S.B. No. 1
AN ACT
relating to election integrity and security, including by
preventing fraud in the conduct of elections in this state;
increasing criminal penalties; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. SHORT TITLE. This Act may be cited as the
Election Integrity Protection Act of 2021.
SECTION 1.02. PURPOSE. The purpose of this Act is to
exercise the legislature's constitutional authority under Section
4, Article VI, Texas Constitution, to make all laws necessary to
detect and punish fraud.
SECTION 1.03. FINDINGS. The legislature finds that:
(1) full, free, and fair elections are the
underpinnings of a stable constitutional democracy;
(2) fraud in elections threatens the stability of a
constitutional democracy by undermining public confidence in the
legitimacy of public officers chosen by election;
(3) reforms are needed to the election laws of this
state to ensure that fraud does not undermine the public confidence
in the electoral process;
(4) the reforms to the election laws of this state made
by this Act are not intended to impair the right of free suffrage
guaranteed to the people of Texas by the United States and Texas
Constitutions, but are enacted solely to prevent fraud in the
electoral process and ensure that all legally cast ballots are
counted. Integral to the right to vote is the assurance of voter
access and the right for all votes legally cast to be counted;
(5) additionally, preventing a valid vote from being
counted violates the basic constitutional rights guaranteed to each
citizen by the United States Constitution; and
(6) providing for voter access and increasing the
stability of a constitutional democracy ensures public confidence
in the legitimacy of public officers chosen by election.
SECTION 1.04. Chapter 1, Election Code, is amended by
adding Section 1.0015 to read as follows:
Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
legislature that the application of this code and the conduct of
elections be uniform and consistent throughout this state to reduce
the likelihood of fraud in the conduct of elections, protect the
secrecy of the ballot, promote voter access, and ensure that all
legally cast ballots are counted.
SECTION 1.05. Section 1.003, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Election officials and other public officials shall
strictly construe the provisions of this code to effect the intent
of the legislature under Section 1.0015.
SECTION 1.06. Section 1.005, Election Code, is amended by
amending Subdivision (4-a) and adding Subdivision (4-b) to read as
follows:
(4-a) "Election official" means:
(A) a county clerk;
(B) a permanent or temporary deputy county clerk;
(C) an elections administrator;
(D) a permanent or temporary employee of an
elections administrator;
(E) an election judge;
(F) an alternate election judge;
(G) an early voting clerk;
(H) a deputy early voting clerk;
(I) an election clerk;
(J) the presiding judge of an early voting ballot
board;
(K) the alternate presiding judge of an early
voting ballot board;
(L) a member of an early voting ballot board;
(M) the chair of a signature verification
committee;
(N) the vice chair of a signature verification
committee;
(O) a member of a signature verification
committee;
(P) the presiding judge of a central counting
station;
(Q) the alternate presiding judge of a central
counting station;
(R) a central counting station manager;
(S) a central counting station clerk;
(T) a tabulation supervisor;
(U) an assistant to a tabulation supervisor; and
(V) a chair of a county political party holding a
primary election or a runoff primary election.
(4-b) "Federal judge" means:
(A) a judge, former judge, or retired judge of a
United States court of appeals;
(B) a judge, former judge, or retired judge of a
United States district court;
(C) a judge, former judge, or retired judge of a
United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge,
or retired magistrate judge of a United States district court.
SECTION 1.07. Section 1.018, Election Code, is amended to
read as follows:
Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to
Section 1.03, Penal Code, and to other titles of the Penal Code that
may apply to this code, Titles 2 and [Title] 4, Penal Code, apply
[applies] to offenses prescribed by this code.
SECTION 1.08. Chapter 1, Election Code, is amended by
adding Section 1.022 to read as follows:
Sec. 1.022. REASONABLE ACCOMMODATION OR MODIFICATION. A
provision of this code may not be interpreted to prohibit or limit
the right of a qualified individual with a disability from
requesting a reasonable accommodation or modification to any
election standard, practice, or procedure mandated by law or rule
that the individual is entitled to request under federal or state
law.
ARTICLE 2. REGISTRATION OF VOTERS
SECTION 2.01. Section 13.002, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The information required under Subsections (c)(3),
(4), (5), (6), and (8) must be supplied by the person desiring to
register to vote.
SECTION 2.02. Section 13.007, Election Code, is amended to
read as follows:
Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person
commits an offense if the person knowingly or intentionally:
(1) makes a false statement; or
(2) requests, commands, coerces, or attempts to induce
another person to make a false statement on a registration
application.
(b) An offense under this section is a Class A [B]
misdemeanor, except that an offense under this section is a state
jail felony if the person:
(1) directly or through a third party offers or
provides compensation or other benefit to a person for activity
described by Subsection (a); or
(2) solicits, receives, or accepts compensation or
other benefit for an activity described by Subsection (a).
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both. [For
purposes of this code, an offense under this section is considered
to be perjury, but may be prosecuted only under this section.]
SECTION 2.03. Section 15.021, Election Code, is amended by
amending Subsections (b) and (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(b) Except as provided by Subsection (d), the [The] voter
shall use the registration certificate or a registration
application form as the notice, indicating the correct information
in the appropriate space on the certificate or application form
unless the voter does not have possession of the certificate or an
application form at the time of giving the notice.
(d) A voter [who continues to reside in the county in which
the voter is registered] may correct information under this section
by digital transmission of the information under a program
administered by the secretary of state and the Department of
Information Resources.
(d-1) If the notice indicates that a voter no longer resides
in the county in which the voter is registered, the registrar shall
forward the notice and the voter's application for registration to
the registrar of the county in which the voter resides. The
registrars shall coordinate to ensure that the voter's existing
registration is canceled immediately after the voter is registered
in the county in which the voter resides in accordance with
Subsection (d-2).
(d-2) A registrar who receives a voter's notice and
application from another registrar under Subsection (d-1) shall
treat it as an original application for registration under Section
13.002, and shall register the voter if the voter resides in the
county and is otherwise eligible under Section 13.001.
SECTION 2.04. Section 15.028, Election Code, is amended to
read as follows:
Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
PROSECUTOR]. [(a)] If the registrar determines that a person who
is not eligible to vote registered to vote or [a registered voter]
voted in an election, the registrar shall, within 72 hours not
including weekends after making the determination, execute and
deliver to the attorney general, the secretary of state, and the
county or district attorney having jurisdiction in the territory
covered by the election an affidavit stating the relevant facts.
[(b) If the election covers territory in more than one
county, the registrar shall also deliver an affidavit to the
attorney general.]
SECTION 2.05. Section 16.0332, Election Code, is amended
by amending Subsection (a) and adding Subsections (a-1), (d), and
(e) to read as follows:
(a) After the registrar receives notification [a list]
under Subsection (a-1) of this section, Section 18.068 of this
code, or Section 62.113, Government Code, of persons excused or
disqualified from jury service because of citizenship status or
notification of persons who indicate a lack of citizenship status
in connection with a motor vehicle or Department of Public Safety
record as provided by Subsection (a-1), the registrar shall deliver
to each registered voter whose name appears on the list a written
notice requiring the voter to submit to the registrar proof of
United States citizenship in the form of a certified copy of the
voter's birth certificate, United States passport, or certificate
of naturalization or any other form prescribed by the secretary of
state. The notice shall be delivered by forwardable mail to the
mailing address on the voter's registration application and to any
new address of the voter known to the registrar.
(a-1) The secretary of state shall enter into an agreement
with the Department of Public Safety under which information in the
existing statewide computerized voter registration list is
compared against information in the database of the Department of
Public Safety on a monthly basis to verify the accuracy of
citizenship status information previously provided on voter
registration applications. In comparing information under this
subsection, the secretary of state shall consider only a voter's
information in the database of the Department of Public Safety that
was derived from documents presented by the voter to the department
after the person's current voter registration became effective, and
may not consider information derived from documents presented by
the voter to the department before the person's current voter
registration became effective.
(d) The secretary of state shall prescribe rules for the
administration of this section.
(e) Not later than December 31 of each year, the secretary
of state shall provide a report to the legislature of the number of
voter registrations canceled under this section during the calendar
year.
