Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB1 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1
	1	+	87S20907 TSS-D
	2	+	By: Hughes, et al. S.B. No. 1
	3	+	(Murr, Lozano, Clardy, White, Jetton, et al.)
	4	+	Substitute the following for S.B. No. 1: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to election integrity and security, including by
6	10		preventing fraud in the conduct of elections in this state;
7	11		increasing criminal penalties; creating criminal offenses.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		ARTICLE 1. GENERAL PROVISIONS
10	14		SECTION 1.01. SHORT TITLE. This Act may be cited as the
11	15		Election Integrity Protection Act of 2021.
12	16		SECTION 1.02. PURPOSE. The purpose of this Act is to
13	17		exercise the legislature's constitutional authority under Section
14	18		4, Article VI, Texas Constitution, to make all laws necessary to
15	19		detect and punish fraud.
16	20		SECTION 1.03. FINDINGS. The legislature finds that:
17	21		(1) full, free, and fair elections are the
18	22		underpinnings of a stable constitutional democracy;
19	23		(2) fraud in elections threatens the stability of a
20	24		constitutional democracy by undermining public confidence in the
21	25		legitimacy of public officers chosen by election;
22	26		(3) reforms are needed to the election laws of this
23	27		state to ensure that fraud does not undermine the public confidence
24	28		in the electoral process;
25	29		(4) the reforms to the election laws of this state made
26	30		by this Act are not intended to impair the right of free suffrage
27	31		guaranteed to the people of Texas by the United States and Texas
28	32		Constitutions, but are enacted solely to prevent fraud in the
29	33		electoral process and ensure that all legally cast ballots are
30	34		counted. Integral to the right to vote is the assurance of voter
31	35		access and the right for all votes legally cast to be counted;
32	36		(5) additionally, preventing a valid vote from being
33	37		counted violates the basic constitutional rights guaranteed to each
34	38		citizen by the United States Constitution; and
35	39		(6) providing for voter access and increasing the
36	40		stability of a constitutional democracy ensures public confidence
37	41		in the legitimacy of public officers chosen by election.
38	42		SECTION 1.04. Chapter 1, Election Code, is amended by
39	43		adding Section 1.0015 to read as follows:
40	44		Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
41	45		legislature that the application of this code and the conduct of
42	46		elections be uniform and consistent throughout this state to reduce
43	47		the likelihood of fraud in the conduct of elections, protect the
44	48		secrecy of the ballot, promote voter access, and ensure that all
45	49		legally cast ballots are counted.
46	50		SECTION 1.05. Section 1.003, Election Code, is amended by
47	51		adding Subsection (a-1) to read as follows:
48	52		(a-1) Election officials and other public officials shall
49	53		strictly construe the provisions of this code to effect the intent
50	54		of the legislature under Section 1.0015.
51		-	SECTION 1.06. Section 1.005, Election Code, is amended by
52		-	amending Subdivision (4-a) and adding Subdivision (4-b) to read as
53		-	follows:
54		-	(4-a) "Election official" means:
55		-	(A) a county clerk;
56		-	(B) a permanent or temporary deputy county clerk;
57		-	(C) an elections administrator;
58		-	(D) a permanent or temporary employee of an
59		-	elections administrator;
60		-	(E) an election judge;
61		-	(F) an alternate election judge;
62		-	(G) an early voting clerk;
63		-	(H) a deputy early voting clerk;
64		-	(I) an election clerk;
65		-	(J) the presiding judge of an early voting ballot
66		-	board;
67		-	(K) the alternate presiding judge of an early
68		-	voting ballot board;
69		-	(L) a member of an early voting ballot board;
70		-	(M) the chair of a signature verification
71		-	committee;
72		-	(N) the vice chair of a signature verification
73		-	committee;
74		-	(O) a member of a signature verification
75		-	committee;
76		-	(P) the presiding judge of a central counting
77		-	station;
78		-	(Q) the alternate presiding judge of a central
79		-	counting station;
80		-	(R) a central counting station manager;
81		-	(S) a central counting station clerk;
82		-	(T) a tabulation supervisor;
83		-	(U) an assistant to a tabulation supervisor; and
84		-	(V) a chair of a county political party holding a
85		-	primary election or a runoff primary election.
86		-	(4-b) "Federal judge" means:
87		-	(A) a judge, former judge, or retired judge of a
88		-	United States court of appeals;
89		-	(B) a judge, former judge, or retired judge of a
90		-	United States district court;
91		-	(C) a judge, former judge, or retired judge of a
92		-	United States bankruptcy court; or
93		-	(D) a magistrate judge, former magistrate judge,
94		-	or retired magistrate judge of a United States district court.
95		-	SECTION 1.07. Section 1.018, Election Code, is amended to
	55	+	SECTION 1.06. Section 1.018, Election Code, is amended to
96	56		read as follows:
97	57		Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to
98	58		Section 1.03, Penal Code, and to other titles of the Penal Code that
99	59		may apply to this code, Titles 2 and [Title] 4, Penal Code, apply
100	60		[applies] to offenses prescribed by this code.
101		-	SECTION 1.08. Chapter 1, Election Code, is amended by
102		-	adding Section 1.022 to read as follows:
103		-	Sec. 1.022. REASONABLE ACCOMMODATION OR MODIFICATION. A
104		-	provision of this code may not be interpreted to prohibit or limit
105		-	the right of a qualified individual with a disability from
106		-	requesting a reasonable accommodation or modification to any
107		-	election standard, practice, or procedure mandated by law or rule
108		-	that the individual is entitled to request under federal or state
109		-	law.
110	61		ARTICLE 2. REGISTRATION OF VOTERS
111	62		SECTION 2.01. Section 13.002, Election Code, is amended by
112	63		adding Subsection (c-1) to read as follows:
113		-	(c-1) The information required under Subsections (c)(3),
114		-	(4), (5), (6), and (8) must be supplied by the person desiring to
115		-	register to vote.
116		-	SECTION 2.02. Section 13.007, Election Code, is amended to
117		-	read as follows:
118		-	Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person
119		-	commits an offense if the person knowingly or intentionally:
120		-	(1) makes a false statement; or
121		-	(2) requests, commands, coerces, or attempts to induce
122		-	another person to make a false statement on a registration
123		-	application.
124		-	(b) An offense under this section is a Class A [B]
125		-	misdemeanor, except that an offense under this section is a state
126		-	jail felony if the person:
127		-	(1) directly or through a third party offers or
128		-	provides compensation or other benefit to a person for activity
129		-	described by Subsection (a); or
130		-	(2) solicits, receives, or accepts compensation or
131		-	other benefit for an activity described by Subsection (a).
132		-	(c) If conduct that constitutes an offense under this
133		-	section also constitutes an offense under another law, the actor
134		-	may be prosecuted under this section, the other law, or both. [For
135		-	purposes of this code, an offense under this section is considered
136		-	to be perjury, but may be prosecuted only under this section.]
137		-	SECTION 2.03. Section 15.021, Election Code, is amended by
	64	+	(c-1) The information required under Subsection (c) must be
	65	+	supplied by the person desiring to register to vote.
	66	+	SECTION 2.02. Section 15.021, Election Code, is amended by
138	67		amending Subsections (b) and (d) and adding Subsections (d-1) and
139	68		(d-2) to read as follows:
140	69		(b) Except as provided by Subsection (d), the [The] voter
141	70		shall use the registration certificate or a registration
142	71		application form as the notice, indicating the correct information
143	72		in the appropriate space on the certificate or application form
144	73		unless the voter does not have possession of the certificate or an
145	74		application form at the time of giving the notice.
146	75		(d) A voter [who continues to reside in the county in which
147	76		the voter is registered] may correct information under this section
148	77		by digital transmission of the information under a program
149	78		administered by the secretary of state and the Department of
150	79		Information Resources.
151	80		(d-1) If the notice indicates that a voter no longer resides
152	81		in the county in which the voter is registered, the registrar shall
153		-	forward the notice and the voter's application for ~~registration to~~
154		-	the registrar of the county in which the voter ~~resides. The~~
155		-	registrars shall coordinate to ensure that the ~~voter's existing~~
156		-	registration is canceled immediately after the ~~voter is registered~~
157		-	in the county in which the voter resides in ~~accordance with~~
158		-	Subsection (d-2).
	82	+	forward the notice and the voter's original application for
	83	+	registration to the registrar of the county in which the voter
	84	+	resides. The registrars shall coordinate to ensure that the
	85	+	voter's existing registration is canceled immediately after the
	86	+	voter is registered in the county in which the voter resides in
	87	+	accordance with Subsection (d-2).
159	88		(d-2) A registrar who receives a voter's notice and
160	89		application from another registrar under Subsection (d-1) shall
161	90		treat it as an original application for registration under Section
162	91		13.002, and shall register the voter if the voter resides in the
163	92		county and is otherwise eligible under Section 13.001.
164		-	SECTION 2.04. Section 15.028, Election Code, is amended to
	93	+	SECTION 2.03. Section 15.028, Election Code, is amended to
165	94		read as follows:
166	95		Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
167	96		PROSECUTOR]. [(a)] If the registrar determines that a person who
168		-	is not eligible to vote registered to vote or [a registered voter]
169		-	voted in an election, the registrar shall, within 72 hours not
170		-	including weekends after making the determination, execute and
	97	+	is not eligible to vote either registered to vote or [a registered
	98	+	voter] voted in an election, the registrar shall execute and
171	99		deliver to the attorney general, the secretary of state, and the
172	100		county or district attorney having jurisdiction in the territory
173	101		covered by the election an affidavit stating the relevant facts.
174	102		[(b) If the election covers territory in more than one
175	103		county, the registrar shall also deliver an affidavit to the
176	104		attorney general.]
177		-	SECTION 2.05. Section 16.0332, Election Code, is amended
178		-	by amending Subsection (a) and adding Subsections (a-1), (d), and
179		-	(e) to read as follows:
180		-	(a) After the registrar receives notification [a list]
181		-	under Subsection (a-1) of this section, Section 18.068 of this
182		-	code, or Section 62.113, Government Code, of persons excused or
183		-	disqualified from jury service because of citizenship status or
184		-	notification of persons who indicate a lack of citizenship status
185		-	in connection with a motor vehicle or Department of Public Safety
186		-	record as provided by Subsection (a-1), the registrar shall deliver
187		-	to each registered voter whose name appears on the list a written
188		-	notice requiring the voter to submit to the registrar proof of
189		-	United States citizenship in the form of a certified copy of the
190		-	voter's birth certificate, United States passport, or certificate
191		-	of naturalization or any other form prescribed by the secretary of
192		-	state. The notice shall be delivered by forwardable mail to the
193		-	mailing address on the voter's registration application and to any
194		-	new address of the voter known to the registrar.
195		-	(a-1) The secretary of state shall enter into an agreement
196		-	with the Department of Public Safety under which information in the
197		-	existing statewide computerized voter registration list is
198		-	compared against information in the database of the Department of
199		-	Public Safety on a monthly basis to verify the accuracy of
200		-	citizenship status information previously provided on voter
201		-	registration applications. In comparing information under this
202		-	subsection, the secretary of state shall consider only a voter's
203		-	information in the database of the Department of Public Safety that
204		-	was derived from documents presented by the voter to the department
205		-	after the person's current voter registration became effective, and
206		-	may not consider information derived from documents presented by
207		-	the voter to the department before the person's current voter
208		-	registration became effective.
209		-	(d) The secretary of state shall prescribe rules for the
210		-	administration of this section.
211		-	(e) Not later than December 31 of each year, the secretary
212		-	of state shall provide a report to the legislature of the number of
213		-	voter registrations canceled under this section during the calendar
214		-	year.
215		-	SECTION 2.06. Section 18.065, Election Code, is amended by
216		-	adding Subsections (e), (f), (g), (h), and (i) to read as follows:
217		-	(e) If the secretary of state determines that a voter
218		-	registrar is not in substantial compliance with a requirement
219		-	imposed on the registrar by a provision or rule described in
220		-	Subsection (a), the secretary of state shall:
221		-	(1) for the first violation, require the registrar to
222		-	attend a training course under Subsection (h);
223		-	(2) for the second violation, audit the voter
224		-	registration list for the county in which the registrar serves to
225		-	determine the actions needed to achieve substantial compliance
226		-	under Subsection (a) and provide the results of the audit to the
227		-	registrar; or
228		-	(3) for a third or subsequent violation, if the
229		-	secretary of state determines that the registrar has not performed
230		-	any overt actions in pursuance of compliance with the actions
231		-	identified under Subdivision (2) as necessary for the registrar to
232		-	achieve substantial compliance under Subsection (a) within 14 days
233		-	of receiving the results of the audit conducted under that
234		-	subsection, inform the attorney general that the county which the
235		-	registrar serves may be subject to a civil penalty under Subsection
236		-	(f).
237		-	(f) A county is liable to this state for a civil penalty of
238		-	$1,000 for each day after the 14th day following the receipt of the
239		-	results of the audit conducted under Subsection (e)(2) that the
240		-	county's voter registrar fails to take overt action to comply with
241		-	the actions identified under that subsection as necessary for the
242		-	registrar to achieve substantial compliance under Subsection (a).
243		-	The attorney general may bring an action to recover a civil penalty
244		-	imposed under this section.
245		-	(g) A civil penalty collected by the attorney general under
246		-	this section shall be deposited in the state treasury to the credit
247		-	of the general revenue fund.
248		-	(h) The secretary of state shall develop and implement a
249		-	training course for registrars on substantial compliance with
250		-	Sections 15.083, 16.032, and 18.061 and with rules implementing the
251		-	statewide computerized voter registration list.
252		-	(i) The secretary of state shall adopt rules and prescribe
253		-	procedures for the implementation of this section.
254		-	SECTION 2.07. Section 18.068, Election Code, is amended by
255		-	amending Subsection (a) and adding Subsection (a-1) to read as
256		-	follows:
257		-	(a) The secretary of state shall quarterly compare the
258		-	information received under Section 16.001 of this code and Sections
259		-	[Section] 62.113 and 62.114, Government Code, to the statewide
260		-	computerized voter registration list. If the secretary determines
261		-	that a voter on the registration list is deceased or has been
262		-	excused or disqualified from jury service because the voter is not a
263		-	citizen or a resident of the county in which the voter is registered
264		-	to vote, the secretary shall send notice of the determination
265		-	to the voter registrar of the counties considered appropriate by
266		-	the secretary.
267		-	(a-1) The secretary of state is not required to send notice
268		-	under Subsection (a) for a voter who is subject to an exemption from
269		-	jury service under Section 62.106, Government Code, if that
270		-	exemption is the only reason the voter is excused from jury service.
271		-	SECTION 2.08. Section 31.006, Election Code, is amended to
272		-	read as follows:
273		-	Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
274		-	(a) If, after receiving or discovering information indicating that
275		-	[a complaint alleging] criminal conduct in connection with an
276		-	election has occurred, the secretary of state determines that there
277		-	is reasonable cause to suspect that [the alleged] criminal conduct
278		-	occurred, the secretary shall promptly refer the information
279		-	[complaint] to the attorney general. The secretary shall deliver
280		-	to the attorney general all pertinent documents and information in
281		-	the secretary's possession.
