Texas 2021 - 87th 2nd C.S.

Texas House Bill HB3 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20111 TSS-D
2	2	By: Murr H.B. No. 3
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election integrity and security, including by
8	8	preventing fraud in the conduct of elections in this state;
9	9	increasing criminal penalties; creating criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. GENERAL PROVISIONS
12	12	SECTION 1.01. SHORT TITLE. This Act may be cited as the
13	13	Election Integrity Protection Act of 2021.
14	14	SECTION 1.02. PURPOSE. The purpose of this Act is to
15	15	exercise the legislature's constitutional authority under Section
16	16	4, Article VI, Texas Constitution, to make all laws necessary to
17	17	detect and punish fraud.
18	18	SECTION 1.03. FINDINGS. The legislature finds that:
19	19	(1) full, free, and fair elections are the
20	20	underpinnings of a stable constitutional democracy;
21	21	(2) fraud in elections threatens the stability of a
22	22	constitutional democracy by undermining public confidence in the
23	23	legitimacy of public officers chosen by election;
24	24	(3) reforms are needed to the election laws of this
25	25	state to ensure that fraud does not undermine the public confidence
26	26	in the electoral process;
27	27	(4) the reforms to the election laws of this state made
28	28	by this Act are not intended to impair the right of free suffrage
29	29	guaranteed to the people of Texas by the United States and Texas
30	30	Constitutions, but are enacted solely to prevent fraud in the
31	31	electoral process and ensure that all legally cast ballots are
32	32	counted. Integral to the right to vote is the assurance of voter
33	33	access and the right for all votes legally cast to be counted;
34	34	(5) additionally, preventing a valid vote from being
35	35	counted violates the basic constitutional rights guaranteed to each
36	36	citizen by the United States Constitution; and
37	37	(6) providing for voter access and increasing the
38	38	stability of a constitutional democracy ensures public confidence
39	39	in the legitimacy of public officers chosen by election.
40	40	SECTION 1.04. Chapter 1, Election Code, is amended by
41	41	adding Section 1.0015 to read as follows:
42	42	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
43	43	legislature that the application of this code and the conduct of
44	44	elections be uniform and consistent throughout this state to reduce
45	45	the likelihood of fraud in the conduct of elections, protect the
46	46	secrecy of the ballot, promote voter access, and ensure that all
47	47	legally cast ballots are counted.
48	48	SECTION 1.05. Section 1.003, Election Code, is amended by
49	49	adding Subsection (a-1) to read as follows:
50	50	(a-1) Election officials and other public officials shall
51	51	strictly construe the provisions of this code to effect the intent
52	52	of the legislature under Section 1.0015.
53	53	SECTION 1.06. Section 1.018, Election Code, is amended to
54	54	read as follows:
55	55	Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to
56	56	Section 1.03, Penal Code, and to other titles of the Penal Code that
57	57	may apply to this code, Titles 2 and [Title] 4, Penal Code, apply
58	58	[applies] to offenses prescribed by this code.
59	59	ARTICLE 2. REGISTRATION OF VOTERS
60	60	SECTION 2.01. Section 13.002, Election Code, is amended by
61	61	adding Subsection (c-1) to read as follows:
62	62	(c-1) The information required under Subsection (c) must be
63	63	supplied by the person desiring to register to vote.
64	64	SECTION 2.02. Section 15.021, Election Code, is amended by
65	65	amending Subsections (b) and (d) and adding Subsections (d-1) and
66	66	(d-2) to read as follows:
67	67	(b) Except as provided by Subsection (d), the [The] voter
68	68	shall use the registration certificate or a registration
69	69	application form as the notice, indicating the correct information
70	70	in the appropriate space on the certificate or application form
71	71	unless the voter does not have possession of the certificate or an
72	72	application form at the time of giving the notice.
73	73	(d) A voter [who continues to reside in the county in which
74	74	the voter is registered] may correct information under this section
75	75	by digital transmission of the information under a program
76	76	administered by the secretary of state and the Department of
77	77	Information Resources.
78	78	(d-1) If the notice indicates that a voter no longer resides
79	79	in the county in which the voter is registered, the registrar shall
80	80	forward the notice and the voter's original application for
81	81	registration to the registrar of the county in which the voter
82	82	resides. The registrars shall coordinate to ensure that the
83	83	voter's existing registration is canceled immediately after the
84	84	voter is registered in the county in which the voter resides in
85	85	accordance with Subsection (d-2).
86	86	(d-2) A registrar who receives a voter's notice and
87	87	application from another registrar under Subsection (d-1) shall
88	88	treat it as an original application for registration under Section
89	89	13.002, and shall register the voter if the voter resides in the
90	90	county and is otherwise eligible under Section 13.001.
91	91	SECTION 2.03. Section 15.028, Election Code, is amended to
92	92	read as follows:
93	93	Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
94	94	PROSECUTOR]. [(a)] If the registrar determines that a person who
95	95	is not eligible to vote either registered to vote or [a registered
96	96	voter] voted in an election, the registrar shall execute and
97	97	deliver to the attorney general, the secretary of state, and the
98	98	county or district attorney having jurisdiction in the territory
99	99	covered by the election an affidavit stating the relevant facts.
100	100	[(b) If the election covers territory in more than one
101	101	county, the registrar shall also deliver an affidavit to the
102	102	attorney general.]
103	103	ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS
104	104	SECTION 3.01. Section 2.053(a), Election Code, is amended
105	105	to read as follows:
106	106	(a) On receipt of the certification, the governing body of
107	107	the political subdivision by order or ordinance shall [may] declare
108	108	each unopposed candidate elected to the office. If no election is to
109	109	be held on election day by the political subdivision, a copy of the
110	110	order or ordinance shall be posted on election day at each polling
111	111	place used or that would have been used in the election.
112	112	SECTION 3.02. Section 2.056(c), Election Code, is amended
113	113	to read as follows:
114	114	(c) A certifying authority shall [may] declare a candidate
115	115	elected to an office of the state or county government if, were the
116	116	election held, only the votes cast for that candidate in the
117	117	election for that office may be counted.
118	118	SECTION 3.03. Sections 43.007(c) and (d), Election Code,
119	119	are amended to read as follows:
120	120	(c) In conducting the program, the secretary of state shall
121	121	provide for an audit of the voting system equipment [direct
122	122	recording electronic voting units] before and after the election,
123	123	and during the election to the extent such an audit is practicable.
124	124	(d) The secretary of state shall select to participate in
125	125	the program each county that:
126	126	(1) has held a public hearing under Subsection (b);
127	127	(2) has submitted documentation listing the steps
128	128	taken to solicit input on participating in the program by
129	129	organizations or persons who represent the interests of voters;
130	130	(3) has implemented a computerized voter registration
131	131	list that allows an election officer at the polling place to verify
132	132	that a voter has not previously voted in the election;
133	133	(4) uses direct recording electronic voting machines,
134	134	ballot marking devices, or hand-marked scannable paper ballots that
135	135	are printed and scanned at the polling place or any other type of
136	136	voting system equipment that the secretary of state determines is
137	137	capable of processing votes for each type of ballot to be voted in
138	138	the county; and
139	139	(5) is determined by the secretary of state to have the
140	140	appropriate technological capabilities.
141	141	SECTION 3.04. Section 43.031(b), Election Code, is amended
142	142	to read as follows:
143	143	(b) Each polling place shall be located inside a building.
144	144	No voter may cast a vote from inside a motor vehicle unless the
145	145	voter meets the requirements of Section 64.009.
146	146	SECTION 3.05. Section 52.092(a), Election Code, is amended
147	147	to read as follows:
148	148	(a) Except as provided by Section 2.053(c) or 2.056(e), for
149	149	[For] an election at which offices regularly filled at the general
150	150	election for state and county officers are to appear on the ballot,
151	151	the offices shall be listed in the following order:
152	152	(1) offices of the federal government;
153	153	(2) offices of the state government:
154	154	(A) statewide offices;
155	155	(B) district offices;
156	156	(3) offices of the county government:
157	157	(A) county offices;
158	158	(B) precinct offices.
159	159	SECTION 3.06. Section 64.007(c), Election Code, is amended
160	160	to read as follows:
161	161	(c) An election officer shall maintain a register of spoiled
162	162	ballots at the polling place. An election officer shall enter on
163	163	the register the name of each voter who returns a spoiled ballot and
164	164	the spoiled ballot's number. The secretary of state shall create
165	165	and promulgate a form to be used for this purpose.