SECTION 2.06. Section 18.065, Election Code, is amended by
adding Subsections (e), (f), (g), (h), and (i) to read as follows:
(e) If the secretary of state determines that a voter
registrar is not in substantial compliance with a requirement
imposed on the registrar by a provision or rule described in
Subsection (a), the secretary of state shall:
(1) for the first violation, require the registrar to
attend a training course under Subsection (h);
(2) for the second violation, audit the voter
registration list for the county in which the registrar serves to
determine the actions needed to achieve substantial compliance
under Subsection (a) and provide the results of the audit to the
registrar; or
(3) for a third or subsequent violation, if the
secretary of state determines that the registrar has not performed
any overt actions in pursuance of compliance with the actions
identified under Subdivision (2) as necessary for the registrar to
achieve substantial compliance under Subsection (a) within 14 days
of receiving the results of the audit conducted under that
subsection, inform the attorney general that the county which the
registrar serves may be subject to a civil penalty under Subsection
(f).
(f) A county is liable to this state for a civil penalty of
$1,000 for each day after the 14th day following the receipt of the
results of the audit conducted under Subsection (e)(2) that the
county's voter registrar fails to take overt action to comply with
the actions identified under that subsection as necessary for the
registrar to achieve substantial compliance under Subsection (a).
The attorney general may bring an action to recover a civil penalty
imposed under this section.
(g) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
(h) The secretary of state shall develop and implement a
training course for registrars on substantial compliance with
Sections 15.083, 16.032, and 18.061 and with rules implementing the
statewide computerized voter registration list.
(i) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
SECTION 2.07. Section 18.068, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The secretary of state shall quarterly compare the
information received under Section 16.001 of this code and Sections
[Section] 62.113 and 62.114, Government Code, to the statewide
computerized voter registration list. If the secretary determines
that a voter on the registration list is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen or a resident of the county in which the voter is registered
to vote, the secretary shall send notice of the determination
to the voter registrar of the counties considered appropriate by
the secretary.
(a-1) The secretary of state is not required to send notice
under Subsection (a) for a voter who is subject to an exemption from
jury service under Section 62.106, Government Code, if that
exemption is the only reason the voter is excused from jury service.
SECTION 2.08. Section 31.006, Election Code, is amended to
read as follows:
Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
(a) If, after receiving or discovering information indicating that
[a complaint alleging] criminal conduct in connection with an
election has occurred, the secretary of state determines that there
is reasonable cause to suspect that [the alleged] criminal conduct
occurred, the secretary shall promptly refer the information
[complaint] to the attorney general. The secretary shall deliver
to the attorney general all pertinent documents and information in
the secretary's possession.
(b) The documents and information submitted under
Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination that
the information [complaint] received does not warrant an
investigation; or
(2) if referred to the attorney general, the attorney
general has completed the investigation or has made a determination
that the information [complaint] referred does not warrant an
investigation.
SECTION 2.09. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.028 to read as follows:
Sec. 87.028. ACCESS TO INFORMATION. (a) On request, a
county election official shall provide to a member of an early
voting ballot board all available information necessary to
fulfilling the functions of the board, including any information
from the statewide computerized voter registration list under
Section 18.061.
(b) On request, a county election official shall provide to
a member of a signature verification committee all available
information necessary to fulfilling the functions of the committee,
including any information from the statewide computerized voter
registration list under Section 18.061.
(c) The secretary of state shall adopt rules as necessary to
prevent a member of an early voting ballot board or signature
verification committee from retaining or sharing personally
identifiable information from the statewide computerized voter
registration list under Section 18.061 obtained under this section
for any reason unrelated to the official's official duties.
SECTION 2.10. Section 62.113(b), Government Code, is
amended to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney[, as applicable,]
for an investigation of whether the person committed an offense
under Section 13.007, Election Code, or other law.
SECTION 2.11. Sections 62.114(b) and (c), Government Code,
are amended to read as follows:
(b) On the third business day of each month, the clerk shall
send [to the voter registrar of the county] a copy of the list of
persons excused or disqualified in the previous month because the
persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
15.081 or 18.068, Election Code.
ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS
SECTION 3.01. Section 2.053(a), Election Code, is amended
to read as follows:
(a) On receipt of the certification, the governing body of
the political subdivision by order or ordinance shall [may] declare
each unopposed candidate elected to the office. If no election is
to be held on election day by the political subdivision, a copy of
the order or ordinance shall be posted on election day at each
polling place used or that would have been used in the election.
SECTION 3.02. Section 2.056(c), Election Code, is amended
to read as follows:
(c) A certifying authority shall [may] declare a candidate
elected to an office of the state or county government if, were the
election held, only the votes cast for that candidate in the
election for that office may be counted.
SECTION 3.03. Sections 43.007(c) and (d), Election Code,
are amended to read as follows:
(c) In conducting the program, the secretary of state shall
provide for an audit of the voting system equipment [direct
recording electronic voting units] before and after the election,
and during the election to the extent such an audit is practicable.
(d) The secretary of state shall select to participate in
the program each county that:
(1) has held a public hearing under Subsection (b);
(2) has submitted documentation listing the steps
taken to solicit input on participating in the program by
organizations or persons who represent the interests of voters;
(3) has implemented a computerized voter registration
list that allows an election officer at the polling place to verify
that a voter has not previously voted in the election;
(4) uses direct recording electronic voting machines,
ballot marking devices, or hand-marked scannable paper ballots that
are printed and scanned at the polling place or any other type of
voting system equipment that the secretary of state determines is
capable of processing votes for each type of ballot to be voted in
the county; and
(5) is determined by the secretary of state to have the
appropriate technological capabilities.
SECTION 3.04. Section 43.031(b), Election Code, is amended
to read as follows:
(b) Each polling place shall be located inside a building.
No voter may cast a vote from inside a motor vehicle unless the
voter meets the requirements of Section 64.009.
SECTION 3.05. Section 52.092(a), Election Code, is amended
to read as follows:
(a) Except as provided by Section 2.053(c) or 2.056(e), for
[For] an election at which offices regularly filled at the general
election for state and county officers are to appear on the ballot,
the offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
SECTION 3.06. Section 61.002, Election Code, is amended to
read as follows:
Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING.
(a) Immediately before opening the polls for voting on the first
day of early voting and on election day, the presiding election
judge or alternate election judge shall confirm that each voting
machine has any public counter reset to zero and shall print the
tape that shows the counter was set to zero for each candidate or
measure on the ballot.
(b) At the official time for opening the polls for voting,
an election officer shall open the polling place entrance and admit
the voters.
(c) Immediately after closing the polls for voting on
election day, the presiding election judge or alternate election
judge shall print the tape to show the number of votes cast for each
candidate or ballot measure for each voting machine.
(d) Each election judge or alternate election judge present
shall sign a tape printed under this section.
SECTION 3.07. Section 64.007(c), Election Code, is amended
to read as follows:
(c) An election officer shall maintain a register of spoiled
ballots at the polling place. An election officer shall enter on
the register the name of each voter who returns a spoiled ballot and
the spoiled ballot's number. The secretary of state shall create
and promulgate a form to be used for this purpose.
SECTION 3.08. Subchapter A, Chapter 66, Election Code, is
amended by adding Section 66.004 to read as follows:
Sec. 66.004. POLLING PLACE CHECKLISTS. The secretary of
state shall adopt rules and create a checklist or similar
guidelines to assist the presiding judge of a polling place in
processing forms and conducting procedures required by this code at
the opening and closing of the polling place.
SECTION 3.09. Section 85.005, Election Code, is amended to
read as follows:
Sec. 85.005. REGULAR DAYS AND HOURS FOR VOTING. (a) Except
as provided by Subsection (c), in an election in which a county
clerk [or city secretary] is the early voting clerk under Section
83.002 [or 83.005], early voting by personal appearance at the main
early voting polling place shall be conducted on each weekday of
[the weekdays of] the early voting period that is not a legal state
holiday and for a period of at least nine hours, except that voting
may not be conducted earlier than 6 a.m. or later than 10 p.m.
[during the hours that the county clerk's or city secretary's main
business office is regularly open for business.]
(b) In an election to which Subsection (a) does not apply,
early voting by personal appearance at the main early voting
polling place shall be conducted at least nine [eight] hours each
weekday of the early voting period that is not a legal state holiday
unless the territory covered by the election has fewer than 1,000
registered voters. In that case, the voting shall be conducted at
least four [three] hours each day. The authority ordering the
election, or the county clerk if that person is the early voting
clerk, shall determine which hours the voting is to be conducted.
(c) In a county with a population of 55,000 [100,000] or
more, the voting in a primary election or the general election for
state and county officers shall be conducted at the main early
voting polling place for at least 12 hours on each weekday of the
last week of the early voting period, and the voting in a special
election ordered by the governor shall be conducted at the main
early voting polling place for at least 12 hours on each of the last
two days of the early voting period. Voting under this subsection
may not be conducted earlier than 6 a.m. or later than 10 p.m.
