Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB71 Compare Versions

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

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1	1	87S20113 BRG-F
2	2	By: West, et al. S.B. No. 71
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conduct of elections in this state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. GENERAL PROVISIONS
10	10	SECTION 1.01. SHORT TITLE. This Act may be cited as the
11	11	Barbara Jordan Fair Elections Act.
12	12	SECTION 1.02. PURPOSE. The purpose of this Act is to
13	13	exercise the legislature's constitutional authority under Section
14	14	2, Article VI, Texas Constitution, to ensure that "The privilege of
15	15	free suffrage shall be protected by laws regulating elections and
16	16	prohibiting under adequate penalties all undue influence in
17	17	elections from power, bribery, tumult, or other improper practice."
18	18	SECTION 1.03. FINDINGS. The legislature finds that:
19	19	(1) full, free, and fair elections are the
20	20	underpinnings of a stable constitutional democracy;
21	21	(2) the privilege of free suffrage shall be protected
22	22	by laws regulating elections;
23	23	(3) maximizing the potential for safe, secure, and
24	24	accessible elections and enhancing the opportunities to vote
25	25	strengthen our constitutional democracy and provide for wide-scale
26	26	confidence in elections;
27	27	(4) additionally, preventing a valid vote from being
28	28	cast or counted violates the basic constitutional rights guaranteed
29	29	to each citizen by the United States Constitution and the law of the
30	30	land; and
31	31	(5) providing for voter access and increasing the
32	32	stability of a constitutional democracy ensures public confidence
33	33	in the legitimacy of public officers chosen by election.
34	34	SECTION 1.04. Chapter 1, Election Code, is amended by
35	35	adding Section 1.0015 to read as follows:
36	36	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
37	37	legislature that the application of this code and the conduct of
38	38	elections shall be uniform and consistent throughout this state to
39	39	promote voter access and ensure that all lawfully cast votes are
40	40	counted.
41	41	SECTION 1.05. Section 1.003, Election Code, is amended by
42	42	adding Subsection (a-1) to read as follows:
43	43	(a-1) A public official shall construe the provisions of
44	44	this code broadly to effect the intent of the legislature under
45	45	Section 1.0015.
46	46	ARTICLE 2. VOTER REGISTRATION
47	47	SECTION 2.01. Subchapter A, Chapter 13, Election Code, is
48	48	amended by adding Sections 13.009 and 13.010 to read as follows:
49	49	Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
50	50	secretary of state shall implement a program to allow a person to
51	51	complete a voter registration application over the Internet from
52	52	the official Internet website of this state. The Internet websites
53	53	of the secretary of state and the Department of Public Safety must
54	54	also provide a link to the location of the application on the
55	55	official Internet website of this state.
56	56	(b) An applicant for electronic voter registration who has a
57	57	driver's license or personal identification card issued in this
58	58	state, regardless of whether the license or card is unexpired,
59	59	must:
60	60	(1) attest to the truth of the information provided on
61	61	the application by affirmatively accepting the information as true;
62	62	and
63	63	(2) affirmatively consent to the use of the signature
64	64	on the applicant's driver's license or personal identification card
65	65	for voter registration purposes.
66	66	(c) An applicant for electronic voter registration who does
67	67	not have a driver's license or personal identification card issued
68	68	in this state must:
69	69	(1) attest to the truth of the information provided on
70	70	the application by affirmatively accepting the information as true;
71	71	and
72	72	(2) print a registration application from the Internet
73	73	website the applicant is using to register, sign the application,
74	74	and mail the application to the registrar.
75	75	(d) For each application submitted under Subsection (b),
76	76	the program must require that a digital copy of the applicant's
77	77	signature be obtained from the Department of Public Safety.
78	78	(e) For each application submitted under Subsection (c),
79	79	the program must provide the applicant with:
80	80	(1) a registration application that the applicant can
81	81	print from the registration Internet website, sign, and mail to the
82	82	registrar as required under Subsection (c)(2); and
83	83	(2) information about how the applicant can obtain a
84	84	driver's license or personal identification card from the
85	85	Department of Public Safety.
86	86	(f) An application submitted under this section is
87	87	considered for all purposes an application submitted by mail under
88	88	this title.
89	89	(g) The secretary of state shall adopt rules as necessary to
90	90	implement this section, including rules to provide for additional
91	91	security measures necessary to ensure the accuracy and integrity of
92	92	applications submitted electronically.
93	93	(h) The rules adopted under Subsection (g) must require
94	94	that:
95	95	(1) the Internet website through which a person may
96	96	complete a voter registration application include a description of
97	97	the offense described by Section 13.007 in a conspicuous location
98	98	on the Internet website near the place where the person begins or
99	99	submits the application; and
100	100	(2) the state electronic Internet portal project be
101	101	used to authenticate the identity of a person who submits an
102	102	application electronically under this section.
103	103	Sec. 13.010. VOTER REGISTRATION THROUGH DEPARTMENT OF
104	104	PUBLIC SAFETY. (a) The voter registrar of each county shall
105	105	automatically register any county resident who is eligible to vote
106	106	as provided by Section 13.001 and:
107	107	(1) is issued a Texas driver's license or personal
108	108	identification card by the Department of Public Safety; or
109	109	(2) makes a change to a Texas driver's license or
110	110	personal identification card issued by the Department of Public
111	111	Safety.
112	112	(b) A driver's license or personal identification card
113	113	transaction with an indication provided by Section 20.062(b) or
114	114	20.063(c) that the transaction is not for voter registration
115	115	purposes is not subject to this section.
116	116	SECTION 2.02. Section 20.061, Election Code, is amended to
117	117	read as follows:
118	118	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
119	119	provisions of this chapter apply to the Department of Public Safety
120	120	except provisions that conflict with this subchapter or Section
121	121	13.010.
122	122	SECTION 2.03. Section 20.062(b), Election Code, is amended
123	123	to read as follows:
124	124	(b) The department shall prescribe and use a change of
125	125	address form and procedure that combines department and voter
126	126	registration functions. The form must allow a licensee or
127	127	cardholder to indicate that [whether] the change of address is not
128	128	[also to be used] for voter registration purposes.
129	129	SECTION 2.04. Section 20.063, Election Code, is amended to
130	130	read as follows:
131	131	Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
132	132	of Public Safety shall consider an application made in person, by
133	133	mail, or online at the department's Internet website [provide to
134	134	each person who applies in person at the department's offices] for
135	135	an original or renewal of a driver's license, a personal
136	136	identification card, or a duplicate or corrected license or card by
137	137	a person who is eligible to vote as provided by Section 13.001 an
138	138	application for [opportunity to complete a] voter registration.
139	139	The date of application is considered to be the date of submission
140	140	to the voter registrar for the purpose of determining the effective
141	141	date of registration [application form].