166	166	SECTION 3.07. Subchapter A, Chapter 66, Election Code, is
167	167	amended by adding Section 66.004 to read as follows:
168	168	Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
169	169	shall adopt rules and create a checklist or similar guidelines to
170	170	assist the presiding judge of a polling place in processing forms
171	171	and conducting procedures required by this code at the closing of
172	172	the polling place.
173	173	SECTION 3.08. Section 85.005, Election Code, is amended to
174	174	read as follows:
175	175	Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
176	176	as provided by Subsection (c), in an election in which a county
177	177	clerk [or city secretary] is the early voting clerk under Section
178	178	83.002 [or 83.005], early voting by personal appearance at the main
179	179	early voting polling place shall be conducted on each weekday of
180	180	[the weekdays of] the early voting period that is not a legal state
181	181	holiday and for a period of at least nine hours, except that voting
182	182	may not be conducted earlier than 6 a.m. or later than 10 p.m.
183	183	[during the hours that the county clerk's or city secretary's main
184	184	business office is regularly open for business.]
185	185	(b) In an election to which Subsection (a) does not apply,
186	186	early voting by personal appearance at the main early voting
187	187	polling place shall be conducted at least nine [eight] hours each
188	188	weekday of the early voting period that is not a legal state holiday
189	189	unless the territory covered by the election has fewer than 1,000
190	190	registered voters. In that case, the voting shall be conducted at
191	191	least four [three] hours each day. The authority ordering the
192	192	election, or the county clerk if that person is the early voting
193	193	clerk, shall determine which hours the voting is to be conducted.
194	194	(c) In a county with a population of 55,000 [100,000] or
195	195	more, the voting in a primary election or the general election for
196	196	state and county officers shall be conducted at the main early
197	197	voting polling place for at least 12 hours on each weekday of the
198	198	last week of the early voting period, and the voting in a special
199	199	election ordered by the governor shall be conducted at the main
200	200	early voting polling place for at least 12 hours on each of the last
201	201	two days of the early voting period. Voting under this subsection
202	202	may not be conducted earlier than 6 a.m. or later than 10 p.m.
203	203	Voting shall be conducted in accordance with this subsection in
204	204	those elections in a county with a population under 55,000
205	205	[100,000] on receipt by the early voting clerk of a written request
206	206	for the extended hours submitted by at least 15 registered voters of
207	207	the county. The request must be submitted in time to enable
208	208	compliance with Section 85.067.
209	209	(d) A voter who has not voted before the scheduled time for
210	210	closing a polling place is entitled to vote after that time if the
211	211	voter is in line at the polling place by closing time. The secretary
212	212	of state shall promulgate any materials and provide any training to
213	213	presiding judges necessary to properly process voters under this
214	214	subsection [In an election ordered by a city, early voting by
215	215	personal appearance at the main early voting polling place shall be
216	216	conducted for at least 12 hours:
217	217	[(1) on one weekday, if the early voting period
218	218	consists of less than six weekdays; or
219	219	[(2) on two weekdays, if the early voting period
220	220	consists of six or more weekdays].
221	221	SECTION 3.09. Sections 85.006(b) and (e), Election Code,
222	222	are amended to read as follows:
223	223	(b) In an election in which a county clerk [or city
224	224	secretary] is the early voting clerk under Section 83.002 [or
225	225	83.005], only the early voting clerk may order voting on a Saturday
226	226	or Sunday. The clerk must do so by written order.
227	227	(e) In a primary election or the general election for state
228	228	and county officers in a county with a population of 55,000
229	229	[100,000] or more, the early voting clerk shall order voting by
230	230	personal appearance [voting] at the main early voting polling place
231	231	to be conducted on the last Saturday of the early voting period for
232	232	at least 12 hours, except that voting may not be conducted earlier
233	233	than 6 a.m. or later than 10 p.m., [on the last Saturday] and on the
234	234	last Sunday of the early voting period for at least six [five]
235	235	hours, except that voting may not be conducted earlier than 9 a.m.
236	236	or later than 10 p.m [on the last Sunday of the early voting
237	237	period]. The early voting clerk shall order voting to be conducted
238	238	at those times in those elections in a county with a population
239	239	under 55,000 [100,000] on receipt of a written request for those
240	240	hours submitted by at least 15 registered voters of the county. The
241	241	request must be submitted in time to enable compliance with Section
242	242	85.007. This subsection supersedes any provision of this subchapter
243	243	to the extent of any conflict.
244	244	SECTION 3.10. Section 85.010(a-1), Election Code, is
245	245	amended to read as follows:
246	246	(a-1) In this section, "eligible county polling place"
247	247	means an early voting polling place[, other than a polling place
248	248	established under Section 85.062(e),] established by a county.
249	249	SECTION 3.11. Section 85.061(a), Election Code, is amended
250	250	to read as follows:
251	251	(a) In a countywide election in which the county clerk is
252	252	the early voting clerk under Section 83.002, an early voting
253	253	polling place shall be located inside [at] each branch office that
254	254	is regularly maintained for conducting general clerical functions
255	255	of the county clerk, except as provided by Subsection (b). If a
256	256	suitable room is unavailable inside the branch office, the polling
257	257	place may be located in another room inside the same building as the
258	258	branch office.
259	259	SECTION 3.12. Section 85.062, Election Code, is amended by
260	260	amending Subsection (b) and adding Subsection (f-1) to read as
261	261	follows:
262	262	(b) A polling place established under this section may be
263	263	located, subject to Subsection (d), at any place in the territory
264	264	served by the early voting clerk and may be located inside [in] any
265	265	building [stationary structure] as directed by the authority
266	266	establishing the branch office. The polling place may not be
267	267	located in a movable structure in the general election for state and
268	268	county officers, general primary election, or runoff primary
269	269	election. Ropes or other suitable objects may be used at the
270	270	polling place to ensure compliance with Section 62.004. Persons
271	271	who are not expressly permitted by law to be in a polling place
272	272	shall be excluded from the polling place to the extent practicable.
273	273	(f-1) Notwithstanding any other provision of this section
274	274	concerning the location of temporary branch polling places, in an
275	275	election in which countywide polling places are used, the
276	276	commissioners court of a county shall employ the same methodology
277	277	it uses to determine the location of countywide polling places to
278	278	determine the location of temporary branch polling places.
279	279	SECTION 3.13. Section 124.002, Election Code, is amended by
280	280	adding Subsection (c) to read as follows:
281	281	(c) Voting system ballots may not be arranged in a manner
282	282	that allows a political party's candidates to be selected in one
283	283	motion or gesture.
284	284	ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
285	285	SECTION 4.01. Section 32.075, Election Code, is amended by
286	286	adding Subsections (g) and (h) to read as follows:
287	287	(g) A presiding judge may not have a watcher duly accepted
288	288	for service under Subchapter A, Chapter 33, removed from the
289	289	polling place for violating a provision of this code, the Penal
290	290	Code, or any other provision of law relating to the conduct of
291	291	elections, unless the violation was observed by an election judge
292	292	or clerk after the watcher was previously warned that the watcher's
293	293	conduct violated the law.
294	294	(h) Notwithstanding Subsection (g), a presiding judge may
295	295	call a law enforcement officer to request that a poll watcher be
296	296	removed if the poll watcher commits a breach of the peace or a
297	297	violation of law.
298	298	SECTION 4.02. Subchapter A, Chapter 33, Election Code, is
299	299	amended by adding Section 33.0015 to read as follows:
300	300	Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
301	301	purpose of this chapter is to preserve the integrity of the ballot
302	302	box in accordance with Section 4, Article VI, Texas Constitution,
303	303	by providing for the appointment of watchers. It is the intent of
304	304	the legislature that watchers duly accepted for service under this
305	305	chapter be allowed to observe and report on irregularities in the
306	306	conduct of any election, but may not interfere in the orderly
307	307	conduct of an election. To effect that purpose, a watcher appointed
308	308	under this chapter shall observe without obstructing the conduct of
309	309	an election and call to the attention of an election officer any
310	310	observed or suspected irregularity or violation of law in the
311	311	conduct of the election.