Voting shall be conducted in accordance with this subsection in
those elections in a county with a population under 55,000
[100,000] on receipt by the early voting clerk of a written request
for the extended hours submitted by at least 15 registered voters of
the county. The request must be submitted in time to enable
compliance with Section 85.067.
(d) A voter who has not voted before the scheduled time for
closing a polling place is entitled to vote after that time if the
voter is in line at the polling place by closing time. The
secretary of state shall promulgate any materials and provide any
training to presiding judges necessary to properly process voters
under this subsection [In an election ordered by a city, early
voting by personal appearance at the main early voting polling
place shall be conducted for at least 12 hours:
[(1) on one weekday, if the early voting period
consists of less than six weekdays; or
[(2) on two weekdays, if the early voting period
consists of six or more weekdays].
SECTION 3.10. Sections 85.006(b) and (e), Election Code,
are amended to read as follows:
(b) In an election in which a county clerk [or city
secretary] is the early voting clerk under Section 83.002 [or
83.005], only the early voting clerk may order voting on a Saturday
or Sunday. The clerk must do so by written order.
(e) In a primary election or the general election for state
and county officers in a county with a population of 55,000
[100,000] or more, the early voting clerk shall order voting by
personal appearance [voting] at the main early voting polling place
to be conducted on the last Saturday of the early voting period for
at least 12 hours, except that voting may not be conducted earlier
than 6 a.m. or later than 10 p.m., [on the last Saturday] and on the
last Sunday of the early voting period for at least six [five]
hours, except that voting may not be conducted earlier than 9 a.m.
or later than 10 p.m [on the last Sunday of the early voting
period]. The early voting clerk shall order voting to be conducted
at those times in those elections in a county with a population
under 55,000 [100,000] on receipt of a written request for those
hours submitted by at least 15 registered voters of the county. The
request must be submitted in time to enable compliance with Section
85.007. This subsection supersedes any provision of this
subchapter to the extent of any conflict.
SECTION 3.11. Section 85.010(a-1), Election Code, is
amended to read as follows:
(a-1) In this section, "eligible county polling place"
means an early voting polling place[, other than a polling place
established under Section 85.062(e),] established by a county.
SECTION 3.12. Section 85.061(a), Election Code, is amended
to read as follows:
(a) In a countywide election in which the county clerk is
the early voting clerk under Section 83.002, an early voting
polling place shall be located inside [at] each branch office that
is regularly maintained for conducting general clerical functions
of the county clerk, except as provided by Subsection (b). If a
suitable room is unavailable inside the branch office, the polling
place may be located in another room inside the same building as the
branch office.
SECTION 3.13. Section 85.062, Election Code, is amended by
amending Subsection (b) and adding Subsection (f-1) to read as
follows:
(b) A polling place established under this section may be
located, subject to Subsection (d), at any place in the territory
served by the early voting clerk and may be located inside [in] any
building [stationary structure] as directed by the authority
establishing the branch office. The polling place may not be
located in a movable structure in the general election for state and
county officers, general primary election, or runoff primary
election. Ropes or other suitable objects may be used at the
polling place to ensure compliance with Section 62.004. Persons
who are not expressly permitted by law to be in a polling place
shall be excluded from the polling place to the extent practicable.
(f-1) Notwithstanding any other provision of this section
concerning the location of temporary branch polling places, in an
election in which countywide polling places are used, the
commissioners court of a county shall employ the same methodology
it uses to determine the location of countywide polling places to
determine the location of temporary branch polling places.
SECTION 3.14. Section 87.002, Election Code, is amended to
read as follows:
Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
ballot board consists of a presiding judge, an alternate presiding
judge, and at least one [two] other member [members].
(b) Except as provided by Subsection (d), the presiding
judge and the alternate presiding judge are [is] appointed in the
same manner as a presiding election judge and alternate presiding
election judge, respectively. Except as provided by Subsection
(c), each [the] other member is [members are] appointed by the
presiding judge in the same manner as the precinct election clerks.
(c) In the general election for state and county officers,
each county chair of a political party with nominees on the general
election ballot shall submit to the county election board a list of
names of persons eligible to serve on the early voting ballot board
in order of the county chair's preference. The county election
board shall appoint at least one person from each list to serve as a
member of the early voting ballot board. The same number of members
must be appointed from each list. The county election board shall
appoint persons as members of the early voting ballot board in the
order of preference indicated on each list.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint as the presiding judge
the highest-ranked person on [from] the list provided under that
subsection by the political party whose nominee for governor
received the most votes in the county in the most recent
gubernatorial general election and as the alternate presiding judge
the highest-ranked person on the list provided under that
subsection by the political party whose nominee for governor
received the second most votes in the county in the most recent
gubernatorial general election.
SECTION 3.15. Section 124.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Voting system ballots may not be arranged in a manner
that allows a political party's candidates to be selected in one
motion or gesture.
SECTION 3.16. Sections 127.006(a) and (c), Election Code,
are amended to read as follows:
(a) The [Both the] manager, [and] the presiding judge, and
the alternate presiding judge may appoint clerks to serve at the
central counting station.
(c) A clerk appointed by the manager serves under the
manager and shall perform the functions directed by the manager. A
clerk appointed by the presiding judge or the alternate presiding
judge serves under the presiding judge and shall perform the
functions directed by the presiding judge.
SECTION 3.17. Subchapter A, Chapter 127, Election Code, is
amended by adding Section 127.009 to read as follows:
Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING
STATION. (a) A counting station manager and the presiding judge of
the counting station shall develop a protocol under which any
electronic device inside a central counting station that is
necessary to count votes is equipped with software that tracks all
input and activity on the electronic device.
(b) The counting station manager and the presiding judge of
the counting station shall ensure that the input and activity
tracked by the software is delivered to the secretary of state not
later than the fifth day after vote counting is complete.
(c) This section applies only to a central counting station
located in a county with a population of 250,000 or more.
SECTION 3.18. Section 127.1232, Election Code, is amended
to read as follows:
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general
custodian of election records shall post a licensed peace officer
[guard] to ensure the security of ballot boxes containing voted
ballots throughout the period of tabulation at the central counting
station.
(b) The general custodian of election records in a county
with a population of 100,000 or more shall implement a video
surveillance system that retains a record of all areas containing
voted ballots:
(1) from the time the voted ballots are delivered to
the central counting station until the canvass of precinct election
returns; and
(2) from the time the voted ballots are delivered to
the signature verification committee or early voting ballot board
until the canvass of precinct election returns.
(c) A video from a system implemented under Subsection (b)
shall be made available to the public by a livestream.
(d) The video recorded is an election record under Section
1.012 and shall be retained by the general custodian of election
records until the end of the calendar year in which an election is
held or until an election contest filed in the county has been
resolved, whichever is later.
SECTION 3.19. Chapter 127, Election Code, as effective
September 1, 2021, is amended by adding Subchapter J to read as
follows:
SUBCHAPTER J. RANDOMIZED AUDITS
Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately
after the uniform election date in November of an even-numbered
year, the secretary of state shall conduct an audit of the elections
held in four counties during the previous two years.
(b) The secretary of state shall select the counties to be
audited under Subsection (a) at random, except that:
(1) two of the counties selected must have a total
population of less than 300,000;
(2) two of the counties selected must have a total
population of 300,000 or more; and
(3) a county selected in the most recent audit cycle
may not be selected in the current audit cycle.
(c) A county selected to be audited may not pay the cost of
performing an audit under this section.
(d) The secretary of state shall adopt rules as necessary to
implement this section.
ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
SECTION 4.01. Section 32.075, Election Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A presiding judge may not have a watcher duly accepted
for service under Subchapter A, Chapter 33, removed from the
polling place for violating a provision of this code or any other
provision of law relating to the conduct of elections, other than a
violation of the Penal Code, unless the violation was observed by an
election judge or clerk.
(h) Notwithstanding Subsection (g), a presiding judge may
call a law enforcement officer to request that a poll watcher be
removed if the poll watcher commits a breach of the peace or a
violation of law.
SECTION 4.02. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.0015 to read as follows:
Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
purpose of this chapter is to preserve the integrity of the ballot
box in accordance with Section 4, Article VI, Texas Constitution,
by providing for the appointment of watchers. It is the intent of
the legislature that watchers duly accepted for service under this
chapter be allowed to observe and report on irregularities in the
conduct of any election, but may not interfere in the orderly
conduct of an election. To effect that purpose, a watcher appointed
under this chapter shall observe without obstructing the conduct of
an election and call to the attention of an election officer any
observed or suspected irregularity or violation of law in the
conduct of the election.