142	142	(b) The Department of Public Safety shall consider a change
143	143	of address that relates to [When the department processes] a
144	144	license or card and that is submitted to [for renewal by mail,] the
145	145	department [shall deliver to the applicant by mail a voter
146	146	registration application form.
147	147	[(c) A change of address that relates to a license or card
148	148	and that is submitted to the department] in person, [or] by mail, or
149	149	online at the department's Internet website [serves] as a change in
150	150	[of address for] voter registration [unless the licensee or
151	151	cardholder indicates that the change is not for voter registration
152	152	purposes]. The date of submission of a change of address to a
153	153	department employee is considered to be the date of submission to
154	154	the voter registrar for the purpose of determining the effective
155	155	date of registration [only].
156	156	(c) The registration of an eligible [(d) If a completed]
157	157	voter as required by Subsections (a) and (b) is automatic unless the
158	158	person indicates that the transaction is not for voter
159	159	registration purposes [application submitted to a department
160	160	employee does not include the applicant's correct driver's license
161	161	number or personal identification card number, a department
162	162	employee shall enter the appropriate information on the
163	163	application. If a completed application does not include the
164	164	applicant's correct residence address or mailing address, a
165	165	department employee shall obtain the appropriate information from
166	166	the applicant and enter the information on the application].
167	167	SECTION 2.05. Section 20.065(b), Election Code, is amended
168	168	to read as follows:
169	169	(b) Each weekday the department is regularly open for
170	170	business, the department shall electronically transfer to the
171	171	secretary of state the name and information designated by the
172	172	secretary of state for [of each person who completes a] voter
173	173	registration for each individual who is eligible to vote as
174	174	provided by Section 13.001 and applies in person, by mail, or online
175	175	at the department's Internet website for an original or renewal of a
176	176	driver's license, a personal identification card, or a duplicate or
177	177	corrected license or card [application submitted to the
178	178	department]. The secretary shall prescribe procedures necessary to
179	179	implement this subsection.
180	180	SECTION 2.06. Chapter 63, Election Code, is amended by
181	181	adding Section 63.010 to read as follows:
182	182	Sec. 63.010. REGISTRATION AT POLLING PLACE. (a) A person
183	183	who would be eligible to vote in an election under Section 11.001,
184	184	but for the requirement to be a registered voter, shall be accepted
185	185	during voting by personal appearance for voting the ballot for the
186	186	precinct of the person's residence as shown by the identification
187	187	presented if, on the day the person offers to vote, the person:
188	188	(1) submits a voter registration application that
189	189	complies with Section 13.002 to an election officer at the polling
190	190	place; and
191	191	(2) presents as proof of residence a form of photo
192	192	identification described by Section 63.0101(a) that states the
193	193	person's current address.
194	194	(b) The election officer shall return the original proof of
195	195	residence to the voter.
196	196	(c) A person voting under this section shall vote a
197	197	provisional ballot in the manner provided by Section 63.011 except
198	198	that the person is not required to submit the affidavit under
199	199	Section 63.011(a).
200	200	(d) For each registration corresponding to a ballot cast
201	201	under this section, the voter registrar shall review the
202	202	application and determine whether the applicant is eligible for
203	203	registration as provided by Subchapter C, Chapter 13. A
204	204	registration approved under this subsection takes effect on the
205	205	date the vote was cast.
206	206	(e) An election officer serving at a polling place, whether
207	207	on election day or during the early voting period, is a deputy voter
208	208	registrar and has the same authority as a regular deputy registrar.
209	209	SECTION 2.07. Section 85.031(a), Election Code, is amended
210	210	to read as follows:
211	211	(a) For each person entitled to vote an early voting ballot
212	212	by personal appearance or entitled to register at a polling place,
213	213	the early voting clerk shall follow the procedure for accepting or
214	214	registering a regular voter on election day, with the modifications
215	215	necessary for the conduct of early voting.
216	216	ARTICLE 3. VOTE BY MAIL
217	217	SECTION 3.01. Section 13.002(e), Election Code, is amended
218	218	to read as follows:
219	219	(e) Notwithstanding Section 82.005, a [A] person who is
220	220	certified for participation in the address confidentiality program
221	221	administered by the attorney general under Subchapter B, Chapter
222	222	58, Code of Criminal Procedure, is not eligible for early voting by
223	223	mail [under Section 82.007] unless the person submits an
224	224	application under this section by personal delivery. The secretary
225	225	of state may adopt rules to implement this subsection.
226	226	SECTION 3.02. Section 82.005, Election Code, is amended to
227	227	read as follows:
228	228	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
229	229	APPEARANCE]. Any qualified voter is eligible for early voting by
230	230	mail or personal appearance.
231	231	SECTION 3.03. Section 82.007, Election Code, is amended to
232	232	read as follows:
233	233	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
234	234	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter who,
235	235	[is eligible for early voting by mail if:
236	236	[(1) the voter submitted a registration application by
237	237	personal delivery as required by Section 13.002(e); and
238	238	[(2)] at the time the voter's early voting ballot
239	239	application is submitted, [the voter] is certified for
240	240	participation in the address confidentiality program administered
241	241	by the attorney general under Subchapter B, Chapter 58, Code of
242	242	Criminal Procedure, is eligible for early voting by mail only if the
243	243	voter submitted a registration application by personal delivery as
244	244	required by Section 13.002(e).
245	245	SECTION 3.04. Sections 84.001(a), (b), and (d), Election
246	246	Code, are amended to read as follows:
247	247	(a) To be entitled to vote an early voting ballot by mail, a
248	248	person [who is eligible for early voting] must make an application
249	249	for an early voting ballot to be voted by mail as provided by this
250	250	title.
251	251	(b) An application must be in writing and signed by the
252	252	applicant. Except as provided by Section 84.0091, an [An]
253	253	electronic signature is not permitted.
254	254	(d) An application must be submitted [by mail] to the early
255	255	voting clerk for the election who serves the election precinct of
256	256	the applicant's residence.