312	312	SECTION 4.03. Section 33.051, Election Code, is amended by
313	313	adding Subsections (g) and (h) to read as follows:
314	314	(g) An election officer commits an offense if the officer
315	315	intentionally or knowingly refuses to accept a watcher for service
316	316	when acceptance of the watcher is required by this section. An
317	317	offense under this subsection is a Class B misdemeanor.
318	318	(h) Before accepting a watcher, the officer presented with a
319	319	watcher's certificate of appointment shall require the watcher to
320	320	take the following oath, administered by the officer: "I swear (or
321	321	affirm) that I will not disrupt the voting process or harass voters
322	322	in the discharge of my duties."
323	323	SECTION 4.04. Section 33.056, Election Code, is amended by
324	324	amending Subsection (a) and adding Subsections (e) and (f) to read
325	325	as follows:
326	326	(a) Except as provided by Section 33.057, a watcher is
327	327	entitled to observe any activity conducted at the location at which
328	328	the watcher is serving. A watcher is entitled to sit or stand
329	329	[conveniently] near enough to see and hear the election officers
330	330	conducting the observed activity, except as otherwise prohibited by
331	331	this chapter.
332	332	(e) Except as provided by Section 33.057(b), a watcher may
333	333	not be denied free movement where election activity is occurring
334	334	within the location at which the watcher is serving.
335	335	(f) In this code, a watcher who is entitled to "observe" an
336	336	election activity is entitled to sit or stand near enough to see and
337	337	hear the activity.
338	338	SECTION 4.05. Subchapter C, Chapter 33, Election Code, is
339	339	amended by adding Section 33.0605 to read as follows:
340	340	Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
341	341	(a) A watcher appointed to serve at a polling place in an election
342	342	who is available at the time of the action may observe all election
343	343	activities relating to closing the polling place, including the
344	344	sealing and transfer of a memory card, flash drive, hard drive, data
345	345	storage device, or other medium now existing or later developed
346	346	used by the voting system equipment.
347	347	(b) Notwithstanding any other provision of this code, a
348	348	watcher duly accepted for service at a polling location is entitled
349	349	to follow the transfer of election materials from the polling place
350	350	at which the watcher was accepted to a regional tabulating center,
351	351	the central counting station, or any other location designated to
352	352	process election materials. The authority responsible for
353	353	administering a regional tabulating center or another location
354	354	where election materials are processed must accept duly appointed
355	355	watchers for service in the same manner a watcher is accepted for
356	356	service under Section 33.051 and must accept the same number of
357	357	watchers that may serve under Section 33.007(a).
358	358	SECTION 4.06. Section 33.061(a), Election Code, is amended
359	359	to read as follows:
360	360	(a) A person commits an offense if the person serves in an
361	361	official capacity at a location at which the presence of watchers is
362	362	authorized and knowingly prevents a watcher from observing an
363	363	activity or procedure the person knows the watcher is entitled to
364	364	observe, including by taking any action to obstruct the view of a
365	365	watcher or distance the watcher from the activity or procedure to be
366	366	observed in a manner that would make observation not reasonably
367	367	effective.
368	368	SECTION 4.07. Subchapter C, Chapter 33, Election Code, is
369	369	amended by adding Section 33.063 to read as follows:
370	370	Sec. 33.063. RELIEF. The appointing authority for a
371	371	watcher who believes that the watcher was unlawfully prevented or
372	372	obstructed from the performance of the watcher's duties may seek:
373	373	(1) injunctive relief under Section 273.081,
374	374	including issuance of temporary orders;
375	375	(2) a writ of mandamus under Section 161.009 or
376	376	273.061; and
377	377	(3) any other remedy available under law.
378	378	SECTION 4.08. Section 34.005, Election Code, is amended to
379	379	read as follows:
380	380	Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The
381	381	secretary of state may refer a reported violation of law for
382	382	appropriate action to the attorney general, if the attorney general
383	383	has jurisdiction, or to a prosecuting attorney having jurisdiction.
384	384	(b) If the secretary of state believes that a state
385	385	inspector was unlawfully prevented or obstructed from the
386	386	performance of the inspector's duties, the secretary of state may
387	387	seek:
388	388	(1) injunctive relief under Section 273.081,
389	389	including issuance of temporary orders;
390	390	(2) a writ of mandamus under Section 161.009 or
391	391	273.061; and
392	392	(3) any other remedy available under law.
393	393	SECTION 4.09. Section 86.006, Election Code, is amended by
394	394	amending Subsection (a) and adding Subsection (a-2) to read as
395	395	follows:
396	396	(a) A marked ballot voted under this chapter must be
397	397	returned to the early voting clerk in the official carrier
398	398	envelope. The carrier envelope may be delivered in another
399	399	envelope and must be transported and delivered only by:
400	400	(1) mail;
401	401	(2) common or contract carrier; or
402	402	(3) subject to Subsections [Subsection] (a-1) and
403	403	(a-2), in-person delivery by the voter who voted the ballot.
404	404	(a-2) An in-person delivery of a marked ballot voted under
405	405	this chapter must be received by an election official at the time of
406	406	delivery. The receiving official shall record the voter's name,
407	407	signature, and type of identification provided under Section
408	408	63.0101 on a roster prescribed by the secretary of state. The
409	409	receiving official shall attest on the roster that the delivery
410	410	complies with this section.
411	411	SECTION 4.10. Section 129.023, Election Code, is amended by
412	412	adding Subsections (b-2) and (c-1) to read as follows:
413	413	(b-2) If the test is being conducted for an election in
414	414	which a county election board has been established under Section
415	415	51.002, the general custodian of election records shall notify each
416	416	member of the board of the test at least 48 hours before the date of
417	417	the test. If the county election board chooses to witness the test,
418	418	each member shall sign the statement required by Subsection (e)(1).
419	419	(c-1) A test conducted under this section must also require
420	420	the general custodian of election records to demonstrate, using a
421	421	representative sample of voting system equipment, that the source
422	422	code of the equipment has not been altered.
423	423	ARTICLE 5. VOTING BY MAIL
424	424	SECTION 5.01. Section 84.001(b), Election Code, is amended
425	425	to read as follows:
426	426	(b) Subject to Section 1.011, an [An] application must be
427	427	submitted in writing and signed by the applicant using ink on paper.
428	428	An electronic signature or photocopied signature is not permitted.
429	429	SECTION 5.02. Section 84.002, Election Code, as effective
430	430	September 1, 2021, is amended by amending Subsection (a) and adding
431	431	Subsection (d) to read as follows:
432	432	(a) An early voting ballot application must include:
433	433	(1) the applicant's name and the address at which the
434	434	applicant is registered to vote;
435	435	(1-a) the following information:
436	436	(A) the number of the applicant's driver's
437	437	license or personal identification card issued by the Department of
438	438	Public Safety;
439	439	(B) if the applicant has not been issued a number
440	440	described by Paragraph (A), the last four digits of the applicant's
441	441	social security number; or
442	442	(C) a statement by the applicant that the
443	443	applicant has not been issued a number described by Paragraph (A) or
444	444	(B);
445	445	(2) for an application for a ballot to be voted by mail
446	446	on the ground of absence from the county of residence, the address
447	447	outside the applicant's county of residence to which the ballot is
448	448	to be mailed;
449	449	(3) for an application for a ballot to be voted by mail
450	450	on the ground of age or disability, the address of the hospital,
451	451	nursing home or other long-term care facility, or retirement
452	452	center, or of a person related to the applicant within the second
453	453	degree by affinity or the third degree by consanguinity, as
454	454	determined under Chapter 573, Government Code, if the applicant is
455	455	living at that address and that address is different from the
456	456	address at which the applicant is registered to vote;
457	457	(4) for an application for a ballot to be voted by mail
458	458	on the ground of confinement in jail, the address of the jail or of a
459	459	person related to the applicant within the degree described by
460	460	Subdivision (3);
461	461	(5) for an application for a ballot to be voted by mail
462	462	on any ground, an indication of each election for which the
463	463	applicant is applying for a ballot;
464	464	(6) an indication of the ground of eligibility for
465	465	early voting; and
466	466	(7) for an application for a ballot to be voted by mail
467	467	on the ground of involuntary civil commitment, the address of the
468	468	facility operated by or under contract with the Texas Civil
469	469	Commitment Office or of a person related to the applicant within the
470	470	degree of consanguinity described by Subdivision (3).