SECTION 4.03. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.0016 to read as follows:
Sec. 33.0016. REFERENCES TO EARLY VOTING BALLOT BOARD IN
THIS CHAPTER. A reference in this chapter to an early voting ballot
board includes a signature verification committee.
SECTION 4.04. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. TRAINING PROGRAM. The secretary of state
shall develop and maintain a training program for watchers. The
training program must:
(1) be available:
(A) entirely via the Internet; and
(B) at any time, without a requirement for prior
registration; and
(2) provide a watcher who completes the training with
a certificate of completion.
SECTION 4.05. Section 33.031, Election Code, is amended by
adding Subsection (b) to read as follows:
(b) In addition to the requirements of Subsection (a), to be
eligible to serve as a watcher, a person must complete training
under Section 33.008.
SECTION 4.06. Section 33.051, Election Code, is amended by
amending Subsections (a), (b), (d), and (e) and adding Subsections
(a-1), (g), and (h) to read as follows:
(a) A watcher appointed to serve at a precinct polling
place, a meeting place for an early voting ballot board, or a
central counting station must deliver the following materials [a
certificate of appointment] to the presiding judge at the time the
watcher reports for service:
(1) a certificate of appointment; and
(2) a certificate of completion from training
completed by the watcher under Section 33.008.
(a-1) A watcher appointed to serve at an early voting
polling place must deliver the certificates under Subsection (a) [a
certificate of appointment] to the early voting clerk or deputy
clerk in charge of the polling place when the watcher first reports
for service.
(b) The officer presented with a watcher's certificates
[certificate of appointment] shall require the watcher to
countersign the certificate of appointment to ensure that the
watcher is the same person who signed the certificate of
appointment. Except as provided by Subsection (c), a watcher who
presents himself or herself at the proper time with the
certificates required under Subsection (a) [a certificate of
appointment] shall be accepted for service unless the person is
ineligible to serve or the number of appointees to which the
appointing authority is entitled have already been accepted.
(d) The certificates [certificate] of a watcher serving at
an early voting polling place shall be retained at the polling place
until voting at the polling place is concluded. At each subsequent
time that the watcher reports for service, the watcher shall inform
the clerk or deputy in charge. The officer may require the watcher
to sign the watcher's name in the officer's presence, for comparison
with the signature on the certificate of appointment, if the
officer is uncertain of the watcher's identity.
(e) If a watcher is not accepted for service, the
certificates [certificate of appointment] shall be returned to the
watcher with a signed statement of the reason for the rejection.
(g) An election officer commits an offense if the officer
intentionally or knowingly refuses to accept a watcher for service
when acceptance of the watcher is required by this section. An
offense under this subsection is a Class A misdemeanor.
(h) Before accepting a watcher, the officer presented with a
watcher's certificate of appointment shall require the watcher to
take the following oath, administered by the officer: "I swear (or
affirm) that I will not disrupt the voting process or harass voters
in the discharge of my duties."
SECTION 4.07. Section 33.056, Election Code, is amended by
amending Subsection (a) and adding Subsections (e) and (f) to read
as follows:
(a) Except as provided by Section 33.057, a watcher is
entitled to observe any activity conducted at the location at which
the watcher is serving. A watcher is entitled to sit or stand
[conveniently] near enough to see and hear the election officers
conducting the observed activity, except as otherwise prohibited by
this chapter.
(e) Except as provided by Section 33.057(b), a watcher may
not be denied free movement where election activity is occurring
within the location at which the watcher is serving.
(f) In this code, a watcher who is entitled to "observe" an
election activity is entitled to sit or stand near enough to see and
hear the activity.
SECTION 4.08. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.0605 to read as follows:
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
(a) A watcher appointed to serve at a polling place in an election
who is available at the time of the action may observe all election
activities relating to closing the polling place, including the
sealing and transfer of a memory card, flash drive, hard drive, data
storage device, or other medium now existing or later developed
used by the voting system equipment.
(b) Notwithstanding any other provision of this code, a
watcher duly accepted for service at a polling location is entitled
to follow the transfer of election materials from the polling place
at which the watcher was accepted to a regional tabulating center,
the central counting station, or any other location designated to
process election materials. The authority responsible for
administering a regional tabulating center or another location
where election materials are processed must accept duly appointed
watchers for service in the same manner a watcher is accepted for
service under Section 33.051 and must accept the same number of
watchers that may serve under Section 33.007(a).
SECTION 4.09. Section 33.061(a), Election Code, is amended
to read as follows:
(a) A person commits an offense if the person serves in an
official capacity at a location at which the presence of watchers is
authorized and knowingly prevents a watcher from observing an
activity or procedure the person knows the watcher is entitled to
observe, including by taking any action to obstruct the view of a
watcher or distance the watcher from the activity or procedure to be
observed in a manner that would make observation not reasonably
effective.
SECTION 4.10. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.063 to read as follows:
Sec. 33.063. RELIEF. The appointing authority for a
watcher who believes that the watcher was unlawfully prevented or
obstructed from the performance of the watcher's duties may seek:
(1) injunctive relief under Section 273.081,
including issuance of temporary orders;
(2) a writ of mandamus under Section 161.009 or
273.061; and
(3) any other remedy available under law.
SECTION 4.11. Section 34.005, Election Code, is amended to
read as follows:
Sec. 34.005. ACTION BY SECRETARY OF STATE. (a) The
secretary of state may refer a reported violation of law for
appropriate action to the attorney general, if the attorney general
has jurisdiction, or to a prosecuting attorney having jurisdiction.
(b) If the secretary of state believes that a state
inspector was unlawfully prevented or obstructed from the
performance of the inspector's duties, the secretary of state may
seek:
(1) injunctive relief under Section 273.081,
including issuance of temporary orders;
(2) a writ of mandamus under Section 161.009 or
273.061; and
(3) any other remedy available under law.
SECTION 4.12. Section 86.006, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-2) to read as
follows:
(a) A marked ballot voted under this chapter must be
returned to the early voting clerk in the official carrier
envelope. The carrier envelope may be delivered in another
envelope and must be transported and delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsections [Subsection] (a-1) and
(a-2), in-person delivery by the voter who voted the ballot.
(a-2) An in-person delivery of a marked ballot voted under
this chapter must be received by an election official at the time of
delivery. The receiving official shall record the voter's name,
signature, and type of identification provided under Section
63.0101 on a roster prescribed by the secretary of state. The
receiving official shall attest on the roster that the delivery
complies with this section.
SECTION 4.13. Chapter 121, Election Code, is amended by
adding Section 121.004 to read as follows:
Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
PUBLIC INFORMATION. (a) Except as provided by Subsection (b), a
written letter, e-mail, or other communication, including a
communication made confidential by other law, between a public
official and a voting systems vendor:
(1) is not confidential;
(2) is public information for purposes of Chapter 552,
Government Code; and
(3) is not subject to an exception to disclosure
provided by Chapter 552, Government Code, other than Sections
552.110 and 552.1101, Government Code.
(b) A written letter, e-mail, or other communication
between a public official and a voting systems vendor is excepted
from disclosure under Chapter 552, Government Code, if the
communication discloses information, data, or records relating to
the security of elections critical infrastructure.
SECTION 4.14. Section 127.1301, Election Code, is amended
to read as follows:
Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING]
CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND
OVERVOTES]. (a) In an election using centrally counted optical
scan ballots, the undervotes and overvotes on those ballots shall
be tallied, tabulated, and reported by race and by election
precinct in the form and manner prescribed by the secretary of
state.
(b) An authority operating a central counting station under
this chapter may not purchase or use a centrally counted optical
ballot scan system that uses a data storage disc on which
information, once written, is capable of being modified.
(c) An authority that purchases system components in order
to comply with this section is eligible to have 100 percent of the
cost of those system components reimbursed.
(d) Subsection (b) applies starting on the earlier of:
(1) the date on which the state certifies the first
centrally counted optical ballot scan system under this section; or
(2) September 1, 2026.
(e) This subsection and Subsection (d) expire October 1,
2026.
SECTION 4.15. Section 127.131, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters at the close of tabulation for election day and again after
the central counting station meets for the last time to process
late-arriving ballots by mail and provisional ballots. The
secretary of state shall create and promulgate rules and a form to
facilitate compliance with this subsection. The form shall be
posted on a website maintained by the county along with election
returns and results.
