87S20111 TSS-D
By: Murr H.B. No. 3
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. SHORT TITLE. This Act may be cited as the
Election Integrity Protection Act of 2021.
SECTION 1.02. PURPOSE. The purpose of this Act is to
exercise the legislature's constitutional authority under Section
4, Article VI, Texas Constitution, to make all laws necessary to
detect and punish fraud.
SECTION 1.03. FINDINGS. The legislature finds that:
(1) full, free, and fair elections are the
underpinnings of a stable constitutional democracy;
(2) fraud in elections threatens the stability of a
constitutional democracy by undermining public confidence in the
legitimacy of public officers chosen by election;
(3) reforms are needed to the election laws of this
state to ensure that fraud does not undermine the public confidence
in the electoral process;
(4) the reforms to the election laws of this state made
by this Act are not intended to impair the right of free suffrage
guaranteed to the people of Texas by the United States and Texas
Constitutions, but are enacted solely to prevent fraud in the
electoral process and ensure that all legally cast ballots are
counted. Integral to the right to vote is the assurance of voter
access and the right for all votes legally cast to be counted;
(5) additionally, preventing a valid vote from being
counted violates the basic constitutional rights guaranteed to each
citizen by the United States Constitution; and
(6) providing for voter access and increasing the
stability of a constitutional democracy ensures public confidence
in the legitimacy of public officers chosen by election.
SECTION 1.04. Chapter 1, Election Code, is amended by
adding Section 1.0015 to read as follows:
Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
legislature that the application of this code and the conduct of
elections be uniform and consistent throughout this state to reduce
the likelihood of fraud in the conduct of elections, protect the
secrecy of the ballot, promote voter access, and ensure that all
legally cast ballots are counted.
SECTION 1.05. Section 1.003, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Election officials and other public officials shall
strictly construe the provisions of this code to effect the intent
of the legislature under Section 1.0015.
SECTION 1.06. Section 1.018, Election Code, is amended to
read as follows:
Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to
Section 1.03, Penal Code, and to other titles of the Penal Code that
may apply to this code, Titles 2 and [Title] 4, Penal Code, apply
[applies] to offenses prescribed by this code.
ARTICLE 2. REGISTRATION OF VOTERS
SECTION 2.01. Section 13.002, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The information required under Subsection (c) must be
supplied by the person desiring to register to vote.
SECTION 2.02. 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 2.03. 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 either 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.]
ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS
SECTION 3.01. Section 2.053(a), Election Code, is amended
to read as follows:
(a) On receipt of the certification, the governing body of
the political subdivision by order or ordinance shall [may] declare
each unopposed candidate elected to the office. If no election is to
be held on election day by the political subdivision, a copy of the
order or ordinance shall be posted on election day at each polling
place used or that would have been used in the election.
SECTION 3.02. Section 2.056(c), Election Code, is amended
to read as follows:
(c) A certifying authority shall [may] declare a candidate
elected to an office of the state or county government if, were the
election held, only the votes cast for that candidate in the
election for that office may be counted.
SECTION 3.03. Sections 43.007(c) and (d), Election Code,
are amended to read as follows:
(c) In conducting the program, the secretary of state shall
provide for an audit of the voting system equipment [direct
recording electronic voting units] before and after the election,
and during the election to the extent such an audit is practicable.
(d) The secretary of state shall select to participate in
the program each county that:
(1) has held a public hearing under Subsection (b);
(2) has submitted documentation listing the steps
taken to solicit input on participating in the program by
organizations or persons who represent the interests of voters;
(3) has implemented a computerized voter registration
list that allows an election officer at the polling place to verify
that a voter has not previously voted in the election;
(4) uses direct recording electronic voting machines,
ballot marking devices, or hand-marked scannable paper ballots that
are printed and scanned at the polling place or any other type of
voting system equipment that the secretary of state determines is
capable of processing votes for each type of ballot to be voted in
the county; and
(5) is determined by the secretary of state to have the
appropriate technological capabilities.
SECTION 3.04. Section 43.031(b), Election Code, is amended
to read as follows:
(b) Each polling place shall be located inside a building.
No voter may cast a vote from inside a motor vehicle unless the
voter meets the requirements of Section 64.009.
SECTION 3.05. Section 52.092(a), Election Code, is amended
to read as follows:
(a) Except as provided by Section 2.053(c) or 2.056(e), for
[For] an election at which offices regularly filled at the general
election for state and county officers are to appear on the ballot,
the offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
SECTION 3.06. 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. 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 3.07. Subchapter A, Chapter 66, Election Code, is
amended by adding Section 66.004 to read as follows:
Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
shall adopt rules and create a checklist or similar guidelines to
assist the presiding judge of a polling place in processing forms
and conducting procedures required by this code at the closing of
the polling place.
SECTION 3.08. 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 10 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 55,000 [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 10 p.m.
Voting shall be conducted in accordance with this subsection in
those elections in a county with a population under 55,000
[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 3.09. 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 55,000
[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 10 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 9 a.m.
or later than 10 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 55,000 [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 3.10. 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 3.11. Section 85.061(a), Election Code, is amended
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.
SECTION 3.12. Section 85.062, Election Code, is amended by
amending Subsection (b) and adding Subsection (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. The polling place may not be
located in a movable structure 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.
(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 3.13. 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.
ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
SECTION 4.01. Section 32.075, Election Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A presiding judge may not have a watcher duly accepted
for service under Subchapter A, Chapter 33, removed from the
polling place for violating a provision of this code, the Penal
Code, or any other provision of law relating to the conduct of
elections, unless the violation was observed by an election judge
or clerk after the watcher was previously warned that the watcher's
conduct violated the law.
(h) Notwithstanding Subsection (g), a presiding judge may
call a law enforcement officer to request that a poll watcher be
removed if the poll watcher commits a breach of the peace or a
violation of law.
SECTION 4.02. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.0015 to read as follows:
Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
purpose of this chapter is to preserve the integrity of the ballot
box in accordance with Section 4, Article VI, Texas Constitution,
by providing for the appointment of watchers. It is the intent of
the legislature that watchers duly accepted for service under this
chapter be allowed to observe and report on irregularities in the
conduct of any election, but may not interfere in the orderly
conduct of an election. To effect that purpose, a watcher appointed
under this chapter shall observe without obstructing the conduct of
an election and call to the attention of an election officer any
observed or suspected irregularity or violation of law in the
conduct of the election.
SECTION 4.03. 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 B 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 4.04. 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 4.05. 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 4.06. 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 4.07. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.063 to read as follows:
Sec. 33.063. RELIEF. 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.
SECTION 4.08. Section 34.005, Election Code, is amended to
read as follows:
Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The
secretary of state may refer a reported violation of law for
appropriate action to the attorney general, if the attorney general
has jurisdiction, or to a prosecuting attorney having jurisdiction.
(b) If the secretary of state believes that a state
inspector was unlawfully prevented or obstructed from the
performance of the inspector's duties, the secretary of state 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.
SECTION 4.09. 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 4.10. 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 5. VOTING BY MAIL
SECTION 5.01. Section 84.001(b), Election Code, is amended
to read as follows:
(b) Subject to Section 1.011, an [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 5.02. Section 84.002, Election Code, as effective
September 1, 2021, is amended by amending Subsection (a) and adding
Subsection (d) to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license or personal identification card issued by the Department of
Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, 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).
(d) A person may use the number of a driver's license or
personal identification card that has expired for the purpose of
fulfilling the requirement under Subsection (a)(1-a) if the license
or identification is otherwise valid.
SECTION 5.03. 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 5.04. 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 5.05. 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 5.06. 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 or
personal identification card issued by the Department of Public
Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license or
personal identification card that has expired for purposes of
Subsection (g) if the license or identification is otherwise valid.
(i) No record associating an individual voter with a ballot
may be created.
SECTION 5.07. 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 5.08. 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 5.09. 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) Not later than the second business day after discovering
a defect described by Subsection (a) and before deciding whether to
accept or reject a timely delivered ballot under Section 87.027,
the signature verification committee shall:
(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 request to have the
voter's application to vote by mail canceled in the manner
described by Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to
correct the defect.
(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.
(f) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 5.10. 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 matches the information 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 matches the information 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:
(1) shall request from the Department of Public Safety
any signature of the voter's on file with that department and
compare the signatures of the voter on the ballot application and
the carrier envelope certificate with any signature provided; and
(2) 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 5.11. 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) Not later than the second business day after discovering
a defect described by Subsection (a) and before deciding whether to
accept or reject a timely delivered ballot under Section 87.041,
the early voting ballot board shall:
(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 request to have the
voter's application to vote by mail canceled in the manner
described by Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to
correct the defect.
(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.
(f) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 5.12. 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 5.13. 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 5.14. 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 5.15. 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 5.16. 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 6. ASSISTANCE OF VOTERS
SECTION 6.01. 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 6.02. 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 6.03. 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 because of a physical disability that renders the voter
unable to write or see or an inability to read the language in which
the ballot is written; I will not suggest, by word, sign, or
gesture, how the voter should vote; I will confine my assistance to
reading the ballot to the voter, directing the voter to read the
ballot, marking the voter's ballot, or directing the voter to mark
the ballot; [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 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 6.04. 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:
(1) to 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;
(2) to 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; or
(3) if the voter is a person with a disability being
assisted by a previously known attendant or caregiver.