471	471	(d) A person may use the number of a driver's license or
472	472	personal identification card that has expired for the purpose of
473	473	fulfilling the requirement under Subsection (a)(1-a) if the license
474	474	or identification is otherwise valid.
475	475	SECTION 5.03. Section 84.011(a), Election Code, as
476	476	effective September 1, 2021, is amended to read as follows:
477	477	(a) The officially prescribed application form for an early
478	478	voting ballot must include:
479	479	(1) immediately preceding the signature space the
480	480	statement: "I certify that the information given in this
481	481	application is true, and I understand that giving false information
482	482	in this application is a crime.";
483	483	(2) a statement informing the applicant of the
484	484	offenses prescribed by Sections 84.003 and 84.004;
485	485	(3) spaces for entering an applicant's voter
486	486	registration number and county election precinct of registration,
487	487	with a statement informing the applicant that failure to furnish
488	488	that information does not invalidate the application;
489	489	(3-a) a space for entering the information required
490	490	under Section 84.002(a)(1-a); and
491	491	(4) on an application for a ballot to be voted by mail:
492	492	(A) a space for an applicant applying on the
493	493	ground of absence from the county of residence to indicate the date
494	494	on or after which the applicant can receive mail at the address
495	495	outside the county;
496	496	(B) a space for indicating the fact that an
497	497	applicant whose application is signed by a witness cannot make the
498	498	applicant's mark and a space for indicating the relationship or
499	499	lack of relationship of the witness to the applicant;
500	500	(C) a space for entering an applicant's telephone
501	501	number, with a statement informing the applicant that failure to
502	502	furnish that information does not invalidate the application;
503	503	(D) a space or box for an applicant applying on
504	504	the ground of age or disability to indicate that the address to
505	505	which the ballot is to be mailed is the address of a facility or
506	506	relative described by Section 84.002(a)(3), if applicable;
507	507	(E) a space or box for an applicant applying on
508	508	the ground of confinement in jail or involuntary civil commitment
509	509	to indicate that the address to which the ballot is to be mailed is
510	510	the address of a relative described by Section 84.002(a)(4) or (7),
511	511	if applicable;
512	512	(F) a space for an applicant applying on the
513	513	ground of age or disability to indicate if the application is an
514	514	application under Section 86.0015;
515	515	(G) spaces for entering the signature, printed
516	516	name, and residence address of any person assisting the applicant;
517	517	(H) a statement informing the applicant of the
518	518	condition prescribed by Section 81.005; and
519	519	(I) a statement informing the applicant of the
520	520	requirement prescribed by Section 86.003(c).
521	521	SECTION 5.04. Section 84.032(c), Election Code, is amended
522	522	to read as follows:
523	523	(c) An applicant may submit a request after the close of
524	524	early voting by personal appearance by appearing in person and:
525	525	(1) returning the ballot to be voted by mail to the
526	526	early voting clerk; or
527	527	(2) executing an affidavit that the applicant:
528	528	(A) has not received the ballot to be voted by
529	529	mail; [or]
530	530	(B) never requested a ballot to be voted by mail;
531	531	or
532	532	(C) received notice of a defect under Section
533	533	87.0271(b) or 87.0411(b).
534	534	SECTION 5.05. Section 86.001, Election Code, is amended by
535	535	adding Subsection (f) to read as follows:
536	536	(f) If the information required under Section
537	537	84.002(a)(1-a) included on the application does not match the
538	538	information on the applicant's application for voter registration
539	539	under Section 13.002(c)(8), the clerk shall reject the application.
540	540	SECTION 5.06. Section 86.002, Election Code, is amended by
541	541	adding Subsections (g), (h), and (i) to read as follows:
542	542	(g) The carrier envelope must include a space that is hidden
543	543	from view when the envelope is sealed for the voter to enter the
544	544	following information:
545	545	(1) the number of the voter's driver's license or
546	546	personal identification card issued by the Department of Public
547	547	Safety;
548	548	(2) if the voter has not been issued a number described
549	549	by Subdivision (1), the last four digits of the voter's social
550	550	security number; or
551	551	(3) a statement by the applicant that the applicant
552	552	has not been issued a number described by Subdivision (1) or (2).
553	553	(h) A person may use the number of a driver's license or
554	554	personal identification card that has expired for purposes of
555	555	Subsection (g) if the license or identification is otherwise valid.
556	556	(i) No record associating an individual voter with a ballot
557	557	may be created.
558	558	SECTION 5.07. Section 86.011(c), Election Code, is amended
559	559	to read as follows:
560	560	(c) If the return is not timely, the clerk shall enter the
561	561	time of receipt on the carrier envelope and retain it in a locked
562	562	container for the period for preserving the precinct election
563	563	records. The clerk shall destroy the unopened envelope and its
564	564	contents after the preservation period.
565	565	SECTION 5.08. Section 87.027(i), Election Code, is amended
566	566	to read as follows:
567	567	(i) The signature verification committee shall compare the
568	568	signature on each carrier envelope certificate, except those signed
569	569	for a voter by a witness, with the signature on the voter's ballot
570	570	application to determine whether the signatures are those of the
571	571	voter. The committee may also compare the signatures with any
572	572	known signature [two or more signatures] of the voter [made within
573	573	the preceding six years and] on file with the county clerk or voter
574	574	registrar to determine whether the signatures are those of the
575	575	voter. Except as provided by Subsection (l), a determination under
576	576	this subsection that the signatures are not those of the voter must
577	577	be made by a majority vote of the committee's membership. The
578	578	committee shall place the jacket envelopes, carrier envelopes, and
579	579	applications of voters whose signatures are not those of the voter
580	580	in separate containers from those of voters whose signatures are
581	581	those of the voter. The committee chair shall deliver the sorted
582	582	materials to the early voting ballot board at the time specified by
583	583	the board's presiding judge.
584	584	SECTION 5.09. Subchapter B, Chapter 87, Election Code, is
585	585	amended by adding Section 87.0271 to read as follows:
586	586	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
587	587	VERIFICATION COMMITTEE. (a) This section applies to an early
588	588	voting ballot voted by mail:
589	589	(1) for which the voter did not sign the carrier
590	590	envelope certificate;
591	591	(2) for which it cannot immediately be determined
592	592	whether the signature on the carrier envelope certificate is that
593	593	of the voter;
594	594	(3) missing any required statement of residence; or
595	595	(4) containing incomplete information with respect to
596	596	a witness.
597	597	(b) Not later than the second business day after discovering
598	598	a defect described by Subsection (a) and before deciding whether to
599	599	accept or reject a timely delivered ballot under Section 87.027,
600	600	the signature verification committee shall:
601	601	(1) return the carrier envelope to the voter by mail,
602	602	if the signature verification committee determines that it would be
603	603	possible to correct the defect and return the carrier envelope
604	604	before the time the polls are required to close on election day; or
605	605	(2) notify the voter of the defect by telephone or
606	606	e-mail and inform the voter that the voter may request to have the
607	607	voter's application to vote by mail canceled in the manner
608	608	described by Section 84.032 or come to the early voting clerk's
609	609	office in person not later than the sixth day after election day to
610	610	correct the defect.
611	611	(c) If the signature verification committee takes an action
612	612	described by Subsection (b), the committee must take either action
613	613	described by that subsection with respect to each ballot in the
614	614	election to which this section applies.
615	615	(d) A poll watcher is entitled to observe an action taken
616	616	under Subsection (b).
617	617	(e) The secretary of state may prescribe any procedures
618	618	necessary to implement this section.
619	619	(f) Notwithstanding any other law, a ballot may not be
620	620	finally rejected for a reason listed in Section 87.041(b)(1), (2),
621	621	or (6) before the seventh day after election day.
