)(4)
within 14 days of receiving the list under Subsection (d)(4), the
secretary of state shall:
(1) withhold distribution of state funds for financing
voter registration to the county until the registrar takes action
in pursuance of compliance; and
(2) inform the attorney general that the county which
the registrar serves may be subject to a civil penalty under
Subsection (f).
(f) A county is liable to this state for a civil penalty of
$1,000 for each day after the 14th day following the receipt of a
list under Subsection (d)(4) that the county's voter registrar
fails to take overt action to comply with provisions identified
under that subsection. The attorney general may bring an action to
recover a civil penalty imposed under this section.
(g) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
(h) The secretary of state shall develop and implement a
three-hour training course for county clerks and registrars on the
maintenance of voter rolls required and permitted by law.
(i) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
Explanation: The change is necessary to require the secretary
of state to take certain actions in order to ensure compliance with
voter roll maintenance provisions.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 3.05 of the bill,
by adding to amended Section 64.007(c), Election Code, the
following:
The secretary of state shall create and promulgate a form to
be used for this purpose.
Explanation: The change is necessary to require the secretary
of state to create and promulgate a form to be used by an election
officer in maintaining a register of spoiled ballots at the polling
place.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 3.07 of the bill,
by adding Section 66.004, Election Code, to read as follows:
SECTION 3.07. Subchapter A, Chapter 66, Election Code, is
amended by adding Section 66.004 to read as follows:
Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
shall adopt rules and create a checklist or similar guidelines to
assist the presiding judge of a polling place in processing forms
and conducting procedures required by this code at the closing of
the polling place.
Explanation: The change is necessary to require the secretary
of state to adopt rules and create a checklist or similar guidelines
to assist in the closing of a polling place.
(5) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
3.10 of the bill, in amended Section 85.006(e), Election Code, to
read as follows:
(e) In a primary election or the general election for state
and county officers in a county with a population of 30,000
[100,000] or more, the early voting clerk shall order voting by
personal appearance [voting] at the main early voting polling place
to be conducted on the last Saturday of the early voting period for
at least 12 hours, except that voting may not be conducted earlier
than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
last Sunday of the early voting period for at least six [five]
hours, except that voting may not be conducted earlier than 1 p.m.
or later than 9 p.m [on the last Sunday of the early voting period].
The early voting clerk shall order voting to be conducted at those
times in those elections in a county with a population under 30,000
[100,000] on receipt of a written request for those hours submitted
by at least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.007. This
subsection supersedes any provision of this subchapter to the
extent of any conflict.
Explanation: The change is necessary to regulate the hours
for voting on a Saturday or Sunday in counties with population of
30,000 or more and certain counties with a population under 30,000.
(6) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
4.06 of the bill, in added Section 33.063, Election Code, to read as
follows:
SECTION 4.06. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.063 to read as follows:
Sec. 33.063. RELIEF. (a) A watcher, or the appointing
authority for a watcher, who believes that the watcher was
unlawfully prevented or obstructed from the performance of the
watcher's duties may seek:
(1) injunctive relief under Section 273.081,
including issuance of temporary orders;
(2) a writ of mandamus under Section 161.009 or
273.061; and
(3) any other remedy available under law.
(b) The relief provided by this section is available to a
state inspector appointed under Chapter 34 or any other election
inspector authorized by law.
Explanation: The change is necessary to provide relief for a
watcher, the appointing authority for a watcher, or any election
inspector authorized by law, who believes that they were unlawfully
prevented or obstructed from the performance of their duties.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 4.16 of the bill,
by adding Section 127.131(f), Election Code, to read as follows:
SECTION 4.16. Section 127.131, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters at the close of tabulation for election day and again after
the central counting station meets for the last time to process
late-arriving ballots by mail and provisional ballots. The
secretary of state shall create and promulgate rules and a form to
facilitate compliance with this subsection. The form shall be
posted on a website maintained by the county along with election
returns and results.
Explanation: The change is necessary to regulate the duties
of the presiding judge of the central counting station and the
secretary of state regarding the preparing of election returns.
(8) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.01 of the bill,
by adding amended Section 82.002, Election Code, to read as
follows:
ARTICLE 5. VOTING BY MAIL
SECTION 5.01. Section 82.002, Election Code, is amended to
read as follows:
Sec. 82.002. DISABILITY. (a) A qualified voter is eligible
for early voting by mail if the voter is not capable of [has a
sickness or physical condition that prevents the voter from]
appearing at the polling place on election day without [a
likelihood of] needing personal assistance or [of] injuring the
voter's health due to the voter's:
(1) illness;
(2) injury;
(3) medical confinement ordered by a health care
professional; or
(4) mental or physical disability.
(b) The following do not constitute [Expected or likely
confinement for childbirth on election day is] sufficient cause to
entitle a voter to vote under Subsection (a):
(1) a lack of transportation;
(2) an illness, injury, or disability that does not
prevent the voter from appearing at the polling place on election
day without a likelihood of needing personal assistance or of
injuring the voter's health; or
(3) a requirement to appear at the voter's place of
employment on election day.
(c) An application for a ballot to be voted by mail on the
ground of disability must require the applicant to specifically
select the grounds on which the voter is eligible under Subsection
(a).
Explanation: The change is necessary to regulate qualified
voters eligible for early voting by mail on the grounds of
disability.
(9) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.02 of the bill,
by adding amended Section 84.001(b), Election Code, to read as
follows:
(b) An application must be submitted in writing and signed
by the applicant using ink on paper. An electronic signature or
photocopied signature is not permitted.
Explanation: The change is necessary to regulate the manner
in which an application for an early voting ballot to be voted by
mail may be submitted and signed.
(10) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.03 of the bill,
by adding amended Section 84.002(a), Election Code, and Section
84.002(c) to read as follows:
SECTION 5.03. Section 84.002, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license or personal identification card issued by the Department of
Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability:
(A) [,] the address of the hospital, nursing home
or other long-term care facility, or retirement center, or of a
person related to the applicant within the second degree by
affinity or the third degree by consanguinity, as determined under
Chapter 573, Government Code, if the applicant is living at that
address and that address is different from the address at which the
applicant is registered to vote; and
(B) if applicable, the selected specific grounds
on which the voter is eligible for a ballot to be voted by mail on
the ground of disability, as required by Section 82.002(c);
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
(c) A person may use the number of a driver's license or
personal identification card that has expired for the purpose of
fulfilling the requirement under Subsection (a)(1-a) if the license
or identification is otherwise valid.
Explanation: The change is necessary to regulate the content
of an application for an early voting ballot.
(11) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
5.04 of the bill, in amended Section 84.011(a), Election Code, by
amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a),
to read as follows:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); and
Explanation: The change is necessary to regulate the
contents of the officially prescribed application form for an early
voting ballot.
(12) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.06 of the bill,
by adding Section 86.001(f), Election Code, to read as follows:
(f) If the information required under Section
84.002(a)(1-a) included on the application does not match the
information on the applicant's application for voter registration
under Section 13.002(c)(8), the clerk shall reject the application.
Explanation: The change is necessary to require an early
voting clerk to reject an application for a ballot to be voted by
mail if certain information included in the application does not
match the information on the applicant's application for voter
registration.
(13) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.07 of the bill,
by adding Sections 86.002(g), (h), and (i), Election Code, to read
as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) the number of the voter's driver's license or
personal identification card issued by the Department of Public
Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license or
personal identification card that has expired for purposes of
Subsection (g) if the license or identification is otherwise valid.
(i) No record associating an individual voter with a ballot
may be created.
Explanation: The change is necessary to regulate the
contents of the carrier envelope for a ballot to be voted by mail.
(14) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.15 of the bill,
by adding Sections 87.128, Election Code, to read as follows:
Sec. 87.128. NOTES. Each member of an early voting ballot
board and each member of a signature verification committee is
entitled to take and keep any notes reasonably necessary to perform
the member's duties under this chapter.
Explanation: The change is necessary to provide that members
of early voting ballot boards and of signature verification
committees may take and keep certain notes.
(15) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.04 of the bill,
by amending Sections 232.008(b), (c), and (d), Election Code, to
read as follows:
(b) Except as provided by Subsection (c), a contestant must
file the petition not later than the later of the 45th [30th] day
after the date the election records are publicly available under
Section 1.012 or the official result of the contested election is
determined.
(c) A contestant must file the petition not later than the
later of the 15th [10th] day after the date the election records are
publicly available under Section 1.012 or the official result is
determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
(d) A contestant must deliver, electronically or otherwise,
a copy of the petition to the secretary of state by the same
deadline prescribed for the filing of the petition.
Explanation: The change is necessary to regulate the filing
and delivery of a petition in an election contest.
(16) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.04 of the bill,
by adding Section 232.063, Election Code, to read as follows:
Sec. 232.063. OVERTURNING ELECTION. If the number of votes
illegally cast in the election is equal to or greater than the
number of votes necessary to change the outcome of an election, the
court may declare the election void without attempting to determine
how individual voters voted.
Explanation: The change is necessary to provide certain
circumstances in which a court may declare an election void.
(17) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.06 of the bill,
by amending Section 273.061, Election Code, to read as follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a
court of appeals may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the
holding of an election or a political party convention, regardless
of whether the person responsible for performing the duty is a
public officer.
(b) The court of criminal appeals may issue a writ of
mandamus to compel the performance of any duty imposed by law in
connection with the provision, sequestration, transfer, or
impoundment of evidence in or records relating to a criminal
investigation conducted under this code or conducted in connection
with the conduct of an election or political party convention. If a
writ of mandamus is issued under this subsection, it shall include
an order requiring the provision, sequestration, transfer, or
impoundment of the evidence or record.
Explanation: The change is necessary to permit the court of
criminal appeals to issue writs of mandamus to compel the
performance of certain duties relating to elections.
(18) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.09 of the bill,
by adding Sections 23.301(c), (d), and (e), Government Code, to
read as follows:
(c) Notwithstanding any other law or rule, a proceeding
entitled to priority under Section 23.101(b-1) relating to a
temporary injunction shall have a court assigned under Subsection
(b) not later than 24 hours after the proceeding is filed and, if a
temporary injunction is granted, the injunction may not remain in
effect for longer than four days.
(d) A person, including a public official, commits an
offense if the person communicates with a county or district clerk
with the intention of influencing or attempting to influence the
court or judge assigned to a proceeding under this section.
(e) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if it is shown on the
trial of the offense that the person committed the offense while
acting in the person's official capacity as an election official.
Explanation: The change is necessary to regulate the
assignment of certain election proceedings and describe the conduct
constituting an offense under Section 23.301, Government Code, as
well as the punishment for that offense.
(19) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.09 of the bill,
by adding Section 23.302, Government Code, to read as follows:
Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
(a) Not later than 24 hours after the proceeding is filed, a judge
to whom a case is assigned under Section 23.301(b) who wishes to be
recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary
relief sought;
(2) grant or deny any emergency temporary relief
sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction sought
not later than five days after the date on which the proceeding was
filed; and
(B) discovery and deposition deadlines before
the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall
assign a new judge to a proceeding assigned under Section 23.301(b)
not later than 12 hours after the original judge assigned to the
proceeding is recused under Subsection (a).
(c) A final order in a proceeding filed under Section
273.081, Election Code, shall be submitted in writing to the
parties not later than 24 hours after the judge makes a final
determination in the proceeding.
(d) If a district judge does not comply with this section, a
person may seek from the supreme court, the court of criminal
appeals, or a court of appeals a writ of mandamus as provided by
Section 273.061, Election Code, to compel compliance with this
section.
(e) Notwithstanding Section 23.101(b-1), a proceeding
relating to a permanent injunction being sought in connection to a
challenge under Section 141.034, Election Code, may be heard after
the primary election has been canvassed.
Explanation: The change is necessary to provide for deadlines
in certain election proceedings.
(20) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 9.02 of the bill,
by adding amended Article 42.01, Code of Criminal Procedure, to
read as follows:
Sec. 4. The Court of Criminal Appeals [Office of Court
Administration of the Texas Judicial System] shall promulgate a
standardized felony judgment form that conforms to the requirements
of Section 1 of this article. A court entering a felony judgment
[judgement] shall use the form promulgated under this section.
Sec. 16. In addition to the information described by
Section 1, the judgment should reflect the affirmative finding and
instruction entered pursuant to Article 42.0194.
Explanation: The change is necessary to require the Court of
Criminal Appeals to promulgate a standardized felony judgment
form including certain information entered pursuant to Article
42.0194, Code of Criminal Procedure.
(21) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 11.03(d) of the
bill, in the transition language, to read as follows:
(d) The changes in law made by this Act apply only to an
application to vote an early voting ballot by mail submitted on or
after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
Explanation: The change is necessary to ensure that any
change in law made by the Act applies only to an application to vote
an early voting ballot by mail submitted on or after the effective
date of the Act.
(22) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 11.04 of the bill,
in the transition language, to read as follows:
SECTION 11.04. Not later than January 1, 2022, the
secretary of state shall develop the training course required by
Section 31.019, Election Code, as added by this Act.
Explanation: The change is necessary to require the secretary
of state to develop the training course required by added Section
31.019, Election Code, before January 1, 2022.
(23) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
11.06 of the bill, providing for an effective, to read as follows:
SECTION 11.06. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.
Explanation: The change is necessary to allow the provisions
of the Act to take effect immediately if the measure receives a vote
of two-thirds of all the members elected to each house.