282		-	(b) The documents and information submitted under
283		-	Subsection (a) are not considered public information until:
284		-	(1) the secretary of state makes a determination that
285		-	the information [complaint] received does not warrant an
286		-	investigation; or
287		-	(2) if referred to the attorney general, the attorney
288		-	general has completed the investigation or has made a determination
289		-	that the information [complaint] referred does not warrant an
290		-	investigation.
291		-	SECTION 2.09. Subchapter B, Chapter 87, Election Code, is
292		-	amended by adding Section 87.028 to read as follows:
293		-	Sec. 87.028. ACCESS TO INFORMATION. (a) On request, a
294		-	county election official shall provide to a member of an early
295		-	voting ballot board all available information necessary to
296		-	fulfilling the functions of the board, including any information
297		-	from the statewide computerized voter registration list under
298		-	Section 18.061.
299		-	(b) On request, a county election official shall provide to
300		-	a member of a signature verification committee all available
301		-	information necessary to fulfilling the functions of the committee,
302		-	including any information from the statewide computerized voter
303		-	registration list under Section 18.061.
304		-	(c) The secretary of state shall adopt rules as necessary to
305		-	prevent a member of an early voting ballot board or signature
306		-	verification committee from retaining or sharing personally
307		-	identifiable information from the statewide computerized voter
308		-	registration list under Section 18.061 obtained under this section
309		-	for any reason unrelated to the official's official duties.
310		-	SECTION 2.10. Section 62.113(b), Government Code, is
311		-	amended to read as follows:
312		-	(b) On the third business day of each month, the clerk shall
313		-	send a copy of the list of persons excused or disqualified because
314		-	of citizenship in the previous month to:
315		-	(1) the voter registrar of the county;
316		-	(2) the secretary of state; and
317		-	(3) the county or district attorney[, as applicable,]
318		-	for an investigation of whether the person committed an offense
319		-	under Section 13.007, Election Code, or other law.
320		-	SECTION 2.11. Sections 62.114(b) and (c), Government Code,
321		-	are amended to read as follows:
322		-	(b) On the third business day of each month, the clerk shall
323		-	send [to the voter registrar of the county] a copy of the list of
324		-	persons excused or disqualified in the previous month because the
325		-	persons do not reside in the county to:
326		-	(1) the voter registrar of the county; and
327		-	(2) the secretary of state.
328		-	(c) A list compiled under this section may not be used for a
329		-	purpose other than a purpose described by Subsection (b) or Section
330		-	15.081 or 18.068, Election Code.
331	105		ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS
332	106		SECTION 3.01. Section 2.053(a), Election Code, is amended
333	107		to read as follows:
334	108		(a) On receipt of the certification, the governing body of
335	109		the political subdivision by order or ordinance shall [may] declare
336		-	each unopposed candidate elected to the office. If no election is
337		-	to be held on election day by the political subdivision, a copy of
338		-	~~the~~ order or ordinance shall be posted on election day at each
339		-	~~polling~~ place used or that would have been used in the election.
	110	+	each unopposed candidate elected to the office. If no election is to
	111	+	be held on election day by the political subdivision, a copy of the
	112	+	order or ordinance shall be posted on election day at each polling
	113	+	place used or that would have been used in the election.
340	114		SECTION 3.02. Section 2.056(c), Election Code, is amended
341	115		to read as follows:
342	116		(c) A certifying authority shall [may] declare a candidate
343	117		elected to an office of the state or county government if, were the
344	118		election held, only the votes cast for that candidate in the
345	119		election for that office may be counted.
346	120		SECTION 3.03. Sections 43.007(c) and (d), Election Code,
347	121		are amended to read as follows:
348	122		(c) In conducting the program, the secretary of state shall
349	123		provide for an audit of the voting system equipment [direct
350	124		recording electronic voting units] before and after the election,
351	125		and during the election to the extent such an audit is practicable.
352	126		(d) The secretary of state shall select to participate in
353	127		the program each county that:
354	128		(1) has held a public hearing under Subsection (b);
355	129		(2) has submitted documentation listing the steps
356	130		taken to solicit input on participating in the program by
357	131		organizations or persons who represent the interests of voters;
358	132		(3) has implemented a computerized voter registration
359	133		list that allows an election officer at the polling place to verify
360	134		that a voter has not previously voted in the election;
361	135		(4) uses direct recording electronic voting machines,
362	136		ballot marking devices, or hand-marked scannable paper ballots that
363	137		are printed and scanned at the polling place or any other type of
364	138		voting system equipment that the secretary of state determines is
365	139		capable of processing votes for each type of ballot to be voted in
366	140		the county; and
367	141		(5) is determined by the secretary of state to have the
368	142		appropriate technological capabilities.
369	143		SECTION 3.04. Section 43.031(b), Election Code, is amended
370	144		to read as follows:
371	145		(b) Each polling place shall be located inside a building.
372	146		No voter may cast a vote from inside a motor vehicle unless the
373	147		voter meets the requirements of Section 64.009.
374	148		SECTION 3.05. Section 52.092(a), Election Code, is amended
375	149		to read as follows:
376	150		(a) Except as provided by Section 2.053(c) or 2.056(e), for
377	151		[For] an election at which offices regularly filled at the general
378	152		election for state and county officers are to appear on the ballot,
379	153		the offices shall be listed in the following order:
380	154		(1) offices of the federal government;
381	155		(2) offices of the state government:
382	156		(A) statewide offices;
383	157		(B) district offices;
384	158		(3) offices of the county government:
385	159		(A) county offices;
386	160		(B) precinct offices.
387		-	SECTION 3.06. Section 61.002, Election Code, is amended to
388		-	read as follows:
389		-	Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
390		-	(a) Immediately before opening the polls for voting on the first
391		-	day of early voting and on election day, the presiding election
392		-	judge or alternate election judge shall confirm that each voting
393		-	machine has any public counter reset to zero and shall print the
394		-	tape that shows the counter was set to zero for each candidate or
395		-	measure on the ballot.
396		-	(b) At the official time for opening the polls for voting,
397		-	an election officer shall open the polling place entrance and admit
398		-	the voters.
399		-	(c) Immediately after closing the polls for voting on
400		-	election day, the presiding election judge or alternate election
401		-	judge shall print the tape to show the number of votes cast for each
402		-	candidate or ballot measure for each voting machine.
403		-	(d) Each election judge or alternate election judge present
404		-	shall sign a tape printed under this section.
405		-	SECTION 3.07. Section 64.007(c), Election Code, is amended
	161	+	SECTION 3.06. Section 64.007(c), Election Code, is amended
406	162		to read as follows:
407	163		(c) An election officer shall maintain a register of spoiled
408	164		ballots at the polling place. An election officer shall enter on
409	165		the register the name of each voter who returns a spoiled ballot and
410	166		the spoiled ballot's number. The secretary of state shall create
411	167		and promulgate a form to be used for this purpose.
412		-	SECTION 3.08. Subchapter A, Chapter 66, Election Code, is
	168	+	SECTION 3.07. Subchapter A, Chapter 66, Election Code, is
413	169		amended by adding Section 66.004 to read as follows:
414		-	Sec. 66.004. POLLING PLACE ~~CHECKLISTS~~. The secretary of
415		-	~~state~~ shall adopt rules and create a checklist or similar
416		-	~~guidelines to~~ assist the presiding judge of a polling place in
417		-	~~processing forms~~ and conducting procedures required by this code at
418		-	~~the opening and closing of~~ the polling place.
419		-	SECTION 3.09. Section 85.005, Election Code, is amended to
	170	+	Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
	171	+	shall adopt rules and create a checklist or similar guidelines to
	172	+	assist the presiding judge of a polling place in processing forms
	173	+	and conducting procedures required by this code at the closing of
	174	+	the polling place.
	175	+	SECTION 3.08. Section 85.005, Election Code, is amended to
420	176		read as follows:
421	177		Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
422	178		as provided by Subsection (c), in an election in which a county
423	179		clerk [or city secretary] is the early voting clerk under Section
424	180		83.002 [or 83.005], early voting by personal appearance at the main
425	181		early voting polling place shall be conducted on each weekday of
426	182		[the weekdays of] the early voting period that is not a legal state
427	183		holiday and for a period of at least nine hours, except that voting
428	184		may not be conducted earlier than 6 a.m. or later than 10 p.m.
429	185		[during the hours that the county clerk's or city secretary's main
430	186		business office is regularly open for business.]
431	187		(b) In an election to which Subsection (a) does not apply,
432	188		early voting by personal appearance at the main early voting
433	189		polling place shall be conducted at least nine [eight] hours each
434	190		weekday of the early voting period that is not a legal state holiday
435	191		unless the territory covered by the election has fewer than 1,000
436	192		registered voters. In that case, the voting shall be conducted at
437	193		least four [three] hours each day. The authority ordering the
438	194		election, or the county clerk if that person is the early voting
439	195		clerk, shall determine which hours the voting is to be conducted.
440	196		(c) In a county with a population of 55,000 [100,000] or
441	197		more, the voting in a primary election or the general election for
442	198		state and county officers shall be conducted at the main early
443	199		voting polling place for at least 12 hours on each weekday of the
444	200		last week of the early voting period, and the voting in a special
445	201		election ordered by the governor shall be conducted at the main
446	202		early voting polling place for at least 12 hours on each of the last
447	203		two days of the early voting period. Voting under this subsection
448	204		may not be conducted earlier than 6 a.m. or later than 10 p.m.
449	205		Voting shall be conducted in accordance with this subsection in
450	206		those elections in a county with a population under 55,000
451	207		[100,000] on receipt by the early voting clerk of a written request
452	208		for the extended hours submitted by at least 15 registered voters of
453	209		the county. The request must be submitted in time to enable
454	210		compliance with Section 85.067.
455	211		(d) A voter who has not voted before the scheduled time for
456	212		closing a polling place is entitled to vote after that time if the
457		-	voter is in line at the polling place by closing time. ~~The~~
458		-	~~secretary~~ of state shall promulgate any materials and provide any
459		-	~~training to~~ presiding judges necessary to properly process voters
460		-	~~under this~~ subsection [In an election ordered by a city, early
461		-	~~voting by~~ personal appearance at the main early voting polling
462		-	~~place shall be~~ conducted for at least 12 hours:
	213	+	voter is in line at the polling place by closing time. The secretary
	214	+	of state shall promulgate any materials and provide any training to
	215	+	presiding judges necessary to properly process voters under this
	216	+	subsection [In an election ordered by a city, early voting by
	217	+	personal appearance at the main early voting polling place shall be
	218	+	conducted for at least 12 hours:
463	219		[(1) on one weekday, if the early voting period
464	220		consists of less than six weekdays; or
465	221		[(2) on two weekdays, if the early voting period
466	222		consists of six or more weekdays].
467		-	SECTION 3.10. Sections 85.006(b) and (e), Election Code,
	223	+	SECTION 3.09. Sections 85.006(b) and (e), Election Code,
468	224		are amended to read as follows:
469	225		(b) In an election in which a county clerk [or city
470	226		secretary] is the early voting clerk under Section 83.002 [or
471	227		83.005], only the early voting clerk may order voting on a Saturday
472	228		or Sunday. The clerk must do so by written order.
473	229		(e) In a primary election or the general election for state
474	230		and county officers in a county with a population of 55,000
475	231		[100,000] or more, the early voting clerk shall order voting by
476	232		personal appearance [voting] at the main early voting polling place
477	233		to be conducted on the last Saturday of the early voting period for
478	234		at least 12 hours, except that voting may not be conducted earlier
479	235		than 6 a.m. or later than 10 p.m., [on the last Saturday] and on the
480	236		last Sunday of the early voting period for at least six [five]
481	237		hours, except that voting may not be conducted earlier than 9 a.m.
482	238		or later than 10 p.m [on the last Sunday of the early voting
483	239		period]. The early voting clerk shall order voting to be conducted
484	240		at those times in those elections in a county with a population
485	241		under 55,000 [100,000] on receipt of a written request for those
486	242		hours submitted by at least 15 registered voters of the county. The
487	243		request must be submitted in time to enable compliance with Section
488		-	85.007. This subsection supersedes any provision of this
489		-	~~subchapter~~ to the extent of any conflict.
490		-	SECTION 3.11. Section 85.010(a-1), Election Code, is
	244	+	85.007. This subsection supersedes any provision of this subchapter
	245	+	to the extent of any conflict.
	246	+	SECTION 3.10. Section 85.010(a-1), Election Code, is
491	247		amended to read as follows:
492	248		(a-1) In this section, "eligible county polling place"
493	249		means an early voting polling place[, other than a polling place
494	250		established under Section 85.062(e),] established by a county.
495		-	SECTION 3.12. Section 85.061(a), Election Code, is amended
	251	+	SECTION 3.11. Section 85.061(a), Election Code, is amended
496	252		to read as follows:
497	253		(a) In a countywide election in which the county clerk is
498	254		the early voting clerk under Section 83.002, an early voting
499	255		polling place shall be located inside [at] each branch office that
500	256		is regularly maintained for conducting general clerical functions
501	257		of the county clerk, except as provided by Subsection (b). If a
502	258		suitable room is unavailable inside the branch office, the polling
503	259		place may be located in another room inside the same building as the
504	260		branch office.
505		-	SECTION 3.13. Section 85.062, Election Code, is amended by
	261	+	SECTION 3.12. Section 85.062, Election Code, is amended by
506	262		amending Subsection (b) and adding Subsection (f-1) to read as
507	263		follows:
508	264		(b) A polling place established under this section may be
509	265		located, subject to Subsection (d), at any place in the territory
510	266		served by the early voting clerk and may be located inside [in] any
511	267		building [stationary structure] as directed by the authority
512	268		establishing the branch office. The polling place may not be
513	269		located in a movable structure in the general election for state and
514	270		county officers, general primary election, or runoff primary
515	271		election. Ropes or other suitable objects may be used at the
516	272		polling place to ensure compliance with Section 62.004. Persons
517	273		who are not expressly permitted by law to be in a polling place
518	274		shall be excluded from the polling place to the extent practicable.
519	275		(f-1) Notwithstanding any other provision of this section
520	276		concerning the location of temporary branch polling places, in an
521	277		election in which countywide polling places are used, the
522	278		commissioners court of a county shall employ the same methodology
523	279		it uses to determine the location of countywide polling places to
524	280		determine the location of temporary branch polling places.
525		-	SECTION 3.14. Section 87.002, Election Code, is amended to
526		-	read as follows:
527		-	Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
528		-	ballot board consists of a presiding judge, an alternate presiding
529		-	judge, and at least one [two] other member [members].
530		-	(b) Except as provided by Subsection (d), the presiding
531		-	judge and the alternate presiding judge are [is] appointed in the
532		-	same manner as a presiding election judge and alternate presiding
533		-	election judge, respectively. Except as provided by Subsection
534		-	(c), each [the] other member is [members are] appointed by the
535		-	presiding judge in the same manner as the precinct election clerks.