622	622	SECTION 5.10. Section 87.041, Election Code, is amended by
623	623	amending Subsections (b) and (e) and adding Subsection (d-1) to
624	624	read as follows:
625	625	(b) A ballot may be accepted only if:
626	626	(1) the carrier envelope certificate is properly
627	627	executed;
628	628	(2) neither the voter's signature on the ballot
629	629	application nor the signature on the carrier envelope certificate
630	630	is determined to have been executed by a person other than the
631	631	voter, unless signed by a witness;
632	632	(3) the voter's ballot application states a legal
633	633	ground for early voting by mail;
634	634	(4) the voter is registered to vote, if registration
635	635	is required by law;
636	636	(5) the address to which the ballot was mailed to the
637	637	voter, as indicated by the application, was outside the voter's
638	638	county of residence, if the ground for early voting is absence from
639	639	the county of residence;
640	640	(6) for a voter to whom a statement of residence form
641	641	was required to be sent under Section 86.002(a), the statement of
642	642	residence is returned in the carrier envelope and indicates that
643	643	the voter satisfies the residence requirements prescribed by
644	644	Section 63.0011; [and]
645	645	(7) the address to which the ballot was mailed to the
646	646	voter is an address that is otherwise required by Sections 84.002
647	647	and 86.003; and
648	648	(8) the information required under Section 86.002(g)
649	649	provided by the voter matches the information on the voter's
650	650	application for voter registration under Section 13.002(c)(8).
651	651	(d-1) If a voter provides the information required under
652	652	Section 86.002(g) and it matches the information on the voter's
653	653	application for voter registration under Section 13.002(c)(8), the
654	654	signature on the ballot application and on the carrier envelope
655	655	certificate shall be rebuttably presumed to be the signatures of
656	656	the voter.
657	657	(e) In making the determination under Subsection (b)(2), to
658	658	determine whether the signatures are those of the voter, the board:
659	659	(1) shall request from the Department of Public Safety
660	660	any signature of the voter's on file with that department and
661	661	compare the signatures of the voter on the ballot application and
662	662	the carrier envelope certificate with any signature provided; and
663	663	(2) may also compare the signatures with any known
664	664	signature [two or more signatures] of the voter [made within the
665	665	preceding six years and] on file with the county clerk or voter
666	666	registrar [to determine whether the signatures are those of the
667	667	voter].
668	668	SECTION 5.11. Subchapter C, Chapter 87, Election Code, is
669	669	amended by adding Section 87.0411 to read as follows:
670	670	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
671	671	BALLOT BOARD. (a) This section applies to an early voting ballot
672	672	voted by mail:
673	673	(1) for which the voter did not sign the carrier
674	674	envelope certificate;
675	675	(2) for which it cannot immediately be determined
676	676	whether the signature on the carrier envelope certificate is that
677	677	of the voter;
678	678	(3) missing any required statement of residence; or
679	679	(4) containing incomplete information with respect to
680	680	a witness.
681	681	(b) Not later than the second business day after discovering
682	682	a defect described by Subsection (a) and before deciding whether to
683	683	accept or reject a timely delivered ballot under Section 87.041,
684	684	the early voting ballot board shall:
685	685	(1) return the carrier envelope to the voter by mail,
686	686	if the early voting ballot board determines that it would be
687	687	possible to correct the defect and return the carrier envelope
688	688	before the time the polls are required to close on election day; or
689	689	(2) notify the voter of the defect by telephone or
690	690	e-mail and inform the voter that the voter may request to have the
691	691	voter's application to vote by mail canceled in the manner
692	692	described by Section 84.032 or come to the early voting clerk's
693	693	office in person not later than the sixth day after election day to
694	694	correct the defect.
695	695	(c) If the early voting ballot board takes an action
696	696	described by Subsection (b), the board must take either action
697	697	described by that subsection with respect to each ballot in the
698	698	election to which this section applies.
699	699	(d) A poll watcher is entitled to observe an action taken
700	700	under Subsection (b).
701	701	(e) The secretary of state may prescribe any procedures
702	702	necessary to implement this section.
703	703	(f) Notwithstanding any other law, a ballot may not be
704	704	finally rejected for a reason listed in Section 87.041(b)(1), (2),
705	705	or (6) before the seventh day after election day.
706	706	SECTION 5.12. Section 87.0431(b), Election Code, is amended
707	707	to read as follows:
708	708	(b) The early voting clerk shall, not later than the 30th
709	709	day after election day, deliver notice to the attorney general,
710	710	including certified copies of the carrier envelope and
711	711	corresponding ballot application, of any ballot rejected because:
712	712	(1) the voter was deceased;
713	713	(2) the voter already voted in person in the same
714	714	election;
715	715	(3) the signatures on the carrier envelope and ballot
716	716	application were not executed by the same person;
717	717	(4) the carrier envelope certificate lacked a witness
718	718	signature; [or]
719	719	(5) the carrier envelope certificate was improperly
720	720	executed by an assistant; or
721	721	(6) the early voting ballot board or the signature
722	722	verification committee determined that another violation of the
723	723	Election Code occurred.
724	724	SECTION 5.13. Sections 87.062(a) and (c), Election Code,
725	725	are amended to read as follows:
726	726	(a) On the direction of the presiding judge, the early
727	727	voting ballot board, in accordance with Section 85.032(b), shall
728	728	open the containers [container] for the early voting ballots that
729	729	are to be counted by the board, remove the contents from each [the]
730	730	container, and remove any ballots enclosed in ballot envelopes from
731	731	their envelopes.
732	732	(c) Ballots voted by mail shall be tabulated and stored
733	733	separately from the ballots voted by personal appearance and shall
734	734	be separately reported on the returns [The results of all early
735	735	voting ballots counted by the board under this subchapter shall be
736	736	included in the same return].
737	737	SECTION 5.14. Section 87.103, Election Code, is amended to
738	738	read as follows:
739	739	Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
740	740	The early voting electronic system ballots counted at a central
741	741	counting station, the ballots cast at precinct polling places, and
742	742	the ballots voted by mail shall be tabulated separately [from the
743	743	ballots cast at precinct polling places] and shall be separately
744	744	reported on the returns.
745	745	(b) The early voting returns prepared at the central
746	746	counting station must include any early voting results obtained by
747	747	the early voting ballot board under Subchapter [Subchapters] D [and
748	748	E].
749	749	SECTION 5.15. Section 87.126, Election Code, is amended by
750	750	adding Subsection (a-1) to read as follows:
751	751	(a-1) Electronic records made under this section shall
752	752	record both sides of any application, envelope, or ballot recorded,
753	753	and all such records shall be provided to the early voting ballot
754	754	board, the signature verification committee, or both.
755	755	SECTION 5.16. Subchapter G, Chapter 87, Election Code, is
756	756	amended by adding Section 87.128 to read as follows:
757	757	Sec. 87.128. NOTES. Each member of an early voting ballot
758	758	board and each member of a signature verification committee is
759	759	entitled to take and keep any notes reasonably necessary to perform
760	760	the member's duties under this chapter.
761	761	ARTICLE 6. ASSISTANCE OF VOTERS
762	762	SECTION 6.01. Section 64.031, Election Code, is amended to
763	763	read as follows:
764	764	Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
765	765	eligible to receive assistance in marking or reading the ballot, as
766	766	provided by this subchapter, if the voter cannot prepare or read the
767	767	ballot because of:
768	768	(1) a physical disability that renders the voter
769	769	unable to write or see; or
770	770	(2) an inability to read the language in which the
771	771	ballot is written.
772	772	SECTION 6.02. Subchapter B, Chapter 64, Election Code, is
773	773	amended by adding Section 64.0322 to read as follows:
774	774	Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
775	775	person, other than an election officer, who assists a voter in
776	776	accordance with this chapter is required to complete a form
777	777	stating:
778	778	(1) the name and address of the person assisting the
779	779	voter;
780	780	(2) the relationship to the voter of the person
781	781	assisting the voter; and
782	782	(3) whether the person assisting the voter received or
783	783	accepted any form of compensation or other benefit from a
784	784	candidate, campaign, or political committee.
785	785	(b) The secretary of state shall prescribe the form required
786	786	by this section. The form must be incorporated into the official
787	787	carrier envelope if the voter is voting an early voting ballot by
788	788	mail and receives assistance under Section 86.010, or must be
789	789	submitted to an election officer at the time the voter casts a
790	790	ballot if the voter is voting at a polling place or under Section
791	791	64.009.
