87S20113 BRG-F
By: West, et al. S.B. No. 71
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of elections in this state.
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
Barbara Jordan Fair Elections Act.
SECTION 1.02. PURPOSE. The purpose of this Act is to
exercise the legislature's constitutional authority under Section
2, Article VI, Texas Constitution, to ensure that "The privilege of
free suffrage shall be protected by laws regulating elections and
prohibiting under adequate penalties all undue influence in
elections from power, bribery, tumult, or other improper practice."
SECTION 1.03. FINDINGS. The legislature finds that:
(1) full, free, and fair elections are the
underpinnings of a stable constitutional democracy;
(2) the privilege of free suffrage shall be protected
by laws regulating elections;
(3) maximizing the potential for safe, secure, and
accessible elections and enhancing the opportunities to vote
strengthen our constitutional democracy and provide for wide-scale
confidence in elections;
(4) additionally, preventing a valid vote from being
cast or counted violates the basic constitutional rights guaranteed
to each citizen by the United States Constitution and the law of the
land; and
(5) 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 shall be uniform and consistent throughout this state to
promote voter access and ensure that all lawfully cast votes are
counted.
SECTION 1.05. Section 1.003, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A public official shall construe the provisions of
this code broadly to effect the intent of the legislature under
Section 1.0015.
ARTICLE 2. VOTER REGISTRATION
SECTION 2.01. Subchapter A, Chapter 13, Election Code, is
amended by adding Sections 13.009 and 13.010 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
secretary of state shall implement a program to allow a person to
complete a voter registration application over the Internet from
the official Internet website of this state. The Internet websites
of the secretary of state and the Department of Public Safety must
also provide a link to the location of the application on the
official Internet website of this state.
(b) An applicant for electronic voter registration who has a
driver's license or personal identification card issued in this
state, regardless of whether the license or card is unexpired,
must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes.
(c) An applicant for electronic voter registration who does
not have a driver's license or personal identification card issued
in this state must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) print a registration application from the Internet
website the applicant is using to register, sign the application,
and mail the application to the registrar.
(d) For each application submitted under Subsection (b),
the program must require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety.
(e) For each application submitted under Subsection (c),
the program must provide the applicant with:
(1) a registration application that the applicant can
print from the registration Internet website, sign, and mail to the
registrar as required under Subsection (c)(2); and
(2) information about how the applicant can obtain a
driver's license or personal identification card from the
Department of Public Safety.
(f) An application submitted under this section is
considered for all purposes an application submitted by mail under
this title.
(g) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(h) The rules adopted under Subsection (g) must require
that:
(1) the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the Internet website near the place where the person begins or
submits the application; and
(2) the state electronic Internet portal project be
used to authenticate the identity of a person who submits an
application electronically under this section.
Sec. 13.010. VOTER REGISTRATION THROUGH DEPARTMENT OF
PUBLIC SAFETY. (a) The voter registrar of each county shall
automatically register any county resident who is eligible to vote
as provided by Section 13.001 and:
(1) is issued a Texas driver's license or personal
identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
Safety.
(b) A driver's license or personal identification card
transaction with an indication provided by Section 20.062(b) or
20.063(c) that the transaction is not for voter registration
purposes is not subject to this section.
SECTION 2.02. Section 20.061, Election Code, is amended to
read as follows:
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
13.010.
SECTION 2.03. Section 20.062(b), Election Code, is amended
to read as follows:
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
SECTION 2.04. Section 20.063, Election Code, is amended to
read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
of Public Safety shall consider an application made in person, by
mail, or online at the department's Internet website [provide to
each person who applies in person at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card by
a person who is eligible to vote as provided by Section 13.001 an
application for [opportunity to complete a] voter registration.
The date of application is considered to be the date of submission
to the voter registrar for the purpose of determining the effective
date of registration [application form].
(b) The Department of Public Safety shall consider a change
of address that relates to [When the department processes] a
license or card and that is submitted to [for renewal by mail,] the
department [shall deliver to the applicant by mail a voter
registration application form.
[(c) A change of address that relates to a license or card
and that is submitted to the department] in person, [or] by mail, or
online at the department's Internet website [serves] as a change in
[of address for] voter registration [unless the licensee or
cardholder indicates that the change is not for voter registration
purposes]. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
date of registration [only].