SECTION 4.16. Section 129.023, Election Code, is amended by
adding Subsections (b-2) and (c-1) to read as follows:
(b-2) If the test is being conducted for an election in
which a county election board has been established under Section
51.002, the general custodian of election records shall notify each
member of the board of the test at least 48 hours before the date of
the test. If the county election board chooses to witness the test,
each member shall sign the statement required by Subsection (e)(1).
(c-1) A test conducted under this section must also require
the general custodian of election records to demonstrate, using a
representative sample of voting system equipment, that the source
code of the equipment has not been altered.
ARTICLE 5. VOTING BY MAIL
SECTION 5.01. Section 84.001(b), Election Code, is amended
to read as follows:
(b) Subject to Section 1.011, an [An] application must be
submitted in writing and signed by the applicant using ink on paper.
An electronic signature or photocopied signature is not permitted.
SECTION 5.02. Section 84.002, Election Code, as effective
September 1, 2021, is amended by amending Subsection (a) and adding
Subsection (b-1) to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot;
(6) an indication of the ground of eligibility for
early voting; and
(7) for an application for a ballot to be voted by mail
on the ground of involuntary civil commitment, the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
(b-1) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for the purpose of fulfilling the requirement
under Subsection (a)(1-a) if the license or identification is
otherwise valid.
SECTION 5.03. Section 84.011(a), Election Code, as
effective September 1, 2021, is amended to read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail or involuntary civil commitment
to indicate that the address to which the ballot is to be mailed is
the address of a relative described by Section 84.002(a)(4) or (7),
if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 5.04. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a)
Except as provided by Subsection (c) or as otherwise authorized by
this code, an officer or employee of this state or of a political
subdivision of this state may not distribute an application form
for an early voting ballot to a person who did not request an
application under Section 84.001.
(b) An officer or employee of this state or of a political
subdivision of this state may not use public funds to facilitate the
distribution by another person of an application form for an early
voting ballot to a person who did not request an application under
Section 84.001.
(c) A political party or a candidate for office may
distribute an application form for an early voting ballot to a
person who did not request an application under Section 84.001.
SECTION 5.05. Section 84.032(c), Election Code, is amended
to read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.0271(b) or (c) or 87.0411(b) or (c).
SECTION 5.06. Section 84.035, Election Code, is amended to
read as follows:
Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early
voting clerk cancels an application by an applicant to whom an early
voting ballot has been sent, the clerk shall:
(1) remove the applicant's name from the early voting
roster; and
(2) make any other entries in the records and take any
other action necessary to prevent the ballot from being counted if
returned.
(b) An election judge may permit a person to whom an early
voting ballot has been sent who cancels the person's application
for a ballot to be voted by mail in accordance with Section 84.032
but fails to return the ballot to be voted by mail to the early
voting clerk, deputy early voting clerk, or presiding judge as
provided by that section to vote only a provisional ballot under
Section 63.011.
SECTION 5.07. Section 86.001, Election Code, is amended by
adding Subsections (f), (f-1), and (f-2) to read as follows:
(f) If the information required under Section
84.002(a)(1-a) included on the application does not identify the
same voter identified on the applicant's application for voter
registration under Section 13.002(c)(8), the clerk shall reject the
application.
(f-1) If an application is rejected under Subsection (f),
the clerk shall provide notice of the rejection in accordance with
Subsection (c). The notice must include information regarding the
ability to correct or add information required under Section
84.002(a)(1-a) through the online tool described by Section
86.015(c).
(f-2) If an applicant corrects an application for a ballot
to be voted by mail online and that application subsequently
identifies the same voter identified on the applicant's application
for voter registration, the clerk shall provide a ballot to the
applicant as provided by this chapter.
SECTION 5.08. Section 86.002, Election Code, is amended by
adding Subsections (g), (h), and (i) to read as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license,
election identification certificate, or personal identification
card that has expired for purposes of Subsection (g) if the license
or identification is otherwise valid.
(i) No record associating an individual voter with a ballot
may be created.
SECTION 5.09. Section 86.011(c), Election Code, is amended
to read as follows:
(c) If the return is not timely, the clerk shall enter the
time of receipt on the carrier envelope and retain it in a locked
container for the period for preserving the precinct election
records. The clerk shall destroy the unopened envelope and its
contents after the preservation period.
SECTION 5.10. Section 86.015(c), Election Code, as
effective September 1, 2021, is amended to read as follows:
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application for a ballot to be voted by
mail received by the clerk; and
(B) each carrier envelope sent to a voter by the
clerk;
(2) for each carrier envelope, record or assign a
serially numbered and sequentially issued barcode or tracking
number that is unique to each envelope; [and]
(3) update the applicable Internet website as soon as
practicable after each of the following events occurs:
(A) receipt by the early voting clerk of the
person's application for a ballot to be voted by mail;
(B) acceptance or rejection by the early voting
clerk of the person's application for a ballot to be voted by mail;
(C) placement in the mail by the early voting
clerk of the person's official ballot;
(D) receipt by the early voting clerk of the
person's marked ballot; and
(E) acceptance or rejection by the early voting
ballot board of a person's marked ballot; and
(4) allow a voter to add or correct information
required under Section 84.002(a)(1-a) or Section 86.002(g).
SECTION 5.11. Sections 87.027(d), (e), and (i), Election
Code, are amended to read as follows:
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on
the ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee in order of the county chair's
preference. The authority shall appoint at least two persons from
each list in the order of preference indicated on each list to serve
as members of the committee. The same number of members must be
appointed from each list. The authority shall appoint as [the]
chair of the committee the highest-ranked person on [from] the list
provided by the political party whose nominee for governor received
the most votes in the county in the most recent gubernatorial
general election. The authority shall appoint as vice chair of the
committee the highest-ranked person on the list provided by the
political party whose nominee for governor received the second most
votes in the county in the most recent gubernatorial general
election. A vacancy on the committee shall be filled by appointment
from the original list or from a new list submitted by the
appropriate county chair.
(e) To be eligible to serve on a signature verification
committee, a person must be eligible under Subchapter C, Chapter
32, for service as a presiding election judge, except that the
person must be a qualified voter:
(1) of the county, in a countywide election ordered by
the governor or a county authority or in a primary election;
(2) of the part of the county in which the election is
held, for an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; or
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county.
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any
known signature [two or more signatures] of the voter [made within
the preceding six years and] on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 5.12. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect
information required under Section 84.002(a)(1-a) or Section
86.002; or
(5) containing incomplete information with respect to
a witness.
(b) Not later than the second business day after a signature
verification committee discovers a defect described by Subsection
(a) and before the committee decides whether to accept or reject a
timely delivered ballot under Section 87.027, the committee shall:
(1) determine if it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day; and
(2) return the carrier envelope to the voter by mail,
if the committee determines that it would be possible for the voter
to correct the defect and return the carrier envelope before the
time the polls are required to close on election day.
(c) If the signature verification committee determines
under Subsection (b)(1) that it would not be possible for the voter
to correct the defect and return the carrier envelope before the
time the polls are required to close on election day, the committee
may notify the voter of the defect by telephone or e-mail and inform
the voter that the voter may request to have the voter's application
to vote by mail canceled in the manner described by Section 84.032
or come to the early voting clerk's office in person not later than
the sixth day after election day to correct the defect.
(d) If the signature verification committee takes an action
described by Subsection (b) or (c), the committee must take either
action described by that subsection with respect to each ballot in
the election to which this section applies.
(e) A poll watcher is entitled to observe an action taken
under Subsection (b) or (c).
(f) The secretary of state may prescribe any procedures
necessary to implement this section.
(g) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 5.13. Section 87.041, Election Code, is amended by
amending Subsections (b) and (e) and adding Subsection (d-1) to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the information required under Section 86.002(g)
provided by the voter identifies the same voter identified on the
voter's application for voter registration under Section
13.002(c)(8).
(d-1) If a voter provides the information required under
Section 86.002(g) and it identifies the same voter identified on
the voter's application for voter registration under Section
13.002(c)(8), the signature on the ballot application and on the
carrier envelope certificate shall be rebuttably presumed to be
the signatures of the voter.
(e) In making the determination under Subsection (b)(2), to
determine whether the signatures are those of the voter, the board
may also compare the signatures with any known signature [two or
more signatures] of the voter [made within the preceding six years
and] on file with the county clerk or voter registrar [to determine
whether the signatures are those of the voter].
SECTION 5.14. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect
information required under Section 84.002(a)(1-a) or Section
86.002; or
(5) containing incomplete information with respect to
a witness.
(b) Not later than the second business day after an early
voting ballot board discovers a defect described by Subsection (a)
and before the board decides whether to accept or reject a timely
delivered ballot under Section 87.041, the board shall:
(1) determine if it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day; and
(2) return the carrier envelope to the voter by mail,
if the board determines that it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day.