536		-	(c) In the general election for state and county officers,
537		-	each county chair of a political party with nominees on the general
538		-	election ballot shall submit to the county election board a list of
539		-	names of persons eligible to serve on the early voting ballot board
540		-	in order of the county chair's preference. The county election
541		-	board shall appoint at least one person from each list to serve as a
542		-	member of the early voting ballot board. The same number of members
543		-	must be appointed from each list. The county election board shall
544		-	appoint persons as members of the early voting ballot board in the
545		-	order of preference indicated on each list.
546		-	(d) In addition to the members appointed under Subsection
547		-	(c), the county election board shall appoint as the presiding judge
548		-	the highest-ranked person on [from] the list provided under that
549		-	subsection by the political party whose nominee for governor
550		-	received the most votes in the county in the most recent
551		-	gubernatorial general election and as the alternate presiding judge
552		-	the highest-ranked person on the list provided under that
553		-	subsection by the political party whose nominee for governor
554		-	received the second most votes in the county in the most recent
555		-	gubernatorial general election.
556		-	SECTION 3.15. Section 124.002, Election Code, is amended by
	281	+	SECTION 3.13. Section 124.002, Election Code, is amended by
557	282		adding Subsection (c) to read as follows:
558	283		(c) Voting system ballots may not be arranged in a manner
559	284		that allows a political party's candidates to be selected in one
560	285		motion or gesture.
561		-	SECTION 3.16. Sections 127.006(a) and (c), Election Code,
562		-	are amended to read as follows:
563		-	(a) The [Both the] manager, [and] the presiding judge, and
564		-	the alternate presiding judge may appoint clerks to serve at the
565		-	central counting station.
566		-	(c) A clerk appointed by the manager serves under the
567		-	manager and shall perform the functions directed by the manager. A
568		-	clerk appointed by the presiding judge or the alternate presiding
569		-	judge serves under the presiding judge and shall perform the
570		-	functions directed by the presiding judge.
571		-	SECTION 3.17. Subchapter A, Chapter 127, Election Code, is
572		-	amended by adding Section 127.009 to read as follows:
573		-	Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING
574		-	STATION. (a) A counting station manager and the presiding judge of
575		-	the counting station shall develop a protocol under which any
576		-	electronic device inside a central counting station that is
577		-	necessary to count votes is equipped with software that tracks all
578		-	input and activity on the electronic device.
579		-	(b) The counting station manager and the presiding judge of
580		-	the counting station shall ensure that the input and activity
581		-	tracked by the software is delivered to the secretary of state not
582		-	later than the fifth day after vote counting is complete.
583		-	(c) This section applies only to a central counting station
584		-	located in a county with a population of 250,000 or more.
585		-	SECTION 3.18. Section 127.1232, Election Code, is amended
586		-	to read as follows:
587		-	Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
588		-	custodian of election records shall post a licensed peace officer
589		-	[guard] to ensure the security of ballot boxes containing voted
590		-	ballots throughout the period of tabulation at the central counting
591		-	station.
592		-	(b) The general custodian of election records in a county
593		-	with a population of 100,000 or more shall implement a video
594		-	surveillance system that retains a record of all areas containing
595		-	voted ballots:
596		-	(1) from the time the voted ballots are delivered to
597		-	the central counting station until the canvass of precinct election
598		-	returns; and
599		-	(2) from the time the voted ballots are delivered to
600		-	the signature verification committee or early voting ballot board
601		-	until the canvass of precinct election returns.
602		-	(c) A video from a system implemented under Subsection (b)
603		-	shall be made available to the public by a livestream.
604		-	(d) The video recorded is an election record under Section
605		-	1.012 and shall be retained by the general custodian of election
606		-	records until the end of the calendar year in which an election is
607		-	held or until an election contest filed in the county has been
608		-	resolved, whichever is later.
609		-	SECTION 3.19. Chapter 127, Election Code, as effective
610		-	September 1, 2021, is amended by adding Subchapter J to read as
611		-	follows:
612		-	SUBCHAPTER J. RANDOMIZED AUDITS
613		-	Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately
614		-	after the uniform election date in November of an even-numbered
615		-	year, the secretary of state shall conduct an audit of the elections
616		-	held in four counties during the previous two years.
617		-	(b) The secretary of state shall select the counties to be
618		-	audited under Subsection (a) at random, except that:
619		-	(1) two of the counties selected must have a total
620		-	population of less than 300,000;
621		-	(2) two of the counties selected must have a total
622		-	population of 300,000 or more; and
623		-	(3) a county selected in the most recent audit cycle
624		-	may not be selected in the current audit cycle.
625		-	(c) A county selected to be audited may not pay the cost of
626		-	performing an audit under this section.
627		-	(d) The secretary of state shall adopt rules as necessary to
628		-	implement this section.
629	286		ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
630	287		SECTION 4.01. Section 32.075, Election Code, is amended by
631	288		adding Subsections (g) and (h) to read as follows:
632	289		(g) A presiding judge may not have a watcher duly accepted
633	290		for service under Subchapter A, Chapter 33, removed from the
634		-	polling place for violating a provision of this code or any other
635		-	provision of law relating to the conduct of elections, other than a
636		-	violation of the Penal Code, unless the violation was observed by an
637		-	election judge or clerk.
	291	+	polling place for violating a provision of this code, the Penal
	292	+	Code, or any other provision of law relating to the conduct of
	293	+	elections, unless the violation was observed by an election judge
	294	+	or clerk after the watcher was previously warned that the watcher's
	295	+	conduct violated the law.
638	296		(h) Notwithstanding Subsection (g), a presiding judge may
639	297		call a law enforcement officer to request that a poll watcher be
640	298		removed if the poll watcher commits a breach of the peace or a
641	299		violation of law.
642	300		SECTION 4.02. Subchapter A, Chapter 33, Election Code, is
643	301		amended by adding Section 33.0015 to read as follows:
644	302		Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
645	303		purpose of this chapter is to preserve the integrity of the ballot
646	304		box in accordance with Section 4, Article VI, Texas Constitution,
647	305		by providing for the appointment of watchers. It is the intent of
648	306		the legislature that watchers duly accepted for service under this
649	307		chapter be allowed to observe and report on irregularities in the
650	308		conduct of any election, but may not interfere in the orderly
651	309		conduct of an election. To effect that purpose, a watcher appointed
652	310		under this chapter shall observe without obstructing the conduct of
653	311		an election and call to the attention of an election officer any
654	312		observed or suspected irregularity or violation of law in the
655	313		conduct of the election.
656		-	SECTION 4.03. Subchapter A, Chapter 33, Election Code, is
657		-	amended by adding Section 33.0016 to read as follows:
658		-	Sec. 33.0016. REFERENCES TO EARLY VOTING BALLOT BOARD IN
659		-	THIS CHAPTER. A reference in this chapter to an early voting ballot
660		-	board includes a signature verification committee.
661		-	SECTION 4.04. Subchapter A, Chapter 33, Election Code, is
662		-	amended by adding Section 33.008 to read as follows:
663		-	Sec. 33.008. TRAINING PROGRAM. The secretary of state
664		-	shall develop and maintain a training program for watchers. The
665		-	training program must:
666		-	(1) be available:
667		-	(A) entirely via the Internet; and
668		-	(B) at any time, without a requirement for prior
669		-	registration; and
670		-	(2) provide a watcher who completes the training with
671		-	a certificate of completion.
672		-	SECTION 4.05. Section 33.031, Election Code, is amended by
673		-	adding Subsection (b) to read as follows:
674		-	(b) In addition to the requirements of Subsection (a), to be
675		-	eligible to serve as a watcher, a person must complete training
676		-	under Section 33.008.
677		-	SECTION 4.06. Section 33.051, Election Code, is amended by
678		-	amending Subsections (a), (b), (d), and (e) and adding Subsections
679		-	(a-1), (g), and (h) to read as follows:
680		-	(a) A watcher appointed to serve at a precinct polling
681		-	place, a meeting place for an early voting ballot board, or a
682		-	central counting station must deliver the following materials [a
683		-	certificate of appointment] to the presiding judge at the time the
684		-	watcher reports for service:
685		-	(1) a certificate of appointment; and
686		-	(2) a certificate of completion from training
687		-	completed by the watcher under Section 33.008.
688		-	(a-1) A watcher appointed to serve at an early voting
689		-	polling place must deliver the certificates under Subsection (a) [a
690		-	certificate of appointment] to the early voting clerk or deputy
691		-	clerk in charge of the polling place when the watcher first reports
692		-	for service.
693		-	(b) The officer presented with a watcher's certificates
694		-	[certificate of appointment] shall require the watcher to
695		-	countersign the certificate of appointment to ensure that the
696		-	watcher is the same person who signed the certificate of
697		-	appointment. Except as provided by Subsection (c), a watcher who
698		-	presents himself or herself at the proper time with the
699		-	certificates required under Subsection (a) [a certificate of
700		-	appointment] shall be accepted for service unless the person is
701		-	ineligible to serve or the number of appointees to which the
702		-	appointing authority is entitled have already been accepted.
703		-	(d) The certificates [certificate] of a watcher serving at
704		-	an early voting polling place shall be retained at the polling place
705		-	until voting at the polling place is concluded. At each subsequent
706		-	time that the watcher reports for service, the watcher shall inform
707		-	the clerk or deputy in charge. The officer may require the watcher
708		-	to sign the watcher's name in the officer's presence, for comparison
709		-	with the signature on the certificate of appointment, if the
710		-	officer is uncertain of the watcher's identity.
711		-	(e) If a watcher is not accepted for service, the
712		-	certificates [certificate of appointment] shall be returned to the
713		-	watcher with a signed statement of the reason for the rejection.
	314	+	SECTION 4.03. Section 33.051, Election Code, is amended by
	315	+	adding Subsections (g) and (h) to read as follows:
714	316		(g) An election officer commits an offense if the officer
715	317		intentionally or knowingly refuses to accept a watcher for service
716	318		when acceptance of the watcher is required by this section. An
717		-	offense under this subsection is a Class A misdemeanor.
	319	+	offense under this subsection is a Class B misdemeanor.
718	320		(h) Before accepting a watcher, the officer presented with a
719	321		watcher's certificate of appointment shall require the watcher to
720	322		take the following oath, administered by the officer: "I swear (or
721	323		affirm) that I will not disrupt the voting process or harass voters
722	324		in the discharge of my duties."
723		-	SECTION 4.07. Section 33.056, Election Code, is amended by
	325	+	SECTION 4.04. Section 33.056, Election Code, is amended by
724	326		amending Subsection (a) and adding Subsections (e) and (f) to read
725	327		as follows:
726	328		(a) Except as provided by Section 33.057, a watcher is
727	329		entitled to observe any activity conducted at the location at which
728	330		the watcher is serving. A watcher is entitled to sit or stand
729	331		[conveniently] near enough to see and hear the election officers
730	332		conducting the observed activity, except as otherwise prohibited by
731	333		this chapter.
732	334		(e) Except as provided by Section 33.057(b), a watcher may
733	335		not be denied free movement where election activity is occurring
734	336		within the location at which the watcher is serving.
735	337		(f) In this code, a watcher who is entitled to "observe" an
736	338		election activity is entitled to sit or stand near enough to see and
737	339		hear the activity.
738		-	SECTION 4.08. Subchapter C, Chapter 33, Election Code, is
	340	+	SECTION 4.05. Subchapter C, Chapter 33, Election Code, is
739	341		amended by adding Section 33.0605 to read as follows:
740	342		Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
741	343		(a) A watcher appointed to serve at a polling place in an election
742	344		who is available at the time of the action may observe all election
743	345		activities relating to closing the polling place, including the
744	346		sealing and transfer of a memory card, flash drive, hard drive, data
745	347		storage device, or other medium now existing or later developed
746	348		used by the voting system equipment.
747	349		(b) Notwithstanding any other provision of this code, a
748	350		watcher duly accepted for service at a polling location is entitled
749	351		to follow the transfer of election materials from the polling place
750	352		at which the watcher was accepted to a regional tabulating center,
751	353		the central counting station, or any other location designated to
752	354		process election materials. The authority responsible for
753	355		administering a regional tabulating center or another location
754	356		where election materials are processed must accept duly appointed
755	357		watchers for service in the same manner a watcher is accepted for
756	358		service under Section 33.051 and must accept the same number of
757	359		watchers that may serve under Section 33.007(a).
758		-	SECTION 4.09. Section 33.061(a), Election Code, is amended
	360	+	SECTION 4.06. Section 33.061(a), Election Code, is amended
759	361		to read as follows:
760	362		(a) A person commits an offense if the person serves in an
761	363		official capacity at a location at which the presence of watchers is
762	364		authorized and knowingly prevents a watcher from observing an
763	365		activity or procedure the person knows the watcher is entitled to
764	366		observe, including by taking any action to obstruct the view of a
765	367		watcher or distance the watcher from the activity or procedure to be
766	368		observed in a manner that would make observation not reasonably
767	369		effective.
768		-	SECTION 4.10. Subchapter C, Chapter 33, Election Code, is
	370	+	SECTION 4.07. Subchapter C, Chapter 33, Election Code, is
769	371		amended by adding Section 33.063 to read as follows:
770	372		Sec. 33.063. RELIEF. The appointing authority for a
771	373		watcher who believes that the watcher was unlawfully prevented or
772	374		obstructed from the performance of the watcher's duties may seek:
773	375		(1) injunctive relief under Section 273.081,
774	376		including issuance of temporary orders;
775	377		(2) a writ of mandamus under Section 161.009 or
776	378		273.061; and
777	379		(3) any other remedy available under law.
778		-	SECTION 4.11. Section 34.005, Election Code, is amended to
	380	+	SECTION 4.08. Section 34.005, Election Code, is amended to
779	381		read as follows:
780	382		Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The
781	383		secretary of state may refer a reported violation of law for
782	384		appropriate action to the attorney general, if the attorney general
783	385		has jurisdiction, or to a prosecuting attorney having jurisdiction.
784	386		(b) If the secretary of state believes that a state
785	387		inspector was unlawfully prevented or obstructed from the
786	388		performance of the inspector's duties, the secretary of state may
787	389		seek:
788	390		(1) injunctive relief under Section 273.081,
789	391		including issuance of temporary orders;
790	392		(2) a writ of mandamus under Section 161.009 or
791	393		273.061; and
792	394		(3) any other remedy available under law.
793		-	SECTION 4.12. Section 86.006, Election Code, is amended by
	395	+	SECTION 4.09. Section 86.006, Election Code, is amended by
794	396		amending Subsection (a) and adding Subsection (a-2) to read as
795	397		follows:
796	398		(a) A marked ballot voted under this chapter must be
797	399		returned to the early voting clerk in the official carrier
798	400		envelope. The carrier envelope may be delivered in another
799	401		envelope and must be transported and delivered only by:
800	402		(1) mail;
801	403		(2) common or contract carrier; or
802	404		(3) subject to Subsections [Subsection] (a-1) and
803	405		(a-2), in-person delivery by the voter who voted the ballot.