(c) The registration of an eligible [(d) If a completed]
voter as required by Subsections (a) and (b) is automatic unless the
person indicates that the transaction is not for voter
registration purposes [application submitted to a department
employee does not include the applicant's correct driver's license
number or personal identification card number, a department
employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application].
SECTION 2.05. Section 20.065(b), Election Code, is amended
to read as follows:
(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or online
at the department's Internet website for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card [application submitted to the
department]. The secretary shall prescribe procedures necessary to
implement this subsection.
SECTION 2.06. Chapter 63, Election Code, is amended by
adding Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE. (a) A person
who would be eligible to vote in an election under Section 11.001,
but for the requirement to be a registered voter, shall be accepted
during voting by personal appearance for voting the ballot for the
precinct of the person's residence as shown by the identification
presented if, on the day the person offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place; and
(2) presents as proof of residence a form of photo
identification described by Section 63.0101(a) that states the
person's current address.
(b) The election officer shall return the original proof of
residence to the voter.
(c) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011 except
that the person is not required to submit the affidavit under
Section 63.011(a).
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and determine whether the applicant is eligible for
registration as provided by Subchapter C, Chapter 13. A
registration approved under this subsection takes effect on the
date the vote was cast.
(e) An election officer serving at a polling place, whether
on election day or during the early voting period, is a deputy voter
registrar and has the same authority as a regular deputy registrar.
SECTION 2.07. Section 85.031(a), Election Code, is amended
to read as follows:
(a) For each person entitled to vote an early voting ballot
by personal appearance or entitled to register at a polling place,
the early voting clerk shall follow the procedure for accepting or
registering a regular voter on election day, with the modifications
necessary for the conduct of early voting.
ARTICLE 3. VOTE BY MAIL
SECTION 3.01. Section 13.002(e), Election Code, is amended
to read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter B, Chapter
58, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
SECTION 3.02. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 3.03. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter who,
[is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter B, Chapter 58, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 3.04. Sections 84.001(a), (b), and (d), Election
Code, are amended to read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
(b) An application must be in writing and signed by the
applicant. Except as provided by Section 84.0091, an [An]
electronic signature is not permitted.
(d) An application must be submitted [by mail] to the early
voting clerk for the election who serves the election precinct of
the applicant's residence.
SECTION 3.05. Section 84.002(a), Election Code, as
effective September 1, 2021, is amended 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;
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, 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
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [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
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), 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; and
(6) [an indication of the ground of eligibility for
early voting; and
[(7)] for an application for a ballot to be voted by
mail by an applicant who is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and is ordered
as a condition of civil commitment to reside in a facility operated
by or under contract with the Texas Civil Commitment Office [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).
SECTION 3.06. Section 84.007(a), Election Code, is amended
to read as follows:
(a) Except as provided by Sections 84.008, [and] 84.009, and
84.0091, an application for a ballot to be voted by mail must be
submitted as provided by this section.
SECTION 3.07. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(b) On request of the applicant, an application for a ballot
to be voted by mail [on the ground of confinement in jail] may be
submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 3.08. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0091 to read as follows:
Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: ELECTRONIC SUBMISSION. The secretary of state shall
implement a program to allow a person to complete an application for
an early voting ballot by mail over the Internet from the official
Internet website of this state. The program must:
(1) permit an applicant to electronically sign the
application;
(2) deliver a completed application to the early
voting clerk for the election who serves the election precinct of
the applicant's residence; and
(3) permit an applicant to check the status of the
applicant's application.
SECTION 3.09. 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; 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 whether
the applicant will be absent from the applicant's county of
residence on election day and, if applicable, 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 who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[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 who is
confined [applying on the ground of confinement] in jail as
described by Section 84.009(a) or who is civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code, and ordered as a condition of civil commitment to reside in a
facility operated by or under contract with the Texas Civil
Commitment Office, [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 (6) [(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 3.10. Sections 84.032(c) and (d), Election Code,
are 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 a notice of defect under Section
87.0411(b).
(d) An applicant may also submit a request by appearing in
person and returning the ballot to be voted by mail or presenting a
notice received under Section 86.006(h) or 87.0411(b) to:
(1) the early voting clerk or deputy early voting
clerk at any polling place that is open for early voting by personal
appearance; or
(2) the presiding election judge on election day at
the applicant's precinct polling place.