792	792	SECTION 6.03. Section 64.034, Election Code, is amended to
793	793	read as follows:
794	794	Sec. 64.034. OATH. A person, other than an election
795	795	officer, selected to provide assistance to a voter must take the
796	796	following oath, administered by an election officer at the polling
797	797	place, before providing assistance:
798	798	"I swear (or affirm) under penalty of perjury that the voter I
799	799	am assisting represented to me they are eligible to receive
800	800	assistance because of a physical disability that renders the voter
801	801	unable to write or see or an inability to read the language in which
802	802	the ballot is written; I will not suggest, by word, sign, or
803	803	gesture, how the voter should vote; I will confine my assistance to
804	804	reading the ballot to the voter, directing the voter to read the
805	805	ballot, marking the voter's ballot, or directing the voter to mark
806	806	the ballot; [answering the voter's questions, to stating
807	807	propositions on the ballot, and to naming candidates and, if
808	808	listed, their political parties;] I will prepare the voter's ballot
809	809	as the voter directs; I did not pressure or coerce the voter into
810	810	choosing me to provide assistance; [and] I am not the voter's
811	811	employer, an agent of the voter's employer, or an officer or agent
812	812	of a labor union to which the voter belongs; I will not communicate
813	813	information about how the voter has voted to another person; and I
814	814	understand that if assistance is provided to a voter who is not
815	815	eligible for assistance, the voter's ballot may not be counted."
816	816	SECTION 6.04. Sections 86.010(e), (h), and (i), Election
817	817	Code, are amended to read as follows:
818	818	(e) A person who assists a voter to prepare a ballot to be
819	819	voted by mail shall enter on the official carrier envelope of the
820	820	voter:
821	821	(1) the person's signature, printed name, and
822	822	residence address;
823	823	(2) the relationship of the person providing the
824	824	assistance to the voter; and
825	825	(3) whether the person received or accepted any form
826	826	of compensation or other benefit from a candidate, campaign, or
827	827	political committee in exchange for providing assistance [on the
828	828	official carrier envelope of the voter].
829	829	(h) Subsection (f) does not apply:
830	830	(1) to a violation of Subsection (c), if the person is
831	831	related to the voter within the second degree by affinity or the
832	832	third degree by consanguinity, as determined under Subchapter B,
833	833	Chapter 573, Government Code, or was physically living in the same
834	834	dwelling as the voter at the time of the event;
835	835	(2) to a violation of Subsection (e), if the person is
836	836	related to the voter within the second degree by affinity or the
837	837	third degree by consanguinity, as determined under Subchapter B,
838	838	Chapter 573, Government Code; or
839	839	(3) if the voter is a person with a disability being
840	840	assisted by a previously known attendant or caregiver.
841	841	(i) An offense under this section for a violation of
842	842	Subsection (c) is increased to the next higher category of offense
843	843	if it is shown on the trial of an offense under this section that:
844	844	(1) the defendant was previously convicted of an
845	845	offense under this code;
846	846	(2) the offense involved a voter 65 years of age or
847	847	older; or
848	848	(3) the defendant committed another offense under this
849	849	section in the same election.
850	850	SECTION 6.05. Section 86.0105, Election Code, is amended by
851	851	amending Subsections (a), (c), and (e) and adding Subsection (f) to
852	852	read as follows:
853	853	(a) A person commits an offense if the person:
854	854	(1) compensates or offers to compensate another person
855	855	for assisting voters as provided by Section 86.010[, as part of any
856	856	performance-based compensation scheme based on the number of voters
857	857	assisted or in which another person is presented with a quota of
858	858	voters to be assisted as provided by Section 86.010]; or
859	859	(2) solicits, receives, or [engages in another
860	860	practice that causes another person's compensation from or
861	861	employment status with the person to be dependent on the number of
862	862	voters assisted as provided by Section 86.010; or
863	863	[(3) with knowledge that accepting compensation for
864	864	such activity is illegal,] accepts compensation for an activity
865	865	described by Subdivision (1) [or (2)].
866	866	(c) An offense under this section is a state jail felony [if
867	867	it is shown on the trial of an offense under this section that the
868	868	defendant was previously convicted two or more times under this
869	869	section].
870	870	(e) For purposes of this section, compensation means an
871	871	economic benefit as defined by Section 38.01, Penal Code [any form
872	872	of monetary payment, goods, services, benefits, or promises or
873	873	offers of employment, or any other form of consideration offered to
874	874	another person in exchange for assisting voters].
875	875	(f) This section does not apply if the person assisting a
876	876	voter is an attendant or caregiver previously known to the voter.
877	877	SECTION 6.06. Section 86.013(b), Election Code, is amended
878	878	to read as follows:
879	879	(b) Spaces must appear on the reverse side of the official
880	880	carrier envelope for:
881	881	(1) indicating the identity and date of the election;
882	882	[and]
883	883	(2) entering the signature, printed name, and
884	884	residence address of a person other than the voter who deposits the
885	885	carrier envelope in the mail or with a common or contract carrier;
886	886	and
887	887	(3) indicating the relationship of that person to the
888	888	voter.
889	889	ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES
890	890	SECTION 7.01. Chapter 63, Election Code, is amended by
891	891	adding Section 63.0111 to read as follows:
892	892	Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
893	893	An election judge commits an offense if the judge knowingly
894	894	provides a voter with a form for an affidavit required by Section
895	895	63.001 if the form contains information that the judge entered on
896	896	the form knowing it was false.
897	897	(b) An offense under this section is a state jail felony.
898	898	SECTION 7.02. Sections 276.004(a) and (b), Election Code,
899	899	are amended to read as follows:
900	900	(a) A person commits an offense if, with respect to another
901	901	person over whom the person has authority in the scope of
902	902	employment, the person knowingly:
903	903	(1) refuses to permit the other person to be absent
904	904	from work on election day or while early voting is in progress for
905	905	the purpose of attending the polls to vote; or
906	906	(2) subjects or threatens to subject the other person
907	907	to a penalty for attending the polls on election day or while early
908	908	voting is in progress to vote.
909	909	(b) It is an exception to the application of this section
910	910	that the person's conduct occurs in connection with an election in
911	911	which the polls are open on election day or while early voting is in
912	912	progress for voting for two consecutive hours outside of the
913	913	voter's working hours.
914	914	SECTION 7.03. Sections 276.013(a) and (b), Election Code,
915	915	are amended to read as follows:
916	916	(a) A person commits an offense if the person knowingly or
917	917	intentionally makes any effort to:
918	918	(1) influence the independent exercise of the vote of
919	919	another in the presence of the ballot or during the voting process,
920	920	including by altering the ballot of another or by otherwise causing
921	921	a ballot to not reflect the intent of the voter;
922	922	(2) cause a voter to become registered, a ballot to be
923	923	obtained, or a vote to be cast under false pretenses; [or]
924	924	(3) cause any intentionally misleading statement,
925	925	representation, or information to be provided:
926	926	(A) to an election official; or
927	927	(B) on an application for ballot by mail, carrier
928	928	envelope, or any other official election-related form or document;
929	929	(4) prevent a voter from casting a legal ballot in an
930	930	election in which the voter is eligible to vote; or
931	931	(5) provide false information to a voter with the
932	932	intent of preventing the voter from voting in an election in which
933	933	the voter is eligible to vote.
934	934	(b) An offense under this section is a Class A misdemeanor,
935	935	except that an offense under this section is a state jail felony if
936	936	the person committed the offense while acting in the person's
937	937	official capacity as an election officer.
938	938	SECTION 7.04. Chapter 276, Election Code, is amended by
939	939	adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
940	940	read as follows:
941	941	Sec. 276.015. VOTE HARVESTING. (a) In this section:
942	942	(1) "Benefit" has the meaning assigned by Section
943	943	1.07, Penal Code.
944	944	(2) "Vote harvesting services" means in-person
945	945	interaction with one or more voters, in the presence of the ballot
946	946	or during the voting process, intended to deliver votes for a
947	947	specific candidate or measure.
948	948	(b) A person commits an offense if the person, directly or
949	949	through a third party, knowingly provides or offers to provide vote
950	950	harvesting services in exchange for compensation or other benefit.
951	951	(c) A person commits an offense if the person, directly or
952	952	through a third party, knowingly provides or offers to provide
953	953	compensation or other benefit to another person in exchange for
954	954	vote harvesting services.
955	955	(d) A person commits an offense if the person knowingly
956	956	collects or possesses a mail ballot or official carrier envelope in
957	957	connection with vote harvesting services.
