Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB1 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, et al. S.B. No. 1
	1	+	By: Hughes, Springer S.B. No. 1
	2	+	(In the Senate - Filed July 8, 2021; July 8, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	July 12, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; July 12, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1 By: Hughes
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to election integrity and security, including by
7	14		preventing fraud in the conduct of elections in this state;
8	15		increasing criminal penalties; creating criminal offenses;
9	16		providing civil penalties.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		ARTICLE 1. REGISTRATION OF VOTERS
12	19		SECTION 1.01. Section 13.002, Election Code, is amended by
13	20		adding Subsection (c-1) to read as follows:
14	21		(c-1) The information required under Subsections (c)(3),
15	22		(4), (5), (6), and (8) must be supplied by the person desiring to
16	23		register to vote.
17	24		SECTION 1.02. Section 15.021, Election Code, is amended by
18	25		amending Subsections (b) and (d) and adding Subsections (d-1) and
19	26		(d-2) to read as follows:
20	27		(b) Except as provided by Subsection (d), the [The] voter
21	28		shall use the registration certificate or a registration
22	29		application form as the notice, indicating the correct information
23	30		in the appropriate space on the certificate or application form
24	31		unless the voter does not have possession of the certificate or an
25	32		application form at the time of giving the notice.
26	33		(d) A voter [who continues to reside in the county in which
27	34		the voter is registered] may correct information under this section
28	35		by digital transmission of the information under a program
29	36		administered by the secretary of state and the Department of
30	37		Information Resources.
31	38		(d-1) If the notice indicates that a voter no longer resides
32	39		in the county in which the voter is registered, the registrar shall
33	40		forward the notice and the voter's original application for
34	41		registration to the registrar of the county in which the voter
35	42		resides. The registrars shall coordinate to ensure that the
36	43		voter's existing registration is canceled immediately after the
37	44		voter is registered in the county in which the voter resides in
38	45		accordance with Subsection (d-2).
39	46		(d-2) A registrar who receives a voter's notice and
40	47		application from another registrar under Subsection (d-1) shall
41	48		treat it as an original application for registration under Section
42	49		13.002, and shall register the voter if the voter resides in the
43	50		county and is otherwise eligible under Section 13.001.
44	51		SECTION 1.03. Section 15.028, Election Code, is amended to
45	52		read as follows:
46	53		Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
47	54		PROSECUTOR]. [(a)] If the registrar determines that a person who
48	55		is not eligible to vote registered to vote or [a registered voter]
49	56		voted in an election, the registrar shall execute and deliver to the
50	57		attorney general, the secretary of state, and the county or
51	58		district attorney having jurisdiction in the territory covered by
52	59		the election an affidavit stating the relevant facts.
53	60		[(b) If the election covers territory in more than one
54	61		county, the registrar shall also deliver an affidavit to the
55	62		attorney general.]
56	63		SECTION 1.04. Section 16.0332, Election Code, is amended by
57	64		amending Subsection (a) and adding Subsections (a-1), (d), and (e)
58	65		to read as follows:
59	66		(a) After the registrar receives notification [a list]
60	67		under Subsection (a-1) of this section, Section 18.068 of this
61	68		code, or Section 62.113, Government Code, of persons excused or
62	69		disqualified from jury service because of citizenship status or
63	70		notification of persons who indicate a lack of citizenship status
64	71		in connection with a motor vehicle or Department of Public Safety
65	72		record as provided by Subsection (a-1), the registrar shall deliver
66	73		to each registered voter whose name appears on the list a written
67	74		notice requiring the voter to submit to the registrar proof of
68	75		United States citizenship in the form of a certified copy of the
69	76		voter's birth certificate, United States passport, or certificate
70	77		of naturalization or any other form prescribed by the secretary of
71	78		state. The notice shall be delivered by forwardable mail to the
72	79		mailing address on the voter's registration application and to any
73	80		new address of the voter known to the registrar.
74	81		(a-1) The secretary of state shall enter into an agreement
75	82		with the Department of Public Safety under which information in the
76	83		existing statewide computerized voter registration list is
77	84		compared against information in the database of the Department of
78	85		Public Safety on a monthly basis to verify the accuracy of
79	86		citizenship status information previously provided on voter
80	87		registration applications. In comparing information under this
81	88		subsection, the secretary of state shall consider only a voter's
82	89		information in the database of the Department of Public Safety that
83	90		was derived from documents presented by the voter to the department
84	91		after the person's current voter registration became effective, and
85	92		may not consider information derived from documents presented by
86	93		the voter to the department before the person's current voter
87	94		registration became effective.
88	95		(d) The secretary of state shall prescribe rules for the
89	96		administration of this section.
90	97		(e) Not later than December 31 of each year, the secretary
91	98		of state shall provide a report to the legislature of the number of
92	99		voter registrations canceled under this section during the calendar
93	100		year.
94	101		SECTION 1.05. Section 18.068, Election Code, is amended by
95	102		amending Subsection (a) and adding Subsection (a-1) to read as
96	103		follows:
97	104		(a) The secretary of state shall quarterly compare the
98	105		information received under Section 16.001 of this code and Sections
99	106		[Section] 62.113 and 62.114, Government Code, to the statewide
100	107		computerized voter registration list. If the secretary determines
101	108		that a voter on the registration list is deceased or has been
102	109		excused or disqualified from jury service because the voter is not a
103	110		citizen or a resident of the county in which the voter is registered
104	111		to vote, the secretary shall send notice of the determination to:
105	112		(1) the voter registrar of the counties considered
106	113		appropriate by the secretary; and
107	114		(2) the attorney general, who shall quarterly review
108	115		the information to investigate whether a person has committed an
109	116		offense under Section 13.007 or other law.
110	117		(a-1) The secretary of state is not required to send notice
111	118		under Subsection (a) for a voter who is subject to an exemption from
112	119		jury service under Section 62.106, Government Code, if that
113	120		exemption is the only reason the voter is excused from jury service.
114	121		SECTION 1.06. Section 31.006, Election Code, is amended to
115	122		read as follows:
116	123		Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
117	124		(a) If, after receiving or discovering information indicating that
118	125		[a complaint alleging] criminal conduct in connection with an
119	126		election has occurred, the secretary of state determines that there
120	127		is reasonable cause to suspect that [the alleged] criminal conduct
121	128		occurred, the secretary shall promptly refer the information
122	129		[complaint] to the attorney general. The secretary shall deliver
123	130		to the attorney general all pertinent documents and information in
124	131		the secretary's possession.
125	132		(b) The documents and information submitted under
126	133		Subsection (a) are not considered public information until:
127	134		(1) the secretary of state makes a determination that
128	135		the information [complaint] received does not warrant an
129	136		investigation; or
130	137		(2) if referred to the attorney general, the attorney
131	138		general has completed the investigation or has made a determination
132	139		that the information [complaint] referred does not warrant an
133	140		investigation.
134	141		SECTION 1.07. Section 62.113(b), Government Code, is
135	142		amended to read as follows:
136	143		(b) On the third business day of each month, the clerk shall
137	144		send a copy of the list of persons excused or disqualified because
138	145		of citizenship in the previous month to:
139	146		(1) the voter registrar of the county;
140	147		(2) the secretary of state; and
141	148		(3) the attorney general and the county or district
142	149		attorney[, as applicable,] for an investigation of whether the
143	150		person committed an offense under Section 13.007, Election Code, or
144	151		other law.
145	152		SECTION 1.08. Sections 62.114(b) and (c), Government Code,
146	153		are amended to read as follows:
147	154		(b) On the third business day of each month, the clerk shall
148	155		send [to the voter registrar of the county] a copy of the list of
149	156		persons excused or disqualified in the previous month because the
150	157		persons do not reside in the county to:
151	158		(1) the voter registrar of the county;
152	159		(2) the secretary of state; and
153	160		(3) the attorney general and the county or district
154	161		attorney for an investigation of whether the person committed an
155	162		offense under Section 13.007, Election Code, or other law.
156	163		(c) A list compiled under this section may not be used for a
157	164		purpose other than a purpose described by Subsection (b) or Section
158	165		15.081 or 18.068, Election Code.
159	166		ARTICLE 2. CONDUCT AND SECURITY OF ELECTIONS
160		-	SECTION 2.01. Section 43.031, Election Code, is amended by
161		-	amending Subsection (b) and adding Subsections (b-1) and (b-2) to
162		-	read as follows:
	167	+	SECTION 2.01. Section 43.031(b), Election Code, is amended
	168	+	to read as follows:
163	169		(b) Each polling place shall be located inside a building.
164		-	Except as provided by Subsection (b-1), a polling place may not be
165		-	located in a tent or similar temporary moveable structure or in a
166		-	facility primarily designed for motor vehicles. No voter may cast a
167		-	vote from inside a motor vehicle unless the voter meets the
168		-	requirements of Section 64.009.
169		-	(b-1) A polling place may be located in a tent or similar
170		-	temporary moveable structure if:
171		-	(1) a building selected for a polling place is later
172		-	determined by the county commissioners court to be not reasonably
173		-	accessible due to fire, flood, or other natural disaster rendering
174		-	the building unsafe for public use;
175		-	(2) a suitable substitute building is not available;
176		-	and
177		-	(3) the tent or similar temporary moveable structure
178		-	is adjacent to the building described by Subdivision (1).
179		-	(b-2) If the county commissioners court makes a
180		-	determination described by Subsection (b-1)(1):
181		-	(1) the determination is valid only for the next
182		-	scheduled election; and
183		-	(2) the court shall send a record of that
184		-	determination to the secretary of state as soon as practicable.
	170	+	A polling place may not be located in a tent or similar temporary
	171	+	moveable structure or in a facility primarily designed for motor
	172	+	vehicles. No voter may cast a vote from inside a motor vehicle
	173	+	unless the voter meets the requirements of Section 64.009.
185	174		SECTION 2.02. Section 61.002, Election Code, is amended to
186	175		read as follows:
187	176		Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
188	177		(a) Immediately before opening the polls for voting on the first
189	178		day of early voting and on election day, the presiding election
190	179		judge or alternate election judge shall confirm that each voting
191	180		machine has any public counter reset to zero and shall print the
192	181		tape that shows the counter was set to zero for each candidate or
193	182		measure on the ballot.
194	183		(b) At the official time for opening the polls for voting,
195	184		an election officer shall open the polling place entrance and admit
196	185		the voters.
197	186		(c) Immediately after closing the polls for voting on
198	187		election day, the presiding election judge or alternate election
199	188		judge shall print the tape to show the number of votes cast for each
200	189		candidate or ballot measure for each voting machine.
201	190		(d) Each election judge or alternate election judge present
202	191		shall sign a tape printed under this section.
203	192		SECTION 2.03. Section 64.007(c), Election Code, is amended
204	193		to read as follows:
205	194		(c) An election officer shall maintain a register of spoiled
206	195		ballots at the polling place, including spoiled ballots from a
207	196		direct recording electronic voting unit. An election officer shall
208	197		enter on the register the name of each voter who returns a spoiled
209	198		ballot and the spoiled ballot's number. The secretary of state
210	199		shall create and promulgate a form to be used for this purpose.
211	200		SECTION 2.04. Subchapter A, Chapter 65, Election Code, is
212	201		amended by adding Section 65.017 to read as follows:
213	202		Sec. 65.017. VOTE TABULATING EQUIPMENT. Beginning January
214	203		1, 2024, equipment to tabulate votes may not be used if any wireless
215	204		connectivity capability of the equipment has not been disabled or
216	205		removed.
217	206		SECTION 2.05. Subchapter A, Chapter 66, Election Code, is
218	207		amended by adding Section 66.004 to read as follows:
219	208		Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
220	209		shall adopt rules and create a checklist or similar guidelines to
221	210		assist the presiding judge of a polling place in processing forms
222	211		and conducting procedures required by this code at the closing of
223	212		the polling place.
224	213		SECTION 2.06. Section 66.052, Election Code, is amended to
225	214		read as follows:
226	215		Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
227	216		(a) A delivery of election records or supplies that is to be
228	217		performed by the presiding judge may be performed by an election
229	218		clerk designated by the presiding judge.
230	219		(b) If the presiding judge of a polling place designates a
231	220		clerk to deliver election supplies, the presiding judge shall
232	221		attest to the designation, and the clerk shall attest to the clerk's
233	222		acceptance of the responsibility. The secretary of state shall
234	223		create and promulgate a form to facilitate compliance with this
235	224		section.
236	225		SECTION 2.07. Section 85.005, Election Code, is amended to
237	226		read as follows:
238	227		Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
239	228		as provided by Subsection (c), in an election in which a county
240	229		clerk [or city secretary] is the early voting clerk under Section
241	230		83.002 [or 83.005], early voting by personal appearance at the main
242	231		early voting polling place shall be conducted on each weekday of
243	232		[the weekdays of] the early voting period that is not a legal state
244	233		holiday and for a period of at least nine hours, except that voting
245	234		may not be conducted earlier than 6 a.m. or later than 9 p.m.
246	235		[during the hours that the county clerk's or city secretary's main
247	236		business office is regularly open for business.]
248	237		(b) In an election to which Subsection (a) does not apply,
249	238		early voting by personal appearance at the main early voting
250	239		polling place shall be conducted at least nine [eight] hours each
251	240		weekday of the early voting period that is not a legal state holiday
252	241		unless the territory covered by the election has fewer than 1,000
253	242		registered voters. In that case, the voting shall be conducted at
254	243		least four [three] hours each day. The authority ordering the
255	244		election, or the county clerk if that person is the early voting
256	245		clerk, shall determine which hours the voting is to be conducted.
257	246		(c) In a county with a population of 30,000 [100,000] or
258	247		more, the voting in a primary election or the general election for
259	248		state and county officers shall be conducted at the main early
260	249		voting polling place for at least 12 hours on each weekday of the
261	250		last week of the early voting period, and the voting in a special
262	251		election ordered by the governor shall be conducted at the main
263	252		early voting polling place for at least 12 hours on each of the last
264	253		two days of the early voting period. Voting under this subsection
265	254		may not be conducted earlier than 6 a.m. or later than 9 p.m. Voting
266	255		shall be conducted in accordance with this subsection in those
267	256		elections in a county with a population under 30,000 [100,000] on
268	257		receipt by the early voting clerk of a written request for the
269	258		extended hours submitted by at least 15 registered voters of the
270	259		county. The request must be submitted in time to enable compliance
271	260		with Section 85.067.
272	261		(d) A voter who has not voted before the scheduled time for
273	262		closing a polling place is entitled to vote after that time if the
274	263		voter is in line at the polling place by closing time. The
275	264		secretary of state shall promulgate any materials and provide any
276	265		training to presiding judges necessary to properly process voters
277	266		under this subsection [In an election ordered by a city, early
278	267		voting by personal appearance at the main early voting polling
279	268		place shall be conducted for at least 12 hours:
280	269		[(1) on one weekday, if the early voting period
281	270		consists of less than six weekdays; or
282	271		[(2) on two weekdays, if the early voting period
283	272		consists of six or more weekdays].
284	273		SECTION 2.08. Sections 85.006(b) and (e), Election Code,
285	274		are amended to read as follows:
286	275		(b) In an election in which a county clerk [or city
287	276		secretary] is the early voting clerk under Section 83.002 [or
288	277		83.005], only the early voting clerk may order voting on a Saturday
289	278		or Sunday. The clerk must do so by written order.
290	279		(e) In a primary election or the general election for state
291	280		and county officers in a county with a population of 30,000
292	281		[100,000] or more, the early voting clerk shall order voting by
293	282		personal appearance [voting] at the main early voting polling place
294	283		to be conducted on the last Saturday of the early voting period for
295	284		at least 12 hours, except that voting may not be conducted earlier
296	285		than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
297	286		last Sunday of the early voting period for at least six [five]
298	287		hours, except that voting may not be conducted earlier than 6 a.m.
299	288		or later than 9 p.m [on the last Sunday of the early voting period].
300	289		The early voting clerk shall order voting to be conducted at those
301	290		times in those elections in a county with a population under 30,000
302	291		[100,000] on receipt of a written request for those hours submitted
303	292		by at least 15 registered voters of the county. The request must be
304	293		submitted in time to enable compliance with Section 85.007. This
305	294		subsection supersedes any provision of this subchapter to the
306	295		extent of any conflict.
307	296		SECTION 2.09. Section 85.010(a-1), Election Code, is
308	297		amended to read as follows:
309	298		(a-1) In this section, "eligible county polling place"
310	299		means an early voting polling place[, other than a polling place
311	300		established under Section 85.062(e),] established by a county.
312		-	SECTION 2.10. Section 85.061, Election Code, is amended by
313		-	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
314		-	read as follows:
	301	+	SECTION 2.10. Section 85.061(a), Election Code, is amended
	302	+	to read as follows:
315	303		(a) In a countywide election in which the county clerk is
316	304		the early voting clerk under Section 83.002, an early voting
317	305		polling place shall be located inside [at] each branch office that
318	306		is regularly maintained for conducting general clerical functions
319	307		of the county clerk, except as provided by Subsection (b). If a
320	308		suitable room is unavailable inside the branch office, the polling
321	309		place may be located in another room inside the same building as the
322		-	branch office. Except as provided by Subsection (a-1), the polling
323		-	place may not be located in a tent or similar temporary moveable
324		-	structure or a parking garage, parking lot, or similar facility
325		-	designed primarily for motor vehicles.
326		-	(a-1) An early voting polling place may be located in a tent
327		-	or similar temporary moveable structure if:
328		-	(1) a building selected for an early voting polling
329		-	place is later determined by the county commissioners court to be
330		-	not reasonably accessible due to fire, flood, or other natural
331		-	disaster rendering the building unsafe for public use;
332		-	(2) a suitable substitute building is not available;
333		-	and
334		-	(3) the tent or similar temporary moveable structure
335		-	is adjacent to the building described by Subdivision (1).
336		-	(a-2) If the county commissioners court makes a
337		-	determination described by Subsection (a-1)(1):
338		-	(1) the determination is valid only for the next
339		-	scheduled election; and
340		-	(2) the court shall send a record of that
341		-	determination to the secretary of state as soon as practicable.
	310	+	branch office. The polling place may not be located in a tent or
	311	+	similar temporary movable structure or a parking garage, parking
	312	+	lot, or similar facility designed primarily for motor vehicles.
342	313		SECTION 2.11. Section 85.062, Election Code, is amended by
343		-	amending Subsection (b) and adding ~~Subsections~~ (b-1)~~, (b-2), and~~
344		-	~~(f-1) to read as~~ follows:
	314	+	amending Subsection (b) and adding Subsection (f-1) to read as
	315	+	follows:
345	316		(b) A polling place established under this section may be
346	317		located, subject to Subsection (d), at any place in the territory
347	318		served by the early voting clerk and may be located inside [in] any
348	319		building [stationary structure] as directed by the authority
349		-	establishing the branch office. Except as provided by Subsection
350		-	(b-1), the [The] polling place may not be located in a tent or
351		-	similar temporary movable structure or a parking garage, parking
352		-	lot, or similar facility designed primarily for motor vehicles in
353		-	the general election for state and county officers, general primary
354		-	election, or runoff primary election. Ropes or other suitable
355		-	objects may be used at the polling place to ensure compliance with
356		-	Section 62.004. Persons who are not expressly permitted by law to
357		-	be in a polling place shall be excluded from the polling place to
358		-	the extent practicable.
359		-	(b-1) A temporary branch polling place may be located in a
360		-	tent or similar temporary moveable structure if:
361		-	(1) a building selected for a temporary branch polling
362		-	place is later determined by the county commissioners court to be
363		-	not reasonably accessible due to fire, flood, or other natural
364		-	disaster rendering the building unsafe for public use;
365		-	(2) a suitable substitute building is not available;
366		-	and
367		-	(3) the tent or similar temporary moveable structure
368		-	is adjacent to the building described by Subdivision (1).
369		-	(b-2) If the county commissioners court makes a
370		-	determination described by Subsection (b-1)(1):
371		-	(1) the determination is valid only for the next
372		-	scheduled election; and
373		-	(2) the court shall send a record of that
374		-	determination to the secretary of state as soon as practicable.
	320	+	establishing the branch office. The polling place may not be
	321	+	located in a tent or similar temporary movable structure or a
	322	+	parking garage, parking lot, or similar facility designed primarily
	323	+	for motor vehicles in the general election for state and county
	324	+	officers, general primary election, or runoff primary election.