(c) If the early voting ballot board determines under
Subsection (b)(1) that it would not be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day, the board may
notify the voter of the defect by telephone or e-mail and inform the
voter that the voter may request to have the voter's application to
vote by mail canceled in the manner described by Section 84.032 or
come to the early voting clerk's office in person not later than the
sixth day after election day to correct the defect.
(d) If the early voting ballot board takes an action
described by Subsection (b) or (c), the board must take either
action described by that subsection with respect to each ballot in
the election to which this section applies.
(e) A poll watcher is entitled to observe an action taken
under Subsection (b) or (c).
(f) The secretary of state may prescribe any procedures
necessary to implement this section.
(g) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 5.15. Section 87.0431(b), Election Code, is amended
to read as follows:
(b) The early voting clerk shall, not later than the 30th
day after election day, deliver notice to the attorney general,
including certified copies of the carrier envelope and
corresponding ballot application, of any ballot rejected because:
(1) the voter was deceased;
(2) the voter already voted in person in the same
election;
(3) the signatures on the carrier envelope and ballot
application were not executed by the same person;
(4) the carrier envelope certificate lacked a witness
signature; [or]
(5) the carrier envelope certificate was improperly
executed by an assistant; or
(6) the early voting ballot board or the signature
verification committee determined that another violation of the
Election Code occurred.
SECTION 5.16. Sections 87.062(a) and (c), Election Code,
are amended to read as follows:
(a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the containers [container] for the early voting ballots that
are to be counted by the board, remove the contents from each [the]
container, and remove any ballots enclosed in ballot envelopes from
their envelopes.
(c) Ballots voted by mail shall be tabulated and stored
separately from the ballots voted by personal appearance and shall
be separately reported on the returns [The results of all early
voting ballots counted by the board under this subchapter shall be
included in the same return].
SECTION 5.17. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The early voting electronic system ballots counted at a central
counting station, the ballots cast at precinct polling places, and
the ballots voted by mail shall be tabulated separately [from the
ballots cast at precinct polling places] and shall be separately
reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
SECTION 5.18. Section 87.126, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Electronic records made under this section shall
record both sides of any application, envelope, or ballot recorded,
and all such records shall be provided to the early voting ballot
board, the signature verification committee, or both.
SECTION 5.19. Subchapter G, Chapter 87, Election Code, is
amended by adding Section 87.128 to read as follows:
Sec. 87.128. NOTES. (a) Each member of an early voting
ballot board and each member of a signature verification committee
is entitled to take any notes reasonably necessary to perform the
member's duties under this chapter.
(b) Notes taken under this section may not contain
personally identifiable information.
(c) Each member who takes notes under this section shall
sign the notes and deliver them to the presiding judge or committee
chair, as applicable, for delivery to the custodian of election
records.
(d) Notes collected under this section shall be preserved in
the same manner as precinct election records under Section 66.058.
ARTICLE 6. ASSISTANCE OF VOTERS
SECTION 6.01. Section 64.009, Election Code, is amended by
amending Subsection (b) and adding Subsections (e), (f), (f-1),
(g), and (h) to read as follows:
(b) The regular voting procedures, except those in
Subchapter B, may be modified by the election officer to the extent
necessary to conduct voting under this section.
(e) Except as provided by Section 33.057, a poll watcher is
entitled to observe any activity conducted under this section.
(f) A person who simultaneously assists seven or more voters
voting under this section by providing the voters with
transportation to the polling place must complete and sign a form,
provided by an election officer, that contains the person's name
and address and whether the person is providing assistance solely
under this section or under both this section and Subchapter B.
(f-1) Subsection (f) does not apply if the person is related
to each voter within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code.
(g) A form completed under Subsection (f) shall be delivered
to the secretary of state as soon as practicable. The secretary
shall retain a form delivered under this section for the period for
preserving the precinct election records and shall make the form
available to the attorney general for inspection upon request.
(h) The secretary of state shall prescribe the form
described by Subsection (f).
SECTION 6.02. Section 64.031, Election Code, is amended to
read as follows:
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. A voter is
eligible to receive assistance in marking or reading the ballot, as
provided by this subchapter, if the voter cannot prepare or read the
ballot because of:
(1) a physical disability that renders the voter
unable to write or see; or
(2) an inability to read the language in which the
ballot is written.
SECTION 6.03. Subchapter B, Chapter 64, Election Code, is
amended by adding Section 64.0322 to read as follows:
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person, other than an election officer, who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the relationship to the voter of the person
assisting the voter; and
(3) whether the person assisting the voter received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee.
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
SECTION 6.04. Section 64.034, Election Code, is amended to
read as follows:
Sec. 64.034. OATH. A person, other than an election
officer, selected to provide assistance to a voter must take the
following oath, administered by an election officer at the polling
place, before providing assistance:
"I swear (or affirm) under penalty of perjury that the voter I
am assisting represented to me they are eligible to receive
assistance; I will not suggest, by word, sign, or gesture, how the
voter should vote; I will confine my assistance to reading the
ballot to the voter, directing the voter to read the ballot, marking
the voter's ballot, or directing the voter to mark the ballot;
[answering the voter's questions, to stating propositions on the
ballot, and to naming candidates and, if listed, their political
parties;] I will prepare the voter's ballot as the voter directs; I
did not pressure or coerce the voter into choosing me to provide
assistance; [and] I am not the voter's employer, an agent of the
voter's employer, or an officer or agent of a labor union to which
the voter belongs; I will not communicate information about how the
voter has voted to another person; and I understand that if
assistance is provided to a voter who is not eligible for
assistance, the voter's ballot may not be counted."
SECTION 6.05. Sections 86.010(e), (h), and (i), Election
Code, are amended to read as follows:
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter on the official carrier envelope of the
voter:
(1) the person's signature, printed name, and
residence address;
(2) the relationship of the person providing the
assistance to the voter; and
(3) whether the person received or accepted any form
of compensation or other benefit from a candidate, campaign, or
political committee in exchange for providing assistance [on the
official carrier envelope of the voter].
(h) Subsection (f) does not apply:
(1) to a violation of Subsection (c), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, or was physically living in the same
dwelling as the voter at the time of the event; or
(2) to a violation of Subsection (e), if the person is
related to the voter within the second degree by affinity or the
third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code.
(i) An offense under this section for a violation of
Subsection (c) is increased to the next higher category of offense
if it is shown on the trial of an offense under this section that:
(1) the defendant was previously convicted of an
offense under this code;
(2) the offense involved a voter 65 years of age or
older; or
(3) the defendant committed another offense under this
section in the same election.
SECTION 6.06. Section 86.0105, Election Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsection (f) to
read as follows:
(a) A person commits an offense if the person:
(1) compensates or offers to compensate another person
for assisting voters as provided by Section 86.010[, as part of any
performance-based compensation scheme based on the number of voters
assisted or in which another person is presented with a quota of
voters to be assisted as provided by Section 86.010]; or
(2) solicits, receives, or [engages in another
practice that causes another person's compensation from or
employment status with the person to be dependent on the number of
voters assisted as provided by Section 86.010; or
[(3) with knowledge that accepting compensation for
such activity is illegal,] accepts compensation for an activity
described by Subdivision (1) [or (2)].
(c) An offense under this section is a state jail felony [if
it is shown on the trial of an offense under this section that the
defendant was previously convicted two or more times under this
section].
(e) For purposes of this section, compensation means an
economic benefit as defined by Section 38.01, Penal Code [any form
of monetary payment, goods, services, benefits, or promises or
offers of employment, or any other form of consideration offered to
another person in exchange for assisting voters].
(f) This section does not apply if the person assisting a
voter is an attendant or caregiver previously known to the voter.
SECTION 6.07. Section 86.013(b), Election Code, is amended
to read as follows:
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
[and]
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
and
(3) indicating the relationship of that person to the
voter.
SECTION 6.08. (a) The secretary of state shall conduct a
study regarding the implementation of educational programs,
including the production and publication on the secretary of
state's Internet website of instructional videos, to help voters
with disabilities understand how to use voting systems used in this
state.
(b) Not later than December 1, 2022, the secretary of state
shall submit to the standing committees of the legislature with
jurisdiction over elections a report on the study required by this
section.
(c) The secretary of state, using existing resources, may
contract with a qualified vendor to conduct the study required by
this section.
(d) This section expires December 1, 2023.
ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES
SECTION 7.01. Chapter 63, Election Code, is amended by
adding Section 63.0111 to read as follows:
Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
An election judge commits an offense if the judge knowingly
provides a voter with a form for an affidavit required by Section
63.001 if the form contains information that the judge entered on
the form knowing it was false.
(b) An offense under this section is a state jail felony.
SECTION 7.02. Sections 276.004(a) and (b), Election Code,
are amended to read as follows:
(a) A person commits an offense if, with respect to another
person over whom the person has authority in the scope of
employment, the person knowingly:
(1) refuses to permit the other person to be absent
from work on election day or while early voting is in progress for
the purpose of attending the polls to vote; or
(2) subjects or threatens to subject the other person
to a penalty for attending the polls on election day or while early
voting is in progress to vote.
(b) It is an exception to the application of this section
that the person's conduct occurs in connection with an election in
which the polls are open on election day or while early voting is in
progress for voting for two consecutive hours outside of the
voter's working hours.
SECTION 7.03. Sections 276.013(a) and (b), Election Code,
are amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes any effort to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process,
including by altering the ballot of another or by otherwise causing
a ballot to not reflect the intent of the voter;
(2) cause a voter to become registered, a ballot to be
obtained, or a vote to be cast under false pretenses; [or]
(3) cause any false or intentionally misleading
statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier
envelope, or any other official election-related form or document;
(4) prevent a voter from casting a legal ballot in an
election in which the voter is eligible to vote;
(5) provide false information to a voter with the
intent of preventing the voter from voting in an election in which
the voter is eligible to vote;
(6) cause the ballot not to reflect the intent of the
voter;
(7) cause a ballot to be voted for another person that
the person knows to be deceased or otherwise knows not to be a
qualified or registered voter;
(8) cause or enable a vote to be cast more than once in
the same election; or
(9) discard or destroy a voter's completed ballot
without the voter's consent.
(b) An offense under this section is a Class A misdemeanor,
unless:
(1) the person committed the offense while acting in
the person's capacity as an elected official, in which case the
offense is a state jail felony; or
(2) the person is convicted of an attempt, in which
case the offense is a Class B [A] misdemeanor.
SECTION 7.04. Chapter 276, Election Code, is amended by
adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
read as follows:
Sec. 276.015. VOTE HARVESTING. (a) In this section:
(1) "Benefit" means anything reasonably regarded as a
gain or advantage, including a promise or offer of employment, a
political favor, or an official act of discretion, whether to a
person or another party whose welfare is of interest to the person.
(2) "Vote harvesting services" means in-person
interaction with one or more voters, in the physical presence of an
official ballot or a ballot voted by mail, intended to deliver votes
for a specific candidate or measure.
(b) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide vote
harvesting services in exchange for compensation or other benefit.
(c) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide
compensation or other benefit to another person in exchange for
vote harvesting services.
(d) A person commits an offense if the person knowingly
collects or possesses a mail ballot or official carrier envelope in
connection with vote harvesting services.
(e) This section does not apply to:
(1) an activity not performed in exchange for
compensation or a benefit;
(2) interactions that do not occur in the presence of
the ballot or during the voting process;
(3) interactions that do not directly involve an
official ballot or ballot by mail;
(4) interactions that are not conducted in-person with
a voter; or
(5) activity that is not designed to deliver votes for
or against a specific candidate or measure.
(f) An offense under this section is a felony of the third
degree.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(h) Records necessary to investigate an offense under this
section or any other section of this code shall be provided by an
election officer in an unredacted form to a law enforcement officer
upon request. Records obtained under this subsection are not
subject to public disclosure.
Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
APPLICATION TO VOTE BY MAIL. (a) A public official or election
official commits an offense if the official, while acting in an
official capacity, knowingly:
(1) solicits the submission of an application to vote
by mail from a person who did not request an application;
(2) distributes an application to vote by mail to a
person who did not request the application unless the distribution
is expressly authorized by another provision of this code;
(3) authorizes or approves the expenditure of public
funds to facilitate third-party distribution of an application to
vote by mail to a person who did not request the application; or
(4) completes any portion of an application to vote by
mail and distributes the application to an applicant.
(b) An offense under this section is a state jail felony.
(c) Subsection (a)(2) does not apply if the public official
or election official engaged in the conduct described by Subsection
(a)(2) by providing access to an application to vote by mail from a
publicly accessible Internet website.
(d) Subsection (a)(4) does not apply if the public official
or election official engaged in the conduct described by Subsection
(a)(4) while lawfully assisting the applicant under Section 84.003.
(e) Subsection (a) does not apply if the public official or
election official:
(1) provided general information about voting by mail,
the vote by mail process, or the timelines associated with voting to
a person or the public; or
(2) engaged in the conduct described by Subsection (a)
while acting in the official's capacity as a candidate for a public
elective office.
(f) The remedy provided under this chapter is cumulative,
and does not restrict any other remedies provided by this code or by
law. A violation of this section is subject to injunctive relief or
mandamus as provided by this code.
Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
AND BALLOTING MATERIALS. (a) The early voting clerk or other
election official commits an offense if the clerk or official
knowingly mails or otherwise provides an early voting ballot by
mail or other early voting by mail ballot materials to a person who
the clerk or official knows did not submit an application for a
ballot to be voted by mail under Section 84.001.
(b) An offense under this section is a Class A misdemeanor.
Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
PROCEDURES. (a) A person commits an offense if, with the intent to
deceive, the person knowingly or intentionally makes a false
statement or swears to the truth of a false statement:
(1) on a voter registration application; or
(2) previously made while making an oath, declaration,
or affidavit described by this code.
(b) An offense under this section is a state jail felony.
Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
public official or election official may not create, alter, modify,
waive, or suspend any election standard, practice, or procedure
mandated by law or rule in a manner not expressly authorized by this
code.
ARTICLE 8. ENFORCEMENT
SECTION 8.01. Subchapter E, Chapter 31, Election Code, is
amended by adding Sections 31.128, 31.129, and 31.130 to read as
follows:
Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this
section, "election official" does not include a chair of a county
political party holding a primary election or a runoff primary
election.
(b) A person may not serve as an election official if the
person has been finally convicted of an offense under this code.
Sec. 31.129. CIVIL PENALTY. (a) In this section, "election
official" has the meaning assigned by Section 31.128.
(b) An election official may be liable to this state for a
civil penalty if the official:
(1) is employed by or is an officer of this state or a
political subdivision of this state; and
(2) violates a provision of this code.
(c) A civil penalty imposed under this section may include
termination of the person's employment and loss of the person's
employment benefits.
Sec. 31.130. SUIT AGAINST ELECTION OFFICER. An action,
including an action for a writ of mandamus, alleging that an
election officer violated a provision of this code while acting in
the officer's official capacity may only be brought against the
officer in the officer's official capacity.
SECTION 8.02. Sections 232.008(b), (c), and (d), Election
Code, are amended to read as follows:
(b) Except as provided by Subsection (c), a contestant must
file the petition not later than the later of the 45th [30th] day
after the date the election records are publicly available under
Section 1.012 or the official result of the contested election is
determined.
(c) A contestant must file the petition not later than the
later of the 15th [10th] day after the date the election records are
publicly available under Section 1.012 or the official result is
determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
(d) A contestant must deliver, electronically or otherwise,
a copy of the petition to the secretary of state by the same
deadline prescribed for the filing of the petition.
SECTION 8.03. Title 14, Election Code, is amended by adding
Subtitle D to read as follows:
SUBTITLE D. OTHER ELECTION LAWSUITS
CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
Sec. 247.001. PETITION ALLEGING FRAUD. This chapter
applies to a civil suit in which a candidate in an election alleges
in the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge violated any of the following
sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010;
(9) Section 276.013; and
(10) Section 276.015.
Sec. 247.002. PROCEDURE. A candidate in an election may
file a petition for an action under this chapter in any county where
a defendant resided at the time of the election. If the election is
for a statewide office, the candidate may also file the petition in
a district court in Travis County.
Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an
election may file a petition for an action under this chapter not
earlier than the day after the date the election is certified and
not later than the 45th day after the later of that date or the date
election records are made publicly available under Section 1.012.
Sec. 247.004. DAMAGES. (a) If it is shown by a
preponderance of the evidence that a defendant, an agent of the
defendant, or a person acting on behalf of the defendant with the
defendant's knowledge committed one or more violations of a section
described by Section 247.001, the defendant is liable to the
plaintiff for damages in an amount of $1,000 for each violation.
(b) Notwithstanding Section 41.004, Civil Practice and
Remedies Code, a court shall award damages under Subsection (a) to
the plaintiff irrespective of whether the plaintiff is awarded
actual damages.