SECTION 3.11. Sections 86.001(b) and (c), Election Code,
are amended to read as follows:
(b) If the application complies with the applicable
requirements prescribed by this title [applicant is entitled to
vote an early voting ballot by mail], the clerk shall provide an
official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote in the election [by mail], the clerk shall
reject the application, enter on the application "rejected" and the
reason for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not be
provided to an applicant whose application is rejected.
SECTION 3.12. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that[:
[(1) indicates the ground of eligibility is age or
disability; and
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
for more than one election.
SECTION 3.13. Section 86.003(c), Election Code, as
effective September 1, 2021, is amended to read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4);
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative; or
(4) is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and ordered as a
condition of civil commitment to reside in a facility operated by or
under contract with the Texas Civil Commitment Office [involuntary
civil commitment], in which case the address must be the address of
the facility or of a relative described by Section 84.002(a)(6)
[84.002(a)(7)].
SECTION 3.14. Section 86.004(b), Election Code, is amended
to read as follows:
(b) For an election to which Section 101.104 applies, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard application
that the voter seeks [is eligible] to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 3.15. Section 87.027(i), Election Code, is amended
to read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any 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. As
soon as practicable, but in no event more than one business day,
after the committee discovers that a voter did not sign the carrier
envelope certificate or determines that the signature on the
voter's ballot application or certificate is not that of the voter,
the committee chair shall deliver the jacket envelope, carrier
envelope, and application of the voter to the early voting ballot
board. The committee chair shall deliver the jacket envelopes,
carrier envelopes, and applications of voters whose signatures are
those of the voter [sorted materials] to the early voting ballot
board at the time specified by the board's presiding judge.
SECTION 3.16. Sections 87.041(b) and (d), Election Code,
are amended to read as follows:
(b) Except as provided by Section 87.0411(h), a [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;
(4) [(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
(5) [(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.
(d) Except as provided by Section 87.0411(h), a [A] ballot
shall be rejected if any requirement prescribed by Subsection (b)
is not satisfied. In that case, the board shall indicate the
rejection by entering "rejected" on the carrier envelope and on the
corresponding jacket envelope.
SECTION 3.17. 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; or
(3) that does not contain a statement of residence
form if required under Section 86.002(a).
(b) Before deciding whether to accept or reject a ballot
under Section 87.041, the early voting ballot board shall notify a
voter within one business day of the discovery of a defect under
Subsection (a) to advise the voter of the defect and provide the
voter an opportunity to correct the defect by providing:
(1) if the defect involves the voter's signature:
(A) the following identification:
(i) the identification number from an
unexpired driver's license, election identification certificate,
or personal identification card issued to the voter by the
Department of Public Safety;
(ii) the last four digits of the voter's
social security number; or
(iii) if the voter does not possess any
identification described by Subparagraph (i) or (ii), a form of
identification described by Section 63.0101; and
(B) a signed cure attestation in a form
prescribed by the secretary of state stating that the ballot at
issue is that of the voter; or
(2) if the defect involves a required statement of
residence form, a signed and completed statement of residence form.
(c) Subsection (b) does not apply if the early voting ballot
board determines that it would be impossible to correct the defect
before the ninth day after the date of the election.
(d) A voter may submit materials listed under Subsection (b)
to the early voting clerk by:
(1) personal delivery;
(2) mail;
(3) e-mail; or
(4) telephonic facsimile machine, if a machine is
available in the clerk's office.
(e) The notice under Subsection (b) must:
(1) inform the voter that the voter's vote will not be
counted unless the voter submits the materials listed under
Subsection (b) not later than the ninth day after the date of the
election;
(2) instruct the voter on the methods of returning the
materials listed under Subsection (b);
(3) include a copy of the cure attestation or
statement of residence in the form prescribed by the secretary of
state; and
(4) direct the voter to the location of the cure
attestation or statement of residence form on the secretary of
state's Internet website.
(f) The early voting ballot board shall provide notice to
the voter under Subsection (b) by mail and any other method
reasonably calculated to provide sufficient time for the voter to
submit the required materials before the deadline prescribed by
this section.
(g) The early voting ballot board is not required to provide
notice under Subsection (b) if the board makes a determination
under Section 87.027(j) that the signature on the carrier envelope
certificate and ballot application are those of the voter.
(h) If the early voting ballot board does not provide notice
to the voter under Subsection (b) and the ballot meets the
requirements of Sections 87.041(b)(1), (3), (4), and (5), the board
shall accept the ballot in the manner provided by Section 87.042.
(i) The secretary of state shall:
(1) prominently display and maintain on the main page
of the secretary's Internet website a link to blank versions of the
statement of residence form and the cure attestation described by
Subsection (b); and
(2) adopt rules and prescribe forms as necessary to
implement this section.
(j) A statement of residence form or a cure attestation
prescribed under this section must include clear instructions for
completion and notice of the penalties associated with election
fraud and voting more than once in an election. The cure attestation
and statement of residence may not require the voter to have the
form notarized or signed by a witness.
(k) The signature provided by the voter on a cure
attestation or a statement of residence form shall be placed on file
with the county clerk or voter registrar to allow its use for future
signature comparison as provided by Sections 87.027(i) and
87.041(e).
SECTION 3.18. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and originates on or after the day before the last
day for submitting an application for a ballot to be voted by mail.
ARTICLE 4. POLLING PLACES
SECTION 4.01. 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 4.02. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.008 to read as follows:
Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
(b) The commissioners court of a county shall designate as a
polling place a number of locations on the main campus of an
institution of higher education located in the county as follows:
(1) if at least 5,000 but fewer than 10,000 students
are enrolled at the institution, one location; or
(2) if at least 10,000 students are enrolled at the
institution, two locations and one additional location for every
10,000 students enrolled at the institution over 10,000 students.
SECTION 4.03. Section 85.005(c), Election Code, is amended
to read as follows:
(c) In a county with a population of 30,000 [100,000] or
more, the voting in a primary election or the general election for
state and county officers shall be conducted at the main early
voting polling place for at least 12 hours on each weekday of the
last week of the early voting period, and the voting in a special
election ordered by the governor shall be conducted at the main
early voting polling place for at least 12 hours on each of the last
two days of the early voting period. Voting shall be conducted in
accordance with this subsection in those elections in a county with
a population under 30,000 [100,000] on receipt by the early voting
clerk of a written request for the extended hours submitted by at
least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.067.
SECTION 4.04. Section 85.006(e), Election Code, is amended
to read as follows:
(e) In a primary election or the general election for state
and county officers in a county with a population of 30,000
[100,000] or more, the early voting clerk shall order personal
appearance voting at the main early voting polling place to be
conducted for at least 12 hours on the last Saturday and for at
least five hours on the last Sunday of the early voting period. The
early voting clerk shall order voting to be conducted at those times
in those elections in a county with a population under 30,000
[100,000] on receipt of a written request for those hours submitted
by at least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.007. This
subsection supersedes any provision of this subchapter to the
extent of any conflict.
ARTICLE 5. VOTING BY PERSONAL APPEARANCE
SECTION 5.01. Section 13.002(i), Election Code, as
effective September 1, 2021, is amended to read as follows:
(i) An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
submit:
(1) written documentation:
(A) from the United States Social Security
Administration evidencing the applicant has been determined to have
a disability; or
(B) from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
least 50 percent; and
(2) a statement in a form prescribed by the secretary
of state that the applicant does not have [a form of] identification
required by Section 63.001(b) in a form described by [acceptable
under] Section 63.0101.
SECTION 5.02. Sections 63.001(b) and (i), Election Code,
are amended to read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in Section
63.0101(a); [or]
(2) one form of identification listed in Section
63.0101(b)(1), (2), or (3) [63.0101(b)] accompanied by the
declaration described by Subsection (i);
(3) two forms of identification listed under Section
63.0101(b), including one form that contains the voter's current
address; or
(4) two forms of identification listed under Section
63.0101(b)(4) accompanied by the declaration described by
Subsection (i).
(i) If the requirement for identification prescribed by
Subsection (b)(1) or (3) is not met, an election officer shall
notify the voter that the voter may be accepted for voting if the
voter meets the requirement for identification prescribed by
Subsection (b)(2) or (4) and executes a declaration declaring the
voter has a reasonable impediment to meeting the requirement for
identification prescribed by Subsection (b)(1) or (3). A person is
subject to prosecution for perjury under Chapter 37, Penal Code, or
Section 63.0013 for a false statement or false information on the
declaration. The secretary of state shall prescribe the form of the
declaration. The form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1) or (3);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) or (3) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; and
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) or (4) the voter
presented.
SECTION 5.03. Sections 63.0101(a) and (b), Election Code,
are amended to read as follows:
(a) The following documentation is an acceptable form of
photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(2) a United States military identification card that
contains the voter's [person's] photograph that has not expired or
that expired no earlier than four years before the date of
presentation;
(3) a United States citizenship certificate issued to
the voter [person] that contains the voter's [person's] photograph;
(4) a United States passport book or card issued to the
voter [person] that has not expired or that expired no earlier than
four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(6) an official Native American tribal document that:
(A) contains the voter's photograph and address;
and
(B) is issued by a tribe that is federally
recognized and located in this state; or
(7) any other official government document issued to
the voter and containing the voter's name, address, and photograph.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) a government document that shows the name and
address of the voter, including the voter's voter registration
certificate;
(2) one of the following documents that shows the name
and address of the voter:
(A) a copy of a current utility bill;
(B) a bank or credit union statement;
(C) a government check; or
(D) a paycheck or pension plan statement; [or]
(3) a certified copy of a domestic birth certificate
or other document confirming birth that is admissible in a court of
law and establishes the voter's [person's] identity; or
(4) two of the following documents issued or delivered
to the voter, one of which must contain the name and address of the
voter:
(A) a Medicare, Medicaid, or Department of
Veterans Affairs identification card or other health insurance
identification card;
(B) a Department of Defense identification card;
(C) a social security identification card;
(D) a credit or debit card;
(E) a student identification card issued by a
public or private high school or institution of higher education;
(F) a Texas Department of Criminal Justice
document indicating release or parole;
(G) a fishing or hunting license;
(H) a lease or mortgage for real property;
(I) a motor vehicle title;
(J) an insurance certificate, policy
declaration, or other document demonstrating proof of insurance;
(K) an official Native American tribal document
that is issued by a tribe that is federally recognized and located
in this state;
(L) a property tax assessment;
(M) a letter of confirmation of residence, letter
of stay, admission form, or statement of benefits from:
(i) a student residence at a public or
private institution of higher education;
(ii) a nursing home or other long-term care
facility or a retirement center; or
(iii) a shelter.
(N) a document listed in Subdivision (1), (2), or
(3); or
(O) another government document containing the
voter's name.
SECTION 5.04. Section 63.011(b), Election Code, is amended
to read as follows:
(b) A form for an affidavit required by this section must be
printed on an envelope in which the provisional ballot voted by the
person may be placed and must include:
(1) a space for entering the identification number of
the provisional ballot voted by the person; and
(2) a space for an election officer to indicate
whether the person presented [a form of] identification required by
Section 63.001(b) in a form described by Section 63.0101.
SECTION 5.05. Section 64.012, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) It is an exception to the application of Subsection
(a)(1) that the person:
(1) voted or attempted to vote a provisional ballot in
accordance with Section 63.011; and
(2) did not know:
(A) of the particular circumstances that made the
person not eligible to vote in the election; or
(B) that those circumstances made the person not
eligible to vote in the election.
SECTION 5.06. Section 65.0541(a), Election Code, is amended
to read as follows:
(a) A voter who is accepted for provisional voting under
Section 63.011 because the voter does not meet the identification
requirements of Section 63.001(b) may, not later than the sixth day
after the date of the election:
(1) present [a form of] identification required by
Section 63.001(b) in a form described by Section 63.0101 to the
voter registrar for examination; or
(2) execute an affidavit described by Section
65.054(b)(2)(B) or (C) in the presence of the voter registrar.
SECTION 5.07. Section 85.001(a), Election Code, is amended
to read as follows:
(a) The period for early voting by personal appearance
begins on the 21st [17th] day before election day and continues
through the fourth day before election day, except as otherwise
provided by this section.
SECTION 5.08. Section 86.006(a-1), Election Code, is
amended to read as follows:
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office only while the polls are open on
election day. A voter who delivers a marked ballot in person must
present identification required by Section 63.001(b) in a [an
acceptable] form [of identification] described by Section 63.0101.
SECTION 5.09. Section 662.003(b), Government Code, is
amended to read as follows:
(b) A state holiday includes only the following days:
(1) the 19th day of January, "Confederate Heroes Day,"
in honor of Jefferson Davis, Robert E. Lee, and other Confederate
heroes;
(2) the second day of March, "Texas Independence Day";
(3) the 21st day of April, "San Jacinto Day";
(4) the 19th day of June, "Emancipation Day in Texas,"
in honor of the emancipation of the slaves in Texas in 1865;
(5) the 27th day of August, "Lyndon Baines Johnson
Day," in observance of the birthday of Lyndon Baines Johnson;
(6) the Friday after Thanksgiving Day;
(7) the 24th day of December; [and]
(8) the 26th day of December; and
(9) the first Tuesday after the first Monday in
November of an even-numbered year.
SECTION 5.10. Section 662.021, Government Code, is amended
to read as follows:
Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
only the following days:
(1) a national holiday under Section 662.003(a); and
(2) a state holiday under Sections 662.003(b)(1)
through (6) and Section 662.003(b)(9).
ARTICLE 6. VOLUNTEER DEPUTY REGISTRARS
SECTION 6.01. Section 13.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A volunteer deputy registrar appointed under this
section may serve as a volunteer deputy registrar throughout the
state regardless of which county appointed the deputy registrar.
The secretary of state shall prescribe procedures to implement this
subsection.
SECTION 6.02. Section 13.033(b), Election Code, is amended
to read as follows:
(b) If a person is to be appointed, the registrar shall
prepare a certificate of appointment in duplicate containing:
(1) the date of appointment;
(2) the statement: "I, ____________, Voter Registrar
for ____________ County, do hereby appoint ____________ as a
volunteer deputy registrar [for ____________ County].";
(3) the person's residence address;
(4) the person's voter registration number, if any;
(5) a statement that the term of the appointment
expires December 31 of an even-numbered year; and
(6) a statement that the appointment terminates on the
person's final conviction for an offense for failure to deliver a
registration application and may terminate on the registrar's
determination that the person failed to adequately review a
registration application, intentionally destroyed or physically
altered a registration application, or engaged in any other
activity that conflicts with the responsibilities of a volunteer
deputy registrar under this chapter.
SECTION 6.03. Section 13.037(a), Election Code, is amended
to read as follows:
(a) A person may not receive compensation from any [the]
county for service as a volunteer deputy registrar unless
compensation is authorized by the commissioners court of that
county.
SECTION 6.04. Section 13.038, Election Code, is amended to
read as follows:
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
registrar may distribute voter registration application forms
throughout the county and receive registration applications
submitted to the deputy in person.
(b) A volunteer deputy registrar may distribute a voter
registration application in the form prescribed by the secretary of
state under Section 31.002 throughout the state and receive an
application in that form submitted to the deputy in person,
regardless of the county in which the application was printed.
(c) The secretary of state shall prescribe procedures to
implement this section.
ARTICLE 7. UNOPPOSED CANDIDATES
SECTION 7.01. 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 7.02. 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 7.03. 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.
ARTICLE 8. ELECTION OFFICIALS, VOLUNTEERS, AND POLL WATCHERS
SECTION 8.01. Subchapter D, Chapter 32, Election Code, is
amended by adding Section 32.077 to read as follows:
Sec. 32.077. SUITS AGAINST ELECTION OFFICERS. A person may
only bring a legal action, including a petition for a writ of
mandamus, against an election officer in that officer's official
capacity if the act that is the subject of the legal action is
related to the exercise of an official duty of the election officer.
SECTION 8.02. Subchapter B, Chapter 33, Election Code, is
amended by adding Section 33.036 to read as follows:
Sec. 33.036. TRAINING. (a) To be eligible to serve as a
watcher, a person must complete the training required of election
judges under Subchapter F, Chapter 32.
(b) The secretary of state shall adopt rules to implement
this section.
SECTION 8.03. Section 33.051, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) 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."
ARTICLE 9. REPEALERS
SECTION 9.01. The following provisions of the Election Code
are repealed:
(1) Section 43.007(i);
(2) Section 82.001;
(3) Section 82.002;
(4) Section 82.003;
(5) Section 82.004;
(6) Section 82.008, as effective September 1, 2021;
(7) Section 84.002(b);
(8) Section 84.002(c), as effective September 1, 2021;
and
(9) Section 112.002(b).
ARTICLE 10. TRANSITION AND EFFECTIVE DATE
SECTION 10.01. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For purposes
of this section, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) The changes in law made by this Act apply only to an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
(c) The changes in law made by this Act apply only to an
application to vote an early voting ballot by mail submitted on or
after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
(d) The changes in law made by this Act apply only to an
application for voter registration submitted on or after the
effective date of this Act.
SECTION 10.02. This Act takes effect on the 91st day after
the last day of the legislative session.