257	257	SECTION 3.05. Section 84.002(a), Election Code, as
258	258	effective September 1, 2021, is amended to read as follows:
259	259	(a) An early voting ballot application must include:
260	260	(1) the applicant's name and the address at which the
261	261	applicant is registered to vote;
262	262	(2) for an application for a ballot to be voted by mail
263	263	by an applicant who will be absent from the applicant's [on the
264	264	ground of absence from the] county of residence on election day, the
265	265	address outside the applicant's county of residence to which the
266	266	ballot is to be mailed;
267	267	(3) for an application for a ballot to be voted by mail
268	268	by an applicant who is 65 years of age or older on election day or
269	269	has a sickness or physical condition that requires the applicant to
270	270	reside in a hospital or nursing home or other long-term care
271	271	facility, or with a relative [on the ground of age or disability],
272	272	the address of the hospital, nursing home or other long-term care
273	273	facility, or retirement center, or of a person related to the
274	274	applicant within the second degree by affinity or the third degree
275	275	by consanguinity, as determined under Chapter 573, Government Code,
276	276	if the applicant is living at that address and that address is
277	277	different from the address at which the applicant is registered to
278	278	vote;
279	279	(4) for an application for a ballot to be voted by mail
280	280	by an applicant who is confined [on the ground of confinement] in
281	281	jail as described by Section 84.009(a), the address of the jail or
282	282	of a person related to the applicant within the degree described by
283	283	Subdivision (3);
284	284	(5) [for an application for a ballot to be voted by
285	285	mail on any ground,] an indication of each election for which the
286	286	applicant is applying for a ballot; and
287	287	(6) [an indication of the ground of eligibility for
288	288	early voting; and
289	289	[(7)] for an application for a ballot to be voted by
290	290	mail by an applicant who is civilly committed as a sexually violent
291	291	predator under Chapter 841, Health and Safety Code, and is ordered
292	292	as a condition of civil commitment to reside in a facility operated
293	293	by or under contract with the Texas Civil Commitment Office [on the
294	294	ground of involuntary civil commitment], the address of the
295	295	facility operated by or under contract with the Texas Civil
296	296	Commitment Office or of a person related to the applicant within the
297	297	degree of consanguinity described by Subdivision (3).
298	298	SECTION 3.06. Section 84.007(a), Election Code, is amended
299	299	to read as follows:
300	300	(a) Except as provided by Sections 84.008, [and] 84.009, and
301	301	84.0091, an application for a ballot to be voted by mail must be
302	302	submitted as provided by this section.
303	303	SECTION 3.07. Section 84.009, Election Code, is amended by
304	304	amending Subsection (a) and adding Subsection (b) to read as
305	305	follows:
306	306	(a) This section applies only to an applicant who, at the
307	307	time the application for a ballot to be voted by mail is submitted,
308	308	is confined in jail:
309	309	(1) serving a misdemeanor sentence for a term that
310	310	ends on or after election day;
311	311	(2) pending trial after denial of bail;
312	312	(3) without bail pending an appeal of a felony
313	313	conviction; or
314	314	(4) pending trial or appeal on a bailable offense for
315	315	which release on bail before election day is unlikely.
316	316	(b) On request of the applicant, an application for a ballot
317	317	to be voted by mail [on the ground of confinement in jail] may be
318	318	submitted to the early voting clerk, at the discretion of the
319	319	authority in charge of the jail, by personal delivery by the jail
320	320	authority or by a designated subordinate of the authority.
321	321	SECTION 3.08. Subchapter A, Chapter 84, Election Code, is
322	322	amended by adding Section 84.0091 to read as follows:
323	323	Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
324	324	MAIL: ELECTRONIC SUBMISSION. The secretary of state shall
325	325	implement a program to allow a person to complete an application for
326	326	an early voting ballot by mail over the Internet from the official
327	327	Internet website of this state. The program must:
328	328	(1) permit an applicant to electronically sign the
329	329	application;
330	330	(2) deliver a completed application to the early
331	331	voting clerk for the election who serves the election precinct of
332	332	the applicant's residence; and
333	333	(3) permit an applicant to check the status of the
334	334	applicant's application.
335	335	SECTION 3.09. Section 84.011(a), Election Code, as
336	336	effective September 1, 2021, is amended to read as follows:
337	337	(a) The officially prescribed application form for an early
338	338	voting ballot must include:
339	339	(1) immediately preceding the signature space the
340	340	statement: "I certify that the information given in this
341	341	application is true, and I understand that giving false information
342	342	in this application is a crime.";
343	343	(2) a statement informing the applicant of the
344	344	offenses prescribed by Sections 84.003 and 84.004;
345	345	(3) spaces for entering an applicant's voter
346	346	registration number and county election precinct of registration,
347	347	with a statement informing the applicant that failure to furnish
348	348	that information does not invalidate the application; and
349	349	(4) on an application for a ballot to be voted by mail:
350	350	(A) a space for an applicant [applying on the
351	351	ground of absence from the county of residence] to indicate whether
352	352	the applicant will be absent from the applicant's county of
353	353	residence on election day and, if applicable, the date on or after
354	354	which the applicant can receive mail at the address outside the
355	355	county;
356	356	(B) a space for indicating the fact that an
357	357	applicant whose application is signed by a witness cannot make the
358	358	applicant's mark and a space for indicating the relationship or
359	359	lack of relationship of the witness to the applicant;
360	360	(C) a space for entering an applicant's telephone
361	361	number, with a statement informing the applicant that failure to
362	362	furnish that information does not invalidate the application;
363	363	(D) a space or box for an applicant who is 65
364	364	years of age or older on election day or has a sickness or physical
365	365	condition that requires the applicant to reside in a hospital or
366	366	nursing home or other long-term care facility, or with a relative,
367	367	[applying on the ground of age or disability] to indicate that the
368	368	address to which the ballot is to be mailed is the address of a
369	369	facility or relative described by Section 84.002(a)(3), if
370	370	applicable;
371	371	(E) a space or box for an applicant who is
372	372	confined [applying on the ground of confinement] in jail as
373	373	described by Section 84.009(a) or who is civilly committed as a
374	374	sexually violent predator under Chapter 841, Health and Safety
375	375	Code, and ordered as a condition of civil commitment to reside in a
376	376	facility operated by or under contract with the Texas Civil
377	377	Commitment Office, [involuntary civil commitment] to indicate that
378	378	the address to which the ballot is to be mailed is the address of a
379	379	relative described by Section 84.002(a)(4) or (6) [(7)], if
380	380	applicable;
381	381	(F) a space for an applicant [applying on the
382	382	ground of age or disability] to indicate if the application is an
383	383	application under Section 86.0015;
384	384	(G) spaces for entering the signature, printed
385	385	name, and residence address of any person assisting the applicant;
386	386	(H) a statement informing the applicant of the
387	387	condition prescribed by Section 81.005; and
388	388	(I) a statement informing the applicant of the
389	389	requirement prescribed by Section 86.003(c).
390	390	SECTION 3.10. Sections 84.032(c) and (d), Election Code,
391	391	are amended to read as follows:
392	392	(c) An applicant may submit a request after the close of
393	393	early voting by personal appearance by appearing in person and:
394	394	(1) returning the ballot to be voted by mail to the
395	395	early voting clerk; or
396	396	(2) executing an affidavit that the applicant:
397	397	(A) has not received the ballot to be voted by
398	398	mail; [or]
399	399	(B) never requested a ballot to be voted by mail;
400	400	or
401	401	(C) received a notice of defect under Section
402	402	87.0411(b).
403	403	(d) An applicant may also submit a request by appearing in
404	404	person and returning the ballot to be voted by mail or presenting a
405	405	notice received under Section 86.006(h) or 87.0411(b) to:
406	406	(1) the early voting clerk or deputy early voting
407	407	clerk at any polling place that is open for early voting by personal
408	408	appearance; or
409	409	(2) the presiding election judge on election day at
410	410	the applicant's precinct polling place.
411	411	SECTION 3.11. Sections 86.001(b) and (c), Election Code,
412	412	are amended to read as follows:
413	413	(b) If the application complies with the applicable
414	414	requirements prescribed by this title [applicant is entitled to
415	415	vote an early voting ballot by mail], the clerk shall provide an
416	416	official ballot to the applicant as provided by this chapter.
417	417	(c) Except as provided by Section 86.008, if the applicant
418	418	is not entitled to vote in the election [by mail], the clerk shall
419	419	reject the application, enter on the application "rejected" and the
420	420	reason for and date of rejection, and deliver written notice of the
421	421	reason for the rejection to the applicant at both the residence
422	422	address and mailing address on the application. A ballot may not be
423	423	provided to an applicant whose application is rejected.
424	424	SECTION 3.12. Section 86.0015(a), Election Code, is amended
425	425	to read as follows:
426	426	(a) This section applies only to an application for a ballot
427	427	to be voted by mail that[:
428	428	[(1) indicates the ground of eligibility is age or
429	429	disability; and
430	430	[(2)] does not specify the election for which a ballot
431	431	is requested or has been marked by the applicant as an application
432	432	for more than one election.
433	433	SECTION 3.13. Section 86.003(c), Election Code, as
434	434	effective September 1, 2021, is amended to read as follows:
435	435	(c) The address to which the balloting materials must be
436	436	addressed is the address at which the voter is registered to vote,
437	437	or the registered mailing address if different, unless the
438	438	application to vote early by mail indicates that the voter [ground
439	439	for voting by mail is]:
440	440	(1) will be absent from the voter's [absence from the]
441	441	county of residence on election day, in which case the address must
442	442	be an address outside the voter's county of residence;
443	443	(2) is confined [confinement] in jail as described by
444	444	Section 84.009(a), in which case the address must be the address of
445	445	the jail or of a relative described by Section 84.002(a)(4);
446	446	(3) is 65 years of age or older on election day or has a
447	447	sickness or physical condition that requires the applicant to
448	448	reside in a hospital or nursing home or other long-term care
449	449	facility, or with a relative, [age or disability] and [the voter] is
450	450	living at a hospital, nursing home or other long-term care
451	451	facility, or retirement center, or with a relative described by
452	452	Section 84.002(a)(3), in which case the address must be the address
453	453	of that facility or relative; or
454	454	(4) is civilly committed as a sexually violent
455	455	predator under Chapter 841, Health and Safety Code, and ordered as a
456	456	condition of civil commitment to reside in a facility operated by or
457	457	under contract with the Texas Civil Commitment Office [involuntary
458	458	civil commitment], in which case the address must be the address of
459	459	the facility or of a relative described by Section 84.002(a)(6)
460	460	[84.002(a)(7)].
461	461	SECTION 3.14. Section 86.004(b), Election Code, is amended
462	462	to read as follows:
463	463	(b) For an election to which Section 101.104 applies, the
464	464	balloting materials for a voter who indicates on the application
465	465	for a ballot to be voted by mail or the federal postcard application
466	466	that the voter seeks [is eligible] to vote early by mail as a
467	467	consequence of the voter's being outside the United States shall be
468	468	mailed on or before the later of the 45th day before election day or
469	469	the seventh calendar day after the date the clerk receives the
470	470	application. However, if it is not possible to mail the ballots by
471	471	the deadline of the 45th day before election day, the clerk shall
472	472	notify the secretary of state within 24 hours of knowing that the
473	473	deadline will not be met. The secretary of state shall monitor the
474	474	situation and advise the clerk, who shall mail the ballots as soon
475	475	as possible in accordance with the secretary of state's guidelines.
476	476	SECTION 3.15. Section 87.027(i), Election Code, is amended
477	477	to read as follows:
478	478	(i) The signature verification committee shall compare the
479	479	signature on each carrier envelope certificate, except those signed
480	480	for a voter by a witness, with the signature on the voter's ballot
481	481	application to determine whether the signatures are those of the
482	482	voter. The committee may also compare the signatures with any two or
483	483	more signatures of the voter made within the preceding six years and
484	484	on file with the county clerk or voter registrar to determine
485	485	whether the signatures are those of the voter. Except as provided by
486	486	Subsection (l), a determination under this subsection that the
487	487	signatures are not those of the voter must be made by a majority
488	488	vote of the committee's membership. The committee shall place the
489	489	jacket envelopes, carrier envelopes, and applications of voters
490	490	whose signatures are not those of the voter in separate containers
491	491	from those of voters whose signatures are those of the voter. As
492	492	soon as practicable, but in no event more than one business day,
493	493	after the committee discovers that a voter did not sign the carrier
494	494	envelope certificate or determines that the signature on the
495	495	voter's ballot application or certificate is not that of the voter,
496	496	the committee chair shall deliver the jacket envelope, carrier
497	497	envelope, and application of the voter to the early voting ballot
498	498	board. The committee chair shall deliver the jacket envelopes,
499	499	carrier envelopes, and applications of voters whose signatures are
500	500	those of the voter [sorted materials] to the early voting ballot
501	501	board at the time specified by the board's presiding judge.
502	502	SECTION 3.16. Sections 87.041(b) and (d), Election Code,
503	503	are amended to read as follows:
504	504	(b) Except as provided by Section 87.0411(h), a [A] ballot
505	505	may be accepted only if:
506	506	(1) the carrier envelope certificate is properly
507	507	executed;
508	508	(2) neither the voter's signature on the ballot
509	509	application nor the signature on the carrier envelope certificate
510	510	is determined to have been executed by a person other than the
511	511	voter, unless signed by a witness;
512	512	(3) [the voter's ballot application states a legal
513	513	ground for early voting by mail;
514	514	[(4)] the voter is registered to vote, if registration
515	515	is required by law;
516	516	(4) [(5) the address to which the ballot was mailed to
517	517	the voter, as indicated by the application, was outside the voter's
518	518	county of residence, if the ground for early voting is absence from
519	519	the county of residence;
520	520	[(6)] for a voter to whom a statement of residence form
521	521	was required to be sent under Section 86.002(a), the statement of
522	522	residence is returned in the carrier envelope and indicates that
523	523	the voter satisfies the residence requirements prescribed by
524	524	Section 63.0011; and
525	525	(5) [(7)] the address to which the ballot was mailed
526	526	to the voter is an address [that is otherwise] required by Sections
527	527	84.002 and 86.003.
528	528	(d) Except as provided by Section 87.0411(h), a [A] ballot
529	529	shall be rejected if any requirement prescribed by Subsection (b)
530	530	is not satisfied. In that case, the board shall indicate the
531	531	rejection by entering "rejected" on the carrier envelope and on the
532	532	corresponding jacket envelope.
533	533	SECTION 3.17. Subchapter C, Chapter 87, Election Code, is
534	534	amended by adding Section 87.0411 to read as follows:
535	535	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
536	536	BALLOT BOARD. (a) This section applies to an early voting ballot
537	537	voted by mail:
538	538	(1) for which the voter did not sign the carrier
539	539	envelope certificate;
540	540	(2) for which it cannot immediately be determined
541	541	whether the signature on the carrier envelope certificate is that
542	542	of the voter; or
543	543	(3) that does not contain a statement of residence
544	544	form if required under Section 86.002(a).
545	545	(b) Before deciding whether to accept or reject a ballot
546	546	under Section 87.041, the early voting ballot board shall notify a
547	547	voter within one business day of the discovery of a defect under
548	548	Subsection (a) to advise the voter of the defect and provide the
549	549	voter an opportunity to correct the defect by providing:
550	550	(1) if the defect involves the voter's signature:
551	551	(A) the following identification:
552	552	(i) the identification number from an
553	553	unexpired driver's license, election identification certificate,
554	554	or personal identification card issued to the voter by the
555	555	Department of Public Safety;
556	556	(ii) the last four digits of the voter's
557	557	social security number; or
558	558	(iii) if the voter does not possess any
559	559	identification described by Subparagraph (i) or (ii), a form of
560	560	identification described by Section 63.0101; and
561	561	(B) a signed cure attestation in a form
562	562	prescribed by the secretary of state stating that the ballot at
563	563	issue is that of the voter; or
564	564	(2) if the defect involves a required statement of
565	565	residence form, a signed and completed statement of residence form.
566	566	(c) Subsection (b) does not apply if the early voting ballot
567	567	board determines that it would be impossible to correct the defect
568	568	before the ninth day after the date of the election.
569	569	(d) A voter may submit materials listed under Subsection (b)
570	570	to the early voting clerk by:
571	571	(1) personal delivery;
572	572	(2) mail;
573	573	(3) e-mail; or
574	574	(4) telephonic facsimile machine, if a machine is
575	575	available in the clerk's office.
576	576	(e) The notice under Subsection (b) must:
577	577	(1) inform the voter that the voter's vote will not be
578	578	counted unless the voter submits the materials listed under
579	579	Subsection (b) not later than the ninth day after the date of the
580	580	election;
581	581	(2) instruct the voter on the methods of returning the
582	582	materials listed under Subsection (b);
583	583	(3) include a copy of the cure attestation or
584	584	statement of residence in the form prescribed by the secretary of
585	585	state; and
586	586	(4) direct the voter to the location of the cure
587	587	attestation or statement of residence form on the secretary of
588	588	state's Internet website.
589	589	(f) The early voting ballot board shall provide notice to
590	590	the voter under Subsection (b) by mail and any other method
591	591	reasonably calculated to provide sufficient time for the voter to
592	592	submit the required materials before the deadline prescribed by
593	593	this section.
594	594	(g) The early voting ballot board is not required to provide
595	595	notice under Subsection (b) if the board makes a determination
596	596	under Section 87.027(j) that the signature on the carrier envelope
597	597	certificate and ballot application are those of the voter.
598	598	(h) If the early voting ballot board does not provide notice
599	599	to the voter under Subsection (b) and the ballot meets the
600	600	requirements of Sections 87.041(b)(1), (3), (4), and (5), the board
601	601	shall accept the ballot in the manner provided by Section 87.042.
602	602	(i) The secretary of state shall:
603	603	(1) prominently display and maintain on the main page
604	604	of the secretary's Internet website a link to blank versions of the
605	605	statement of residence form and the cure attestation described by
606	606	Subsection (b); and
607	607	(2) adopt rules and prescribe forms as necessary to
608	608	implement this section.
609	609	(j) A statement of residence form or a cure attestation
610	610	prescribed under this section must include clear instructions for
611	611	completion and notice of the penalties associated with election
612	612	fraud and voting more than once in an election. The cure attestation
613	613	and statement of residence may not require the voter to have the
614	614	form notarized or signed by a witness.
615	615	(k) The signature provided by the voter on a cure
616	616	attestation or a statement of residence form shall be placed on file
617	617	with the county clerk or voter registrar to allow its use for future
618	618	signature comparison as provided by Sections 87.027(i) and
619	619	87.041(e).
620	620	SECTION 3.18. Section 102.001(a), Election Code, is amended
621	621	to read as follows:
622	622	(a) A qualified voter is eligible to vote a late ballot as
623	623	provided by this chapter if the voter has a sickness or physical
624	624	condition [described by Section 82.002] that prevents the voter
625	625	from appearing at the polling place on election day without a
626	626	likelihood of needing personal assistance or of injuring the
627	627	voter's health and originates on or after the day before the last
628	628	day for submitting an application for a ballot to be voted by mail.
629	629	ARTICLE 4. POLLING PLACES
630	630	SECTION 4.01. Sections 43.007(c) and (d), Election Code,
631	631	are amended to read as follows:
632	632	(c) In conducting the program, the secretary of state shall
633	633	provide for an audit of the voting system equipment [direct
634	634	recording electronic voting units] before and after the election,
635	635	and during the election to the extent such an audit is practicable.
636	636	(d) The secretary of state shall select to participate in
637	637	the program each county that:
638	638	(1) has held a public hearing under Subsection (b);
639	639	(2) has submitted documentation listing the steps
640	640	taken to solicit input on participating in the program by
641	641	organizations or persons who represent the interests of voters;
642	642	(3) has implemented a computerized voter registration
643	643	list that allows an election officer at the polling place to verify
644	644	that a voter has not previously voted in the election;
645	645	(4) uses direct recording electronic voting machines,
646	646	ballot marking devices, or hand-marked scannable paper ballots that
647	647	are printed and scanned at the polling place or any other type of
648	648	voting system equipment that the secretary of state determines is
649	649	capable of processing votes for each type of ballot to be voted in
650	650	the county; and
651	651	(5) is determined by the secretary of state to have the
652	652	appropriate technological capabilities.
653	653	SECTION 4.02. Subchapter A, Chapter 43, Election Code, is
654	654	amended by adding Section 43.008 to read as follows:
655	655	Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
656	656	"institution of higher education" has the meaning assigned by
657	657	Section 61.003, Education Code.
658	658	(b) The commissioners court of a county shall designate as a
659	659	polling place a number of locations on the main campus of an
660	660	institution of higher education located in the county as follows:
661	661	(1) if at least 5,000 but fewer than 10,000 students
662	662	are enrolled at the institution, one location; or
663	663	(2) if at least 10,000 students are enrolled at the
664	664	institution, two locations and one additional location for every
665	665	10,000 students enrolled at the institution over 10,000 students.
666	666	SECTION 4.03. Section 85.005(c), Election Code, is amended
667	667	to read as follows:
668	668	(c) In a county with a population of 30,000 [100,000] or
669	669	more, the voting in a primary election or the general election for
670	670	state and county officers shall be conducted at the main early
671	671	voting polling place for at least 12 hours on each weekday of the
672	672	last week of the early voting period, and the voting in a special
673	673	election ordered by the governor shall be conducted at the main
674	674	early voting polling place for at least 12 hours on each of the last
675	675	two days of the early voting period. Voting shall be conducted in
676	676	accordance with this subsection in those elections in a county with
677	677	a population under 30,000 [100,000] on receipt by the early voting
678	678	clerk of a written request for the extended hours submitted by at
679	679	least 15 registered voters of the county. The request must be
680	680	submitted in time to enable compliance with Section 85.067.
681	681	SECTION 4.04. Section 85.006(e), Election Code, is amended
682	682	to read as follows:
683	683	(e) In a primary election or the general election for state
684	684	and county officers in a county with a population of 30,000
685	685	[100,000] or more, the early voting clerk shall order personal
686	686	appearance voting at the main early voting polling place to be
687	687	conducted for at least 12 hours on the last Saturday and for at
688	688	least five hours on the last Sunday of the early voting period. The
689	689	early voting clerk shall order voting to be conducted at those times
690	690	in those elections in a county with a population under 30,000
691	691	[100,000] on receipt of a written request for those hours submitted
692	692	by at least 15 registered voters of the county. The request must be
693	693	submitted in time to enable compliance with Section 85.007. This
694	694	subsection supersedes any provision of this subchapter to the
695	695	extent of any conflict.
696	696	ARTICLE 5. VOTING BY PERSONAL APPEARANCE
697	697	SECTION 5.01. Section 13.002(i), Election Code, as
698	698	effective September 1, 2021, is amended to read as follows:
699	699	(i) An applicant who wishes to receive an exemption from the
700	700	requirements of Section 63.001(b) on the basis of disability must
701	701	submit:
702	702	(1) written documentation:
703	703	(A) from the United States Social Security
704	704	Administration evidencing the applicant has been determined to have
705	705	a disability; or
706	706	(B) from the United States Department of Veterans
707	707	Affairs evidencing the applicant has a disability rating of at
708	708	least 50 percent; and
709	709	(2) a statement in a form prescribed by the secretary
710	710	of state that the applicant does not have [a form of] identification
711	711	required by Section 63.001(b) in a form described by [acceptable
712	712	under] Section 63.0101.
713	713	SECTION 5.02. Sections 63.001(b) and (i), Election Code,
714	714	are amended to read as follows:
715	715	(b) Except as provided by Subsection (h), on offering to
716	716	vote, a voter must present to an election officer at the polling
717	717	place:
718	718	(1) one form of photo identification listed in Section
719	719	63.0101(a); [or]
720	720	(2) one form of identification listed in Section
721	721	63.0101(b)(1), (2), or (3) [63.0101(b)] accompanied by the
722	722	declaration described by Subsection (i);
723	723	(3) two forms of identification listed under Section
724	724	63.0101(b), including one form that contains the voter's current
725	725	address; or
726	726	(4) two forms of identification listed under Section
727	727	63.0101(b)(4) accompanied by the declaration described by
728	728	Subsection (i).
729	729	(i) If the requirement for identification prescribed by
730	730	Subsection (b)(1) or (3) is not met, an election officer shall
731	731	notify the voter that the voter may be accepted for voting if the
732	732	voter meets the requirement for identification prescribed by
733	733	Subsection (b)(2) or (4) and executes a declaration declaring the
734	734	voter has a reasonable impediment to meeting the requirement for
735	735	identification prescribed by Subsection (b)(1) or (3). A person is
736	736	subject to prosecution for perjury under Chapter 37, Penal Code, or
737	737	Section 63.0013 for a false statement or false information on the
738	738	declaration. The secretary of state shall prescribe the form of the
739	739	declaration. The form shall include:
740	740	(1) a notice that a person is subject to prosecution
741	741	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
742	742	false statement or false information on the declaration;
743	743	(2) a statement that the voter swears or affirms that
744	744	the information contained in the declaration is true, that the
745	745	person described in the declaration is the same person appearing at
746	746	the polling place to sign the declaration, and that the voter faces
747	747	a reasonable impediment to procuring the identification prescribed
748	748	by Subsection (b)(1) or (3);
749	749	(3) a place for the voter to indicate one of the
750	750	following impediments:
751	751	(A) lack of transportation;
752	752	(B) lack of birth certificate or other documents
753	753	needed to obtain the identification prescribed by Subsection
754	754	(b)(1);
755	755	(C) work schedule;
756	756	(D) lost or stolen identification;
757	757	(E) disability or illness;
758	758	(F) family responsibilities; and
759	759	(G) the identification prescribed by Subsection
760	760	(b)(1) or (3) has been applied for but not received;
761	761	(4) a place for the voter to sign and date the
762	762	declaration;
763	763	(5) a place for the election judge to sign and date the
764	764	declaration;
765	765	(6) a place to note the polling place at which the
766	766	declaration is signed; and
767	767	(7) a place for the election judge to note which form
768	768	of identification prescribed by Subsection (b)(2) or (4) the voter
769	769	presented.
770	770	SECTION 5.03. Sections 63.0101(a) and (b), Election Code,
771	771	are amended to read as follows:
772	772	(a) The following documentation is an acceptable form of
773	773	photo identification under this chapter:
774	774	(1) a driver's license, election identification
775	775	certificate, or personal identification card issued to the voter
776	776	[person] by the Department of Public Safety that has not expired or
777	777	that expired no earlier than four years before the date of
778	778	presentation;
779	779	(2) a United States military identification card that
780	780	contains the voter's [person's] photograph that has not expired or
781	781	that expired no earlier than four years before the date of
782	782	presentation;
783	783	(3) a United States citizenship certificate issued to
784	784	the voter [person] that contains the voter's [person's] photograph;
785	785	(4) a United States passport book or card issued to the
786	786	voter [person] that has not expired or that expired no earlier than
787	787	four years before the date of presentation; [or]
788	788	(5) a license to carry a handgun issued to the voter
789	789	[person] by the Department of Public Safety that has not expired or
790	790	that expired no earlier than four years before the date of
791	791	presentation;
792	792	(6) an official Native American tribal document that:
793	793	(A) contains the voter's photograph and address;
794	794	and
795	795	(B) is issued by a tribe that is federally
796	796	recognized and located in this state; or
797	797	(7) any other official government document issued to
798	798	the voter and containing the voter's name, address, and photograph.
799	799	(b) The following documentation is acceptable as proof of
800	800	identification under this chapter:
801	801	(1) a government document that shows the name and
802	802	address of the voter, including the voter's voter registration
803	803	certificate;
804	804	(2) one of the following documents that shows the name
805	805	and address of the voter:
806	806	(A) a copy of a current utility bill;
807	807	(B) a bank or credit union statement;
808	808	(C) a government check; or
809	809	(D) a paycheck or pension plan statement; [or]
810	810	(3) a certified copy of a domestic birth certificate
811	811	or other document confirming birth that is admissible in a court of
812	812	law and establishes the voter's [person's] identity; or
813	813	(4) two of the following documents issued or delivered
814	814	to the voter, one of which must contain the name and address of the
815	815	voter:
816	816	(A) a Medicare, Medicaid, or Department of
817	817	Veterans Affairs identification card or other health insurance
818	818	identification card;
819	819	(B) a Department of Defense identification card;
820	820	(C) a social security identification card;
821	821	(D) a credit or debit card;
822	822	(E) a student identification card issued by a
823	823	public or private high school or institution of higher education;
824	824	(F) a Texas Department of Criminal Justice
825	825	document indicating release or parole;
826	826	(G) a fishing or hunting license;
827	827	(H) a lease or mortgage for real property;
828	828	(I) a motor vehicle title;
829	829	(J) an insurance certificate, policy
830	830	declaration, or other document demonstrating proof of insurance;
831	831	(K) an official Native American tribal document
832	832	that is issued by a tribe that is federally recognized and located
833	833	in this state;
834	834	(L) a property tax assessment;
835	835	(M) a letter of confirmation of residence, letter
836	836	of stay, admission form, or statement of benefits from:
837	837	(i) a student residence at a public or
838	838	private institution of higher education;
839	839	(ii) a nursing home or other long-term care
840	840	facility or a retirement center; or
841	841	(iii) a shelter.
842	842	(N) a document listed in Subdivision (1), (2), or
843	843	(3); or
844	844	(O) another government document containing the
845	845	voter's name.
846	846	SECTION 5.04. Section 63.011(b), Election Code, is amended
847	847	to read as follows:
848	848	(b) A form for an affidavit required by this section must be
849	849	printed on an envelope in which the provisional ballot voted by the
850	850	person may be placed and must include:
851	851	(1) a space for entering the identification number of
852	852	the provisional ballot voted by the person; and
853	853	(2) a space for an election officer to indicate
854	854	whether the person presented [a form of] identification required by
855	855	Section 63.001(b) in a form described by Section 63.0101.
856	856	SECTION 5.05. Section 64.012, Election Code, is amended by
857	857	adding Subsection (c) to read as follows:
858	858	(c) It is an exception to the application of Subsection
859	859	(a)(1) that the person:
860	860	(1) voted or attempted to vote a provisional ballot in
861	861	accordance with Section 63.011; and
862	862	(2) did not know:
863	863	(A) of the particular circumstances that made the
864	864	person not eligible to vote in the election; or
865	865	(B) that those circumstances made the person not
866	866	eligible to vote in the election.
867	867	SECTION 5.06. Section 65.0541(a), Election Code, is amended
868	868	to read as follows:
869	869	(a) A voter who is accepted for provisional voting under
870	870	Section 63.011 because the voter does not meet the identification
871	871	requirements of Section 63.001(b) may, not later than the sixth day
872	872	after the date of the election:
873	873	(1) present [a form of] identification required by
874	874	Section 63.001(b) in a form described by Section 63.0101 to the
875	875	voter registrar for examination; or
876	876	(2) execute an affidavit described by Section
877	877	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
878	878	SECTION 5.07. Section 85.001(a), Election Code, is amended
879	879	to read as follows:
880	880	(a) The period for early voting by personal appearance
881	881	begins on the 21st [17th] day before election day and continues
882	882	through the fourth day before election day, except as otherwise
883	883	provided by this section.
884	884	SECTION 5.08. Section 86.006(a-1), Election Code, is
885	885	amended to read as follows:
886	886	(a-1) The voter may deliver a marked ballot in person to the
887	887	early voting clerk's office only while the polls are open on
888	888	election day. A voter who delivers a marked ballot in person must
889	889	present identification required by Section 63.001(b) in a [an
890	890	acceptable] form [of identification] described by Section 63.0101.
891	891	SECTION 5.09. Section 662.003(b), Government Code, is
892	892	amended to read as follows:
893	893	(b) A state holiday includes only the following days:
894	894	(1) the 19th day of January, "Confederate Heroes Day,"
895	895	in honor of Jefferson Davis, Robert E. Lee, and other Confederate
896	896	heroes;
897	897	(2) the second day of March, "Texas Independence Day";
898	898	(3) the 21st day of April, "San Jacinto Day";
899	899	(4) the 19th day of June, "Emancipation Day in Texas,"
900	900	in honor of the emancipation of the slaves in Texas in 1865;
901	901	(5) the 27th day of August, "Lyndon Baines Johnson
902	902	Day," in observance of the birthday of Lyndon Baines Johnson;
903	903	(6) the Friday after Thanksgiving Day;
904	904	(7) the 24th day of December; [and]
905	905	(8) the 26th day of December; and
906	906	(9) the first Tuesday after the first Monday in
907	907	November of an even-numbered year.
908	908	SECTION 5.10. Section 662.021, Government Code, is amended
909	909	to read as follows:
910	910	Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
911	911	only the following days:
912	912	(1) a national holiday under Section 662.003(a); and
913	913	(2) a state holiday under Sections 662.003(b)(1)
914	914	through (6) and Section 662.003(b)(9).
915	915	ARTICLE 6. VOLUNTEER DEPUTY REGISTRARS
916	916	SECTION 6.01. Section 13.031, Election Code, is amended by
917	917	adding Subsection (f) to read as follows:
918	918	(f) A volunteer deputy registrar appointed under this
919	919	section may serve as a volunteer deputy registrar throughout the
920	920	state regardless of which county appointed the deputy registrar.
921	921	The secretary of state shall prescribe procedures to implement this
922	922	subsection.
923	923	SECTION 6.02. Section 13.033(b), Election Code, is amended
924	924	to read as follows:
925	925	(b) If a person is to be appointed, the registrar shall
926	926	prepare a certificate of appointment in duplicate containing:
927	927	(1) the date of appointment;
928	928	(2) the statement: "I, ____________, Voter Registrar
929	929	for ____________ County, do hereby appoint ____________ as a
930	930	volunteer deputy registrar [for ____________ County].";
931	931	(3) the person's residence address;
932	932	(4) the person's voter registration number, if any;
933	933	(5) a statement that the term of the appointment
934	934	expires December 31 of an even-numbered year; and
935	935	(6) a statement that the appointment terminates on the
936	936	person's final conviction for an offense for failure to deliver a
937	937	registration application and may terminate on the registrar's
938	938	determination that the person failed to adequately review a
939	939	registration application, intentionally destroyed or physically
940	940	altered a registration application, or engaged in any other
941	941	activity that conflicts with the responsibilities of a volunteer
942	942	deputy registrar under this chapter.
943	943	SECTION 6.03. Section 13.037(a), Election Code, is amended
944	944	to read as follows:
945	945	(a) A person may not receive compensation from any [the]
946	946	county for service as a volunteer deputy registrar unless
947	947	compensation is authorized by the commissioners court of that
948	948	county.
949	949	SECTION 6.04. Section 13.038, Election Code, is amended to
950	950	read as follows:
951	951	Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
952	952	registrar may distribute voter registration application forms
953	953	throughout the county and receive registration applications
954	954	submitted to the deputy in person.
955	955	(b) A volunteer deputy registrar may distribute a voter
956	956	registration application in the form prescribed by the secretary of
957	957	state under Section 31.002 throughout the state and receive an
958	958	application in that form submitted to the deputy in person,
959	959	regardless of the county in which the application was printed.
960	960	(c) The secretary of state shall prescribe procedures to
961	961	implement this section.
962	962	ARTICLE 7. UNOPPOSED CANDIDATES
963	963	SECTION 7.01. Section 2.053(a), Election Code, is amended
964	964	to read as follows:
965	965	(a) On receipt of the certification, the governing body of
966	966	the political subdivision by order or ordinance shall [may] declare
967	967	each unopposed candidate elected to the office. If no election is to
968	968	be held on election day by the political subdivision, a copy of the
969	969	order or ordinance shall be posted on election day at each polling
970	970	place used or that would have been used in the election.
971	971	SECTION 7.02. Section 2.056(c), Election Code, is amended
972	972	to read as follows:
973	973	(c) A certifying authority shall [may] declare a candidate
974	974	elected to an office of the state or county government if, were the
975	975	election held, only the votes cast for that candidate in the
976	976	election for that office may be counted.
977	977	SECTION 7.03. Section 52.092(a), Election Code, is amended
978	978	to read as follows:
979	979	(a) Except as provided by Section 2.053(c) or 2.056(e), for
980	980	[For] an election at which offices regularly filled at the general
981	981	election for state and county officers are to appear on the ballot,
982	982	the offices shall be listed in the following order:
983	983	(1) offices of the federal government;
984	984	(2) offices of the state government:
985	985	(A) statewide offices;
986	986	(B) district offices;
987	987	(3) offices of the county government:
988	988	(A) county offices;
989	989	(B) precinct offices.
990	990	ARTICLE 8. ELECTION OFFICIALS, VOLUNTEERS, AND POLL WATCHERS
991	991	SECTION 8.01. Subchapter D, Chapter 32, Election Code, is
992	992	amended by adding Section 32.077 to read as follows:
993	993	Sec. 32.077. SUITS AGAINST ELECTION OFFICERS. A person may
994	994	only bring a legal action, including a petition for a writ of
995	995	mandamus, against an election officer in that officer's official
996	996	capacity if the act that is the subject of the legal action is
997	997	related to the exercise of an official duty of the election officer.
998	998	SECTION 8.02. Subchapter B, Chapter 33, Election Code, is
999	999	amended by adding Section 33.036 to read as follows:
1000	1000	Sec. 33.036. TRAINING. (a) To be eligible to serve as a
1001	1001	watcher, a person must complete the training required of election
1002	1002	judges under Subchapter F, Chapter 32.
1003	1003	(b) The secretary of state shall adopt rules to implement
1004	1004	this section.
1005	1005	SECTION 8.03. Section 33.051, Election Code, is amended by
1006	1006	adding Subsection (g) to read as follows:
1007	1007	(g) Before accepting a watcher, the officer presented with a
1008	1008	watcher's certificate of appointment shall require the watcher to
1009	1009	take the following oath, administered by the officer: "I swear (or
1010	1010	affirm) that I will not disrupt the voting process or harass voters
1011	1011	in the discharge of my duties."
1012	1012	ARTICLE 9. REPEALERS
1013	1013	SECTION 9.01. The following provisions of the Election Code
1014	1014	are repealed:
1015	1015	(1) Section 43.007(i);
1016	1016	(2) Section 82.001;
1017	1017	(3) Section 82.002;
1018	1018	(4) Section 82.003;
1019	1019	(5) Section 82.004;
1020	1020	(6) Section 82.008, as effective September 1, 2021;
1021	1021	(7) Section 84.002(b);
1022	1022	(8) Section 84.002(c), as effective September 1, 2021;
1023	1023	and
1024	1024	(9) Section 112.002(b).
1025	1025	ARTICLE 10. TRANSITION AND EFFECTIVE DATE
1026	1026	SECTION 10.01. (a) The changes in law made by this Act apply
1027	1027	only to an offense committed on or after the effective date of this
1028	1028	Act. An offense committed before the effective date of this Act is
1029	1029	governed by the law in effect when the offense was committed, and
1030	1030	the former law is continued in effect for that purpose. For purposes
1031	1031	of this section, an offense was committed before the effective date
1032	1032	of this Act if any element of the offense occurred before that date.
1033	1033	(b) The changes in law made by this Act apply only to an
1034	1034	election ordered on or after the effective date of this Act. An
1035	1035	election ordered before the effective date of this Act is governed
1036	1036	by the law in effect when the election was ordered, and the former
1037	1037	law is continued in effect for that purpose.
1038	1038	(c) The changes in law made by this Act apply only to an
1039	1039	application to vote an early voting ballot by mail submitted on or
1040	1040	after the effective date of this Act. An application to vote an
1041	1041	early voting ballot by mail submitted before the effective date of
1042	1042	this Act is governed by the law in effect when the application was
1043	1043	submitted, and the former law is continued in effect for that
1044	1044	purpose.
1045	1045	(d) The changes in law made by this Act apply only to an
1046	1046	application for voter registration submitted on or after the
1047	1047	effective date of this Act.
1048	1048	SECTION 10.02. This Act takes effect on the 91st day after
1049	1049	the last day of the legislative session.