804	406		(a-2) An in-person delivery of a marked ballot voted under
805	407		this chapter must be received by an election official at the time of
806	408		delivery. The receiving official shall record the voter's name,
807	409		signature, and type of identification provided under Section
808	410		63.0101 on a roster prescribed by the secretary of state. The
809	411		receiving official shall attest on the roster that the delivery
810	412		complies with this section.
811		-	SECTION 4.13. Chapter 121, Election Code, is amended by
812		-	adding Section 121.004 to read as follows:
813		-	Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
814		-	PUBLIC INFORMATION. (a) Except as provided by Subsection (b), a
815		-	written letter, e-mail, or other communication, including a
816		-	communication made confidential by other law, between a public
817		-	official and a voting systems vendor:
818		-	(1) is not confidential;
819		-	(2) is public information for purposes of Chapter 552,
820		-	Government Code; and
821		-	(3) is not subject to an exception to disclosure
822		-	provided by Chapter 552, Government Code, other than Sections
823		-	552.110 and 552.1101, Government Code.
824		-	(b) A written letter, e-mail, or other communication
825		-	between a public official and a voting systems vendor is excepted
826		-	from disclosure under Chapter 552, Government Code, if the
827		-	communication discloses information, data, or records relating to
828		-	the security of elections critical infrastructure.
829		-	SECTION 4.14. Section 127.1301, Election Code, is amended
830		-	to read as follows:
831		-	Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING]
832		-	CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
833		-	OVERVOTES]. (a) In an election using centrally counted optical
834		-	scan ballots, the undervotes and overvotes on those ballots shall
835		-	be tallied, tabulated, and reported by race and by election
836		-	precinct in the form and manner prescribed by the secretary of
837		-	state.
838		-	(b) An authority operating a central counting station under
839		-	this chapter may not purchase or use a centrally counted optical
840		-	ballot scan system that uses a data storage disc on which
841		-	information, once written, is capable of being modified.
842		-	(c) An authority that purchases system components in order
843		-	to comply with this section is eligible to have 100 percent of the
844		-	cost of those system components reimbursed.
845		-	(d) Subsection (b) applies starting on the earlier of:
846		-	(1) the date on which the state certifies the first
847		-	centrally counted optical ballot scan system under this section; or
848		-	(2) September 1, 2026.
849		-	(e) This subsection and Subsection (d) expire October 1,
850		-	2026.
851		-	SECTION 4.15. Section 127.131, Election Code, is amended by
852		-	adding Subsection (f) to read as follows:
853		-	(f) The presiding judge of the central counting station
854		-	shall provide and attest to a written reconciliation of votes and
855		-	voters at the close of tabulation for election day and again after
856		-	the central counting station meets for the last time to process
857		-	late-arriving ballots by mail and provisional ballots. The
858		-	secretary of state shall create and promulgate rules and a form to
859		-	facilitate compliance with this subsection. The form shall be
860		-	posted on a website maintained by the county along with election
861		-	returns and results.
862		-	SECTION 4.16. Section 129.023, Election Code, is amended by
	413	+	SECTION 4.10. Section 129.023, Election Code, is amended by
863	414		adding Subsections (b-2) and (c-1) to read as follows:
864	415		(b-2) If the test is being conducted for an election in
865	416		which a county election board has been established under Section
866	417		51.002, the general custodian of election records shall notify each
867	418		member of the board of the test at least 48 hours before the date of
868	419		the test. If the county election board chooses to witness the test,
869	420		each member shall sign the statement required by Subsection (e)(1).
870	421		(c-1) A test conducted under this section must also require
871	422		the general custodian of election records to demonstrate, using a
872	423		representative sample of voting system equipment, that the source
873	424		code of the equipment has not been altered.
874	425		ARTICLE 5. VOTING BY MAIL
875	426		SECTION 5.01. Section 84.001(b), Election Code, is amended
876	427		to read as follows:
877	428		(b) Subject to Section 1.011, an [An] application must be
878	429		submitted in writing and signed by the applicant using ink on paper.
879	430		An electronic signature or photocopied signature is not permitted.
880	431		SECTION 5.02. Section 84.002, Election Code, as effective
881	432		September 1, 2021, is amended by amending Subsection (a) and adding
882		-	Subsection (~~b-1~~) to read as follows:
	433	+	Subsection (d) to read as follows:
883	434		(a) An early voting ballot application must include:
884	435		(1) the applicant's name and the address at which the
885	436		applicant is registered to vote;
886	437		(1-a) the following information:
887	438		(A) the number of the applicant's driver's
888		-	license~~, election identification certificate,~~ or personal
889		-	~~identification card issued by the Department of~~ Public Safety;
	439	+	license or personal identification card issued by the Department of
	440	+	Public Safety;
890	441		(B) if the applicant has not been issued a number
891	442		described by Paragraph (A), the last four digits of the applicant's
892	443		social security number; or
893	444		(C) a statement by the applicant that the
894	445		applicant has not been issued a number described by Paragraph (A) or
895	446		(B);
896	447		(2) for an application for a ballot to be voted by mail
897	448		on the ground of absence from the county of residence, the address
898	449		outside the applicant's county of residence to which the ballot is
899	450		to be mailed;
900	451		(3) for an application for a ballot to be voted by mail
901	452		on the ground of age or disability, the address of the hospital,
902	453		nursing home or other long-term care facility, or retirement
903	454		center, or of a person related to the applicant within the second
904	455		degree by affinity or the third degree by consanguinity, as
905	456		determined under Chapter 573, Government Code, if the applicant is
906	457		living at that address and that address is different from the
907	458		address at which the applicant is registered to vote;
908	459		(4) for an application for a ballot to be voted by mail
909	460		on the ground of confinement in jail, the address of the jail or of a
910	461		person related to the applicant within the degree described by
911	462		Subdivision (3);
912	463		(5) for an application for a ballot to be voted by mail
913	464		on any ground, an indication of each election for which the
914	465		applicant is applying for a ballot;
915	466		(6) an indication of the ground of eligibility for
916	467		early voting; and
917	468		(7) for an application for a ballot to be voted by mail
918	469		on the ground of involuntary civil commitment, the address of the
919	470		facility operated by or under contract with the Texas Civil
920	471		Commitment Office or of a person related to the applicant within the
921	472		degree of consanguinity described by Subdivision (3).
922		-	(b-1) A person may use the number of a driver's license,
923		-	election identification certificate, or personal identification
924		-	card that has expired for the purpose of fulfilling the requirement
925		-	under Subsection (a)(1-a) if the license or identification is
926		-	otherwise valid.
	473	+	(d) A person may use the number of a driver's license or
	474	+	personal identification card that has expired for the purpose of
	475	+	fulfilling the requirement under Subsection (a)(1-a) if the license
	476	+	or identification is otherwise valid.
927	477		SECTION 5.03. Section 84.011(a), Election Code, as
928	478		effective September 1, 2021, is amended to read as follows:
929	479		(a) The officially prescribed application form for an early
930	480		voting ballot must include:
931	481		(1) immediately preceding the signature space the
932	482		statement: "I certify that the information given in this
933	483		application is true, and I understand that giving false information
934	484		in this application is a crime.";
935	485		(2) a statement informing the applicant of the
936	486		offenses prescribed by Sections 84.003 and 84.004;
937	487		(3) spaces for entering an applicant's voter
938	488		registration number and county election precinct of registration,
939	489		with a statement informing the applicant that failure to furnish
940	490		that information does not invalidate the application;
941	491		(3-a) a space for entering the information required
942	492		under Section 84.002(a)(1-a); and
943	493		(4) on an application for a ballot to be voted by mail:
944	494		(A) a space for an applicant applying on the
945	495		ground of absence from the county of residence to indicate the date
946	496		on or after which the applicant can receive mail at the address
947	497		outside the county;
948	498		(B) a space for indicating the fact that an
949	499		applicant whose application is signed by a witness cannot make the
950	500		applicant's mark and a space for indicating the relationship or
951	501		lack of relationship of the witness to the applicant;
952	502		(C) a space for entering an applicant's telephone
953	503		number, with a statement informing the applicant that failure to
954	504		furnish that information does not invalidate the application;
955	505		(D) a space or box for an applicant applying on
956	506		the ground of age or disability to indicate that the address to
957	507		which the ballot is to be mailed is the address of a facility or
958	508		relative described by Section 84.002(a)(3), if applicable;
959	509		(E) a space or box for an applicant applying on
960	510		the ground of confinement in jail or involuntary civil commitment
961	511		to indicate that the address to which the ballot is to be mailed is
962	512		the address of a relative described by Section 84.002(a)(4) or (7),
963	513		if applicable;
964	514		(F) a space for an applicant applying on the
965	515		ground of age or disability to indicate if the application is an
966	516		application under Section 86.0015;
967	517		(G) spaces for entering the signature, printed
968	518		name, and residence address of any person assisting the applicant;
969	519		(H) a statement informing the applicant of the
970	520		condition prescribed by Section 81.005; and
971	521		(I) a statement informing the applicant of the
972	522		requirement prescribed by Section 86.003(c).
973		-	SECTION 5.04. Subchapter A, Chapter 84, Election Code, is
974		-	amended by adding Section 84.0111 to read as follows:
975		-	Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a)
976		-	Except as provided by Subsection (c) or as otherwise authorized by
977		-	this code, an officer or employee of this state or of a political
978		-	subdivision of this state may not distribute an application form
979		-	for an early voting ballot to a person who did not request an
980		-	application under Section 84.001.
981		-	(b) An officer or employee of this state or of a political
982		-	subdivision of this state may not use public funds to facilitate the
983		-	distribution by another person of an application form for an early
984		-	voting ballot to a person who did not request an application under
985		-	Section 84.001.
986		-	(c) A political party or a candidate for office may
987		-	distribute an application form for an early voting ballot to a
988		-	person who did not request an application under Section 84.001.
989		-	SECTION 5.05. Section 84.032(c), Election Code, is amended
	523	+	SECTION 5.04. Section 84.032(c), Election Code, is amended
990	524		to read as follows:
991	525		(c) An applicant may submit a request after the close of
992	526		early voting by personal appearance by appearing in person and:
993	527		(1) returning the ballot to be voted by mail to the
994	528		early voting clerk; or
995	529		(2) executing an affidavit that the applicant:
996	530		(A) has not received the ballot to be voted by
997	531		mail; [or]
998	532		(B) never requested a ballot to be voted by mail;
999	533		or
1000	534		(C) received notice of a defect under Section
1001		-	87.0271(b) or (c) or 87.0411(b) or (c).
1002		-	SECTION 5.06. Section 84.035, Election Code, is amended to
1003		-	read as follows:
1004		-	Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early
1005		-	voting clerk cancels an application by an applicant to whom an early
1006		-	voting ballot has been sent, the clerk shall:
1007		-	(1) remove the applicant's name from the early voting
1008		-	roster; and
1009		-	(2) make any other entries in the records and take any
1010		-	other action necessary to prevent the ballot from being counted if
1011		-	returned.
1012		-	(b) An election judge may permit a person to whom an early
1013		-	voting ballot has been sent who cancels the person's application
1014		-	for a ballot to be voted by mail in accordance with Section 84.032
1015		-	but fails to return the ballot to be voted by mail to the early
1016		-	voting clerk, deputy early voting clerk, or presiding judge as
1017		-	provided by that section to vote only a provisional ballot under
1018		-	Section 63.011.
1019		-	SECTION 5.07. Section 86.001, Election Code, is amended by
1020		-	adding Subsections (f), (f-1), and (f-2) to read as follows:
	535	+	87.0271(b) or 87.0411(b).
	536	+	SECTION 5.05. Section 86.001, Election Code, is amended by
	537	+	adding Subsection (f) to read as follows:
1021	538		(f) If the information required under Section
1022		-	84.002(a)(1-a) included on the application does not identify the
1023		-	same voter identified on the applicant's application for voter
1024		-	registration under Section 13.002(c)(8), the clerk shall reject the
1025		-	application.
1026		-	(f-1) If an application is rejected under Subsection (f),
1027		-	the clerk shall provide notice of the rejection in accordance with
1028		-	Subsection (c). The notice must include information regarding the
1029		-	ability to correct or add information required under Section
1030		-	84.002(a)(1-a) through the online tool described by Section
1031		-	86.015(c).
1032		-	(f-2) If an applicant corrects an application for a ballot
1033		-	to be voted by mail online and that application subsequently
1034		-	identifies the same voter identified on the applicant's application
1035		-	for voter registration, the clerk shall provide a ballot to the
1036		-	applicant as provided by this chapter.
1037		-	SECTION 5.08. Section 86.002, Election Code, is amended by
	539	+	84.002(a)(1-a) included on the application does not match the
	540	+	information on the applicant's application for voter registration
	541	+	under Section 13.002(c)(8), the clerk shall reject the application.
	542	+	SECTION 5.06. Section 86.002, Election Code, is amended by
1038	543		adding Subsections (g), (h), and (i) to read as follows:
1039	544		(g) The carrier envelope must include a space that is hidden
1040	545		from view when the envelope is sealed for the voter to enter the
1041	546		following information:
1042		-	(1) the number of the voter's driver's license,
1043		-	~~election identification certificate, or~~ personal identification
1044		-	~~card issued by the Department of Public~~ Safety;
	547	+	(1) the number of the voter's driver's license or
	548	+	personal identification card issued by the Department of Public
	549	+	Safety;
1045	550		(2) if the voter has not been issued a number described
1046	551		by Subdivision (1), the last four digits of the voter's social
1047	552		security number; or
1048	553		(3) a statement by the applicant that the applicant
1049	554		has not been issued a number described by Subdivision (1) or (2).
1050		-	(h) A person may use the number of a driver's license,
1051		-	election identification certificate, or personal identification
1052		-	card that has expired for purposes of Subsection (g) if the license
1053		-	or identification is otherwise valid.
	555	+	(h) A person may use the number of a driver's license or
	556	+	personal identification card that has expired for purposes of
	557	+	Subsection (g) if the license or identification is otherwise valid.
1054	558		(i) No record associating an individual voter with a ballot
1055	559		may be created.
1056		-	SECTION 5.09. Section 86.011(c), Election Code, is amended
	560	+	SECTION 5.07. Section 86.011(c), Election Code, is amended
1057	561		to read as follows:
1058	562		(c) If the return is not timely, the clerk shall enter the
1059	563		time of receipt on the carrier envelope and retain it in a locked
1060	564		container for the period for preserving the precinct election
1061	565		records. The clerk shall destroy the unopened envelope and its
1062	566		contents after the preservation period.