(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 6.05. Section 86.0105, Election Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsection (f) to
read as follows:
(a) A person commits an offense if the person:
(1) compensates or offers to compensate another person
for assisting voters as provided by Section 86.010[, as part of any
performance-based compensation scheme based on the number of voters
assisted or in which another person is presented with a quota of
voters to be assisted as provided by Section 86.010]; or
(2) solicits, receives, or [engages in another
practice that causes another person's compensation from or
employment status with the person to be dependent on the number of
voters assisted as provided by Section 86.010; or
[(3) with knowledge that accepting compensation for
such activity is illegal,] accepts compensation for an activity
described by Subdivision (1) [or (2)].
(c) An offense under this section is a state jail felony [if
it is shown on the trial of an offense under this section that the
defendant was previously convicted two or more times under this
section].
(e) For purposes of this section, compensation means an
economic benefit as defined by Section 38.01, Penal Code [any form
of monetary payment, goods, services, benefits, or promises or
offers of employment, or any other form of consideration offered to
another person in exchange for assisting voters].
(f) This section does not apply if the person assisting a
voter is an attendant or caregiver previously known to the voter.
SECTION 6.06. 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 7. FRAUD AND OTHER UNLAWFUL PRACTICES
SECTION 7.01. 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 7.02. 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 7.03. Sections 276.013(a) and (b), Election Code,
are amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes any effort to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process,
including by altering the ballot of another or by otherwise causing
a ballot to not reflect the intent of the voter;
(2) cause a voter to become registered, a ballot to be
obtained, or a vote to be cast under false pretenses; [or]
(3) cause any intentionally misleading statement,
representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier
envelope, or any other official election-related form or document;
(4) prevent a voter from casting a legal ballot in an
election in which the voter is eligible to vote; or
(5) provide false information to a voter with the
intent of preventing the voter from voting in an election in which
the voter is eligible to vote.
(b) An offense under this section is a Class A misdemeanor,
except that an offense under this section is a state jail felony if
the person committed the offense while acting in the person's
official capacity as an election officer.
SECTION 7.04. Chapter 276, Election Code, is amended by
adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
read as follows:
Sec. 276.015. VOTE HARVESTING. (a) In this section:
(1) "Benefit" has the meaning assigned by Section
1.07, Penal Code.
(2) "Vote harvesting services" means in-person
interaction with one or more voters, in the presence of the ballot
or during the voting process, 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 occur in the presence of
the ballot or during the voting process;
(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) An offense under this section is a felony of the third
degree.
(g) 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.
(h) 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. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
APPLICATION TO VOTE BY MAIL. (a) A public official commits an
offense if the official, while acting in an official capacity,
knowingly:
(1) solicits the submission of an application to vote
by mail from a person who did not request an application;
(2) distributes an application to vote by mail to a
person who did not request the application unless the distribution
is expressly authorized by another provision of this code;
(3) authorizes or approves the expenditure of public
funds to facilitate third-party distribution of an application to
vote by mail to a person who did not request the application; or
(4) completes any portion of an application to vote by
mail and distributes the application to an applicant.
(b) An offense under this section is a state jail felony.
(c) Subsection (a)(2) does not apply if the public official
engaged in the conduct described by Subsection (a)(2) by providing
access to an application to vote by mail from a publicly accessible
Internet website.
(d) Subsection (a)(4) does not apply if the public official
engaged in the conduct described by Subsection (a)(4) while
lawfully assisting the applicant under Section 84.003.
(e) Subsection (a) does not apply if the public official:
(1) provided general information about voting by mail,
the vote by mail process, or the timelines associated with voting to
a person or the public; or
(2) engaged in the conduct described by Subsection (a)
while acting in the official's capacity as a candidate for a public
elective office.
(f) The remedy provided under this chapter is cumulative,
and does not restrict any other remedies provided by this code or by
law. A violation of this section is subject to injunctive relief or
mandamus as provided by this code.
Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
AND BALLOTING MATERIALS. (a) The early voting clerk or other
election official commits an offense if the clerk or official
knowingly mails or otherwise provides an early voting ballot by
mail or other early voting by mail ballot materials to a person who
the clerk or official knows did not submit an application for a
ballot to be voted by mail under Section 84.001.
(b) An offense under this section is a Class A misdemeanor.
Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
PROCEDURES. (a) A person commits an offense if the person makes a
false statement or swears to the truth of a false statement
previously made while making the oath described by Section 64.034.
(b) An offense under this section is a state jail felony.
Sec. 276.019. 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 8. ENFORCEMENT
SECTION 8.01. Subchapter D, Chapter 22, Government Code, is
amended by adding Sections 22.304 and 22.305 to read as follows:
Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION
PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
official" means any person elected, selected, appointed, employed,
or otherwise designated as an officer, employee, or agent of this
state, a government agency, a political subdivision, or any other
public body established by state law.
(b) Notwithstanding any other law or rule, a court
proceeding entitled to priority under Section 22.305 and filed in a
court of appeals shall be docketed by the clerk of the court and
assigned to a panel of three justices determined using an automated
assignment system.
(c) A person, including a public official, commits an
offense if the person communicates with a court clerk with the
intention of influencing or attempting to influence the composition
of a three-justice panel assigned a specific proceeding under this
section.
(d) An offense under this section is a Class A misdemeanor.
Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
The supreme court 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 70th
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 8.02. Section 23.101, Government Code, is amended
by amending Subsection (a) and adding Subsections (b-1) and (b-2)
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 70th day before a
general or special election.
(b-2) A hearing in a proceeding described by Subsection
(b-1) may be held in person or through electronic means, as
determined by the court.
SECTION 8.03. Chapter 23, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. GENERAL PROVISIONS
Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
clerk of a district court in which a proceeding entitled to priority
under Section 23.101(b-1) is filed shall docket the proceeding and,
if more than one district court in the county has jurisdiction over
the proceeding, randomly assign the proceeding to a district court
using an automated assignment system.
(b) Notwithstanding any other law or rule, the clerk of a
county court or statutory county court in which a proceeding
entitled to priority under Section 23.101(b-1) is filed shall
docket the proceeding and, if more than one court in the county has
jurisdiction over the proceeding, randomly assign the proceeding to
a court using an automated assignment system.
(c) A person, including a public official, commits an
offense if the person communicates with a county or district clerk
with the intention of influencing or attempting to influence the
court or judge assigned to a proceeding under this section.
(d) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if it is shown on the
trial of the offense that the person committed the offense while
acting in the person's official capacity as an election official.
(e) If a district or county clerk does not comply with this
section, a person may seek from the supreme court or a court of
appeals a writ of mandamus as provided by Section 273.061, Election
Code, to compel compliance with this section.
Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
(a) Not later than 24 hours after the proceeding is filed, a judge
to whom a case is assigned under Section 23.301(b) who wishes to be
recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary
relief sought;
(2) grant or deny any emergency temporary relief
sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction sought
not later than five days after the date on which the proceeding was
filed; and
(B) discovery and deposition deadlines before
the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall
assign a new judge to a proceeding assigned under Section 23.301(b)
not later than 12 hours after the original judge assigned to the
proceeding is recused under Subsection (a).
(c) A final order in a proceeding filed under Section
273.081, Election Code, shall be submitted in writing to the
parties not later than 24 hours after the judge makes a final
determination in the proceeding.
(d) If a district judge does not comply with this section, a
person may seek from the supreme court, the court of criminal
appeals, or a court of appeals a writ of mandamus as provided by
Section 273.061, Election Code, to compel compliance with this
section.
(e) Notwithstanding Section 23.101(b-1), a proceeding
relating to a permanent injunction being sought in connection to a
challenge under Section 141.034, Election Code, may be heard after
the primary election has been canvassed.
ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS
SECTION 9.01. 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 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 9.02. Article 42.01, Code of Criminal Procedure, 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.
SECTION 9.03. Section 64.012, Election Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A person commits an offense if the person:
(1) votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;
(2) knowingly votes or attempts to vote more than once
in an election;
(3) knowingly votes or attempts to vote a ballot
belonging to another person, or by impersonating another person;
[or]
(4) knowingly marks or attempts to mark any portion of
another person's ballot without the consent of that person, or
without specific direction from that person how to mark the ballot;
or
(5) knowingly votes or attempts to vote in an election
in this state after voting in another state in an election in which
a federal office appears on the ballot and the election day for both
states is the same day.
(c) A person may not be convicted solely upon the fact that
the person signed a provisional ballot affidavit under Section
63.011 unless corroborated by other evidence that the person
knowingly committed the offense.
(d) 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.
SECTION 9.04. The change in law made by this article in
adding Section 64.012(c), Election Code, applies to an offense
committed before, on, or after the effective date of this Act,
except that a final conviction for an offense under that section
that exists on the effective date of this Act remains unaffected by
this article.
ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
SECTION 10.01. The following provisions of the Election
Code are repealed:
(1) Section 85.062(e); and
(2) Section 86.0105(b).
SECTION 10.02. 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 10.03. (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
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.
(d) 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 10.04. This Act takes effect on the 91st day after
the last day of the legislative session.