958	958	(e) This section does not apply to:
959	959	(1) an activity not performed in exchange for
960	960	compensation or a benefit;
961	961	(2) interactions that do not occur in the presence of
962	962	the ballot or during the voting process;
963	963	(3) interactions that are not conducted in-person with
964	964	a voter; or
965	965	(4) activity that is not designed to deliver votes for
966	966	or against a specific candidate or measure.
967	967	(f) An offense under this section is a felony of the third
968	968	degree.
969	969	(g) If conduct that constitutes an offense under this
970	970	section also constitutes an offense under any other law, the actor
971	971	may be prosecuted under this section, the other law, or both.
972	972	(h) Records necessary to investigate an offense under this
973	973	section or any other section of this code shall be provided by an
974	974	election officer in an unredacted form to a law enforcement officer
975	975	upon request. Records obtained under this subsection are not
976	976	subject to public disclosure.
977	977	Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
978	978	APPLICATION TO VOTE BY MAIL. (a) A public official commits an
979	979	offense if the official, while acting in an official capacity,
980	980	knowingly:
981	981	(1) solicits the submission of an application to vote
982	982	by mail from a person who did not request an application;
983	983	(2) distributes an application to vote by mail to a
984	984	person who did not request the application unless the distribution
985	985	is expressly authorized by another provision of this code;
986	986	(3) authorizes or approves the expenditure of public
987	987	funds to facilitate third-party distribution of an application to
988	988	vote by mail to a person who did not request the application; or
989	989	(4) completes any portion of an application to vote by
990	990	mail and distributes the application to an applicant.
991	991	(b) An offense under this section is a state jail felony.
992	992	(c) Subsection (a)(2) does not apply if the public official
993	993	engaged in the conduct described by Subsection (a)(2) by providing
994	994	access to an application to vote by mail from a publicly accessible
995	995	Internet website.
996	996	(d) Subsection (a)(4) does not apply if the public official
997	997	engaged in the conduct described by Subsection (a)(4) while
998	998	lawfully assisting the applicant under Section 84.003.
999	999	(e) Subsection (a) does not apply if the public official:
1000	1000	(1) provided general information about voting by mail,
1001	1001	the vote by mail process, or the timelines associated with voting to
1002	1002	a person or the public; or
1003	1003	(2) engaged in the conduct described by Subsection (a)
1004	1004	while acting in the official's capacity as a candidate for a public
1005	1005	elective office.
1006	1006	(f) The remedy provided under this chapter is cumulative,
1007	1007	and does not restrict any other remedies provided by this code or by
1008	1008	law. A violation of this section is subject to injunctive relief or
1009	1009	mandamus as provided by this code.
1010	1010	Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
1011	1011	AND BALLOTING MATERIALS. (a) The early voting clerk or other
1012	1012	election official commits an offense if the clerk or official
1013	1013	knowingly mails or otherwise provides an early voting ballot by
1014	1014	mail or other early voting by mail ballot materials to a person who
1015	1015	the clerk or official knows did not submit an application for a
1016	1016	ballot to be voted by mail under Section 84.001.
1017	1017	(b) An offense under this section is a Class A misdemeanor.
1018	1018	Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
1019	1019	PROCEDURES. (a) A person commits an offense if the person makes a
1020	1020	false statement or swears to the truth of a false statement
1021	1021	previously made while making the oath described by Section 64.034.
1022	1022	(b) An offense under this section is a state jail felony.
1023	1023	Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
1024	1024	public official may not create, alter, modify, waive, or suspend
1025	1025	any election standard, practice, or procedure mandated by law or
1026	1026	rule in a manner not expressly authorized by this code.
1027	1027	ARTICLE 8. ENFORCEMENT
1028	1028	SECTION 8.01. Subchapter D, Chapter 22, Government Code, is
1029	1029	amended by adding Sections 22.304 and 22.305 to read as follows:
1030	1030	Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION
1031	1031	PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
1032	1032	official" means any person elected, selected, appointed, employed,
1033	1033	or otherwise designated as an officer, employee, or agent of this
1034	1034	state, a government agency, a political subdivision, or any other
1035	1035	public body established by state law.
1036	1036	(b) Notwithstanding any other law or rule, a court
1037	1037	proceeding entitled to priority under Section 22.305 and filed in a
1038	1038	court of appeals shall be docketed by the clerk of the court and
1039	1039	assigned to a panel of three justices determined using an automated
1040	1040	assignment system.
1041	1041	(c) A person, including a public official, commits an
1042	1042	offense if the person communicates with a court clerk with the
1043	1043	intention of influencing or attempting to influence the composition
1044	1044	of a three-justice panel assigned a specific proceeding under this
1045	1045	section.
1046	1046	(d) An offense under this section is a Class A misdemeanor.
1047	1047	Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
1048	1048	The supreme court or a court of appeals shall prioritize over any
1049	1049	other proceeding pending or filed in the court a proceeding for
1050	1050	injunctive relief or for a writ of mandamus under Chapter 273,
1051	1051	Election Code, pending or filed in the court on or after the 70th
1052	1052	day before a general or special election.
1053	1053	(b) If granted, oral argument for a proceeding described by
1054	1054	Subsection (a) may be given in person or through electronic means.
1055	1055	SECTION 8.02. Section 23.101, Government Code, is amended
1056	1056	by amending Subsection (a) and adding Subsections (b-1) and (b-2)
1057	1057	to read as follows:
1058	1058	(a) Except as provided by Subsection (b-1), the [The] trial
1059	1059	courts of this state shall regularly and frequently set hearings
1060	1060	and trials of pending matters, giving preference to hearings and
1061	1061	trials of the following:
1062	1062	(1) temporary injunctions;
1063	1063	(2) criminal actions, with the following actions given
1064	1064	preference over other criminal actions:
1065	1065	(A) criminal actions against defendants who are
1066	1066	detained in jail pending trial;
1067	1067	(B) criminal actions involving a charge that a
1068	1068	person committed an act of family violence, as defined by Section
1069	1069	71.004, Family Code;
1070	1070	(C) an offense under:
1071	1071	(i) Section 21.02 or 21.11, Penal Code;
1072	1072	(ii) Chapter 22, Penal Code, if the victim
1073	1073	of the alleged offense is younger than 17 years of age;
1074	1074	(iii) Section 25.02, Penal Code, if the
1075	1075	victim of the alleged offense is younger than 17 years of age;
1076	1076	(iv) Section 25.06, Penal Code;
1077	1077	(v) Section 43.25, Penal Code; or
1078	1078	(vi) Section 20A.02(a)(7), 20A.02(a)(8),
1079	1079	or 20A.03, Penal Code;
1080	1080	(D) an offense described by Article 62.001(6)(C)
1081	1081	or (D), Code of Criminal Procedure; and
1082	1082	(E) criminal actions against persons who are
1083	1083	detained as provided by Section 51.12, Family Code, after transfer
1084	1084	for prosecution in criminal court under Section 54.02, Family Code;
1085	1085	(3) election contests and suits under the Election
1086	1086	Code;
1087	1087	(4) orders for the protection of the family under
1088	1088	Subtitle B, Title 4, Family Code;
1089	1089	(5) appeals of final rulings and decisions of the
1090	1090	division of workers' compensation of the Texas Department of
1091	1091	Insurance regarding workers' compensation claims and claims under
1092	1092	the Federal Employers' Liability Act and the Jones Act;
1093	1093	(6) appeals of final orders of the commissioner of the
1094	1094	General Land Office under Section 51.3021, Natural Resources Code;
1095	1095	(7) actions in which the claimant has been diagnosed
1096	1096	with malignant mesothelioma, other malignant asbestos-related
1097	1097	cancer, malignant silica-related cancer, or acute silicosis; and
1098	1098	(8) appeals brought under Section 42.01 or 42.015, Tax
1099	1099	Code, of orders of appraisal review boards of appraisal districts
1100	1100	established for counties with a population of less than 175,000.
1101	1101	(b-1) Except for a criminal case in which the death penalty
1102	1102	has been or may be assessed or when it would otherwise interfere
1103	1103	with a constitutional right, the trial courts of this state shall
1104	1104	prioritize over any other proceeding pending or filed in the court a
1105	1105	proceeding for injunctive relief under Chapter 273, Election Code,
1106	1106	pending or filed in the court on or after the 70th day before a
1107	1107	general or special election.
1108	1108	(b-2) A hearing in a proceeding described by Subsection
1109	1109	(b-1) may be held in person or through electronic means, as
1110	1110	determined by the court.
1111	1111	SECTION 8.03. Chapter 23, Government Code, is amended by
1112	1112	adding Subchapter D to read as follows:
1113	1113	SUBCHAPTER D. GENERAL PROVISIONS
1114	1114	Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
1115	1115	CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
1116	1116	clerk of a district court in which a proceeding entitled to priority
1117	1117	under Section 23.101(b-1) is filed shall docket the proceeding and,
1118	1118	if more than one district court in the county has jurisdiction over
1119	1119	the proceeding, randomly assign the proceeding to a district court
1120	1120	using an automated assignment system.
1121	1121	(b) Notwithstanding any other law or rule, the clerk of a
1122	1122	county court or statutory county court in which a proceeding
1123	1123	entitled to priority under Section 23.101(b-1) is filed shall
1124	1124	docket the proceeding and, if more than one court in the county has
1125	1125	jurisdiction over the proceeding, randomly assign the proceeding to
1126	1126	a court using an automated assignment system.
1127	1127	(c) A person, including a public official, commits an
1128	1128	offense if the person communicates with a county or district clerk
1129	1129	with the intention of influencing or attempting to influence the
1130	1130	court or judge assigned to a proceeding under this section.
1131	1131	(d) An offense under this section is a Class A misdemeanor,
1132	1132	except that the offense is a state jail felony if it is shown on the
1133	1133	trial of the offense that the person committed the offense while
1134	1134	acting in the person's official capacity as an election official.
1135	1135	(e) If a district or county clerk does not comply with this
1136	1136	section, a person may seek from the supreme court or a court of
1137	1137	appeals a writ of mandamus as provided by Section 273.061, Election
1138	1138	Code, to compel compliance with this section.
1139	1139	Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
1140	1140	(a) Not later than 24 hours after the proceeding is filed, a judge
1141	1141	to whom a case is assigned under Section 23.301(b) who wishes to be
1142	1142	recused from the proceeding must, before recusal:
1143	1143	(1) hear an application for any emergency temporary
1144	1144	relief sought;
1145	1145	(2) grant or deny any emergency temporary relief
1146	1146	sought; and
1147	1147	(3) set a scheduling order that provides:
1148	1148	(A) a date for a hearing on any injunction sought
1149	1149	not later than five days after the date on which the proceeding was
1150	1150	filed; and
1151	1151	(B) discovery and deposition deadlines before
1152	1152	the expiration of any emergency relief order entered.
1153	1153	(b) The presiding judge of an administrative region shall
1154	1154	assign a new judge to a proceeding assigned under Section 23.301(b)
1155	1155	not later than 12 hours after the original judge assigned to the
1156	1156	proceeding is recused under Subsection (a).
1157	1157	(c) A final order in a proceeding filed under Section
1158	1158	273.081, Election Code, shall be submitted in writing to the
1159	1159	parties not later than 24 hours after the judge makes a final
1160	1160	determination in the proceeding.
1161	1161	(d) If a district judge does not comply with this section, a
1162	1162	person may seek from the supreme court, the court of criminal
1163	1163	appeals, or a court of appeals a writ of mandamus as provided by
1164	1164	Section 273.061, Election Code, to compel compliance with this
1165	1165	section.
1166	1166	(e) Notwithstanding Section 23.101(b-1), a proceeding
1167	1167	relating to a permanent injunction being sought in connection to a
1168	1168	challenge under Section 141.034, Election Code, may be heard after
1169	1169	the primary election has been canvassed.
1170	1170	ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS
1171	1171	SECTION 9.01. Chapter 42, Code of Criminal Procedure, is
1172	1172	amended by adding Article 42.0194 to read as follows:
1173	1173	Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
1174	1174	trial of a felony offense, if the defendant is adjudged guilty of
1175	1175	the offense, the court shall:
1176	1176	(1) make an affirmative finding that the person has
1177	1177	been found guilty of a felony and enter the affirmative finding in
1178	1178	the judgment of the case; and
1179	1179	(2) instruct the defendant regarding how the felony
1180	1180	conviction will impact the defendant's right to vote in this state.
1181	1181	SECTION 9.02. Article 42.01, Code of Criminal Procedure, is
1182	1182	amended by adding Section 16 to read as follows:
1183	1183	Sec. 16. In addition to the information described by
1184	1184	Section 1, the judgment should reflect the affirmative finding and
1185	1185	instruction entered pursuant to Article 42.0194.
1186	1186	SECTION 9.03. Section 64.012, Election Code, is amended by
1187	1187	amending Subsection (a) and adding Subsections (c) and (d) to read
1188	1188	as follows:
1189	1189	(a) A person commits an offense if the person:
1190	1190	(1) votes or attempts to vote in an election in which
1191	1191	the person knows the person is not eligible to vote;
1192	1192	(2) knowingly votes or attempts to vote more than once
1193	1193	in an election;
1194	1194	(3) knowingly votes or attempts to vote a ballot
1195	1195	belonging to another person, or by impersonating another person;
1196	1196	[or]
1197	1197	(4) knowingly marks or attempts to mark any portion of
1198	1198	another person's ballot without the consent of that person, or
1199	1199	without specific direction from that person how to mark the ballot;
1200	1200	or
1201	1201	(5) knowingly votes or attempts to vote in an election
1202	1202	in this state after voting in another state in an election in which
1203	1203	a federal office appears on the ballot and the election day for both
1204	1204	states is the same day.
1205	1205	(c) A person may not be convicted solely upon the fact that
1206	1206	the person signed a provisional ballot affidavit under Section
1207	1207	63.011 unless corroborated by other evidence that the person
1208	1208	knowingly committed the offense.
1209	1209	(d) If conduct that constitutes an offense under this
1210	1210	section also constitutes an offense under any other law, the actor
1211	1211	may be prosecuted under this section, the other law, or both.
1212	1212	SECTION 9.04. The change in law made by this article in
1213	1213	adding Section 64.012(c), Election Code, applies to an offense
1214	1214	committed before, on, or after the effective date of this Act,
1215	1215	except that a final conviction for an offense under that section
1216	1216	that exists on the effective date of this Act remains unaffected by
1217	1217	this article.
1218	1218	ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
1219	1219	SECTION 10.01. The following provisions of the Election
1220	1220	Code are repealed:
1221	1221	(1) Section 85.062(e); and
1222	1222	(2) Section 86.0105(b).
1223	1223	SECTION 10.02. If any provision of this Act or its
1224	1224	application to any person or circumstance is held invalid, the
1225	1225	invalidity does not affect other provisions or applications of this
1226	1226	Act that can be given effect without the invalid provision or
1227	1227	application, and to this end the provisions of this Act are declared
1228	1228	to be severable.
1229	1229	SECTION 10.03. (a) Except as otherwise provided by this
1230	1230	Act, the changes in law made by this Act apply only to an offense
1231	1231	committed on or after the effective date of this Act. An offense
1232	1232	committed before the effective date of this Act is governed by the
1233	1233	law in effect when the offense was committed, and the former law is
1234	1234	continued in effect for that purpose. For purposes of this section,
1235	1235	an offense was committed before the effective date of this Act if
1236	1236	any element of the offense occurred before that date.
1237	1237	(b) The changes in law made by this Act apply only to an
1238	1238	election ordered on or after the effective date of this Act. An
1239	1239	election ordered before the effective date of this Act is governed
1240	1240	by the law in effect when the election was ordered, and the former
1241	1241	law is continued in effect for that purpose.
1242	1242	(c) The changes in law made by this Act apply only to an
1243	1243	application to vote an early voting ballot by mail submitted on or
1244	1244	after the effective date of this Act. An application to vote an
1245	1245	early voting ballot by mail submitted before the effective date of
1246	1246	this Act is governed by the law in effect when the application was
1247	1247	submitted, and the former law is continued in effect for that
1248	1248	purpose.
1249	1249	(d) The changes in law made by this Act apply only to an
1250	1250	application for voter registration submitted on or after the
1251	1251	effective date of this Act.
1252	1252	SECTION 10.04. This Act takes effect on the 91st day after
1253	1253	the last day of the legislative session.