1063		-	SECTION 5.10. Section 86.015(c), Election Code, as
1064		-	effective September 1, 2021, is amended to read as follows:
1065		-	(c) An online tool used under this section must:
1066		-	(1) for each election, record:
1067		-	(A) each application for a ballot to be voted by
1068		-	mail received by the clerk; and
1069		-	(B) each carrier envelope sent to a voter by the
1070		-	clerk;
1071		-	(2) for each carrier envelope, record or assign a
1072		-	serially numbered and sequentially issued barcode or tracking
1073		-	number that is unique to each envelope; [and]
1074		-	(3) update the applicable Internet website as soon as
1075		-	practicable after each of the following events occurs:
1076		-	(A) receipt by the early voting clerk of the
1077		-	person's application for a ballot to be voted by mail;
1078		-	(B) acceptance or rejection by the early voting
1079		-	clerk of the person's application for a ballot to be voted by mail;
1080		-	(C) placement in the mail by the early voting
1081		-	clerk of the person's official ballot;
1082		-	(D) receipt by the early voting clerk of the
1083		-	person's marked ballot; and
1084		-	(E) acceptance or rejection by the early voting
1085		-	ballot board of a person's marked ballot; and
1086		-	(4) allow a voter to add or correct information
1087		-	required under Section 84.002(a)(1-a) or Section 86.002(g).
1088		-	SECTION 5.11. Sections 87.027(d), (e), and (i), Election
1089		-	Code, are amended to read as follows:
1090		-	(d) The early voting clerk shall determine the number of
1091		-	members who are to compose the signature verification committee and
1092		-	shall state that number in the order calling for the committee's
1093		-	appointment. A committee must consist of not fewer than five
1094		-	members. In an election in which party alignment is indicated on
1095		-	the ballot, each county chair of a political party with a nominee or
1096		-	aligned candidate on the ballot shall submit to the appointing
1097		-	authority a list of names of persons eligible to serve on the
1098		-	signature verification committee in order of the county chair's
1099		-	preference. The authority shall appoint at least two persons from
1100		-	each list in the order of preference indicated on each list to serve
1101		-	as members of the committee. The same number of members must be
1102		-	appointed from each list. The authority shall appoint as [the]
1103		-	chair of the committee the highest-ranked person on [from] the list
1104		-	provided by the political party whose nominee for governor received
1105		-	the most votes in the county in the most recent gubernatorial
1106		-	general election. The authority shall appoint as vice chair of the
1107		-	committee the highest-ranked person on the list provided by the
1108		-	political party whose nominee for governor received the second most
1109		-	votes in the county in the most recent gubernatorial general
1110		-	election. A vacancy on the committee shall be filled by appointment
1111		-	from the original list or from a new list submitted by the
1112		-	appropriate county chair.
1113		-	(e) To be eligible to serve on a signature verification
1114		-	committee, a person must be eligible under Subchapter C, Chapter
1115		-	32, for service as a presiding election judge, except that the
1116		-	person must be a qualified voter:
1117		-	(1) of the county, in a countywide election ordered by
1118		-	the governor or a county authority or in a primary election;
1119		-	(2) of the part of the county in which the election is
1120		-	held, for an election ordered by the governor or a county authority
1121		-	that does not cover the entire county of the person's residence; or
1122		-	(3) of the political subdivision, in an election
1123		-	ordered by an authority of a political subdivision other than a
1124		-	county.
	567	+	SECTION 5.08. Section 87.027(i), Election Code, is amended
	568	+	to read as follows:
1125	569		(i) The signature verification committee shall compare the
1126	570		signature on each carrier envelope certificate, except those signed
1127	571		for a voter by a witness, with the signature on the voter's ballot
1128	572		application to determine whether the signatures are those of the
1129	573		voter. The committee may also compare the signatures with any
1130	574		known signature [two or more signatures] of the voter [made within
1131	575		the preceding six years and] on file with the county clerk or voter
1132	576		registrar to determine whether the signatures are those of the
1133	577		voter. Except as provided by Subsection (l), a determination under
1134	578		this subsection that the signatures are not those of the voter must
1135	579		be made by a majority vote of the committee's membership. The
1136	580		committee shall place the jacket envelopes, carrier envelopes, and
1137	581		applications of voters whose signatures are not those of the voter
1138	582		in separate containers from those of voters whose signatures are
1139	583		those of the voter. The committee chair shall deliver the sorted
1140	584		materials to the early voting ballot board at the time specified by
1141	585		the board's presiding judge.
1142		-	SECTION 5.12. Subchapter B, Chapter 87, Election Code, is
	586	+	SECTION 5.09. Subchapter B, Chapter 87, Election Code, is
1143	587		amended by adding Section 87.0271 to read as follows:
1144	588		Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
1145	589		VERIFICATION COMMITTEE. (a) This section applies to an early
1146	590		voting ballot voted by mail:
1147	591		(1) for which the voter did not sign the carrier
1148	592		envelope certificate;
1149	593		(2) for which it cannot immediately be determined
1150	594		whether the signature on the carrier envelope certificate is that
1151	595		of the voter;
1152		-	(3) missing any required statement of residence;
1153		-	(4) missing information or containing incorrect
1154		-	information required under Section 84.002(a)(1-a) or Section
1155		-	86.002; or
1156		-	(5) containing incomplete information with respect to
	596	+	(3) missing any required statement of residence; or
	597	+	(4) containing incomplete information with respect to
1157	598		a witness.
1158		-	(b) Not later than the second business day after a signature
1159		-	verification committee discovers a defect described by Subsection
1160		-	(a) and before the committee decides whether to accept or reject a
1161		-	timely delivered ballot under Section 87.027, the committee shall:
1162		-	(1) determine if it would be possible for the voter to
1163		-	correct the defect and return the carrier envelope before the time
1164		-	the polls are required to close on election day; and
1165		-	(2) return the carrier envelope to the voter by mail,
1166		-	if the committee determines that it would be possible for the voter
1167		-	to correct the defect and return the carrier envelope before the
1168		-	time the polls are required to close on election day.
1169		-	(c) If the signature verification committee determines
1170		-	under Subsection (b)(1) that it would not be possible for the voter
1171		-	to correct the defect and return the carrier envelope before the
1172		-	time the polls are required to close on election day, the committee
1173		-	may notify the voter of the defect by telephone or e-mail and inform
1174		-	the voter that the voter may request to have the voter's application
1175		-	to vote by mail canceled in the manner described by Section 84.032
1176		-	or come to the early voting clerk's office in person not later than
1177		-	the sixth day after election day to correct the defect.
1178		-	(d) If the signature verification committee takes an action
1179		-	described by Subsection (b) or (c), the committee must take either
1180		-	action described by that subsection with respect to each ballot in
1181		-	the election to which this section applies.
1182		-	(e) A poll watcher is entitled to observe an action taken
1183		-	under Subsection (b) or (c).
1184		-	(f) The secretary of state may prescribe any procedures
	599	+	(b) Not later than the second business day after discovering
	600	+	a defect described by Subsection (a) and before deciding whether to
	601	+	accept or reject a timely delivered ballot under Section 87.027,
	602	+	the signature verification committee shall:
	603	+	(1) return the carrier envelope to the voter by mail,
	604	+	if the signature verification committee determines that it would be
	605	+	possible to correct the defect and return the carrier envelope
	606	+	before the time the polls are required to close on election day; or
	607	+	(2) notify the voter of the defect by telephone or
	608	+	e-mail and inform the voter that the voter may request to have the
	609	+	voter's application to vote by mail canceled in the manner
	610	+	described by Section 84.032 or come to the early voting clerk's
	611	+	office in person not later than the sixth day after election day to
	612	+	correct the defect.
	613	+	(c) If the signature verification committee takes an action
	614	+	described by Subsection (b), the committee must take either action
	615	+	described by that subsection with respect to each ballot in the
	616	+	election to which this section applies.
	617	+	(d) A poll watcher is entitled to observe an action taken
	618	+	under Subsection (b).
	619	+	(e) The secretary of state may prescribe any procedures
1185	620		necessary to implement this section.
1186		-	(g) Notwithstanding any other law, a ballot may not be
	621	+	(f) Notwithstanding any other law, a ballot may not be
1187	622		finally rejected for a reason listed in Section 87.041(b)(1), (2),
1188	623		or (6) before the seventh day after election day.
1189		-	SECTION 5.13. Section 87.041, Election Code, is amended by
	624	+	SECTION 5.10. Section 87.041, Election Code, is amended by
1190	625		amending Subsections (b) and (e) and adding Subsection (d-1) to
1191	626		read as follows:
1192	627		(b) A ballot may be accepted only if:
1193	628		(1) the carrier envelope certificate is properly
1194	629		executed;
1195	630		(2) neither the voter's signature on the ballot
1196	631		application nor the signature on the carrier envelope certificate
1197	632		is determined to have been executed by a person other than the
1198	633		voter, unless signed by a witness;
1199	634		(3) the voter's ballot application states a legal
1200	635		ground for early voting by mail;
1201	636		(4) the voter is registered to vote, if registration
1202	637		is required by law;
1203	638		(5) the address to which the ballot was mailed to the
1204	639		voter, as indicated by the application, was outside the voter's
1205	640		county of residence, if the ground for early voting is absence from
1206	641		the county of residence;
1207	642		(6) for a voter to whom a statement of residence form
1208	643		was required to be sent under Section 86.002(a), the statement of
1209	644		residence is returned in the carrier envelope and indicates that
1210	645		the voter satisfies the residence requirements prescribed by
1211	646		Section 63.0011; [and]
1212	647		(7) the address to which the ballot was mailed to the
1213	648		voter is an address that is otherwise required by Sections 84.002
1214	649		and 86.003; and
1215	650		(8) the information required under Section 86.002(g)
1216		-	provided by the voter identifies the same voter identified on the
1217		-	voter's application for voter registration under Section
1218		-	13.002(c)(8).
	651	+	provided by the voter matches the information on the voter's
	652	+	application for voter registration under Section 13.002(c)(8).
1219	653		(d-1) If a voter provides the information required under
1220		-	Section 86.002(g) and it ~~identifies~~ the ~~same~~ voter ~~identified on~~
1221		-	~~the voter's~~ application for voter registration under Section
1222		-	~~13.002(c)(8), the~~ signature on the ballot application and on the
1223		-	~~carrier envelope~~ certificate shall be rebuttably presumed to be
1224		-	~~the signatures of~~ the voter.
	654	+	Section 86.002(g) and it matches the information on the voter's
	655	+	application for voter registration under Section 13.002(c)(8), the
	656	+	signature on the ballot application and on the carrier envelope
	657	+	certificate shall be rebuttably presumed to be the signatures of
	658	+	the voter.
1225	659		(e) In making the determination under Subsection (b)(2), to
1226		-	determine whether the signatures are those of the voter, the board
1227		-	may also compare the signatures with any known signature [two or
1228		-	more signatures] of the voter [made within the preceding six years
1229		-	and] on file with the county clerk or voter registrar [to determine
1230		-	whether the signatures are those of the voter].
1231		-	SECTION 5.14. Subchapter C, Chapter 87, Election Code, is
	660	+	determine whether the signatures are those of the voter, the board:
	661	+	(1) shall request from the Department of Public Safety
	662	+	any signature of the voter's on file with that department and
	663	+	compare the signatures of the voter on the ballot application and
	664	+	the carrier envelope certificate with any signature provided; and
	665	+	(2) may also compare the signatures with any known
	666	+	signature [two or more signatures] of the voter [made within the
	667	+	preceding six years and] on file with the county clerk or voter
	668	+	registrar [to determine whether the signatures are those of the
	669	+	voter].
	670	+	SECTION 5.11. Subchapter C, Chapter 87, Election Code, is
1232	671		amended by adding Section 87.0411 to read as follows:
1233	672		Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
1234	673		BALLOT BOARD. (a) This section applies to an early voting ballot
1235	674		voted by mail:
1236	675		(1) for which the voter did not sign the carrier
1237	676		envelope certificate;
1238	677		(2) for which it cannot immediately be determined
1239	678		whether the signature on the carrier envelope certificate is that
1240	679		of the voter;
1241		-	(3) missing any required statement of residence;
1242		-	(4) missing information or containing incorrect
1243		-	information required under Section 84.002(a)(1-a) or Section
1244		-	86.002; or
1245		-	(5) containing incomplete information with respect to
	680	+	(3) missing any required statement of residence; or
	681	+	(4) containing incomplete information with respect to
1246	682		a witness.
1247		-	(b) Not later than the second business day after an early
1248		-	voting ballot board discovers a defect described by Subsection (a)
1249		-	and before the board decides whether to accept or reject a timely
1250		-	delivered ballot under Section 87.041, the board shall:
1251		-	(1) determine if it would be possible for the voter to
1252		-	correct the defect and return the carrier envelope before the time
1253		-	the polls are required to close on election day; and
1254		-	(2) return the carrier envelope to the voter by mail,
1255		-	if the board determines that it would be possible for the voter to
1256		-	correct the defect and return the carrier envelope before the time
1257		-	the polls are required to close on election day.
1258		-	(c) If the early voting ballot board determines under
1259		-	Subsection (b)(1) that it would not be possible for the voter to
1260		-	correct the defect and return the carrier envelope before the time
1261		-	the polls are required to close on election day, the board may
1262		-	notify the voter of the defect by telephone or e-mail and inform the
1263		-	voter that the voter may request to have the voter's application to
1264		-	vote by mail canceled in the manner described by Section 84.032 or
1265		-	come to the early voting clerk's office in person not later than the
1266		-	sixth day after election day to correct the defect.
1267		-	(d) If the early voting ballot board takes an action
1268		-	described by Subsection (b) or (c), the board must take either
1269		-	action described by that subsection with respect to each ballot in
1270		-	the election to which this section applies.
1271		-	(e) A poll watcher is entitled to observe an action taken
1272		-	under Subsection (b) or (c).
1273		-	(f) The secretary of state may prescribe any procedures
	683	+	(b) Not later than the second business day after discovering
	684	+	a defect described by Subsection (a) and before deciding whether to
	685	+	accept or reject a timely delivered ballot under Section 87.041,
	686	+	the early voting ballot board shall:
	687	+	(1) return the carrier envelope to the voter by mail,
	688	+	if the early voting ballot board determines that it would be
	689	+	possible to correct the defect and return the carrier envelope
	690	+	before the time the polls are required to close on election day; or
	691	+	(2) notify the voter of the defect by telephone or
	692	+	e-mail and inform the voter that the voter may request to have the
	693	+	voter's application to vote by mail canceled in the manner
	694	+	described by Section 84.032 or come to the early voting clerk's
	695	+	office in person not later than the sixth day after election day to
	696	+	correct the defect.
	697	+	(c) If the early voting ballot board takes an action
	698	+	described by Subsection (b), the board must take either action
	699	+	described by that subsection with respect to each ballot in the
	700	+	election to which this section applies.
	701	+	(d) A poll watcher is entitled to observe an action taken
	702	+	under Subsection (b).
	703	+	(e) The secretary of state may prescribe any procedures
1274	704		necessary to implement this section.
1275		-	(g) Notwithstanding any other law, a ballot may not be
	705	+	(f) Notwithstanding any other law, a ballot may not be
1276	706		finally rejected for a reason listed in Section 87.041(b)(1), (2),
1277	707		or (6) before the seventh day after election day.