Sec. 247.005. ATTORNEY'S FEES. In an action under this
chapter, the court may award reasonable attorney's fees to the
prevailing party.
SECTION 8.04. Section 273.061, Election Code, is amended to
read as follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a
court of appeals may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the
holding of an election or a political party convention, regardless
of whether the person responsible for performing the duty is a
public officer.
(b) The court of criminal appeals may issue a writ of
mandamus to compel the performance of any duty imposed by law in
connection with the provision, sequestration, transfer, or
impoundment of evidence in or records relating to a criminal
investigation conducted under this code or conducted in connection
with the conduct of an election or political party convention. If a
writ of mandamus is issued under this subsection, it shall include
an order requiring the provision, sequestration, transfer, or
impoundment of the evidence or record.
SECTION 8.05. Subchapter D, Chapter 22, Government Code, is
amended by adding Sections 22.304 and 22.305 to read as follows:
Sec. 22.304. COURT SITTING IN PANELS FOR CERTAIN ELECTION
PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
official" means any person elected, selected, appointed, employed,
or otherwise designated as an officer, employee, or agent of this
state, a government agency, a political subdivision, or any other
public body established by state law.
(b) Notwithstanding any other law or rule, a court
proceeding entitled to priority under Section 22.305 and filed in a
court of appeals shall be docketed by the clerk of the court and
assigned to a panel of three justices determined using an automated
assignment system.
(c) A person, including a public official, commits an
offense if the person communicates with a court clerk with the
intention of influencing or attempting to influence the composition
of a three-justice panel assigned a specific proceeding under this
section.
(d) An offense under this section is a Class A misdemeanor.
Sec. 22.305. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
The supreme court or a court of appeals shall prioritize over any
other proceeding pending or filed in the court a proceeding for
injunctive relief or for a writ of mandamus under Chapter 273,
Election Code, pending or filed in the court on or after the 70th
day before a general or special election.
(b) If granted, oral argument for a proceeding described by
Subsection (a) may be given in person or through electronic means.
SECTION 8.06. Section 23.101, Government Code, is amended
by amending Subsection (a) and adding Subsections (b-1) and (b-2)
to read as follows:
(a) Except as provided by Subsection (b-1), the [The] trial
courts of this state shall regularly and frequently set hearings
and trials of pending matters, giving preference to hearings and
trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code;
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02(a)(7), 20A.02(a)(8),
or 20A.03, Penal Code;
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure; and
(E) criminal actions against persons who are
detained as provided by Section 51.12, Family Code, after transfer
for prosecution in criminal court under Section 54.02, Family Code;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
(b-1) Except for a criminal case in which the death penalty
has been or may be assessed or when it would otherwise interfere
with a constitutional right, the trial courts of this state shall
prioritize over any other proceeding pending or filed in the court a
proceeding for injunctive relief under Chapter 273, Election Code,
pending or filed in the court on or after the 70th day before a
general or special election.
(b-2) A hearing in a proceeding described by Subsection
(b-1) may be held in person or through electronic means, as
determined by the court.
SECTION 8.07. Chapter 23, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. GENERAL PROVISIONS
Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
clerk of a district court in which a proceeding entitled to priority
under Section 23.101(b-1) is filed shall docket the proceeding and,
if more than one district court in the county has jurisdiction over
the proceeding, randomly assign the proceeding to a district court
using an automated assignment system.
(b) Notwithstanding any other law or rule, the clerk of a
county court or statutory county court in which a proceeding
entitled to priority under Section 23.101(b-1) is filed shall
docket the proceeding and, if more than one court in the county has
jurisdiction over the proceeding, randomly assign the proceeding to
a court using an automated assignment system.
(c) A person, including a public official, commits an
offense if the person communicates with a county or district clerk
with the intention of influencing or attempting to influence the
court or judge assigned to a proceeding under this section.
(d) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if it is shown on the
trial of the offense that the person committed the offense while
acting in the person's official capacity as an election official.
(e) If a district or county clerk does not comply with this
section, a person may seek from the supreme court or a court of
appeals a writ of mandamus as provided by Section 273.061, Election
Code, to compel compliance with this section.
Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
(a) Not later than 24 hours after the proceeding is filed, a judge
to whom a case is assigned under Section 23.301(b) who wishes to be
recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary
relief sought;
(2) grant or deny any emergency temporary relief
sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction sought
not later than five days after the date on which the proceeding was
filed; and
(B) discovery and deposition deadlines before
the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall
assign a new judge to a proceeding assigned under Section 23.301(b)
not later than 12 hours after the original judge assigned to the
proceeding is recused under Subsection (a).
(c) A final order in a proceeding filed under Section
273.081, Election Code, shall be submitted in writing to the
parties not later than 24 hours after the judge makes a final
determination in the proceeding.
(d) If a district judge does not comply with this section, a
person may seek from the supreme court, the court of criminal
appeals, or a court of appeals a writ of mandamus as provided by
Section 273.061, Election Code, to compel compliance with this
section.
(e) Notwithstanding Section 23.101(b-1), a proceeding
relating to a permanent injunction being sought in connection to a
challenge under Section 141.034, Election Code, may be heard after
the primary election has been canvassed.
ARTICLE 9. INELIGIBLE VOTERS AND RELATED REFORMS
SECTION 9.01. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0194 to read as follows:
Art. 42.0194. FINDING REGARDING FELONY CONVICTION. In the
trial of a felony offense, if the defendant is adjudged guilty of
the offense, the court shall:
(1) make an affirmative finding that the person has
been found guilty of a felony and enter the affirmative finding in
the judgment of the case; and
(2) instruct the defendant regarding how the felony
conviction will impact the defendant's right to vote in this state.
SECTION 9.02. Article 42.01, Code of Criminal Procedure, as
effective September 1, 2021, is amended by adding Section 16 to read
as follows:
Sec. 16. In addition to the information described by
Section 1, the judgment should reflect the affirmative finding and
instruction entered pursuant to Article 42.0194.
SECTION 9.03. Section 64.012, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (c) and (d)
to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally:
(1) votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;
(2) [knowingly] votes or attempts to vote more than
once in an election;
(3) [knowingly] votes or attempts to vote a ballot
belonging to another person, or by impersonating another person;
[or]
(4) [knowingly] marks or attempts to mark any portion
of another person's ballot without the consent of that person, or
without specific direction from that person how to mark the ballot;
or
(5) votes or attempts to vote in an election in this
state after voting in another state in an election in which a
federal office appears on the ballot and the election day for both
states is the same day.
(b) An offense under this section is a Class A misdemeanor
[felony of the second degree unless the person is convicted of an
attempt. In that case, the offense is a state jail felony].
(c) A person may not be convicted solely upon the fact that
the person signed a provisional ballot affidavit under Section
63.011 unless corroborated by other evidence that the person
knowingly committed the offense.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 9.04. The change in law made by this article in
adding Section 64.012(c), Election Code, applies to an offense
committed before, on, or after the effective date of this Act,
except that a final conviction for an offense under that section
that exists on the effective date of this Act remains unaffected by
this article.
ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
SECTION 10.01. The following provisions of the Election
Code are repealed:
(1) Section 85.062(e);
(2) Section 86.0105(b); and
(3) Section 127.201(f).
SECTION 10.02. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
Act that can be given effect without the invalid provision or
application, and to this end the provisions of this Act are declared
to be severable.
SECTION 10.03. (a) Except as otherwise provided by this
Act, the changes in law made by this Act apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
(b) The changes in law made by this Act apply only to an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
(c) The changes in law made by this Act apply only to an
application to vote an early voting ballot by mail submitted on or
after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
(d) The changes in law made by this Act apply only to an
application for voter registration submitted on or after the
effective date of this Act.
(e) Chapter 247, Election Code, as added by this Act,
applies only to a cause of action for which the associated election
occurred after the effective date of this Act.
SECTION 10.04. This Act takes effect on the 91st day after
the last day of the legislative session.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1 passed the Senate on
August 12, 2021, by the following vote: Yeas 18, Nays 11;
August 27, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; August 29, 2021,
House granted request of the Senate; August 31, 2021, Senate
adopted Conference Committee Report by the following
vote: Yeas 18, Nays 13.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1 passed the House, with
amendments, on August 27, 2021, by the following vote: Yeas 80,
Nays 41, one present not voting; August 29, 2021, House granted
request of the Senate for appointment of Conference Committee;
August 31, 2021, House adopted Conference Committee Report by the
following vote: Yeas 80, Nays 41, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor