By: Hughes, et al. S.B. No. 1
A BILL TO BE ENTITLED
AN ACT
relating to election integrity and security, including by
preventing fraud in the conduct of elections in this state;
increasing criminal penalties; creating criminal offenses;
providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REGISTRATION OF VOTERS
SECTION 1.01. Section 13.002, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The information required under Subsections (c)(3),
(4), (5), (6), and (8) must be supplied by the person desiring to
register to vote.
SECTION 1.02. Section 15.021, Election Code, is amended by
amending Subsections (b) and (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(b) Except as provided by Subsection (d), the [The] voter
shall use the registration certificate or a registration
application form as the notice, indicating the correct information
in the appropriate space on the certificate or application form
unless the voter does not have possession of the certificate or an
application form at the time of giving the notice.
(d) A voter [who continues to reside in the county in which
the voter is registered] may correct information under this section
by digital transmission of the information under a program
administered by the secretary of state and the Department of
Information Resources.
(d-1) If the notice indicates that a voter no longer resides
in the county in which the voter is registered, the registrar shall
forward the notice and the voter's original application for
registration to the registrar of the county in which the voter
resides. The registrars shall coordinate to ensure that the
voter's existing registration is canceled immediately after the
voter is registered in the county in which the voter resides in
accordance with Subsection (d-2).
(d-2) A registrar who receives a voter's notice and
application from another registrar under Subsection (d-1) shall
treat it as an original application for registration under Section
13.002, and shall register the voter if the voter resides in the
county and is otherwise eligible under Section 13.001.
SECTION 1.03. Section 15.028, Election Code, is amended to
read as follows:
Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
PROSECUTOR]. [(a)] If the registrar determines that a person who
is not eligible to vote registered to vote or [a registered voter]
voted in an election, the registrar shall execute and deliver to the
attorney general, the secretary of state, and the county or
district attorney having jurisdiction in the territory covered by
the election an affidavit stating the relevant facts.
[(b) If the election covers territory in more than one
county, the registrar shall also deliver an affidavit to the
attorney general.]
SECTION 1.04. Section 16.0332, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (d), and (e)
to read as follows:
(a) After the registrar receives notification [a list]
under Subsection (a-1) of this section, Section 18.068 of this
code, or Section 62.113, Government Code, of persons excused or
disqualified from jury service because of citizenship status or
notification of persons who indicate a lack of citizenship status
in connection with a motor vehicle or Department of Public Safety
record as provided by Subsection (a-1), the registrar shall deliver
to each registered voter whose name appears on the list a written
notice requiring the voter to submit to the registrar proof of
United States citizenship in the form of a certified copy of the
voter's birth certificate, United States passport, or certificate
of naturalization or any other form prescribed by the secretary of
state. The notice shall be delivered by forwardable mail to the
mailing address on the voter's registration application and to any
new address of the voter known to the registrar.
(a-1) The secretary of state shall enter into an agreement
with the Department of Public Safety under which information in the
existing statewide computerized voter registration list is
compared against information in the database of the Department of
Public Safety on a monthly basis to verify the accuracy of
citizenship status information previously provided on voter
registration applications. In comparing information under this
subsection, the secretary of state shall consider only a voter's
information in the database of the Department of Public Safety that
was derived from documents presented by the voter to the department
after the person's current voter registration became effective, and
may not consider information derived from documents presented by
the voter to the department before the person's current voter
registration became effective.
(d) The secretary of state shall prescribe rules for the
administration of this section.
(e) Not later than December 31 of each year, the secretary
of state shall provide a report to the legislature of the number of
voter registrations canceled under this section during the calendar
year.
SECTION 1.05. Section 18.068, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The secretary of state shall quarterly compare the
information received under Section 16.001 of this code and Sections
[Section] 62.113 and 62.114, Government Code, to the statewide
computerized voter registration list. If the secretary determines
that a voter on the registration list is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen or a resident of the county in which the voter is registered
to vote, the secretary shall send notice of the determination to:
(1) the voter registrar of the counties considered
appropriate by the secretary; and
(2) the attorney general, who shall quarterly review
the information to investigate whether a person has committed an
offense under Section 13.007 or other law.
(a-1) The secretary of state is not required to send notice
under Subsection (a) for a voter who is subject to an exemption from
jury service under Section 62.106, Government Code, if that
exemption is the only reason the voter is excused from jury service.
SECTION 1.06. Section 31.006, Election Code, is amended to
read as follows:
Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
(a) If, after receiving or discovering information indicating that
[a complaint alleging] criminal conduct in connection with an
election has occurred, the secretary of state determines that there
is reasonable cause to suspect that [the alleged] criminal conduct
occurred, the secretary shall promptly refer the information
[complaint] to the attorney general. The secretary shall deliver
to the attorney general all pertinent documents and information in
the secretary's possession.
(b) The documents and information submitted under
Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination that
the information [complaint] received does not warrant an
investigation; or
(2) if referred to the attorney general, the attorney
general has completed the investigation or has made a determination
that the information [complaint] referred does not warrant an
investigation.
SECTION 1.07. Section 62.113(b), Government Code, is
amended to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the attorney general and the county or district
attorney[, as applicable,] for an investigation of whether the
person committed an offense under Section 13.007, Election Code, or
other law.
SECTION 1.08. Sections 62.114(b) and (c), Government Code,
are amended to read as follows:
(b) On the third business day of each month, the clerk shall
send [to the voter registrar of the county] a copy of the list of
persons excused or disqualified in the previous month because the
persons do not reside in the county to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the attorney general and the county or district
attorney for an investigation of whether the person committed an
offense under Section 13.007, Election Code, or other law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
15.081 or 18.068, Election Code.
ARTICLE 2. CONDUCT AND SECURITY OF ELECTIONS
SECTION 2.01. Section 43.031, Election Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (b-2) to
read as follows:
(b) Each polling place shall be located inside a building.
Except as provided by Subsection (b-1), a polling place may not be
located in a tent or similar temporary moveable structure or in a
facility primarily designed for motor vehicles. No voter may cast a
vote from inside a motor vehicle unless the voter meets the
requirements of Section 64.009.
(b-1) A polling place may be located in a tent or similar
temporary moveable structure if:
(1) a building selected for a polling place is later
determined by the county commissioners court to be not reasonably
accessible due to fire, flood, or other natural disaster rendering
the building unsafe for public use;
(2) a suitable substitute building is not available;
and
(3) the tent or similar temporary moveable structure
is adjacent to the building described by Subdivision (1).
(b-2) If the county commissioners court makes a
determination described by Subsection (b-1)(1):
(1) the determination is valid only for the next
scheduled election; and
(2) the court shall send a record of that
determination to the secretary of state as soon as practicable.
SECTION 2.02. Section 61.002, Election Code, is amended to
read as follows:
Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
(a) Immediately before opening the polls for voting on the first
day of early voting and on election day, the presiding election
judge or alternate election judge shall confirm that each voting
machine has any public counter reset to zero and shall print the
tape that shows the counter was set to zero for each candidate or
measure on the ballot.
(b) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
(c) Immediately after closing the polls for voting on
election day, the presiding election judge or alternate election
judge shall print the tape to show the number of votes cast for each
candidate or ballot measure for each voting machine.
(d) Each election judge or alternate election judge present
shall sign a tape printed under this section.
SECTION 2.03. Section 64.007(c), Election Code, is amended
to read as follows:
(c) An election officer shall maintain a register of spoiled
ballots at the polling place, including spoiled ballots from a
direct recording electronic voting unit. An election officer shall
enter on the register the name of each voter who returns a spoiled
ballot and the spoiled ballot's number. The secretary of state
shall create and promulgate a form to be used for this purpose.
SECTION 2.04. Subchapter A, Chapter 65, Election Code, is
amended by adding Section 65.017 to read as follows:
Sec. 65.017. VOTE TABULATING EQUIPMENT. Beginning January
1, 2024, equipment to tabulate votes may not be used if any wireless
connectivity capability of the equipment has not been disabled or
removed.
SECTION 2.05. Subchapter A, Chapter 66, Election Code, is
amended by adding Section 66.004 to read as follows:
Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
shall adopt rules and create a checklist or similar guidelines to
assist the presiding judge of a polling place in processing forms
and conducting procedures required by this code at the closing of
the polling place.
SECTION 2.06. Section 66.052, Election Code, is amended to
read as follows:
Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
(a) A delivery of election records or supplies that is to be
performed by the presiding judge may be performed by an election
clerk designated by the presiding judge.
(b) If the presiding judge of a polling place designates a
clerk to deliver election supplies, the presiding judge shall
attest to the designation, and the clerk shall attest to the clerk's
acceptance of the responsibility. The secretary of state shall
create and promulgate a form to facilitate compliance with this
section.
SECTION 2.07. Section 85.005, Election Code, is amended to
read as follows:
Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
as provided by Subsection (c), in an election in which a county
clerk [or city secretary] is the early voting clerk under Section
83.002 [or 83.005], early voting by personal appearance at the main
early voting polling place shall be conducted on each weekday of
[the weekdays of] the early voting period that is not a legal state
holiday and for a period of at least nine hours, except that voting
may not be conducted earlier than 6 a.m. or later than 9 p.m.
[during the hours that the county clerk's or city secretary's main
business office is regularly open for business.]
(b) In an election to which Subsection (a) does not apply,
early voting by personal appearance at the main early voting
polling place shall be conducted at least nine [eight] hours each
weekday of the early voting period that is not a legal state holiday
unless the territory covered by the election has fewer than 1,000
registered voters. In that case, the voting shall be conducted at
least four [three] hours each day. The authority ordering the
election, or the county clerk if that person is the early voting
clerk, shall determine which hours the voting is to be conducted.
(c) In a county with a population of 30,000 [100,000] or
more, the voting in a primary election or the general election for
state and county officers shall be conducted at the main early
voting polling place for at least 12 hours on each weekday of the
last week of the early voting period, and the voting in a special
election ordered by the governor shall be conducted at the main
early voting polling place for at least 12 hours on each of the last
two days of the early voting period. Voting under this subsection
may not be conducted earlier than 6 a.m. or later than 9 p.m. Voting
shall be conducted in accordance with this subsection in those
elections in a county with a population under 30,000 [100,000] on
receipt by the early voting clerk of a written request for the
extended hours submitted by at least 15 registered voters of the
county. The request must be submitted in time to enable compliance
with Section 85.067.
(d) A voter who has not voted before the scheduled time for
closing a polling place is entitled to vote after that time if the
voter is in line at the polling place by closing time. The
secretary of state shall promulgate any materials and provide any
training to presiding judges necessary to properly process voters
under this subsection [In an election ordered by a city, early
voting by personal appearance at the main early voting polling
place shall be conducted for at least 12 hours:
[(1) on one weekday, if the early voting period
consists of less than six weekdays; or
[(2) on two weekdays, if the early voting period
consists of six or more weekdays].
SECTION 2.08. Sections 85.006(b) and (e), Election Code,
are amended to read as follows:
(b) In an election in which a county clerk [or city
secretary] is the early voting clerk under Section 83.002 [or
83.005], only the early voting clerk may order voting on a Saturday
or Sunday. The clerk must do so by written order.
(e) In a primary election or the general election for state
and county officers in a county with a population of 30,000
[100,000] or more, the early voting clerk shall order voting by
personal appearance [voting] at the main early voting polling place
to be conducted on the last Saturday of the early voting period for
at least 12 hours, except that voting may not be conducted earlier
than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
last Sunday of the early voting period for at least six [five]
hours, except that voting may not be conducted earlier than 6 a.m.
or later than 9 p.m [on the last Sunday of the early voting period].
The early voting clerk shall order voting to be conducted at those
times in those elections in a county with a population under 30,000
[100,000] on receipt of a written request for those hours submitted
by at least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.007. This
subsection supersedes any provision of this subchapter to the
extent of any conflict.
SECTION 2.09. Section 85.010(a-1), Election Code, is
amended to read as follows:
(a-1) In this section, "eligible county polling place"
means an early voting polling place[, other than a polling place
established under Section 85.062(e),] established by a county.
SECTION 2.10. Section 85.061, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) In a countywide election in which the county clerk is
the early voting clerk under Section 83.002, an early voting
polling place shall be located inside [at] each branch office that
is regularly maintained for conducting general clerical functions
of the county clerk, except as provided by Subsection (b). If a
suitable room is unavailable inside the branch office, the polling
place may be located in another room inside the same building as the
branch office. Except as provided by Subsection (a-1), the polling
place may not be located in a tent or similar temporary moveable
structure or a parking garage, parking lot, or similar facility
designed primarily for motor vehicles.
(a-1) An early voting polling place may be located in a tent
or similar temporary moveable structure if:
(1) a building selected for an early voting polling
place is later determined by the county commissioners court to be
not reasonably accessible due to fire, flood, or other natural
disaster rendering the building unsafe for public use;
(2) a suitable substitute building is not available;
and
(3) the tent or similar temporary moveable structure
is adjacent to the building described by Subdivision (1).
(a-2) If the county commissioners court makes a
determination described by Subsection (a-1)(1):
(1) the determination is valid only for the next
scheduled election; and
(2) the court shall send a record of that
determination to the secretary of state as soon as practicable.
SECTION 2.11. Section 85.062, Election Code, is amended by
amending Subsection (b) and adding Subsections (b-1), (b-2), and
(f-1) to read as follows:
(b) A polling place established under this section may be
located, subject to Subsection (d), at any place in the territory
served by the early voting clerk and may be located inside [in] any
building [stationary structure] as directed by the authority
establishing the branch office. Except as provided by Subsection
(b-1), the [The] polling place may not be located in a tent or
similar temporary movable structure or a parking garage, parking
lot, or similar facility designed primarily for motor vehicles in
the general election for state and county officers, general primary
election, or runoff primary election. Ropes or other suitable
objects may be used at the polling place to ensure compliance with
Section 62.004. Persons who are not expressly permitted by law to
be in a polling place shall be excluded from the polling place to
the extent practicable.
(b-1) A temporary branch polling place may be located in a
tent or similar temporary moveable structure if:
(1) a building selected for a temporary branch polling
place is later determined by the county commissioners court to be
not reasonably accessible due to fire, flood, or other natural
disaster rendering the building unsafe for public use;
(2) a suitable substitute building is not available;
and
(3) the tent or similar temporary moveable structure
is adjacent to the building described by Subdivision (1).
(b-2) If the county commissioners court makes a
determination described by Subsection (b-1)(1):
(1) the determination is valid only for the next
scheduled election; and
(2) the court shall send a record of that
determination to the secretary of state as soon as practicable.
(f-1) Notwithstanding any other provision of this section
concerning the location of temporary branch polling places, in an
election in which countywide polling places are used, the
commissioners court of a county shall employ the same methodology
it uses to determine the location of countywide polling places to
determine the location of temporary branch polling places.
SECTION 2.12. Section 124.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Voting system ballots may not be arranged in a manner
that allows a political party's candidates to be selected in one
motion or gesture.
SECTION 2.13. Section 127.1232, Election Code, is amended
to read as follows:
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
custodian of election records shall post a licensed peace officer
[guard] to ensure the security of ballot boxes containing voted
ballots throughout the period of tabulation at the central counting
station.
(b) The general custodian of election records in a county
with a population of less than 100,000 may, and the general
custodian of election records in a county with a population of
100,000 or more shall, implement a video surveillance system that
retains a record of all areas containing voted ballots:
(1) from the time the voted ballots are delivered to
the central counting station until the canvass of precinct election
returns; and
(2) from the time the voted ballots are delivered to
the signature verification committee or early voting ballot board
until the canvass of precinct election returns.
(c) A video from a system implemented under Subsection (b)
may be made available to the public by a livestream in a county with
a population of less than 100,000, and shall be made available to
the public by a livestream in a county with a population of 100,000
or more.
(d) The video recorded is an election record under Section
1.012 and shall be retained by the general custodian of election
records until the end of the calendar year in which an election is
held or until an election contest filed in the county has been
resolved, whichever is later.
ARTICLE 3. ELECTION OFFICERS AND OBSERVERS
SECTION 3.01. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. TRAINING MANUAL. (a) The secretary of state
shall publish and maintain a training manual for watchers and shall
make the manual available on the secretary of state's Internet
website.
(b) An appointing authority must provide each watcher
appointed by the authority with a copy of the training manual
maintained under this section.
SECTION 3.02. Section 33.051, Election Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) An election officer commits an offense if the officer
intentionally or knowingly refuses to accept a watcher for service
when acceptance of the watcher is required by this section. An
offense under this subsection is a Class A misdemeanor.
(h) Before accepting a watcher, the officer presented with a
watcher's certificate of appointment shall require the watcher to
take the following oath, administered by the officer: "I swear (or
affirm) that I will not disrupt the voting process or harass voters
in the discharge of my duties."
SECTION 3.03. Section 33.056, Election Code, is amended by
amending Subsection (a) and adding Subsections (e) and (f) to read
as follows:
(a) Except as provided by Section 33.057, a watcher is
entitled to observe any activity conducted at the location at which
the watcher is serving. A watcher is entitled to sit or stand
[conveniently] near enough to see and hear the election officers
conducting the observed activity, except as otherwise prohibited by
this chapter.
(e) Except as provided by Section 33.057(b), a watcher may
not be denied free movement where election activity is occurring
within the location at which the watcher is serving.
(f) In this code, a watcher who is entitled to "observe" an
election activity is entitled to sit or stand near enough to see and
hear the activity.
SECTION 3.04. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.0605 to read as follows:
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
(a) A watcher appointed to serve at a polling place in an election
who is available at the time of the action may observe all election
activities relating to closing the polling place, including the
sealing and transfer of a memory card, flash drive, hard drive, data
storage device, or other medium now existing or later developed
used by the voting system equipment.
(b) Notwithstanding any other provision of this code, a
watcher duly accepted for service at a polling location is entitled
to follow the transfer of election materials from the polling place
at which the watcher was accepted to a regional tabulating center,
the central counting station, or any other location designated to
process election materials. The authority responsible for
administering a regional tabulating center or another location
where election materials are processed must accept duly appointed
watchers for service in the same manner a watcher is accepted for
service under Section 33.051 and must accept the same number of
watchers that may serve under Section 33.007(a).
SECTION 3.05. Section 33.061(a), Election Code, is amended
to read as follows:
(a) A person commits an offense if the person serves in an
official capacity at a location at which the presence of watchers is
authorized and knowingly prevents a watcher from observing an
activity or procedure the person knows the watcher is entitled to
observe, including by taking any action to obstruct the view of a
watcher or distance the watcher from the activity or procedure to be
observed in a manner that would make observation not reasonably
effective.
SECTION 3.06. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.063 to read as follows:
Sec. 33.063. RELIEF. (a) A watcher, or the appointing
authority for a watcher, who believes that the watcher was
unlawfully prevented or obstructed from the performance of the
watcher's duties may seek:
(1) injunctive relief under Section 273.081,
including issuance of temporary orders;
(2) a writ of mandamus under Section 161.009 or
273.061; and
(3) any other remedy available under law.
(b) The relief provided by this section is available to a
state inspector appointed under Chapter 34 or any other election
inspector authorized by law.
SECTION 3.07. Section 86.006, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-2) to read as
follows:
(a) A marked ballot voted under this chapter must be
returned to the early voting clerk in the official carrier
envelope. The carrier envelope may be delivered in another
envelope and must be transported and delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsections [Subsection] (a-1) and
(a-2), in-person delivery by the voter who voted the ballot.
(a-2) An in-person delivery of a marked ballot voted under
this chapter must be received by an election official at the time of
delivery. The receiving official shall record the voter's name,
signature, and type of identification provided under Section
63.0101 on a roster prescribed by the secretary of state. The
receiving official shall attest on the roster that the delivery
complies with this section.
SECTION 3.08. Chapter 121, Election Code, is amended by
adding Section 121.004 to read as follows:
Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
PUBLIC INFORMATION. Except as provided by Sections 552.110 and
552.1101, Government Code, a written letter, e-mail, or other
communication, including a communication made confidential by
other law, between a public official and a voting systems vendor:
(1) is not confidential;
(2) is public information for purposes of Chapter 552,
Government Code; and
(3) is not subject to an exception to disclosure
provided by Chapter 552, Government Code.
SECTION 3.09. Subchapter A, Chapter 127, Election Code, is
amended by adding Section 127.009 to read as follows:
Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING
STATION. (a) A counting station manager and the presiding judge of
the counting station shall develop a protocol under which any
electronic device inside a central counting station that is
necessary to count votes is equipped with software that tracks all
input and activity on the electronic device.
(b) The counting station manager and the presiding judge of
the counting station shall ensure that the input and activity
tracked by the software is printed and delivered to the secretary of
state not later than the fifth day after vote counting is complete.
(c) This section applies only to a central counting station
located in a county with a population of 250,000 or more.
SECTION 3.10. Section 127.1301, Election Code, is amended
to read as follows:
Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING]
CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
OVERVOTES]. (a) In an election using centrally counted optical
scan ballots, the undervotes and overvotes on those ballots shall
be tallied, tabulated, and reported by race and by election
precinct in the form and manner prescribed by the secretary of
state.
(b) After January 1, 2024, an authority operating a central
counting station under this chapter may not purchase or use a
centrally counted optical ballot scan system that uses a data
storage disc on which information, once written, is capable of
being modified.
SECTION 3.11. Section 127.131, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters at the close of tabulation for election day and again after
the central counting station meets for the last time to process
late-arriving ballots by mail and provisional ballots. The
secretary of state shall create and promulgate rules and a form to
facilitate compliance with this subsection. The form shall be
posted on a website maintained by the county along with election
returns and results.
SECTION 3.12. Section 129.023, Election Code, is amended by
adding Subsections (b-2) and (c-1) to read as follows:
(b-2) If the test is being conducted for an election in
which a county election board has been established under Section
51.002, the general custodian of election records shall notify each
member of the board of the test at least 48 hours before the date of
the test. If the county election board chooses to witness the test,
each member shall sign the statement required by Subsection (e)(1).
(c-1) A test conducted under this section must also require
the general custodian of election records to demonstrate, using a
representative sample of voting system equipment, that the source
code of the equipment has not been altered.
ARTICLE 4. VOTING BY MAIL
SECTION 4.01. Section 84.001(b), Election Code, is amended
to read as follows:
(b) An application must be submitted in writing and signed
by the applicant using ink on paper. An electronic signature or
photocopied signature is not permitted.
SECTION 4.02. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0011 to read as follows:
Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS
PROHIBITED. The early voting clerk may make no attempt to solicit a
person to complete an application for an early voting ballot by
mail, whether directly or through a third party.
SECTION 4.03. Section 84.002, Election Code, as effective
September 1, 2021, is amended by amending Subsection (a) and adding
Subsection (b-1) to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot;
(6) an indication of the ground of eligibility for
early voting; and
(7) for an application for a ballot to be voted by mail
on the ground of involuntary civil commitment, the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
(b-1) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for the purpose of fulfilling the requirement
under Subsection (a)(1-a) if the license or identification is
otherwise valid.
SECTION 4.04. Section 84.011(a), Election Code, as
effective September 1, 2021, is amended to read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail or involuntary civil commitment
to indicate that the address to which the ballot is to be mailed is
the address of a relative described by Section 84.002(a)(4) or (7),
if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 4.05. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a)
Except as provided by Subsection (c) or as otherwise authorized by
this code, an officer or employee of this state or of a political
subdivision of this state may not distribute an application form
for an early voting ballot to a person who did not request an
application under Section 84.001.
(b) An officer or employee of this state or of a political
subdivision of this state may not use public funds to facilitate the
distribution by another person of an application form for an early
voting ballot to a person who did not request an application under
Section 84.001.
(c) A political party or a candidate for office may
distribute an application form for an early voting ballot to a
person who did not request an application under Section 84.001.
SECTION 4.06. Section 84.032(c), Election Code, is amended
to read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.0271(b) or 87.0411(b).
SECTION 4.07. Section 84.035, Election Code, is amended to
read as follows:
Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early
voting clerk cancels an application by an applicant to whom an early
voting ballot has been sent, the clerk shall:
(1) remove the applicant's name from the early voting
roster; and
(2) make any other entries in the records and take any
other action necessary to prevent the ballot from being counted if
returned.
(b) An election judge may permit a person to whom an early
voting ballot has been sent who cancels the person's application
for a ballot to be voted by mail in accordance with Section 84.032
but fails to return the ballot to be voted by mail to the early
voting clerk, deputy early voting clerk, or presiding judge as
provided by that section to vote only a provisional ballot under
Section 63.011.
SECTION 4.08. Section 86.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the information required under Section
84.002(a)(1-a) included on the application does not match the
information on the applicant's application for voter registration
under Section 13.002(c)(8), the clerk shall reject the application.
SECTION 4.09. Section 86.002, Election Code, is amended by
adding Subsections (g), (h), and (i) to read as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for purposes of Subsection (g) if the license
or identification is otherwise valid.
(i) No record associating an individual voter with a ballot
may be created.
SECTION 4.10. Section 86.011(c), Election Code, is amended
to read as follows:
(c) If the return is not timely, the clerk shall enter the
time of receipt on the carrier envelope and retain it in a locked
container for the period for preserving the precinct election
records. The clerk shall destroy the unopened envelope and its
contents after the preservation period.
SECTION 4.11. Section 87.027(i), Election Code, is amended
to read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any
known signature [two or more signatures] of the voter [made within
the preceding six years and] on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 4.12. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.027, the signature verification
committee may:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the signature verification committee takes an action
described by Subsection (b), the committee must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 4.13. Section 87.041, Election Code, is amended by
amending Subsections (b) and (e) and adding Subsection (d-1) to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the information required under Section 86.002(g)
provided by the voter identifies the same voter identified on the
voter's application for voter registration under Section
13.002(c)(8).
(d-1) If a voter provides the information required under
Section 86.002(g) and it identifies the same voter identified on
the voter's application for voter registration under Section
13.002(c)(8), the signature on the ballot application and on the
carrier envelope certificate shall be rebuttably presumed to be the
signatures of the voter.
(e) In making the determination under Subsection (b)(2), to
determine whether the signatures are those of the voter, the board
may also compare the signatures with any known signature [two or
more signatures] of the voter [made within the preceding six years
and] on file with the county clerk or voter registrar [to determine
whether the signatures are those of the voter].
SECTION 4.14. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.041, the early voting ballot
board may:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the early voting ballot board takes an action
described by Subsection (b), the board must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 4.15. Section 87.0431(b), Election Code, is amended
to read as follows:
(b) The early voting clerk shall, not later than the 30th
day after election day, deliver notice to the attorney general,
including certified copies of the carrier envelope and
corresponding ballot application, of any ballot rejected because:
(1) the voter was deceased;
(2) the voter already voted in person in the same
election;
(3) the signatures on the carrier envelope and ballot
application were not executed by the same person;
(4) the carrier envelope certificate lacked a witness
signature; [or]
(5) the carrier envelope certificate was improperly
executed by an assistant; or
(6) the early voting ballot board or the signature
verification committee determined that another violation of the
Election Code occurred.
SECTION 4.16. Sections 87.062(a) and (c), Election Code,
are amended to read as follows:
(a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the containers [container] for the early voting ballots that
are to be counted by the board, remove the contents from each [the]
container, and remove any ballots enclosed in ballot envelopes from
their envelopes.
(c) Ballots voted by mail shall be tabulated and stored
separately from the ballots voted by personal appearance and shall
be separately reported on the returns [The results of all early
voting ballots counted by the board under this subchapter shall be
included in the same return].
SECTION 4.17. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The early voting electronic system ballots counted at a central
counting station, the ballots cast at precinct polling places, and
the ballots voted by mail shall be tabulated separately [from the
ballots cast at precinct polling places] and shall be separately
reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
SECTION 4.18. Section 87.126, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Electronic records made under this section shall
record both sides of any application, envelope, or ballot recorded,
and all such records shall be provided to the early voting ballot
board, the signature verification committee, or both.
SECTION 4.19. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.128 to read as follows:
Sec. 87.128. NOTES. Each member of an early voting ballot
board and each member of a signature verification committee is
entitled to take and keep any notes reasonably necessary to perform
the member's duties under this chapter.
ARTICLE 5. ASSISTANCE OF VOTERS
SECTION 5.01. Section 64.009, Election Code, is amended by
amending Subsection (b) and adding Subsections (e), (f), (f-1),
(g), and (h) to read as follows:
(b) The regular voting procedures, except those in
Subchapter B, may be modified by the election officer to the extent
necessary to conduct voting under this section.
(e) Except as provided by Section 33.057, a poll watcher is
entitled to observe any activity conducted under this section.
(f) A person who simultaneously assists three or more voters
voting under this section by providing the voters with
transportation to the polling place must complete and sign a form,
provided by an election officer, that contains the person's name
and address and whether the person is providing assistance solely
under this section or under both this section and Subchapter B.
(f-1) Subsection (f) does not apply if the person is related
to each voter within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code.
(g) A form completed under Subsection (f) shall be delivered
to the secretary of state as soon as practicable. The secretary
shall retain a form delivered under this section for the period for
preserving the precinct election records and shall make the form
available to the attorney general for inspection upon request.
(h) The secretary of state shall prescribe the form
described by Subsection (f).
SECTION 5.02. Section 64.031, Election Code, is amended to
read as follows:
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
eligible to receive assistance in marking or reading the ballot, as
provided by this subchapter, if the voter cannot prepare or read the
ballot because of:
(1) a physical disability that renders the voter
unable to write or see; or
(2) an inability to read the language in which the
ballot is written.
SECTION 5.03. Subchapter B, Chapter 64, Election Code, is
amended by adding Section 64.0322 to read as follows:
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person, other than an election officer, who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the relationship to the voter of the person
assisting the voter; and
(3) whether the person assisting the voter received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee.
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
SECTION 5.04. Section 64.034, Election Code, is amended to
read as follows:
Sec. 64.034. OATH. A person, other than an election
officer, selected to provide assistance to a voter must take the
following oath, administered by an election officer at the polling
place, before providing assistance:
"I swear (or affirm) under penalty of perjury that the voter I
am assisting represented to me they are eligible to receive
assistance; I will not suggest, by word, sign, or gesture, how the
voter should vote; [I will confine my assistance to answering the
voter's questions, to stating propositions on the ballot, and to
naming candidates and, if listed, their political parties;] I will
prepare the voter's ballot as the voter directs; I did not
encourage, pressure, or coerce the voter into choosing me to
provide assistance; [and] I am not the voter's employer, an agent of
the voter's employer, or an officer or agent of a labor union to
which the voter belongs; I will not communicate information about
how the voter has voted to another person; and I understand that if
assistance is provided to a voter who is not eligible for
assistance, the voter's ballot may not be counted."
SECTION 5.05. Sections 86.010(e), (h), and (i), Election
Code, are amended to read as follows:
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter on the official carrier envelope of the
voter:
(1) the person's signature, printed name, and
residence address;
(2) the relationship of the person providing the
assistance to the voter; and
(3) whether the person received or accepted any form
of compensation or other benefit from a candidate, campaign, or
political committee in exchange for providing assistance [on the
official carrier envelope of the voter].
(h) Subsection (f) does not apply to:
(1) a violation of Subsection (c), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, or was physically living in the same
dwelling as the voter at the time of the event; or
(2) a violation of Subsection (e), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code.
(i) An offense under this section for a violation of
Subsection (c) is increased to the next higher category of offense
if it is shown on the trial of an offense under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
SECTION 5.06. Section 86.013(b), Election Code, is amended
to read as follows:
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
[and]
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
and
(3) indicating the relationship of that person to the
voter.
ARTICLE 6. FRAUD AND OTHER UNLAWFUL PRACTICES
SECTION 6.01. Chapter 63, Election Code, is amended by
adding Section 63.0111 to read as follows:
Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
An election judge commits an offense if the judge knowingly
provides a voter with a form for an affidavit required by Section
63.001 if the form contains information that the judge entered on
the form knowing it was false.
(b) An offense under this section is a state jail felony.
SECTION 6.02. Sections 276.004(a) and (b), Election Code,
are amended to read as follows:
(a) A person commits an offense if, with respect to another
person over whom the person has authority in the scope of
employment, the person knowingly:
(1) refuses to permit the other person to be absent
from work on election day or while early voting is in progress for
the purpose of attending the polls to vote; or
(2) subjects or threatens to subject the other person
to a penalty for attending the polls on election day or while early
voting is in progress to vote.
(b) It is an exception to the application of this section
that the person's conduct occurs in connection with an election in
which the polls are open on election day or while early voting is in
progress for voting for two consecutive hours outside of the
voter's working hours.
SECTION 6.03. Chapter 276, Election Code, is amended by
adding Sections 276.015, 276.016, and 276.017 to read as follows:
Sec. 276.015. VOTE HARVESTING. (a) In this section and in
Section 276.016:
(1) "Benefit" means anything reasonably regarded as a
gain or advantage, including a promise or offer of employment, a
political favor, or an official act of discretion, whether to a
person or another party whose welfare is of interest to the person.
(2) "Vote harvesting services" means in-person
interaction with one or more voters, in the physical presence of an
official ballot, a ballot voted by mail, or an application for
ballot by mail, intended to deliver votes for a specific candidate
or measure.
(b) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide vote
harvesting services in exchange for compensation or other benefit.
(c) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide
compensation or other benefit to another person in exchange for
vote harvesting services.
(d) A person commits an offense if the person knowingly
collects or possesses a mail ballot or official carrier envelope in
connection with vote harvesting services.
(e) This section does not apply to:
(1) an activity not performed in exchange for
compensation or a benefit;
(2) interactions that do not directly involve an
official ballot, ballot by mail, or an application for ballot by
mail;
(3) interactions that are not conducted in-person with
a voter; or
(4) activity that is not designed to deliver votes for
or against a specific candidate or measure.
(f) In this section, compensation in exchange for vote
harvesting services is inferred if a person who performed vote
harvesting services for a candidate or campaign solicits, receives,
or is offered compensation from the candidate or campaign, directly
or through a third party, for services other than vote harvesting
services provided.
(g) An offense under this section is a felony of the third
degree.
(h) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(i) Records necessary to investigate an offense under this
section or any other section of this code shall be provided by an
election officer in an unredacted form to a law enforcement officer
upon request. Records obtained under this subsection are not
subject to public disclosure.
Sec. 276.016. CIVIL LIABILITY FOR VOTE HARVESTING. (a) A
person who is shown by a preponderance of the evidence to have
violated Section 276.015 is civilly liable to any candidate or
political party who suffers harm from the vote harvesting services
for damages and penalties that may be awarded under Subsection (c).
(b) A person is harmed by the vote harvesting services if
the person can demonstrate that:
(1) the person has standing to seek relief; and
(2) the liable party violated Section 276.015.
(b-1) To establish standing under this section, a person is
not required to demonstrate that the vote harvesting services
successfully delivered votes for a specific candidate or measure,
but must demonstrate that:
(1) the vote harvesting services were intended to
deliver votes for a specific candidate or measure; and
(2) the person opposed the candidate or measure in the
person's capacity as a candidate or political party.
(c) A party who prevails in an action under this section may
recover damages in an amount including any or all of:
(1) the amount of compensation paid to or received by a
party in exchange for vote harvesting services;
(2) the fair market value of any benefit given or
received in exchange for vote harvesting services;
(3) a penalty in the amount of $35,000; or
(4) reasonable and necessary attorney's fees, court
costs, witness fees, and discovery costs.
(d) A party who is a candidate for office who prevails in an
action under this section and shows that the number of voters
contacted by the vote harvesting activity exceeds the number of
votes by which the party lost the election shall recover damages in
an amount including any or all of:
(1) the party's campaign expenditures properly filed
on a campaign finance report in connection with the election; or
(2) any fees and expenses incurred by the party in
filing and securing a place on the ballot.
(e) A person who commits an offense under Section 276.015
and is found civilly liable, including by vicarious liability,
under this chapter or other law for any amount of damages arising
from the vote harvesting services is jointly liable with any other
defendant for the entire amount of damages arising from the vote
harvesting services.
(f) The cause of action created by this section is
cumulative of any other remedy provided by common law or statute.
(g) Rules applicable to a party's access to election records
under Chapter 231 or 232 apply to a cause of action under this
section.
(h) The expedited actions process created by Rule 169, Texas
Rules of Civil Procedure, does not apply to an action under this
section.
(i) Chapter 27, Civil Practice and Remedies Code, does not
apply to a cause of action under this section.
(j) A cause of action under this section may be brought in
the county where any element of a violation under Section 276.015
occurred, or where any part of the vote harvesting services
occurred.
(k) This section shall be liberally construed and applied to
promote its underlying purpose to protect candidates and the voting
public from unlawful vote harvesting and provide an efficient and
economical remedy to secure that protection.
Sec. 276.017. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
public official may not create, alter, modify, waive, or suspend
any election standard, practice, or procedure mandated by law or
rule in a manner not expressly authorized by this code.
ARTICLE 7. ENFORCEMENT
SECTION 7.01. Section 18.065, Election Code, is amended by
amending Subsection (a) and adding Subsections (e), (f), and (g) to
read as follows:
(a) The secretary of state shall monitor each registrar for
substantial compliance with Sections 15.083, 16.032, 16.0332, and
18.061 and with rules implementing the statewide computerized voter
registration list.
(e) A registrar shall correct a violation within 30 days of
a notice under Subsection (b). If a registrar fails to correct the
violation within 30 days of a notice under Subsection (b), the
secretary of state shall:
(1) correct the violation on behalf of the registrar;
and
(2) notify the attorney general that the registrar
failed to correct a violation under this subsection.
(f) A county served by a registrar who fails to correct a
violation under Subsection (e) is liable to this state for a civil
penalty of $1,000 for each violation corrected by the secretary of
state under that subsection. The attorney general may bring an
action to recover a civil penalty imposed under this section.
(g) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
SECTION 7.02. Subchapter E, Chapter 31, Election Code, is
amended by adding Sections 31.128 and 31.129 to read as follows:
Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this
section, "election official" means:
(1) a county clerk;
(2) a permanent or temporary deputy county clerk;
(3) an elections administrator;
(4) a permanent or temporary employee of an elections
administrator;
(5) an election judge;
(6) an alternate election judge;
(7) an early voting clerk;
(8) a deputy early voting clerk;
(9) an election clerk;
(10) the presiding judge of an early voting ballot
board;
(11) the alternate presiding judge of an early voting
ballot board;
(12) a member of an early voting ballot board;
(13) the chair of a signature verification committee;
(14) the vice chair of a signature verification
committee;
(15) a member of a signature verification committee;
(16) the presiding judge of a central counting
station;
(17) the alternate presiding judge of a central
counting station;
(18) a central counting station manager;
(19) a central counting station clerk;
(20) a tabulation supervisor; and
(21) an assistant to a tabulation supervisor.
(b) A person may not serve as an election official if the
person has been finally convicted of an offense under this code.
Sec. 31.129. CIVIL PENALTY. (a) In this section, "election
official" has the meaning assigned by Section 31.128.
(b) An election official may be liable to this state for a
civil penalty if the official:
(1) is employed by or is an officer of this state or a
political subdivision of this state; and
(2) violates a provision of this code.
(c) A civil penalty imposed under this section may include
termination of the person's employment and loss of the person's
employment benefits.
SECTION 7.03. Section 232.006(a), Election Code, is amended
to read as follows:
(a) The venue of an election contest for a statewide office
is in Travis County or any county where a contestee resided at the
time of the election. For purposes of this section, a contestee's
residence is determined under Section 411.0257, Government Code.
SECTION 7.04. Sections 232.008(b), (c), and (d), Election
Code, are amended to read as follows:
(b) Except as provided by Subsection (c), a contestant must
file the petition not later than the later of the 45th [30th] day
after the date the election records are publicly available under
Section 1.012 or the official result of the contested election is
determined.
(c) A contestant must file the petition not later than the
later of the 15th [10th] day after the date the election records are
publicly available under Section 1.012 or the official result is
determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
(d) A contestant must deliver, electronically or otherwise,
a copy of the petition to the secretary of state by the same
deadline prescribed for the filing of the petition.
SECTION 7.05. Chapter 232, Election Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
applies to an election contest in which the contestant alleges in
the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge violated any of the following
sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
Sec. 232.062. DAMAGES. (a) If it is shown by a
preponderance of the evidence that a contestee, an agent of the
contestee, or a person acting on behalf of the contestee with the
contestee's knowledge committed one or more violations of a section
described by Section 232.061, the contestee is liable to the
contestant for damages in an amount of $1,000 for each violation.
(b) Notwithstanding Section 41.004(a), Civil Practice and
Remedies Code, a court shall award damages under Subsection (a) to
the contestant irrespective of whether the contestant is awarded
actual damages.
Sec. 232.063. ATTORNEY'S FEES. In an election contest to
which this subchapter applies, the court may award reasonable
attorney's fees to the prevailing party.
SECTION 7.06. Section 273.061, Election Code, is amended to
read as follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a
court of appeals may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the
holding of an election or a political party convention, regardless
of whether the person responsible for performing the duty is a
public officer.
(b) The court of criminal appeals may issue a writ of
mandamus to compel the performance of any duty imposed by law in
connection with the provision, sequestration, transfer, or
impoundment of evidence in or records relating to a criminal
investigation conducted under this code or conducted in connection
with the conduct of an election or political party convention. If a
writ of mandamus is issued under this subsection, it shall include
an order requiring the provision, sequestration, transfer, or
impoundment of the evidence or record.
SECTION 7.07. Subchapter D, Chapter 22, Government Code, is
amended by adding Section 22.304 to read as follows:
Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
The supreme court, the court of criminal appeals, or a court of
appeals shall prioritize over any other proceeding pending or filed
in the court a proceeding for injunctive relief or for a writ of
mandamus under Chapter 273, Election Code, pending or filed in the
court on or after the 120th day before a general or special
election.
(b) If granted, oral argument for a proceeding described by
Subsection (a) may be given in person or through electronic means.
SECTION 7.08. Section 23.101, Government Code, is amended
by amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Except as provided by Subsection (b-1), the [The] trial
courts of this state shall regularly and frequently set hearings
and trials of pending matters, giving preference to hearings and
trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code;
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02(a)(7), 20A.02(a)(8),
or 20A.03, Penal Code;
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure; and
(E) criminal actions against persons who are
detained as provided by Section 51.12, Family Code, after transfer
for prosecution in criminal court under Section 54.02, Family Code;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
(b-1) Except for a criminal case in which the death penalty
has been or may be assessed or when it would otherwise interfere
with a constitutional right, the trial courts of this state shall
prioritize over any other proceeding pending or filed in the court a
proceeding for injunctive relief under Chapter 273, Election Code,
pending or filed in the court on or after the 120th day before a
general or special election.
ARTICLE 8. INELIGIBLE VOTERS AND RELATED REFORMS
SECTION 8.01. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0194 to read as follows:
Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
trial of a felony offense, if the defendant is 18 years of age or
older and is adjudged guilty of the offense, the court shall:
(1) make an affirmative finding that the person has
been found guilty of a felony and enter the affirmative finding in
the judgment of the case; and
(2) instruct the defendant regarding how the felony
conviction will impact the defendant's right to vote in this state.
SECTION 8.02. Article 42.01, Code of Criminal Procedure, as
effective September 1, 2021, is amended by adding Section 16 to read
as follows:
Sec. 16. In addition to the information described by
Section 1, the judgment should reflect the affirmative finding and
instruction entered pursuant to Article 42.0194.
ARTICLE 9. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
SECTION 9.01. The following provisions of the Election Code
are repealed:
(1) Section 85.062(e); and
(2) Section 127.201(f).
SECTION 9.02. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
SECTION 9.03. (a) Except as otherwise provided by this Act,
the changes in law made by this Act apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
(b) The changes in law made by this Act apply only to an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
(c) The changes in law made by this Act apply only to an
election contest for which the associated election occurred after
the effective date of this Act.
(d) The changes in law made by this Act apply only to an
application to vote an early voting ballot by mail submitted on or
after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
(e) The changes in law made by this Act apply only to an
application for voter registration submitted on or after the
effective date of this Act.
SECTION 9.04. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.