1278		-	SECTION 5.15. Section 87.0431(b), Election Code, is amended
	708	+	SECTION 5.12. Section 87.0431(b), Election Code, is amended
1279	709		to read as follows:
1280	710		(b) The early voting clerk shall, not later than the 30th
1281	711		day after election day, deliver notice to the attorney general,
1282	712		including certified copies of the carrier envelope and
1283	713		corresponding ballot application, of any ballot rejected because:
1284	714		(1) the voter was deceased;
1285	715		(2) the voter already voted in person in the same
1286	716		election;
1287	717		(3) the signatures on the carrier envelope and ballot
1288	718		application were not executed by the same person;
1289	719		(4) the carrier envelope certificate lacked a witness
1290	720		signature; [or]
1291	721		(5) the carrier envelope certificate was improperly
1292	722		executed by an assistant; or
1293	723		(6) the early voting ballot board or the signature
1294	724		verification committee determined that another violation of the
1295	725		Election Code occurred.
1296		-	SECTION 5.16. Sections 87.062(a) and (c), Election Code,
	726	+	SECTION 5.13. Sections 87.062(a) and (c), Election Code,
1297	727		are amended to read as follows:
1298	728		(a) On the direction of the presiding judge, the early
1299	729		voting ballot board, in accordance with Section 85.032(b), shall
1300	730		open the containers [container] for the early voting ballots that
1301	731		are to be counted by the board, remove the contents from each [the]
1302	732		container, and remove any ballots enclosed in ballot envelopes from
1303	733		their envelopes.
1304	734		(c) Ballots voted by mail shall be tabulated and stored
1305	735		separately from the ballots voted by personal appearance and shall
1306	736		be separately reported on the returns [The results of all early
1307	737		voting ballots counted by the board under this subchapter shall be
1308	738		included in the same return].
1309		-	SECTION 5.17. Section 87.103, Election Code, is amended to
	739	+	SECTION 5.14. Section 87.103, Election Code, is amended to
1310	740		read as follows:
1311	741		Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
1312	742		The early voting electronic system ballots counted at a central
1313	743		counting station, the ballots cast at precinct polling places, and
1314	744		the ballots voted by mail shall be tabulated separately [from the
1315	745		ballots cast at precinct polling places] and shall be separately
1316	746		reported on the returns.
1317	747		(b) The early voting returns prepared at the central
1318	748		counting station must include any early voting results obtained by
1319	749		the early voting ballot board under Subchapter [Subchapters] D [and
1320	750		E].
1321		-	SECTION 5.18. Section 87.126, Election Code, is amended by
	751	+	SECTION 5.15. Section 87.126, Election Code, is amended by
1322	752		adding Subsection (a-1) to read as follows:
1323	753		(a-1) Electronic records made under this section shall
1324	754		record both sides of any application, envelope, or ballot recorded,
1325	755		and all such records shall be provided to the early voting ballot
1326	756		board, the signature verification committee, or both.
1327		-	SECTION 5.19. Subchapter G, Chapter 87, Election Code, is
	757	+	SECTION 5.16. Subchapter G, Chapter 87, Election Code, is
1328	758		amended by adding Section 87.128 to read as follows:
1329		-	Sec. 87.128. NOTES. (a) Each member of an early voting
1330		-	ballot board and each member of a signature verification committee
1331		-	is entitled to take any notes reasonably necessary to perform the
1332		-	member's duties under this chapter.
1333		-	(b) Notes taken under this section may not contain
1334		-	personally identifiable information.
1335		-	(c) Each member who takes notes under this section shall
1336		-	sign the notes and deliver them to the presiding judge or committee
1337		-	chair, as applicable, for delivery to the custodian of election
1338		-	records.
1339		-	(d) Notes collected under this section shall be preserved in
1340		-	the same manner as precinct election records under Section 66.058.
	759	+	Sec. 87.128. NOTES. Each member of an early voting ballot
	760	+	board and each member of a signature verification committee is
	761	+	entitled to take and keep any notes reasonably necessary to perform
	762	+	the member's duties under this chapter.
1341	763		ARTICLE 6. ASSISTANCE OF VOTERS
1342		-	SECTION 6.01. Section 64.009, Election Code, is amended by
1343		-	amending Subsection (b) and adding Subsections (e), (f), (f-1),
1344		-	(g), and (h) to read as follows:
1345		-	(b) The regular voting procedures, except those in
1346		-	Subchapter B, may be modified by the election officer to the extent
1347		-	necessary to conduct voting under this section.
1348		-	(e) Except as provided by Section 33.057, a poll watcher is
1349		-	entitled to observe any activity conducted under this section.
1350		-	(f) A person who simultaneously assists seven or more voters
1351		-	voting under this section by providing the voters with
1352		-	transportation to the polling place must complete and sign a form,
1353		-	provided by an election officer, that contains the person's name
1354		-	and address and whether the person is providing assistance solely
1355		-	under this section or under both this section and Subchapter B.
1356		-	(f-1) Subsection (f) does not apply if the person is related
1357		-	to each voter within the second degree by affinity or the third
1358		-	degree by consanguinity, as determined under Subchapter B, Chapter
1359		-	573, Government Code.
1360		-	(g) A form completed under Subsection (f) shall be delivered
1361		-	to the secretary of state as soon as practicable. The secretary
1362		-	shall retain a form delivered under this section for the period for
1363		-	preserving the precinct election records and shall make the form
1364		-	available to the attorney general for inspection upon request.
1365		-	(h) The secretary of state shall prescribe the form
1366		-	described by Subsection (f).
1367		-	SECTION 6.02. Section 64.031, Election Code, is amended to
	764	+	SECTION 6.01. Section 64.031, Election Code, is amended to
1368	765		read as follows:
1369	766		Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
1370	767		eligible to receive assistance in marking or reading the ballot, as
1371	768		provided by this subchapter, if the voter cannot prepare or read the
1372	769		ballot because of:
1373	770		(1) a physical disability that renders the voter
1374	771		unable to write or see; or
1375	772		(2) an inability to read the language in which the
1376	773		ballot is written.
1377		-	SECTION 6.03. Subchapter B, Chapter 64, Election Code, is
	774	+	SECTION 6.02. Subchapter B, Chapter 64, Election Code, is
1378	775		amended by adding Section 64.0322 to read as follows:
1379	776		Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
1380	777		person, other than an election officer, who assists a voter in
1381	778		accordance with this chapter is required to complete a form
1382	779		stating:
1383	780		(1) the name and address of the person assisting the
1384	781		voter;
1385	782		(2) the relationship to the voter of the person
1386	783		assisting the voter; and
1387	784		(3) whether the person assisting the voter received or
1388	785		accepted any form of compensation or other benefit from a
1389	786		candidate, campaign, or political committee.
1390	787		(b) The secretary of state shall prescribe the form required
1391	788		by this section. The form must be incorporated into the official
1392	789		carrier envelope if the voter is voting an early voting ballot by
1393	790		mail and receives assistance under Section 86.010, or must be
1394	791		submitted to an election officer at the time the voter casts a
1395	792		ballot if the voter is voting at a polling place or under Section
1396	793		64.009.
1397		-	SECTION 6.04. Section 64.034, Election Code, is amended to
	794	+	SECTION 6.03. Section 64.034, Election Code, is amended to
1398	795		read as follows:
1399	796		Sec. 64.034. OATH. A person, other than an election
1400	797		officer, selected to provide assistance to a voter must take the
1401	798		following oath, administered by an election officer at the polling
1402	799		place, before providing assistance:
1403	800		"I swear (or affirm) under penalty of perjury that the voter I
1404	801		am assisting represented to me they are eligible to receive
1405		-	assistance; I will not suggest, by word, sign, or gesture, how the
1406		-	voter should vote; I will confine my assistance to reading the
1407		-	ballot to the voter, directing the voter to read the ballot, marking
1408		-	the voter's ballot, or directing the voter to mark the ballot;
1409		-	[answering the voter's questions, to stating propositions on the
1410		-	ballot, and to naming candidates and, if listed, their political
1411		-	parties;] I will prepare the voter's ballot as the voter directs; I
1412		-	did not pressure or coerce the voter into choosing me to provide
1413		-	assistance; [and] I am not the voter's employer, an agent of the
1414		-	voter's employer, or an officer or agent of a labor union to which
1415		-	the voter belongs; I will not communicate information about how the
1416		-	voter has voted to another person; and I understand that if
1417		-	assistance is provided to a voter who is not eligible for
1418		-	assistance, the voter's ballot may not be counted."
1419		-	SECTION 6.05. Sections 86.010(e), (h), and (i), Election
	802	+	assistance because of a physical disability that renders the voter
	803	+	unable to write or see or an inability to read the language in which
	804	+	the ballot is written; I will not suggest, by word, sign, or
	805	+	gesture, how the voter should vote; I will confine my assistance to
	806	+	reading the ballot to the voter, directing the voter to read the
	807	+	ballot, marking the voter's ballot, or directing the voter to mark
	808	+	the ballot; [answering the voter's questions, to stating
	809	+	propositions on the ballot, and to naming candidates and, if
	810	+	listed, their political parties;] I will prepare the voter's ballot
	811	+	as the voter directs; I did not pressure or coerce the voter into
	812	+	choosing me to provide assistance; [and] I am not the voter's
	813	+	employer, an agent of the voter's employer, or an officer or agent
	814	+	of a labor union to which the voter belongs; I will not communicate
	815	+	information about how the voter has voted to another person; and I
	816	+	understand that if assistance is provided to a voter who is not
	817	+	eligible for assistance, the voter's ballot may not be counted."
	818	+	SECTION 6.04. Sections 86.010(e), (h), and (i), Election
1420	819		Code, are amended to read as follows:
1421	820		(e) A person who assists a voter to prepare a ballot to be
1422	821		voted by mail shall enter on the official carrier envelope of the
1423	822		voter:
1424	823		(1) the person's signature, printed name, and
1425	824		residence address;
1426	825		(2) the relationship of the person providing the
1427	826		assistance to the voter; and
1428	827		(3) whether the person received or accepted any form
1429	828		of compensation or other benefit from a candidate, campaign, or
1430	829		political committee in exchange for providing assistance [on the
1431	830		official carrier envelope of the voter].
1432	831		(h) Subsection (f) does not apply:
1433	832		(1) to a violation of Subsection (c), if the person is
1434	833		related to the voter within the second degree by affinity or the
1435	834		third degree by consanguinity, as determined under Subchapter B,
1436	835		Chapter 573, Government Code, or was physically living in the same
1437		-	dwelling as the voter at the time of the event; or
	836	+	dwelling as the voter at the time of the event;
1438	837		(2) to a violation of Subsection (e), if the person is
1439	838		related to the voter within the second degree by affinity or the
1440	839		third degree by consanguinity, as determined under Subchapter B,
1441		-	Chapter 573, Government Code.
	840	+	Chapter 573, Government Code; or
	841	+	(3) if the voter is a person with a disability being
	842	+	assisted by a previously known attendant or caregiver.
1442	843		(i) An offense under this section for a violation of
1443	844		Subsection (c) is increased to the next higher category of offense
1444	845		if it is shown on the trial of an offense under this section that:
1445	846		(1) the defendant was previously convicted of an
1446	847		offense under this code;
1447	848		(2) the offense involved a voter 65 years of age or
1448	849		older; or
1449	850		(3) the defendant committed another offense under this
1450	851		section in the same election.
1451		-	SECTION 6.06. Section 86.0105, Election Code, is amended by
	852	+	SECTION 6.05. Section 86.0105, Election Code, is amended by
1452	853		amending Subsections (a), (c), and (e) and adding Subsection (f) to
1453	854		read as follows:
1454	855		(a) A person commits an offense if the person:
1455	856		(1) compensates or offers to compensate another person
1456	857		for assisting voters as provided by Section 86.010[, as part of any
1457	858		performance-based compensation scheme based on the number of voters
1458	859		assisted or in which another person is presented with a quota of
1459	860		voters to be assisted as provided by Section 86.010]; or
1460	861		(2) solicits, receives, or [engages in another
1461	862		practice that causes another person's compensation from or
1462	863		employment status with the person to be dependent on the number of
1463	864		voters assisted as provided by Section 86.010; or
1464	865		[(3) with knowledge that accepting compensation for
1465	866		such activity is illegal,] accepts compensation for an activity
1466	867		described by Subdivision (1) [or (2)].
1467	868		(c) An offense under this section is a state jail felony [if
1468	869		it is shown on the trial of an offense under this section that the
1469	870		defendant was previously convicted two or more times under this
1470	871		section].
1471	872		(e) For purposes of this section, compensation means an
1472	873		economic benefit as defined by Section 38.01, Penal Code [any form
1473	874		of monetary payment, goods, services, benefits, or promises or
1474	875		offers of employment, or any other form of consideration offered to
1475	876		another person in exchange for assisting voters].
1476	877		(f) This section does not apply if the person assisting a
1477	878		voter is an attendant or caregiver previously known to the voter.
1478		-	SECTION 6.07. Section 86.013(b), Election Code, is amended
	879	+	SECTION 6.06. Section 86.013(b), Election Code, is amended
1479	880		to read as follows:
1480	881		(b) Spaces must appear on the reverse side of the official
1481	882		carrier envelope for:
1482	883		(1) indicating the identity and date of the election;
1483	884		[and]
1484	885		(2) entering the signature, printed name, and
1485	886		residence address of a person other than the voter who deposits the
1486	887		carrier envelope in the mail or with a common or contract carrier;
1487	888		and
1488	889		(3) indicating the relationship of that person to the
1489	890		voter.
1490		-	SECTION 6.08. (a) The secretary of state shall conduct a
1491		-	study regarding the implementation of educational programs,
1492		-	including the production and publication on the secretary of
1493		-	state's Internet website of instructional videos, to help voters
1494		-	with disabilities understand how to use voting systems used in this
1495		-	state.
1496		-	(b) Not later than December 1, 2022, the secretary of state
1497		-	shall submit to the standing committees of the legislature with
1498		-	jurisdiction over elections a report on the study required by this
1499		-	section.
1500		-	(c) The secretary of state, using existing resources, may
1501		-	contract with a qualified vendor to conduct the study required by
1502		-	this section.
1503		-	(d) This section expires December 1, 2023.
1504	891		ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES
1505	892		SECTION 7.01. Chapter 63, Election Code, is amended by
1506	893		adding Section 63.0111 to read as follows:
1507	894		Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
1508	895		An election judge commits an offense if the judge knowingly
1509	896		provides a voter with a form for an affidavit required by Section
1510	897		63.001 if the form contains information that the judge entered on
1511	898		the form knowing it was false.
1512	899		(b) An offense under this section is a state jail felony.
1513	900		SECTION 7.02. Sections 276.004(a) and (b), Election Code,
1514	901		are amended to read as follows:
1515	902		(a) A person commits an offense if, with respect to another
1516	903		person over whom the person has authority in the scope of
1517	904		employment, the person knowingly:
1518	905		(1) refuses to permit the other person to be absent
1519	906		from work on election day or while early voting is in progress for
1520	907		the purpose of attending the polls to vote; or
1521	908		(2) subjects or threatens to subject the other person
1522	909		to a penalty for attending the polls on election day or while early
1523	910		voting is in progress to vote.
1524	911		(b) It is an exception to the application of this section
1525	912		that the person's conduct occurs in connection with an election in
1526	913		which the polls are open on election day or while early voting is in
1527	914		progress for voting for two consecutive hours outside of the
1528	915		voter's working hours.
1529	916		SECTION 7.03. Sections 276.013(a) and (b), Election Code,
1530	917		are amended to read as follows:
1531	918		(a) A person commits an offense if the person knowingly or
1532	919		intentionally makes any effort to:
1533	920		(1) influence the independent exercise of the vote of
1534	921		another in the presence of the ballot or during the voting process,
1535	922		including by altering the ballot of another or by otherwise causing
1536	923		a ballot to not reflect the intent of the voter;
1537	924		(2) cause a voter to become registered, a ballot to be
1538	925		obtained, or a vote to be cast under false pretenses; [or]
1539		-	(3) cause any ~~false or~~ intentionally misleading
1540		-	~~statement,~~ representation, or information to be provided:
	926	+	(3) cause any intentionally misleading statement,
	927	+	representation, or information to be provided:
1541	928		(A) to an election official; or
1542	929		(B) on an application for ballot by mail, carrier
1543	930		envelope, or any other official election-related form or document;
1544	931		(4) prevent a voter from casting a legal ballot in an
1545		-	election in which the voter is eligible to vote;
	932	+	election in which the voter is eligible to vote; or
1546	933		(5) provide false information to a voter with the
1547	934		intent of preventing the voter from voting in an election in which
1548		-	the voter is eligible to vote;
1549		-	(6) cause the ballot not to reflect the intent of the
1550		-	voter;
1551		-	(7) cause a ballot to be voted for another person that
1552		-	the person knows to be deceased or otherwise knows not to be a
1553		-	qualified or registered voter;
1554		-	(8) cause or enable a vote to be cast more than once in
1555		-	the same election; or
1556		-	(9) discard or destroy a voter's completed ballot
1557		-	without the voter's consent.
	935	+	the voter is eligible to vote.
1558	936		(b) An offense under this section is a Class A misdemeanor,
1559		-	unless:
1560		-	(1) the person committed the offense while acting in
1561		-	the person's capacity as an elected official, in which case the
1562		-	offense is a state jail felony; or
1563		-	(2) the person is convicted of an attempt, in which
1564		-	case the offense is a Class B [A] misdemeanor.
	937	+	except that an offense under this section is a state jail felony if
	938	+	the person committed the offense while acting in the person's
	939	+	official capacity as an election officer.
1565	940		SECTION 7.04. Chapter 276, Election Code, is amended by
1566	941		adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
1567	942		read as follows:
1568	943		Sec. 276.015. VOTE HARVESTING. (a) In this section:
1569		-	(1) "Benefit" means anything reasonably regarded as a
1570		-	gain or advantage, including a promise or offer of employment, a
1571		-	political favor, or an official act of discretion, whether to a
1572		-	person or another party whose welfare is of interest to the person.
	944	+	(1) "Benefit" has the meaning assigned by Section
	945	+	1.07, Penal Code.
1573	946		(2) "Vote harvesting services" means in-person
1574		-	interaction with one or more voters, in the ~~physical~~ presence of an
1575		-	~~official ballot~~ or ~~a ballot voted by mail~~, intended to deliver votes
1576		-	~~for a~~ specific candidate or measure.
	947	+	interaction with one or more voters, in the presence of the ballot
	948	+	or during the voting process, intended to deliver votes for a
	949	+	specific candidate or measure.
1577	950		(b) A person commits an offense if the person, directly or
1578	951		through a third party, knowingly provides or offers to provide vote
1579	952		harvesting services in exchange for compensation or other benefit.
1580	953		(c) A person commits an offense if the person, directly or
1581	954		through a third party, knowingly provides or offers to provide
1582	955		compensation or other benefit to another person in exchange for
1583	956		vote harvesting services.
1584	957		(d) A person commits an offense if the person knowingly
1585	958		collects or possesses a mail ballot or official carrier envelope in
1586	959		connection with vote harvesting services.
1587	960		(e) This section does not apply to:
1588	961		(1) an activity not performed in exchange for
1589	962		compensation or a benefit;
1590	963		(2) interactions that do not occur in the presence of
1591	964		the ballot or during the voting process;
1592		-	(3) interactions that do not directly involve an
1593		-	official ballot or ballot by mail;
1594		-	(4) interactions that are not conducted in-person with
	965	+	(3) interactions that are not conducted in-person with
1595	966		a voter; or
1596		-	(5) activity that is not designed to deliver votes for
	967	+	(4) activity that is not designed to deliver votes for
1597	968		or against a specific candidate or measure.
1598	969		(f) An offense under this section is a felony of the third
1599	970		degree.
1600	971		(g) If conduct that constitutes an offense under this
1601	972		section also constitutes an offense under any other law, the actor
1602	973		may be prosecuted under this section, the other law, or both.
1603	974		(h) Records necessary to investigate an offense under this
1604	975		section or any other section of this code shall be provided by an
1605	976		election officer in an unredacted form to a law enforcement officer
1606	977		upon request. Records obtained under this subsection are not
1607	978		subject to public disclosure.
1608	979		Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
1609		-	APPLICATION TO VOTE BY MAIL. (a) A public official ~~or election~~
1610		-	~~official commits an~~ offense if the official, while acting in an
1611		-	~~official capacity,~~ knowingly:
	980	+	APPLICATION TO VOTE BY MAIL. (a) A public official commits an
	981	+	offense if the official, while acting in an official capacity,
	982	+	knowingly:
1612	983		(1) solicits the submission of an application to vote
1613	984		by mail from a person who did not request an application;
1614	985		(2) distributes an application to vote by mail to a
1615	986		person who did not request the application unless the distribution
1616	987		is expressly authorized by another provision of this code;
1617	988		(3) authorizes or approves the expenditure of public
1618	989		funds to facilitate third-party distribution of an application to
1619	990		vote by mail to a person who did not request the application; or
1620	991		(4) completes any portion of an application to vote by
1621	992		mail and distributes the application to an applicant.
1622	993		(b) An offense under this section is a state jail felony.
1623	994		(c) Subsection (a)(2) does not apply if the public official
1624		-	~~or election official~~ engaged in the conduct described by Subsection
1625		-	~~(a)(2) by providing~~ access to an application to vote by mail from a
1626		-	~~publicly accessible~~ Internet website.
	995	+	engaged in the conduct described by Subsection (a)(2) by providing
	996	+	access to an application to vote by mail from a publicly accessible
	997	+	Internet website.
1627	998		(d) Subsection (a)(4) does not apply if the public official
1628		-	or election official engaged in the conduct described by Subsection
1629		-	(a)(4) while lawfully assisting the applicant under Section 84.003.
1630		-	(e) Subsection (a) does not apply if the public official or
1631		-	election official:
	999	+	engaged in the conduct described by Subsection (a)(4) while
	1000	+	lawfully assisting the applicant under Section 84.003.
	1001	+	(e) Subsection (a) does not apply if the public official:
1632	1002		(1) provided general information about voting by mail,
1633	1003		the vote by mail process, or the timelines associated with voting to
1634	1004		a person or the public; or
1635	1005		(2) engaged in the conduct described by Subsection (a)
1636	1006		while acting in the official's capacity as a candidate for a public
1637	1007		elective office.
1638	1008		(f) The remedy provided under this chapter is cumulative,
1639	1009		and does not restrict any other remedies provided by this code or by
1640	1010		law. A violation of this section is subject to injunctive relief or
1641	1011		mandamus as provided by this code.
1642	1012		Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
1643	1013		AND BALLOTING MATERIALS. (a) The early voting clerk or other
1644	1014		election official commits an offense if the clerk or official
1645	1015		knowingly mails or otherwise provides an early voting ballot by
1646	1016		mail or other early voting by mail ballot materials to a person who
1647	1017		the clerk or official knows did not submit an application for a
1648	1018		ballot to be voted by mail under Section 84.001.
1649	1019		(b) An offense under this section is a Class A misdemeanor.
1650	1020		Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
1651		-	PROCEDURES. (a) A person commits an offense if, with the intent to
1652		-	deceive, the person knowingly or intentionally makes a false
1653		-	statement or swears to the truth of a false statement:
1654		-	(1) on a voter registration application; or
1655		-	(2) previously made while making an oath, declaration,
1656		-	or affidavit described by this code.
	1021	+	PROCEDURES. (a) A person commits an offense if the person makes a
	1022	+	false statement or swears to the truth of a false statement
	1023	+	previously made while making the oath described by Section 64.034.
1657	1024		(b) An offense under this section is a state jail felony.
1658	1025		Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
1659		-	public official or election official may not create, alter, modify,
1660		-	waive, or suspend any election standard, practice, or procedure
1661		-	mandated by law or rule in a manner not expressly authorized by this
1662		-	code.
	1026	+	public official may not create, alter, modify, waive, or suspend
	1027	+	any election standard, practice, or procedure mandated by law or
	1028	+	rule in a manner not expressly authorized by this code.
1663	1029		ARTICLE 8. ENFORCEMENT
1664		-	SECTION 8.01. Subchapter E, Chapter 31, Election Code, is
1665		-	amended by adding Sections 31.128, 31.129, and 31.130 to read as
1666		-	follows:
1667		-	Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this
1668		-	section, "election official" does not include a chair of a county
1669		-	political party holding a primary election or a runoff primary
1670		-	election.
1671		-	(b) A person may not serve as an election official if the
1672		-	person has been finally convicted of an offense under this code.
1673		-	Sec. 31.129. CIVIL PENALTY. (a) In this section, "election
1674		-	official" has the meaning assigned by Section 31.128.
1675		-	(b) An election official may be liable to this state for a
1676		-	civil penalty if the official:
1677		-	(1) is employed by or is an officer of this state or a
1678		-	political subdivision of this state; and
1679		-	(2) violates a provision of this code.
1680		-	(c) A civil penalty imposed under this section may include
1681		-	termination of the person's employment and loss of the person's
1682		-	employment benefits.
1683		-	Sec. 31.130. SUIT AGAINST ELECTION OFFICER. An action,
1684		-	including an action for a writ of mandamus, alleging that an
1685		-	election officer violated a provision of this code while acting in
1686		-	the officer's official capacity may only be brought against the
1687		-	officer in the officer's official capacity.
1688		-	SECTION 8.02. Sections 232.008(b), (c), and (d), Election
1689		-	Code, are amended to read as follows:
1690		-	(b) Except as provided by Subsection (c), a contestant must
1691		-	file the petition not later than the later of the 45th [30th] day
1692		-	after the date the election records are publicly available under
1693		-	Section 1.012 or the official result of the contested election is
1694		-	determined.
1695		-	(c) A contestant must file the petition not later than the
1696		-	later of the 15th [10th] day after the date the election records are
1697		-	publicly available under Section 1.012 or the official result is
1698		-	determined in a contest of:
1699		-	(1) a primary or runoff primary election; or
1700		-	(2) a general or special election for which a runoff is
1701		-	necessary according to the official result or will be necessary if
1702		-	the contestant prevails.
1703		-	(d) A contestant must deliver, electronically or otherwise,
1704		-	a copy of the petition to the secretary of state by the same
1705		-	deadline prescribed for the filing of the petition.
1706		-	SECTION 8.03. Title 14, Election Code, is amended by adding
1707		-	Subtitle D to read as follows:
1708		-	SUBTITLE D. OTHER ELECTION LAWSUITS
1709		-	CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
1710		-	Sec. 247.001. PETITION ALLEGING FRAUD. This chapter
1711		-	applies to a civil suit in which a candidate in an election alleges
1712		-	in the petition that an opposing candidate, an agent of the opposing
1713		-	candidate, or a person acting on behalf of the opposing candidate
1714		-	with the candidate's knowledge violated any of the following
1715		-	sections of this code:
1716		-	(1) Section 13.007;
1717		-	(2) Section 64.012;
1718		-	(3) Section 64.036;
1719		-	(4) Section 84.003;
1720		-	(5) Section 84.0041;
1721		-	(6) Section 86.0051;
1722		-	(7) Section 86.006;
1723		-	(8) Section 86.010;
1724		-	(9) Section 276.013; and
1725		-	(10) Section 276.015.
1726		-	Sec. 247.002. PROCEDURE. A candidate in an election may
1727		-	file a petition for an action under this chapter in any county where
1728		-	a defendant resided at the time of the election. If the election is
1729		-	for a statewide office, the candidate may also file the petition in
1730		-	a district court in Travis County.
1731		-	Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an
1732		-	election may file a petition for an action under this chapter not
1733		-	earlier than the day after the date the election is certified and
1734		-	not later than the 45th day after the later of that date or the date
1735		-	election records are made publicly available under Section 1.012.
1736		-	Sec. 247.004. DAMAGES. (a) If it is shown by a
1737		-	preponderance of the evidence that a defendant, an agent of the
1738		-	defendant, or a person acting on behalf of the defendant with the
1739		-	defendant's knowledge committed one or more violations of a section
1740		-	described by Section 247.001, the defendant is liable to the
1741		-	plaintiff for damages in an amount of $1,000 for each violation.
1742		-	(b) Notwithstanding Section 41.004, Civil Practice and
1743		-	Remedies Code, a court shall award damages under Subsection (a) to
1744		-	the plaintiff irrespective of whether the plaintiff is awarded
1745		-	actual damages.
1746		-	Sec. 247.005. ATTORNEY'S FEES. In an action under this
1747		-	chapter, the court may award reasonable attorney's fees to the
1748		-	prevailing party.
1749		-	SECTION 8.04. Section 273.061, Election Code, is amended to
1750		-	read as follows:
1751		-	Sec. 273.061. JURISDICTION. (a) The supreme court or a
1752		-	court of appeals may issue a writ of mandamus to compel the
1753		-	performance of any duty imposed by law in connection with the
1754		-	holding of an election or a political party convention, regardless
1755		-	of whether the person responsible for performing the duty is a
1756		-	public officer.
1757		-	(b) The court of criminal appeals may issue a writ of
1758		-	mandamus to compel the performance of any duty imposed by law in
1759		-	connection with the provision, sequestration, transfer, or
1760		-	impoundment of evidence in or records relating to a criminal
1761		-	investigation conducted under this code or conducted in connection
1762		-	with the conduct of an election or political party convention. If a
1763		-	writ of mandamus is issued under this subsection, it shall include
1764		-	an order requiring the provision, sequestration, transfer, or
1765		-	impoundment of the evidence or record.
1766		-	SECTION 8.05. Subchapter D, Chapter 22, Government Code, is
	1030	+	SECTION 8.01. Subchapter D, Chapter 22, Government Code, is
1767	1031		amended by adding Sections 22.304 and 22.305 to read as follows:
1768	1032		Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION
1769	1033		PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
1770	1034		official" means any person elected, selected, appointed, employed,
1771	1035		or otherwise designated as an officer, employee, or agent of this
1772	1036		state, a government agency, a political subdivision, or any other
1773	1037		public body established by state law.
1774	1038		(b) Notwithstanding any other law or rule, a court
1775	1039		proceeding entitled to priority under Section 22.305 and filed in a
1776	1040		court of appeals shall be docketed by the clerk of the court and
1777	1041		assigned to a panel of three justices determined using an automated
1778	1042		assignment system.
1779	1043		(c) A person, including a public official, commits an
1780	1044		offense if the person communicates with a court clerk with the
1781	1045		intention of influencing or attempting to influence the composition
1782	1046		of a three-justice panel assigned a specific proceeding under this
1783	1047		section.
1784	1048		(d) An offense under this section is a Class A misdemeanor.
1785	1049		Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
1786	1050		The supreme court or a court of appeals shall prioritize over any
1787	1051		other proceeding pending or filed in the court a proceeding for
1788	1052		injunctive relief or for a writ of mandamus under Chapter 273,
1789	1053		Election Code, pending or filed in the court on or after the 70th
1790	1054		day before a general or special election.
1791	1055		(b) If granted, oral argument for a proceeding described by
1792	1056		Subsection (a) may be given in person or through electronic means.
1793		-	SECTION 8.06. Section 23.101, Government Code, is amended
	1057	+	SECTION 8.02. Section 23.101, Government Code, is amended
1794	1058		by amending Subsection (a) and adding Subsections (b-1) and (b-2)
1795	1059		to read as follows:
1796	1060		(a) Except as provided by Subsection (b-1), the [The] trial
1797	1061		courts of this state shall regularly and frequently set hearings
1798	1062		and trials of pending matters, giving preference to hearings and
1799	1063		trials of the following:
1800	1064		(1) temporary injunctions;
1801	1065		(2) criminal actions, with the following actions given
1802	1066		preference over other criminal actions:
1803	1067		(A) criminal actions against defendants who are
1804	1068		detained in jail pending trial;
1805	1069		(B) criminal actions involving a charge that a
1806	1070		person committed an act of family violence, as defined by Section
1807	1071		71.004, Family Code;
1808	1072		(C) an offense under:
1809	1073		(i) Section 21.02 or 21.11, Penal Code;
1810	1074		(ii) Chapter 22, Penal Code, if the victim
1811	1075		of the alleged offense is younger than 17 years of age;
1812	1076		(iii) Section 25.02, Penal Code, if the
1813	1077		victim of the alleged offense is younger than 17 years of age;
1814	1078		(iv) Section 25.06, Penal Code;
1815	1079		(v) Section 43.25, Penal Code; or
1816	1080		(vi) Section 20A.02(a)(7), 20A.02(a)(8),
1817	1081		or 20A.03, Penal Code;
1818	1082		(D) an offense described by Article 62.001(6)(C)
1819	1083		or (D), Code of Criminal Procedure; and
1820	1084		(E) criminal actions against persons who are
1821	1085		detained as provided by Section 51.12, Family Code, after transfer
1822	1086		for prosecution in criminal court under Section 54.02, Family Code;
1823	1087		(3) election contests and suits under the Election
1824	1088		Code;
1825	1089		(4) orders for the protection of the family under
1826	1090		Subtitle B, Title 4, Family Code;
1827	1091		(5) appeals of final rulings and decisions of the
1828	1092		division of workers' compensation of the Texas Department of
1829	1093		Insurance regarding workers' compensation claims and claims under
1830	1094		the Federal Employers' Liability Act and the Jones Act;
1831	1095		(6) appeals of final orders of the commissioner of the
1832	1096		General Land Office under Section 51.3021, Natural Resources Code;
1833	1097		(7) actions in which the claimant has been diagnosed
1834	1098		with malignant mesothelioma, other malignant asbestos-related
1835	1099		cancer, malignant silica-related cancer, or acute silicosis; and
1836	1100		(8) appeals brought under Section 42.01 or 42.015, Tax
1837	1101		Code, of orders of appraisal review boards of appraisal districts
1838	1102		established for counties with a population of less than 175,000.
1839	1103		(b-1) Except for a criminal case in which the death penalty
1840	1104		has been or may be assessed or when it would otherwise interfere
1841	1105		with a constitutional right, the trial courts of this state shall
1842	1106		prioritize over any other proceeding pending or filed in the court a
1843	1107		proceeding for injunctive relief under Chapter 273, Election Code,
1844	1108		pending or filed in the court on or after the 70th day before a
1845	1109		general or special election.
1846	1110		(b-2) A hearing in a proceeding described by Subsection
1847	1111		(b-1) may be held in person or through electronic means, as
1848	1112		determined by the court.
1849		-	SECTION 8.07. Chapter 23, Government Code, is amended by
	1113	+	SECTION 8.03. Chapter 23, Government Code, is amended by
1850	1114		adding Subchapter D to read as follows:
1851	1115		SUBCHAPTER D. GENERAL PROVISIONS
1852	1116		Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
1853	1117		CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
1854	1118		clerk of a district court in which a proceeding entitled to priority
1855	1119		under Section 23.101(b-1) is filed shall docket the proceeding and,
1856	1120		if more than one district court in the county has jurisdiction over
1857	1121		the proceeding, randomly assign the proceeding to a district court
1858	1122		using an automated assignment system.
1859	1123		(b) Notwithstanding any other law or rule, the clerk of a
1860	1124		county court or statutory county court in which a proceeding
1861	1125		entitled to priority under Section 23.101(b-1) is filed shall
1862	1126		docket the proceeding and, if more than one court in the county has
1863	1127		jurisdiction over the proceeding, randomly assign the proceeding to
1864	1128		a court using an automated assignment system.
1865	1129		(c) A person, including a public official, commits an
1866	1130		offense if the person communicates with a county or district clerk
1867	1131		with the intention of influencing or attempting to influence the
1868	1132		court or judge assigned to a proceeding under this section.
1869	1133		(d) An offense under this section is a Class A misdemeanor,
1870	1134		except that the offense is a state jail felony if it is shown on the
1871	1135		trial of the offense that the person committed the offense while
1872	1136		acting in the person's official capacity as an election official.
1873	1137		(e) If a district or county clerk does not comply with this
1874	1138		section, a person may seek from the supreme court or a court of
1875	1139		appeals a writ of mandamus as provided by Section 273.061, Election
1876	1140		Code, to compel compliance with this section.
1877	1141		Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
1878	1142		(a) Not later than 24 hours after the proceeding is filed, a judge
1879	1143		to whom a case is assigned under Section 23.301(b) who wishes to be
1880	1144		recused from the proceeding must, before recusal:
1881	1145		(1) hear an application for any emergency temporary
1882	1146		relief sought;
1883	1147		(2) grant or deny any emergency temporary relief
1884	1148		sought; and
1885	1149		(3) set a scheduling order that provides:
1886	1150		(A) a date for a hearing on any injunction sought
1887	1151		not later than five days after the date on which the proceeding was
1888	1152		filed; and
1889	1153		(B) discovery and deposition deadlines before
1890	1154		the expiration of any emergency relief order entered.
1891	1155		(b) The presiding judge of an administrative region shall
1892	1156		assign a new judge to a proceeding assigned under Section 23.301(b)
1893	1157		not later than 12 hours after the original judge assigned to the
1894	1158		proceeding is recused under Subsection (a).
1895	1159		(c) A final order in a proceeding filed under Section
1896	1160		273.081, Election Code, shall be submitted in writing to the
1897	1161		parties not later than 24 hours after the judge makes a final
1898	1162		determination in the proceeding.
1899	1163		(d) If a district judge does not comply with this section, a
1900	1164		person may seek from the supreme court, the court of criminal
1901	1165		appeals, or a court of appeals a writ of mandamus as provided by
1902	1166		Section 273.061, Election Code, to compel compliance with this
1903	1167		section.
1904	1168		(e) Notwithstanding Section 23.101(b-1), a proceeding
1905	1169		relating to a permanent injunction being sought in connection to a
1906	1170		challenge under Section 141.034, Election Code, may be heard after
1907	1171		the primary election has been canvassed.
1908	1172		ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS
1909	1173		SECTION 9.01. Chapter 42, Code of Criminal Procedure, is
1910	1174		amended by adding Article 42.0194 to read as follows:
1911	1175		Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
1912	1176		trial of a felony offense, if the defendant is adjudged guilty of
1913	1177		the offense, the court shall:
1914	1178		(1) make an affirmative finding that the person has
1915	1179		been found guilty of a felony and enter the affirmative finding in
1916	1180		the judgment of the case; and
1917	1181		(2) instruct the defendant regarding how the felony
1918	1182		conviction will impact the defendant's right to vote in this state.
1919		-	SECTION 9.02. Article 42.01, Code of Criminal Procedure, as
1920		-	effective September 1, 2021, is amended by adding Section 16 to read
1921		-	as follows:
	1183	+	SECTION 9.02. Article 42.01, Code of Criminal Procedure, is
	1184	+	amended by adding Section 16 to read as follows:
1922	1185		Sec. 16. In addition to the information described by
1923	1186		Section 1, the judgment should reflect the affirmative finding and
1924	1187		instruction entered pursuant to Article 42.0194.
1925	1188		SECTION 9.03. Section 64.012, Election Code, is amended by
1926		-	amending Subsections (a) and (b) and adding Subsections (c) and (d)
1927		-	to read as follows:
1928		-	(a) A person commits an offense if the person knowingly or
1929		-	intentionally:
	1189	+	amending Subsection (a) and adding Subsections (c) and (d) to read
	1190	+	as follows:
	1191	+	(a) A person commits an offense if the person:
1930	1192		(1) votes or attempts to vote in an election in which
1931	1193		the person knows the person is not eligible to vote;
1932		-	(2) [knowingly] votes or attempts to vote more than
1933		-	~~once~~ in an election;
1934		-	(3) [knowingly] votes or attempts to vote a ballot
	1194	+	(2) knowingly votes or attempts to vote more than once
	1195	+	in an election;
	1196	+	(3) knowingly votes or attempts to vote a ballot
1935	1197		belonging to another person, or by impersonating another person;
1936	1198		[or]
1937		-	(4) [knowingly] marks or attempts to mark any portion
1938		-	of another person's ballot without the consent of that person, or
	1199	+	(4) knowingly marks or attempts to mark any portion of
	1200	+	another person's ballot without the consent of that person, or
1939	1201		without specific direction from that person how to mark the ballot;
1940	1202		or
1941		-	(5) votes or attempts to vote in an election ~~in this~~
1942		-	state after voting in another state in an election in which a
1943		-	federal office appears on the ballot and the election day for both
	1203	+	(5) knowingly votes or attempts to vote in an election
	1204	+	in this state after voting in another state in an election in which
	1205	+	a federal office appears on the ballot and the election day for both
1944	1206		states is the same day.
1945		-	(b) An offense under this section is a Class A misdemeanor
1946		-	[felony of the second degree unless the person is convicted of an
1947		-	attempt. In that case, the offense is a state jail felony].
1948	1207		(c) A person may not be convicted solely upon the fact that
1949	1208		the person signed a provisional ballot affidavit under Section
1950	1209		63.011 unless corroborated by other evidence that the person
1951	1210		knowingly committed the offense.
1952	1211		(d) If conduct that constitutes an offense under this
1953	1212		section also constitutes an offense under any other law, the actor
1954	1213		may be prosecuted under this section, the other law, or both.
1955	1214		SECTION 9.04. The change in law made by this article in
1956	1215		adding Section 64.012(c), Election Code, applies to an offense
1957	1216		committed before, on, or after the effective date of this Act,
1958	1217		except that a final conviction for an offense under that section
1959	1218		that exists on the effective date of this Act remains unaffected by
1960	1219		this article.
1961	1220		ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
1962	1221		SECTION 10.01. The following provisions of the Election
1963	1222		Code are repealed:
1964		-	(1) Section 85.062(e);
1965		-	(2) Section 86.0105(b); and
1966		-	(3) Section 127.201(f).
	1223	+	(1) Section 85.062(e); and
	1224	+	(2) Section 86.0105(b).
1967	1225		SECTION 10.02. If any provision of this Act or its
1968	1226		application to any person or circumstance is held invalid, the
1969	1227		invalidity does not affect other provisions or applications of this
1970	1228		Act that can be given effect without the invalid provision or
1971	1229		application, and to this end the provisions of this Act are declared
1972	1230		to be severable.
1973	1231		SECTION 10.03. (a) Except as otherwise provided by this
1974	1232		Act, the changes in law made by this Act apply only to an offense
1975	1233		committed on or after the effective date of this Act. An offense
1976	1234		committed before the effective date of this Act is governed by the
1977	1235		law in effect when the offense was committed, and the former law is
1978	1236		continued in effect for that purpose. For purposes of this section,
1979	1237		an offense was committed before the effective date of this Act if
1980	1238		any element of the offense occurred before that date.
1981	1239		(b) The changes in law made by this Act apply only to an
1982	1240		election ordered on or after the effective date of this Act. An
1983	1241		election ordered before the effective date of this Act is governed
1984	1242		by the law in effect when the election was ordered, and the former
1985	1243		law is continued in effect for that purpose.
1986	1244		(c) The changes in law made by this Act apply only to an
1987	1245		application to vote an early voting ballot by mail submitted on or
1988	1246		after the effective date of this Act. An application to vote an
1989	1247		early voting ballot by mail submitted before the effective date of
1990	1248		this Act is governed by the law in effect when the application was
1991	1249		submitted, and the former law is continued in effect for that
1992	1250		purpose.
1993	1251		(d) The changes in law made by this Act apply only to an
1994	1252		application for voter registration submitted on or after the
1995	1253		effective date of this Act.
1996		-	(e) Chapter 247, Election Code, as added by this Act,
1997		-	applies only to a cause of action for which the associated election
1998		-	occurred after the effective date of this Act.
1999	1254		SECTION 10.04. This Act takes effect on the 91st day after
2000	1255		the last day of the legislative session.
2001		-	______________________________ ______________________________
2002		-	President of the Senate Speaker of the House
2003		-	I hereby certify that S.B. No. 1 passed the Senate on
2004		-	August 12, 2021, by the following vote: Yeas 18, Nays 11;
2005		-	August 27, 2021, Senate refused to concur in House amendments and
2006		-	requested appointment of Conference Committee; August 29, 2021,
2007		-	House granted request of the Senate; August 31, 2021, Senate
2008		-	adopted Conference Committee Report by the following
2009		-	vote: Yeas 18, Nays 13.
2010		-	______________________________
2011		-	Secretary of the Senate
2012		-	I hereby certify that S.B. No. 1 passed the House, with
2013		-	amendments, on August 27, 2021, by the following vote: Yeas 80,
2014		-	Nays 41, one present not voting; August 29, 2021, House granted
2015		-	request of the Senate for appointment of Conference Committee;
2016		-	August 31, 2021, House adopted Conference Committee Report by the
2017		-	following vote: Yeas 80, Nays 41, one present not voting.
2018		-	______________________________
2019		-	Chief Clerk of the House
2020		-	Approved:
2021		-	______________________________
2022		-	Date
2023		-	______________________________
2024		-	Governor