	325	+	Ropes or other suitable objects may be used at the polling place to
	326	+	ensure compliance with Section 62.004. Persons who are not
	327	+	expressly permitted by law to be in a polling place shall be
	328	+	excluded from the polling place to the extent practicable.
375	329		(f-1) Notwithstanding any other provision of this section
376	330		concerning the location of temporary branch polling places, in an
377	331		election in which countywide polling places are used, the
378	332		commissioners court of a county shall employ the same methodology
379	333		it uses to determine the location of countywide polling places to
380	334		determine the location of temporary branch polling places.
381	335		SECTION 2.12. Section 124.002, Election Code, is amended by
382	336		adding Subsection (c) to read as follows:
383	337		(c) Voting system ballots may not be arranged in a manner
384	338		that allows a political party's candidates to be selected in one
385	339		motion or gesture.
386	340		SECTION 2.13. Section 127.1232, Election Code, is amended
387	341		to read as follows:
388	342		Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
389	343		custodian of election records shall post a licensed peace officer
390	344		[guard] to ensure the security of ballot boxes containing voted
391	345		ballots throughout the period of tabulation at the central counting
392	346		station.
393	347		(b) The general custodian of election records in a county
394	348		with a population of less than 100,000 may, and the general
395	349		custodian of election records in a county with a population of
396	350		100,000 or more shall, implement a video surveillance system that
397	351		retains a record of all areas containing voted ballots:
398	352		(1) from the time the voted ballots are delivered to
399	353		the central counting station until the canvass of precinct election
400	354		returns; and
401	355		(2) from the time the voted ballots are delivered to
402	356		the signature verification committee or early voting ballot board
403	357		until the canvass of precinct election returns.
404	358		(c) A video from a system implemented under Subsection (b)
405	359		may be made available to the public by a livestream in a county with
406	360		a population of less than 100,000, and shall be made available to
407	361		the public by a livestream in a county with a population of 100,000
408	362		or more.
409	363		(d) The video recorded is an election record under Section
410	364		1.012 and shall be retained by the general custodian of election
411	365		records until the end of the calendar year in which an election is
412	366		held or until an election contest filed in the county has been
413	367		resolved, whichever is later.
414	368		ARTICLE 3. ELECTION OFFICERS AND OBSERVERS
415		-	SECTION 3.01. Subchapter A, Chapter 33, Election Code, is
416		-	amended by adding Section 33.008 to read as follows:
417		-	Sec. 33.008. TRAINING MANUAL. (a) The secretary of state
418		-	shall publish and maintain a training manual for watchers and shall
419		-	make the manual available on the secretary of state's Internet
420		-	website.
421		-	(b) An appointing authority must provide each watcher
422		-	appointed by the authority with a copy of the training manual
423		-	maintained under this section.
424		-	SECTION 3.02. Section 33.051, Election Code, is amended by
	369	+	SECTION 3.01. Section 33.051, Election Code, is amended by
425	370		adding Subsections (g) and (h) to read as follows:
426	371		(g) An election officer commits an offense if the officer
427	372		intentionally or knowingly refuses to accept a watcher for service
428	373		when acceptance of the watcher is required by this section. An
429	374		offense under this subsection is a Class A misdemeanor.
430	375		(h) Before accepting a watcher, the officer presented with a
431	376		watcher's certificate of appointment shall require the watcher to
432	377		take the following oath, administered by the officer: "I swear (or
433	378		affirm) that I will not disrupt the voting process or harass voters
434	379		in the discharge of my duties."
435		-	SECTION 3.03. Section 33.056, Election Code, is amended by
	380	+	SECTION 3.02. Section 33.056, Election Code, is amended by
436	381		amending Subsection (a) and adding Subsections (e) and (f) to read
437	382		as follows:
438	383		(a) Except as provided by Section 33.057, a watcher is
439	384		entitled to observe any activity conducted at the location at which
440	385		the watcher is serving. A watcher is entitled to sit or stand
441	386		[conveniently] near enough to see and hear the election officers
442	387		conducting the observed activity, except as otherwise prohibited by
443	388		this chapter.
444	389		(e) Except as provided by Section 33.057(b), a watcher may
445	390		not be denied free movement where election activity is occurring
446	391		within the location at which the watcher is serving.
447	392		(f) In this code, a watcher who is entitled to "observe" an
448	393		election activity is entitled to sit or stand near enough to see and
449	394		hear the activity.
450		-	SECTION 3.04. Subchapter C, Chapter 33, Election Code, is
	395	+	SECTION 3.03. Subchapter C, Chapter 33, Election Code, is
451	396		amended by adding Section 33.0605 to read as follows:
452	397		Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
453	398		(a) A watcher appointed to serve at a polling place in an election
454	399		who is available at the time of the action may observe all election
455	400		activities relating to closing the polling place, including the
456	401		sealing and transfer of a memory card, flash drive, hard drive, data
457	402		storage device, or other medium now existing or later developed
458	403		used by the voting system equipment.
459	404		(b) Notwithstanding any other provision of this code, a
460	405		watcher duly accepted for service at a polling location is entitled
461	406		to follow the transfer of election materials from the polling place
462	407		at which the watcher was accepted to a regional tabulating center,
463	408		the central counting station, or any other location designated to
464	409		process election materials. The authority responsible for
465	410		administering a regional tabulating center or another location
466	411		where election materials are processed must accept duly appointed
467	412		watchers for service in the same manner a watcher is accepted for
468	413		service under Section 33.051 and must accept the same number of
469	414		watchers that may serve under Section 33.007(a).
470		-	SECTION 3.05. Section 33.061(a), Election Code, is amended
	415	+	SECTION 3.04. Section 33.061(a), Election Code, is amended
471	416		to read as follows:
472	417		(a) A person commits an offense if the person serves in an
473	418		official capacity at a location at which the presence of watchers is
474	419		authorized and knowingly prevents a watcher from observing an
475	420		activity or procedure the person knows the watcher is entitled to
476	421		observe, including by taking any action to obstruct the view of a
477	422		watcher or distance the watcher from the activity or procedure to be
478	423		observed in a manner that would make observation not reasonably
479	424		effective.
480		-	SECTION 3.06. Subchapter C, Chapter 33, Election Code, is
	425	+	SECTION 3.05. Subchapter C, Chapter 33, Election Code, is
481	426		amended by adding Section 33.063 to read as follows:
482	427		Sec. 33.063. RELIEF. (a) A watcher, or the appointing
483	428		authority for a watcher, who believes that the watcher was
484	429		unlawfully prevented or obstructed from the performance of the
485	430		watcher's duties may seek:
486	431		(1) injunctive relief under Section 273.081,
487	432		including issuance of temporary orders;
488	433		(2) a writ of mandamus under Section 161.009 or
489	434		273.061; and
490	435		(3) any other remedy available under law.
491	436		(b) The relief provided by this section is available to a
492	437		state inspector appointed under Chapter 34 or any other election
493	438		inspector authorized by law.
494		-	SECTION 3.07. Section 86.006, Election Code, is amended by
	439	+	SECTION 3.06. Section 86.006, Election Code, is amended by
495	440		amending Subsection (a) and adding Subsection (a-2) to read as
496	441		follows:
497	442		(a) A marked ballot voted under this chapter must be
498	443		returned to the early voting clerk in the official carrier
499	444		envelope. The carrier envelope may be delivered in another
500	445		envelope and must be transported and delivered only by:
501	446		(1) mail;
502	447		(2) common or contract carrier; or
503	448		(3) subject to Subsections [Subsection] (a-1) and
504	449		(a-2), in-person delivery by the voter who voted the ballot.
505	450		(a-2) An in-person delivery of a marked ballot voted under
506	451		this chapter must be received by an election official at the time of
507	452		delivery. The receiving official shall record the voter's name,
508	453		signature, and type of identification provided under Section
509	454		63.0101 on a roster prescribed by the secretary of state. The
510	455		receiving official shall attest on the roster that the delivery
511	456		complies with this section.
512		-	SECTION 3.08. Chapter 121, Election Code, is amended by
	457	+	SECTION 3.07. Chapter 121, Election Code, is amended by
513	458		adding Section 121.004 to read as follows:
514	459		Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
515	460		PUBLIC INFORMATION. Except as provided by Sections 552.110 and
516	461		552.1101, Government Code, a written letter, e-mail, or other
517	462		communication, including a communication made confidential by
518	463		other law, between a public official and a voting systems vendor:
519	464		(1) is not confidential;
520	465		(2) is public information for purposes of Chapter 552,
521	466		Government Code; and
522	467		(3) is not subject to an exception to disclosure
523	468		provided by Chapter 552, Government Code.
524		-	SECTION 3.09. Subchapter A, Chapter 127, Election Code, is
	469	+	SECTION 3.08. Subchapter A, Chapter 127, Election Code, is
525	470		amended by adding Section 127.009 to read as follows:
526	471		Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING
527	472		STATION. (a) A counting station manager and the presiding judge of
528	473		the counting station shall develop a protocol under which any
529	474		electronic device inside a central counting station that is
530	475		necessary to count votes is equipped with software that tracks all
531	476		input and activity on the electronic device.
532	477		(b) The counting station manager and the presiding judge of
533	478		the counting station shall ensure that the input and activity
534	479		tracked by the software is printed and delivered to the secretary of
535	480		state not later than the fifth day after vote counting is complete.
536	481		(c) This section applies only to a central counting station
537	482		located in a county with a population of 250,000 or more.
538		-	SECTION 3.10. Section 127.1301, Election Code, is amended
	483	+	SECTION 3.09. Section 127.1301, Election Code, is amended
539	484		to read as follows:
540	485		Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING]
541	486		CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
542	487		OVERVOTES]. (a) In an election using centrally counted optical
543	488		scan ballots, the undervotes and overvotes on those ballots shall
544	489		be tallied, tabulated, and reported by race and by election
545	490		precinct in the form and manner prescribed by the secretary of
546	491		state.
547	492		(b) After January 1, 2024, an authority operating a central
548	493		counting station under this chapter may not purchase or use a
549	494		centrally counted optical ballot scan system that uses a data
550	495		storage disc on which information, once written, is capable of
551	496		being modified.
552		-	SECTION 3.11. Section 127.131, Election Code, is amended by
	497	+	SECTION 3.10. Section 127.131, Election Code, is amended by
553	498		adding Subsection (f) to read as follows:
554	499		(f) The presiding judge of the central counting station
555	500		shall provide and attest to a written reconciliation of votes and
556	501		voters at the close of tabulation for election day and again after
557	502		the central counting station meets for the last time to process
558	503		late-arriving ballots by mail and provisional ballots. The
559	504		secretary of state shall create and promulgate rules and a form to
560	505		facilitate compliance with this subsection. The form shall be
561	506		posted on a website maintained by the county along with election
562	507		returns and results.
563		-	SECTION 3.12. Section 129.023, Election Code, is amended by
	508	+	SECTION 3.11. Section 129.023, Election Code, is amended by
564	509		adding Subsections (b-2) and (c-1) to read as follows:
565	510		(b-2) If the test is being conducted for an election in
566	511		which a county election board has been established under Section
567	512		51.002, the general custodian of election records shall notify each
568	513		member of the board of the test at least 48 hours before the date of
569	514		the test. If the county election board chooses to witness the test,
570	515		each member shall sign the statement required by Subsection (e)(1).
571	516		(c-1) A test conducted under this section must also require
572	517		the general custodian of election records to demonstrate, using a
573	518		representative sample of voting system equipment, that the source
574	519		code of the equipment has not been altered.
575	520		ARTICLE 4. VOTING BY MAIL
576	521		SECTION 4.01. Section 84.001(b), Election Code, is amended
577	522		to read as follows:
578	523		(b) An application must be submitted in writing and signed
579	524		by the applicant using ink on paper. An electronic signature or
580	525		photocopied signature is not permitted.
581	526		SECTION 4.02. Subchapter A, Chapter 84, Election Code, is
582	527		amended by adding Section 84.0011 to read as follows:
583	528		Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS
584	529		PROHIBITED. The early voting clerk may make no attempt to solicit a
585	530		person to complete an application for an early voting ballot by
586	531		mail, whether directly or through a third party.
587	532		SECTION 4.03. Section 84.002, Election Code, as effective
588	533		September 1, 2021, is amended by amending Subsection (a) and adding
589	534		Subsection (b-1) to read as follows:
590	535		(a) An early voting ballot application must include:
591	536		(1) the applicant's name and the address at which the
592	537		applicant is registered to vote;
593	538		(1-a) the following information:
594	539		(A) the number of the applicant's driver's
595		-	license~~, election identification certificate,~~ or personal
596		-	~~identification card issued by the Department of~~ Public Safety;
	540	+	license or personal identification card issued by the Department of
	541	+	Public Safety;
597	542		(B) if the applicant has not been issued a number
598	543		described by Paragraph (A), the last four digits of the applicant's
599	544		social security number; or
600	545		(C) a statement by the applicant that the
601	546		applicant has not been issued a number described by Paragraph (A) or
602	547		(B);
603	548		(2) for an application for a ballot to be voted by mail
604	549		on the ground of absence from the county of residence, the address
605	550		outside the applicant's county of residence to which the ballot is
606	551		to be mailed;
607	552		(3) for an application for a ballot to be voted by mail
608	553		on the ground of age or disability, the address of the hospital,
609	554		nursing home or other long-term care facility, or retirement
610	555		center, or of a person related to the applicant within the second
611	556		degree by affinity or the third degree by consanguinity, as
612	557		determined under Chapter 573, Government Code, if the applicant is
613	558		living at that address and that address is different from the
614	559		address at which the applicant is registered to vote;
615	560		(4) for an application for a ballot to be voted by mail
616	561		on the ground of confinement in jail, the address of the jail or of a
617	562		person related to the applicant within the degree described by
618	563		Subdivision (3);
619	564		(5) for an application for a ballot to be voted by mail
620	565		on any ground, an indication of each election for which the
621	566		applicant is applying for a ballot;
622	567		(6) an indication of the ground of eligibility for
623	568		early voting; and
624	569		(7) for an application for a ballot to be voted by mail
625	570		on the ground of involuntary civil commitment, the address of the
626	571		facility operated by or under contract with the Texas Civil
627	572		Commitment Office or of a person related to the applicant within the
628	573		degree of consanguinity described by Subdivision (3).
629		-	(b-1) A person may use the number of a driver's license,
630		-	election identification certificate, or personal identification
631		-	card that has expired for the purpose of fulfilling the requirement
632		-	under Subsection (a)(1-a) if the license or identification is
633		-	otherwise valid.
	574	+	(b-1) A person may use the number of a driver's license or
	575	+	personal identification card that has expired for the purpose of
	576	+	fulfilling the requirement under Subsection (a)(1-a) if the license
	577	+	or identification is otherwise valid.
634	578		SECTION 4.04. Section 84.011(a), Election Code, as
635	579		effective September 1, 2021, is amended to read as follows:
636	580		(a) The officially prescribed application form for an early
637	581		voting ballot must include:
638	582		(1) immediately preceding the signature space the
639	583		statement: "I certify that the information given in this
640	584		application is true, and I understand that giving false information
641	585		in this application is a crime.";
642	586		(2) a statement informing the applicant of the
643	587		offenses prescribed by Sections 84.003 and 84.004;
644	588		(3) spaces for entering an applicant's voter
645	589		registration number and county election precinct of registration,
646	590		with a statement informing the applicant that failure to furnish
647	591		that information does not invalidate the application;
648	592		(3-a) a space for entering the information required
649	593		under Section 84.002(a)(1-a); and
650	594		(4) on an application for a ballot to be voted by mail:
651	595		(A) a space for an applicant applying on the
652	596		ground of absence from the county of residence to indicate the date
653	597		on or after which the applicant can receive mail at the address
654	598		outside the county;
655	599		(B) a space for indicating the fact that an
656	600		applicant whose application is signed by a witness cannot make the
657	601		applicant's mark and a space for indicating the relationship or
658	602		lack of relationship of the witness to the applicant;
659	603		(C) a space for entering an applicant's telephone
660	604		number, with a statement informing the applicant that failure to
661	605		furnish that information does not invalidate the application;
662	606		(D) a space or box for an applicant applying on
663	607		the ground of age or disability to indicate that the address to
664	608		which the ballot is to be mailed is the address of a facility or
665	609		relative described by Section 84.002(a)(3), if applicable;
666	610		(E) a space or box for an applicant applying on
667	611		the ground of confinement in jail or involuntary civil commitment
668	612		to indicate that the address to which the ballot is to be mailed is
669	613		the address of a relative described by Section 84.002(a)(4) or (7),
670	614		if applicable;
671	615		(F) a space for an applicant applying on the
672	616		ground of age or disability to indicate if the application is an
673	617		application under Section 86.0015;
674	618		(G) spaces for entering the signature, printed
675	619		name, and residence address of any person assisting the applicant;
676	620		(H) a statement informing the applicant of the
677	621		condition prescribed by Section 81.005; and
678	622		(I) a statement informing the applicant of the
679	623		requirement prescribed by Section 86.003(c).
680	624		SECTION 4.05. Subchapter A, Chapter 84, Election Code, is
681	625		amended by adding Section 84.0111 to read as follows:
682	626		Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a)
683	627		Except as provided by Subsection (c) or as otherwise authorized by
684	628		this code, an officer or employee of this state or of a political
685	629		subdivision of this state may not distribute an application form
686	630		for an early voting ballot to a person who did not request an
687	631		application under Section 84.001.
688	632		(b) An officer or employee of this state or of a political
689	633		subdivision of this state may not use public funds to facilitate the
690	634		distribution by another person of an application form for an early
691	635		voting ballot to a person who did not request an application under
692	636		Section 84.001.
693	637		(c) A political party or a candidate for office may
694	638		distribute an application form for an early voting ballot to a
695	639		person who did not request an application under Section 84.001.
696	640		SECTION 4.06. Section 84.032(c), Election Code, is amended
697	641		to read as follows:
698	642		(c) An applicant may submit a request after the close of
699	643		early voting by personal appearance by appearing in person and:
700	644		(1) returning the ballot to be voted by mail to the
701	645		early voting clerk; or
702	646		(2) executing an affidavit that the applicant:
703	647		(A) has not received the ballot to be voted by
704	648		mail; [or]
705	649		(B) never requested a ballot to be voted by mail;
706	650		or
707	651		(C) received notice of a defect under Section
708	652		87.0271(b) or 87.0411(b).
709	653		SECTION 4.07. Section 84.035, Election Code, is amended to
710	654		read as follows:
711	655		Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early
712	656		voting clerk cancels an application by an applicant to whom an early
713	657		voting ballot has been sent, the clerk shall:
714	658		(1) remove the applicant's name from the early voting
715	659		roster; and
716	660		(2) make any other entries in the records and take any
717	661		other action necessary to prevent the ballot from being counted if
718	662		returned.
719	663		(b) An election judge may permit a person to whom an early
720	664		voting ballot has been sent who cancels the person's application
721	665		for a ballot to be voted by mail in accordance with Section 84.032
722	666		but fails to return the ballot to be voted by mail to the early
723	667		voting clerk, deputy early voting clerk, or presiding judge as
724	668		provided by that section to vote only a provisional ballot under
725	669		Section 63.011.
726	670		SECTION 4.08. Section 86.001, Election Code, is amended by
727	671		adding Subsection (f) to read as follows:
728	672		(f) If the information required under Section
729	673		84.002(a)(1-a) included on the application does not match the
730	674		information on the applicant's application for voter registration
731	675		under Section 13.002(c)(8), the clerk shall reject the application.
732	676		SECTION 4.09. Section 86.002, Election Code, is amended by
733	677		adding Subsections (g), (h), and (i) to read as follows:
734	678		(g) The carrier envelope must include a space that is hidden
735	679		from view when the envelope is sealed for the voter to enter the
736	680		following information:
737		-	(1) the number of the voter's driver's license,
738		-	~~election identification certificate, or~~ personal identification
739		-	~~card issued by the Department of Public~~ Safety;
	681	+	(1) the number of the voter's driver's license or
	682	+	personal identification card issued by the Department of Public
	683	+	Safety;
740	684		(2) if the voter has not been issued a number described
741	685		by Subdivision (1), the last four digits of the voter's social
742	686		security number; or
743	687		(3) a statement by the applicant that the applicant
744	688		has not been issued a number described by Subdivision (1) or (2).
745		-	(h) A person may use the number of a driver's license,
746		-	election identification certificate, or personal identification
747		-	card that has expired for purposes of Subsection (g) if the license
748		-	or identification is otherwise valid.
	689	+	(h) A person may use the number of a driver's license or
	690	+	personal identification card that has expired for purposes of
	691	+	Subsection (g) if the license or identification is otherwise valid.
749	692		(i) No record associating an individual voter with a ballot
750	693		may be created.
751	694		SECTION 4.10. Section 86.011(c), Election Code, is amended
752	695		to read as follows:
753	696		(c) If the return is not timely, the clerk shall enter the
754	697		time of receipt on the carrier envelope and retain it in a locked
755	698		container for the period for preserving the precinct election
756	699		records. The clerk shall destroy the unopened envelope and its
757	700		contents after the preservation period.
758	701		SECTION 4.11. Section 87.027(i), Election Code, is amended
759	702		to read as follows:
760	703		(i) The signature verification committee shall compare the
761	704		signature on each carrier envelope certificate, except those signed
762	705		for a voter by a witness, with the signature on the voter's ballot
763	706		application to determine whether the signatures are those of the
764	707		voter. The committee may also compare the signatures with any
765	708		known signature [two or more signatures] of the voter [made within
766	709		the preceding six years and] on file with the county clerk or voter
767	710		registrar to determine whether the signatures are those of the
768	711		voter. Except as provided by Subsection (l), a determination under
769	712		this subsection that the signatures are not those of the voter must
770	713		be made by a majority vote of the committee's membership. The
771	714		committee shall place the jacket envelopes, carrier envelopes, and
772	715		applications of voters whose signatures are not those of the voter
773	716		in separate containers from those of voters whose signatures are
774	717		those of the voter. The committee chair shall deliver the sorted
775	718		materials to the early voting ballot board at the time specified by
776	719		the board's presiding judge.
777	720		SECTION 4.12. Subchapter B, Chapter 87, Election Code, is
778	721		amended by adding Section 87.0271 to read as follows:
779	722		Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
780	723		VERIFICATION COMMITTEE. (a) This section applies to an early
781	724		voting ballot voted by mail:
782	725		(1) for which the voter did not sign the carrier
783	726		envelope certificate;
784	727		(2) for which it cannot immediately be determined
785	728		whether the signature on the carrier envelope certificate is that
786	729		of the voter;
787	730		(3) missing any required statement of residence; or
788	731		(4) containing incomplete information with respect to
789	732		a witness.
790	733		(b) Before deciding whether to accept or reject a timely
791	734		delivered ballot under Section 87.027, the signature verification
792	735		committee may:
793	736		(1) return the carrier envelope to the voter by mail,
794	737		if the signature verification committee determines that it would be
795	738		possible to correct the defect and return the carrier envelope
796	739		before the time the polls are required to close on election day; or
797	740		(2) notify the voter of the defect by telephone or
798	741		e-mail and inform the voter that the voter may come to the early
799	742		voting clerk's office in person to:
800	743		(A) correct the defect; or
801	744		(B) request to have the voter's application to
802	745		vote by mail canceled under Section 84.032.
803	746		(c) If the signature verification committee takes an action
804	747		described by Subsection (b), the committee must take either action
805	748		described by that subsection with respect to each ballot in the
806	749		election to which this section applies.
807	750		(d) A poll watcher is entitled to observe an action taken
808	751		under Subsection (b).
809	752		(e) The secretary of state may prescribe any procedures
810	753		necessary to implement this section.
811	754		SECTION 4.13. Section 87.041, Election Code, is amended by
812	755		amending Subsections (b) and (e) and adding Subsection (d-1) to
813	756		read as follows:
814	757		(b) A ballot may be accepted only if:
815	758		(1) the carrier envelope certificate is properly
816	759		executed;
817	760		(2) neither the voter's signature on the ballot
818	761		application nor the signature on the carrier envelope certificate
819	762		is determined to have been executed by a person other than the
820	763		voter, unless signed by a witness;
821	764		(3) the voter's ballot application states a legal
822	765		ground for early voting by mail;
823	766		(4) the voter is registered to vote, if registration
824	767		is required by law;
825	768		(5) the address to which the ballot was mailed to the
826	769		voter, as indicated by the application, was outside the voter's
827	770		county of residence, if the ground for early voting is absence from
828	771		the county of residence;
829	772		(6) for a voter to whom a statement of residence form
830	773		was required to be sent under Section 86.002(a), the statement of
831	774		residence is returned in the carrier envelope and indicates that
832	775		the voter satisfies the residence requirements prescribed by
833	776		Section 63.0011; [and]
834	777		(7) the address to which the ballot was mailed to the
835	778		voter is an address that is otherwise required by Sections 84.002
836	779		and 86.003; and
837	780		(8) the information required under Section 86.002(g)
838		-	provided by the voter identifies the same voter identified on the
839		-	voter's application for voter registration under Section
840		-	13.002(c)(8).
	781	+	provided by the voter matches the information on the voter's
	782	+	application for voter registration under Section 13.002(c)(8).
841	783		(d-1) If a voter provides the information required under
842		-	Section 86.002(g) and it ~~identifies~~ the ~~same~~ voter ~~identified on~~
843		-	~~the voter's~~ application for voter registration under Section
844		-	~~13.002(c)(8), the~~ signature on the ballot application and on the
845		-	~~carrier envelope~~ certificate shall be rebuttably presumed to be the
846		-	~~signatures of~~ the voter.
	784	+	Section 86.002(g) and it matches the information on the voter's
	785	+	application for voter registration under Section 13.002(c)(8), the
	786	+	signature on the ballot application and on the carrier envelope
	787	+	certificate shall be rebuttably presumed to be the signatures of
	788	+	the voter.
847	789		(e) In making the determination under Subsection (b)(2), to
848	790		determine whether the signatures are those of the voter, the board
849	791		may also compare the signatures with any known signature [two or
850	792		more signatures] of the voter [made within the preceding six years
851	793		and] on file with the county clerk or voter registrar [to determine
852	794		whether the signatures are those of the voter].
853	795		SECTION 4.14. Subchapter C, Chapter 87, Election Code, is
854	796		amended by adding Section 87.0411 to read as follows:
855	797		Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
856	798		BALLOT BOARD. (a) This section applies to an early voting ballot
857	799		voted by mail:
858	800		(1) for which the voter did not sign the carrier
859	801		envelope certificate;
860	802		(2) for which it cannot immediately be determined
861	803		whether the signature on the carrier envelope certificate is that
862	804		of the voter;
863	805		(3) missing any required statement of residence; or
864	806		(4) containing incomplete information with respect to
865	807		a witness.
866	808		(b) Before deciding whether to accept or reject a timely
867	809		delivered ballot under Section 87.041, the early voting ballot
868	810		board may:
869	811		(1) return the carrier envelope to the voter by mail,
870	812		if the early voting ballot board determines that it would be
871	813		possible to correct the defect and return the carrier envelope
872	814		before the time the polls are required to close on election day; or
873	815		(2) notify the voter of the defect by telephone or
874	816		e-mail and inform the voter that the voter may come to the early
875	817		voting clerk's office in person to:
876	818		(A) correct the defect; or
877	819		(B) request to have the voter's application to
878	820		vote by mail canceled under Section 84.032.
879	821		(c) If the early voting ballot board takes an action
880	822		described by Subsection (b), the board must take either action
881	823		described by that subsection with respect to each ballot in the
882	824		election to which this section applies.
883	825		(d) A poll watcher is entitled to observe an action taken
884	826		under Subsection (b).
885	827		(e) The secretary of state may prescribe any procedures
886	828		necessary to implement this section.
887	829		SECTION 4.15. Section 87.0431(b), Election Code, is amended
888	830		to read as follows:
889	831		(b) The early voting clerk shall, not later than the 30th
890	832		day after election day, deliver notice to the attorney general,
891	833		including certified copies of the carrier envelope and
892	834		corresponding ballot application, of any ballot rejected because:
893	835		(1) the voter was deceased;
894	836		(2) the voter already voted in person in the same
895	837		election;
896	838		(3) the signatures on the carrier envelope and ballot
897	839		application were not executed by the same person;
898	840		(4) the carrier envelope certificate lacked a witness
899	841		signature; [or]
900	842		(5) the carrier envelope certificate was improperly
901	843		executed by an assistant; or
902	844		(6) the early voting ballot board or the signature
903	845		verification committee determined that another violation of the
904	846		Election Code occurred.
905	847		SECTION 4.16. Sections 87.062(a) and (c), Election Code,
906	848		are amended to read as follows:
907	849		(a) On the direction of the presiding judge, the early
908	850		voting ballot board, in accordance with Section 85.032(b), shall
909	851		open the containers [container] for the early voting ballots that
910	852		are to be counted by the board, remove the contents from each [the]
911	853		container, and remove any ballots enclosed in ballot envelopes from
912	854		their envelopes.
913	855		(c) Ballots voted by mail shall be tabulated and stored
914	856		separately from the ballots voted by personal appearance and shall
915	857		be separately reported on the returns [The results of all early
916	858		voting ballots counted by the board under this subchapter shall be
917	859		included in the same return].
918	860		SECTION 4.17. Section 87.103, Election Code, is amended to
919	861		read as follows:
920	862		Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
921	863		The early voting electronic system ballots counted at a central
922	864		counting station, the ballots cast at precinct polling places, and
923	865		the ballots voted by mail shall be tabulated separately [from the
924	866		ballots cast at precinct polling places] and shall be separately
925	867		reported on the returns.
926	868		(b) The early voting returns prepared at the central
927	869		counting station must include any early voting results obtained by
928	870		the early voting ballot board under Subchapter [Subchapters] D [and
929	871		E].
930	872		SECTION 4.18. Section 87.126, Election Code, is amended by
931	873		adding Subsection (a-1) to read as follows:
932	874		(a-1) Electronic records made under this section shall
933	875		record both sides of any application, envelope, or ballot recorded,
934	876		and all such records shall be provided to the early voting ballot
935	877		board, the signature verification committee, or both.
936	878		SECTION 4.19. Subchapter G, Chapter 87, Election Code, is
937	879		amended by adding Section 87.128 to read as follows:
938	880		Sec. 87.128. NOTES. Each member of an early voting ballot
939	881		board and each member of a signature verification committee is
940	882		entitled to take and keep any notes reasonably necessary to perform
941	883		the member's duties under this chapter.
942	884		ARTICLE 5. ASSISTANCE OF VOTERS
943	885		SECTION 5.01. Section 64.009, Election Code, is amended by
944		-	amending Subsection (b) and adding Subsections (e), (f), ~~(f-1),~~
945		-	(g), and (h) to read as follows:
	886	+	amending Subsection (b) and adding Subsections (b-1), (e), (f),
	887	+	(f-1), (g), and (h) to read as follows:
946	888		(b) The regular voting procedures, except those in
947	889		Subchapter B, may be modified by the election officer to the extent
948	890		necessary to conduct voting under this section.
	891	+	(b-1) A person other than a voter is only permitted to be
	892	+	inside a motor vehicle while a voter votes from the motor vehicle if
	893	+	the person would be entitled to accompany the voter to the voting
	894	+	station under other law.
949	895		(e) Except as provided by Section 33.057, a poll watcher is
950	896		entitled to observe any activity conducted under this section.
951	897		(f) A person who simultaneously assists three or more voters
952	898		voting under this section by providing the voters with
953	899		transportation to the polling place must complete and sign a form,
954	900		provided by an election officer, that contains the person's name
955	901		and address and whether the person is providing assistance solely
956	902		under this section or under both this section and Subchapter B.
957	903		(f-1) Subsection (f) does not apply if the person is related
958	904		to each voter within the second degree by affinity or the third
959	905		degree by consanguinity, as determined under Subchapter B, Chapter
960	906		573, Government Code.
961	907		(g) A form completed under Subsection (f) shall be delivered
962	908		to the secretary of state as soon as practicable. The secretary
963	909		shall retain a form delivered under this section for the period for
964	910		preserving the precinct election records and shall make the form
965	911		available to the attorney general for inspection upon request.
966	912		(h) The secretary of state shall prescribe the form
967	913		described by Subsection (f).
968	914		SECTION 5.02. Section 64.031, Election Code, is amended to
969	915		read as follows:
970	916		Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
971	917		eligible to receive assistance in marking or reading the ballot, as
972	918		provided by this subchapter, if the voter cannot prepare or read the
973	919		ballot because of:
974	920		(1) a physical disability that renders the voter
975	921		unable to write or see; or
976	922		(2) an inability to read the language in which the
977	923		ballot is written.
978	924		SECTION 5.03. Subchapter B, Chapter 64, Election Code, is
979	925		amended by adding Section 64.0322 to read as follows:
980	926		Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
981	927		person, other than an election officer, who assists a voter in
982	928		accordance with this chapter is required to complete a form
983	929		stating:
984	930		(1) the name and address of the person assisting the
985	931		voter;
986	932		(2) the relationship to the voter of the person
987	933		assisting the voter; and
988	934		(3) whether the person assisting the voter received or
989	935		accepted any form of compensation or other benefit from a
990	936		candidate, campaign, or political committee.
991	937		(b) The secretary of state shall prescribe the form required
992	938		by this section. The form must be incorporated into the official
993	939		carrier envelope if the voter is voting an early voting ballot by
994	940		mail and receives assistance under Section 86.010, or must be
995	941		submitted to an election officer at the time the voter casts a
996	942		ballot if the voter is voting at a polling place or under Section
997	943		64.009.
998	944		SECTION 5.04. Section 64.034, Election Code, is amended to
999	945		read as follows:
1000	946		Sec. 64.034. OATH. A person, other than an election
1001	947		officer, selected to provide assistance to a voter must take the
1002	948		following oath, administered by an election officer at the polling
1003	949		place, before providing assistance:
1004	950		"I swear (or affirm) under penalty of perjury that the voter I
1005	951		am assisting represented to me they are eligible to receive
1006		-	assistance; I will not suggest, by word, sign, or gesture, how the
1007		-	voter should vote; [I will confine my assistance to answering the
1008		-	voter's questions, to stating propositions on the ballot, and to
1009		-	naming candidates and, if listed, their political parties;] I will
1010		-	prepare the voter's ballot as the voter directs; I did not
1011		-	encourage, pressure, or coerce the voter into choosing me to
1012		-	provide assistance; [and] I am not the voter's employer, an agent of
1013		-	the voter's employer, or an officer or agent of a labor union to
1014		-	which the voter belongs; I will not communicate information about
1015		-	how the voter has voted to another person; and I understand that if
1016		-	assistance is provided to a voter who is not eligible for
1017		-	assistance, the voter's ballot may not be counted."
	952	+	assistance because of a physical disability that renders the voter
	953	+	unable to write or see or an inability to read the language in which
	954	+	the ballot is written; I will not suggest, by word, sign, or
	955	+	gesture, how the voter should vote; I will confine my assistance to
	956	+	reading the ballot to the voter, directing the voter to read the
	957	+	ballot, marking the voter's ballot, or directing the voter to mark
	958	+	the ballot; [answering the voter's questions, to stating
	959	+	propositions on the ballot, and to naming candidates and, if
	960	+	listed, their political parties;] I will prepare the voter's ballot
	961	+	as the voter directs; I did not encourage, pressure, or coerce the
	962	+	voter into choosing me to provide assistance; [and] I am not the
	963	+	voter's employer, an agent of the voter's employer, or an officer or
	964	+	agent of a labor union to which the voter belongs; I will not
	965	+	communicate information about how the voter has voted to another
	966	+	person; and I understand that if assistance is provided to a voter
	967	+	who is not eligible for assistance, the voter's ballot may not be
	968	+	counted."
1018	969		SECTION 5.05. Sections 86.010(e), (h), and (i), Election
1019	970		Code, are amended to read as follows:
1020	971		(e) A person who assists a voter to prepare a ballot to be
1021	972		voted by mail shall enter on the official carrier envelope of the
1022	973		voter:
1023	974		(1) the person's signature, printed name, and
1024	975		residence address;
1025	976		(2) the relationship of the person providing the
1026	977		assistance to the voter; and
1027	978		(3) whether the person received or accepted any form
1028	979		of compensation or other benefit from a candidate, campaign, or
1029	980		political committee in exchange for providing assistance [on the
1030	981		official carrier envelope of the voter].
1031	982		(h) Subsection (f) does not apply to:
1032	983		(1) a violation of Subsection (c), if the person is
1033	984		related to the voter within the second degree by affinity or the
1034	985		third degree by consanguinity, as determined under Subchapter B,
1035	986		Chapter 573, Government Code, or was physically living in the same
1036	987		dwelling as the voter at the time of the event; or
1037	988		(2) a violation of Subsection (e), if the person is
1038	989		related to the voter within the second degree by affinity or the
1039	990		third degree by consanguinity, as determined under Subchapter B,
1040	991		Chapter 573, Government Code.
1041	992		(i) An offense under this section for a violation of
1042	993		Subsection (c) is increased to the next higher category of offense
1043	994		if it is shown on the trial of an offense under this section that:
1044	995		(1) the defendant was previously convicted of an
1045	996		offense under this code;
1046	997		(2) the offense involved a voter 65 years of age or
1047	998		older; or
1048	999		(3) the defendant committed another offense under this
1049	1000		section in the same election.
1050	1001		SECTION 5.06. Section 86.013(b), Election Code, is amended
1051	1002		to read as follows:
1052	1003		(b) Spaces must appear on the reverse side of the official
1053	1004		carrier envelope for:
1054	1005		(1) indicating the identity and date of the election;
1055	1006		[and]
1056	1007		(2) entering the signature, printed name, and
1057	1008		residence address of a person other than the voter who deposits the
1058	1009		carrier envelope in the mail or with a common or contract carrier;
1059	1010		and
1060	1011		(3) indicating the relationship of that person to the
1061	1012		voter.
1062	1013		ARTICLE 6. FRAUD AND OTHER UNLAWFUL PRACTICES
1063	1014		SECTION 6.01. Chapter 63, Election Code, is amended by
1064	1015		adding Section 63.0111 to read as follows:
1065	1016		Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
1066	1017		An election judge commits an offense if the judge knowingly
1067	1018		provides a voter with a form for an affidavit required by Section
1068	1019		63.001 if the form contains information that the judge entered on
1069	1020		the form knowing it was false.
1070	1021		(b) An offense under this section is a state jail felony.
1071	1022		SECTION 6.02. Sections 276.004(a) and (b), Election Code,
1072	1023		are amended to read as follows:
1073	1024		(a) A person commits an offense if, with respect to another
1074	1025		person over whom the person has authority in the scope of
1075	1026		employment, the person knowingly:
1076	1027		(1) refuses to permit the other person to be absent
1077	1028		from work on election day or while early voting is in progress for
1078	1029		the purpose of attending the polls to vote; or
1079	1030		(2) subjects or threatens to subject the other person
1080	1031		to a penalty for attending the polls on election day or while early
1081	1032		voting is in progress to vote.
1082	1033		(b) It is an exception to the application of this section
1083	1034		that the person's conduct occurs in connection with an election in
1084	1035		which the polls are open on election day or while early voting is in
1085	1036		progress for voting for two consecutive hours outside of the
1086	1037		voter's working hours.
1087	1038		SECTION 6.03. Chapter 276, Election Code, is amended by
1088	1039		adding Sections 276.015, 276.016, and 276.017 to read as follows:
1089	1040		Sec. 276.015. VOTE HARVESTING. (a) In this section and in
1090	1041		Section 276.016:
1091	1042		(1) "Benefit" means anything reasonably regarded as a
1092	1043		gain or advantage, including a promise or offer of employment, a
1093	1044		political favor, or an official act of discretion, whether to a
1094	1045		person or another party whose welfare is of interest to the person.
1095	1046		(2) "Vote harvesting services" means in-person
1096		-	interaction with one or more voters, in the physical presence of an
1097		-	official ballot, a ballot voted by mail, or an application for
1098		-	ballot by mail, intended to deliver votes for a specific candidate
1099		-	or measure.
	1047	+	interaction with one or more voters, involving an official ballot,
	1048	+	a ballot voted by mail, or an application for ballot by mail,
	1049	+	intended to deliver votes for a specific candidate or measure.
1100	1050		(b) A person commits an offense if the person, directly or
1101	1051		through a third party, knowingly provides or offers to provide vote
1102	1052		harvesting services in exchange for compensation or other benefit.
1103	1053		(c) A person commits an offense if the person, directly or
1104	1054		through a third party, knowingly provides or offers to provide
1105	1055		compensation or other benefit to another person in exchange for
1106	1056		vote harvesting services.
1107	1057		(d) A person commits an offense if the person knowingly
1108	1058		collects or possesses a mail ballot or official carrier envelope in
1109	1059		connection with vote harvesting services.
1110	1060		(e) This section does not apply to:
1111	1061		(1) an activity not performed in exchange for
1112	1062		compensation or a benefit;
1113	1063		(2) interactions that do not directly involve an
1114	1064		official ballot, ballot by mail, or an application for ballot by
1115	1065		mail;
1116	1066		(3) interactions that are not conducted in-person with
1117	1067		a voter; or
1118	1068		(4) activity that is not designed to deliver votes for
1119	1069		or against a specific candidate or measure.
1120	1070		(f) In this section, compensation in exchange for vote
1121	1071		harvesting services is inferred if a person who performed vote
1122	1072		harvesting services for a candidate or campaign solicits, receives,
1123	1073		or is offered compensation from the candidate or campaign, directly
1124	1074		or through a third party, for services other than vote harvesting
1125	1075		services provided.
1126	1076		(g) An offense under this section is a felony of the third
1127	1077		degree.
1128	1078		(h) If conduct that constitutes an offense under this
1129	1079		section also constitutes an offense under any other law, the actor
1130	1080		may be prosecuted under this section, the other law, or both.
1131	1081		(i) Records necessary to investigate an offense under this
1132	1082		section or any other section of this code shall be provided by an
1133	1083		election officer in an unredacted form to a law enforcement officer
1134	1084		upon request. Records obtained under this subsection are not
1135	1085		subject to public disclosure.
1136	1086		Sec. 276.016. CIVIL LIABILITY FOR VOTE HARVESTING. (a) A
1137	1087		person who is shown by a preponderance of the evidence to have
1138	1088		violated Section 276.015 is civilly liable to any candidate or
1139	1089		political party who suffers harm from the vote harvesting services
1140	1090		for damages and penalties that may be awarded under Subsection (c).
1141	1091		(b) A person is harmed by the vote harvesting services if
1142	1092		the person can demonstrate that:
1143	1093		(1) the person has standing to seek relief; and
1144	1094		(2) the liable party violated Section 276.015.
1145	1095		(b-1) To establish standing under this section, a person is
1146	1096		not required to demonstrate that the vote harvesting services
1147	1097		successfully delivered votes for a specific candidate or measure,
1148	1098		but must demonstrate that:
1149	1099		(1) the vote harvesting services were intended to
1150	1100		deliver votes for a specific candidate or measure; and
1151	1101		(2) the person opposed the candidate or measure in the
1152	1102		person's capacity as a candidate or political party.
1153	1103		(c) A party who prevails in an action under this section may
1154	1104		recover damages in an amount including any or all of:
1155	1105		(1) the amount of compensation paid to or received by a
1156	1106		party in exchange for vote harvesting services;
1157	1107		(2) the fair market value of any benefit given or
1158	1108		received in exchange for vote harvesting services;
1159	1109		(3) a penalty in the amount of $35,000; or
1160	1110		(4) reasonable and necessary attorney's fees, court
1161	1111		costs, witness fees, and discovery costs.
1162	1112		(d) A party who is a candidate for office who prevails in an
1163	1113		action under this section and shows that the number of voters
1164	1114		contacted by the vote harvesting activity exceeds the number of
1165	1115		votes by which the party lost the election shall recover damages in
1166	1116		an amount including any or all of:
1167	1117		(1) the party's campaign expenditures properly filed
1168	1118		on a campaign finance report in connection with the election; or
1169	1119		(2) any fees and expenses incurred by the party in
1170	1120		filing and securing a place on the ballot.
1171	1121		(e) A person who commits an offense under Section 276.015
1172	1122		and is found civilly liable, including by vicarious liability,
1173	1123		under this chapter or other law for any amount of damages arising
1174	1124		from the vote harvesting services is jointly liable with any other
1175	1125		defendant for the entire amount of damages arising from the vote
1176	1126		harvesting services.
1177	1127		(f) The cause of action created by this section is
1178	1128		cumulative of any other remedy provided by common law or statute.
1179	1129		(g) Rules applicable to a party's access to election records
1180	1130		under Chapter 231 or 232 apply to a cause of action under this
1181	1131		section.
1182	1132		(h) The expedited actions process created by Rule 169, Texas
1183	1133		Rules of Civil Procedure, does not apply to an action under this
1184	1134		section.
1185	1135		(i) Chapter 27, Civil Practice and Remedies Code, does not
1186	1136		apply to a cause of action under this section.
1187	1137		(j) A cause of action under this section may be brought in
1188	1138		the county where any element of a violation under Section 276.015
1189	1139		occurred, or where any part of the vote harvesting services
1190	1140		occurred.
1191	1141		(k) This section shall be liberally construed and applied to
1192	1142		promote its underlying purpose to protect candidates and the voting
1193	1143		public from unlawful vote harvesting and provide an efficient and
1194	1144		economical remedy to secure that protection.
1195	1145		Sec. 276.017. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
1196	1146		public official may not create, alter, modify, waive, or suspend
1197	1147		any election standard, practice, or procedure mandated by law or
1198	1148		rule in a manner not expressly authorized by this code.
1199	1149		ARTICLE 7. ENFORCEMENT
1200	1150		SECTION 7.01. Section 18.065, Election Code, is amended by
1201	1151		amending Subsection (a) and adding Subsections (e), (f), and (g) to
1202	1152		read as follows:
1203	1153		(a) The secretary of state shall monitor each registrar for
1204	1154		substantial compliance with Sections 15.083, 16.032, 16.0332, and
1205	1155		18.061 and with rules implementing the statewide computerized voter
1206	1156		registration list.
1207	1157		(e) A registrar shall correct a violation within 30 days of
1208	1158		a notice under Subsection (b). If a registrar fails to correct the
1209	1159		violation within 30 days of a notice under Subsection (b), the
1210	1160		secretary of state shall:
1211	1161		(1) correct the violation on behalf of the registrar;
1212	1162		and
1213	1163		(2) notify the attorney general that the registrar
1214	1164		failed to correct a violation under this subsection.
1215	1165		(f) A county served by a registrar who fails to correct a
1216	1166		violation under Subsection (e) is liable to this state for a civil
1217	1167		penalty of $1,000 for each violation corrected by the secretary of
1218	1168		state under that subsection. The attorney general may bring an
1219	1169		action to recover a civil penalty imposed under this section.
1220	1170		(g) A civil penalty collected by the attorney general under
1221	1171		this section shall be deposited in the state treasury to the credit
1222	1172		of the general revenue fund.
1223	1173		SECTION 7.02. Subchapter E, Chapter 31, Election Code, is
1224	1174		amended by adding Sections 31.128 and 31.129 to read as follows:
1225	1175		Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this
1226	1176		section, "election official" means:
1227	1177		(1) a county clerk;
1228	1178		(2) a permanent or temporary deputy county clerk;
1229	1179		(3) an elections administrator;
1230	1180		(4) a permanent or temporary employee of an elections
1231	1181		administrator;
1232	1182		(5) an election judge;
1233	1183		(6) an alternate election judge;
1234	1184		(7) an early voting clerk;
1235	1185		(8) a deputy early voting clerk;
1236	1186		(9) an election clerk;
1237	1187		(10) the presiding judge of an early voting ballot
1238	1188		board;
1239	1189		(11) the alternate presiding judge of an early voting
1240	1190		ballot board;
1241	1191		(12) a member of an early voting ballot board;
1242	1192		(13) the chair of a signature verification committee;
1243	1193		(14) the vice chair of a signature verification
1244	1194		committee;
1245	1195		(15) a member of a signature verification committee;
1246	1196		(16) the presiding judge of a central counting
1247	1197		station;
1248	1198		(17) the alternate presiding judge of a central
1249	1199		counting station;
1250	1200		(18) a central counting station manager;
1251	1201		(19) a central counting station clerk;
1252	1202		(20) a tabulation supervisor; and
1253	1203		(21) an assistant to a tabulation supervisor.
1254	1204		(b) A person may not serve as an election official if the
1255	1205		person has been finally convicted of an offense under this code.
1256	1206		Sec. 31.129. CIVIL PENALTY. (a) In this section, "election
1257	1207		official" has the meaning assigned by Section 31.128.
1258	1208		(b) An election official may be liable to this state for a
1259	1209		civil penalty if the official:
1260	1210		(1) is employed by or is an officer of this state or a
1261	1211		political subdivision of this state; and
1262	1212		(2) violates a provision of this code.
1263	1213		(c) A civil penalty imposed under this section may include
1264	1214		termination of the person's employment and loss of the person's
1265	1215		employment benefits.
1266	1216		SECTION 7.03. Section 232.006(a), Election Code, is amended
1267	1217		to read as follows:
1268	1218		(a) The venue of an election contest for a statewide office
1269	1219		is in Travis County or any county where a contestee resided at the
1270	1220		time of the election. For purposes of this section, a contestee's
1271	1221		residence is determined under Section 411.0257, Government Code.
1272	1222		SECTION 7.04. Sections 232.008(b), (c), and (d), Election
1273	1223		Code, are amended to read as follows:
1274	1224		(b) Except as provided by Subsection (c), a contestant must
1275	1225		file the petition not later than the later of the 45th [30th] day
1276	1226		after the date the election records are publicly available under
1277	1227		Section 1.012 or the official result of the contested election is
1278	1228		determined.
1279	1229		(c) A contestant must file the petition not later than the
1280	1230		later of the 15th [10th] day after the date the election records are
1281	1231		publicly available under Section 1.012 or the official result is
1282	1232		determined in a contest of:
1283	1233		(1) a primary or runoff primary election; or
1284	1234		(2) a general or special election for which a runoff is
1285	1235		necessary according to the official result or will be necessary if
1286	1236		the contestant prevails.
1287	1237		(d) A contestant must deliver, electronically or otherwise,
1288	1238		a copy of the petition to the secretary of state by the same
1289	1239		deadline prescribed for the filing of the petition.
1290	1240		SECTION 7.05. Chapter 232, Election Code, is amended by
1291	1241		adding Subchapter C to read as follows:
1292	1242		SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
1293	1243		Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
1294	1244		applies to an election contest in which the contestant alleges in
1295	1245		the petition that an opposing candidate, an agent of the opposing
1296	1246		candidate, or a person acting on behalf of the opposing candidate
1297	1247		with the candidate's knowledge violated any of the following
1298	1248		sections of this code:
1299	1249		(1) Section 13.007;
1300	1250		(2) Section 64.012;
1301	1251		(3) Section 64.036;
1302	1252		(4) Section 84.003;
1303	1253		(5) Section 84.0041;
1304	1254		(6) Section 86.0051;
1305	1255		(7) Section 86.006;
1306	1256		(8) Section 86.010; or
1307	1257		(9) Section 276.013.
1308	1258		Sec. 232.062. DAMAGES. (a) If it is shown by a
1309	1259		preponderance of the evidence that a contestee, an agent of the
1310	1260		contestee, or a person acting on behalf of the contestee with the
1311	1261		contestee's knowledge committed one or more violations of a section
1312	1262		described by Section 232.061, the contestee is liable to the
1313	1263		contestant for damages in an amount of $1,000 for each violation.
1314	1264		(b) Notwithstanding Section 41.004(a), Civil Practice and
1315	1265		Remedies Code, a court shall award damages under Subsection (a) to
1316	1266		the contestant irrespective of whether the contestant is awarded
1317	1267		actual damages.
1318	1268		Sec. 232.063. ATTORNEY'S FEES. In an election contest to
1319	1269		which this subchapter applies, the court may award reasonable
1320	1270		attorney's fees to the prevailing party.
1321	1271		SECTION 7.06. Section 273.061, Election Code, is amended to
1322	1272		read as follows:
1323	1273		Sec. 273.061. JURISDICTION. (a) The supreme court or a
1324	1274		court of appeals may issue a writ of mandamus to compel the
1325	1275		performance of any duty imposed by law in connection with the
1326	1276		holding of an election or a political party convention, regardless
1327	1277		of whether the person responsible for performing the duty is a
1328	1278		public officer.
1329	1279		(b) The court of criminal appeals may issue a writ of
1330	1280		mandamus to compel the performance of any duty imposed by law in
1331	1281		connection with the provision, sequestration, transfer, or
1332	1282		impoundment of evidence in or records relating to a criminal
1333	1283		investigation conducted under this code or conducted in connection
1334	1284		with the conduct of an election or political party convention. If a
1335	1285		writ of mandamus is issued under this subsection, it shall include
1336	1286		an order requiring the provision, sequestration, transfer, or
1337	1287		impoundment of the evidence or record.
1338	1288		SECTION 7.07. Subchapter D, Chapter 22, Government Code, is
1339	1289		amended by adding Section 22.304 to read as follows:
1340	1290		Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
1341	1291		The supreme court, the court of criminal appeals, or a court of
1342	1292		appeals shall prioritize over any other proceeding pending or filed
1343	1293		in the court a proceeding for injunctive relief or for a writ of
1344	1294		mandamus under Chapter 273, Election Code, pending or filed in the
1345	1295		court on or after the 120th day before a general or special
1346	1296		election.
1347	1297		(b) If granted, oral argument for a proceeding described by
1348	1298		Subsection (a) may be given in person or through electronic means.
1349	1299		SECTION 7.08. Section 23.101, Government Code, is amended
1350	1300		by amending Subsection (a) and adding Subsection (b-1) to read as
1351	1301		follows:
1352	1302		(a) Except as provided by Subsection (b-1), the [The] trial
1353	1303		courts of this state shall regularly and frequently set hearings
1354	1304		and trials of pending matters, giving preference to hearings and
1355	1305		trials of the following:
1356	1306		(1) temporary injunctions;
1357	1307		(2) criminal actions, with the following actions given
1358	1308		preference over other criminal actions:
1359	1309		(A) criminal actions against defendants who are
1360	1310		detained in jail pending trial;
1361	1311		(B) criminal actions involving a charge that a
1362	1312		person committed an act of family violence, as defined by Section
1363	1313		71.004, Family Code;
1364	1314		(C) an offense under:
1365	1315		(i) Section 21.02 or 21.11, Penal Code;
1366	1316		(ii) Chapter 22, Penal Code, if the victim
1367	1317		of the alleged offense is younger than 17 years of age;
1368	1318		(iii) Section 25.02, Penal Code, if the
1369	1319		victim of the alleged offense is younger than 17 years of age;
1370	1320		(iv) Section 25.06, Penal Code;
1371	1321		(v) Section 43.25, Penal Code; or
1372	1322		(vi) Section 20A.02(a)(7), 20A.02(a)(8),
1373	1323		or 20A.03, Penal Code;
1374	1324		(D) an offense described by Article 62.001(6)(C)
1375	1325		or (D), Code of Criminal Procedure; and
1376	1326		(E) criminal actions against persons who are
1377	1327		detained as provided by Section 51.12, Family Code, after transfer
1378	1328		for prosecution in criminal court under Section 54.02, Family Code;
1379	1329		(3) election contests and suits under the Election
1380	1330		Code;
1381	1331		(4) orders for the protection of the family under
1382	1332		Subtitle B, Title 4, Family Code;
1383	1333		(5) appeals of final rulings and decisions of the
1384	1334		division of workers' compensation of the Texas Department of
1385	1335		Insurance regarding workers' compensation claims and claims under
1386	1336		the Federal Employers' Liability Act and the Jones Act;
1387	1337		(6) appeals of final orders of the commissioner of the
1388	1338		General Land Office under Section 51.3021, Natural Resources Code;
1389	1339		(7) actions in which the claimant has been diagnosed
1390	1340		with malignant mesothelioma, other malignant asbestos-related
1391	1341		cancer, malignant silica-related cancer, or acute silicosis; and
1392	1342		(8) appeals brought under Section 42.01 or 42.015, Tax
1393	1343		Code, of orders of appraisal review boards of appraisal districts
1394	1344		established for counties with a population of less than 175,000.
1395	1345		(b-1) Except for a criminal case in which the death penalty
1396	1346		has been or may be assessed or when it would otherwise interfere
1397	1347		with a constitutional right, the trial courts of this state shall
1398	1348		prioritize over any other proceeding pending or filed in the court a
1399	1349		proceeding for injunctive relief under Chapter 273, Election Code,
1400	1350		pending or filed in the court on or after the 120th day before a
1401	1351		general or special election.
1402	1352		ARTICLE 8. INELIGIBLE VOTERS AND RELATED REFORMS
1403	1353		SECTION 8.01. Chapter 42, Code of Criminal Procedure, is
1404	1354		amended by adding Article 42.0194 to read as follows:
1405	1355		Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
1406	1356		trial of a felony offense, if the defendant is 18 years of age or
1407	1357		older and is adjudged guilty of the offense, the court shall:
1408	1358		(1) make an affirmative finding that the person has
1409	1359		been found guilty of a felony and enter the affirmative finding in
1410	1360		the judgment of the case; and
1411	1361		(2) instruct the defendant regarding how the felony
1412	1362		conviction will impact the defendant's right to vote in this state.
1413	1363		SECTION 8.02. Article 42.01, Code of Criminal Procedure, as
1414	1364		effective September 1, 2021, is amended by adding Section 16 to read
1415	1365		as follows:
1416	1366		Sec. 16. In addition to the information described by
1417	1367		Section 1, the judgment should reflect the affirmative finding and
1418	1368		instruction entered pursuant to Article 42.0194.
1419	1369		ARTICLE 9. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
1420	1370		SECTION 9.01. The following provisions of the Election Code
1421	1371		are repealed:
1422	1372		(1) Section 85.062(e); and
1423	1373		(2) Section 127.201(f).
1424	1374		SECTION 9.02. If any provision of this Act or its
1425	1375		application to any person or circumstance is held invalid, the
1426	1376		invalidity does not affect other provisions or applications of this
1427	1377		Act that can be given effect without the invalid provision or
1428	1378		application, and to this end the provisions of this Act are declared
1429	1379		to be severable.
1430	1380		SECTION 9.03. (a) Except as otherwise provided by this Act,
1431	1381		the changes in law made by this Act apply only to an offense
1432	1382		committed on or after the effective date of this Act. An offense
1433	1383		committed before the effective date of this Act is governed by the
1434	1384		law in effect when the offense was committed, and the former law is
1435	1385		continued in effect for that purpose. For purposes of this section,
1436	1386		an offense was committed before the effective date of this Act if
1437	1387		any element of the offense occurred before that date.
1438	1388		(b) The changes in law made by this Act apply only to an
1439	1389		election ordered on or after the effective date of this Act. An
1440	1390		election ordered before the effective date of this Act is governed
1441	1391		by the law in effect when the election was ordered, and the former
1442	1392		law is continued in effect for that purpose.
1443	1393		(c) The changes in law made by this Act apply only to an
1444	1394		election contest for which the associated election occurred after
1445	1395		the effective date of this Act.
1446	1396		(d) The changes in law made by this Act apply only to an
1447	1397		application to vote an early voting ballot by mail submitted on or
1448	1398		after the effective date of this Act. An application to vote an
1449	1399		early voting ballot by mail submitted before the effective date of
1450	1400		this Act is governed by the law in effect when the application was
1451	1401		submitted, and the former law is continued in effect for that
1452	1402		purpose.
1453	1403		(e) The changes in law made by this Act apply only to an
1454	1404		application for voter registration submitted on or after the
1455	1405		effective date of this Act.
1456	1406		SECTION 9.04. This Act takes effect immediately if it
1457	1407		receives a vote of two-thirds of all the members elected to each
1458	1408		house, as provided by Section 39, Article III, Texas Constitution.
1459	1409		If this Act does not receive the vote necessary for immediate
1460	1410		effect, this Act takes effect on the 91st day after the last day of
1461	1411		the legislative session.
	1412	+	* * * * *