88R9472 MLH-D
By: Swanson H.B. No. 2498
A BILL TO BE ENTITLED
AN ACT
relating to the conduct and administration of elections; providing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 18, Election Code, is
amended by adding Section 18.0051 to read as follows:
Sec. 18.0051. ADDITIONAL CONTENTS; COUNTY INFORMATION. (a)
In this section, "county certification number" means any number
assigned to a voter of a county by the registrar, in addition to and
other than the voter's registration number, for purposes of
identifying the voter.
(b) If a registrar assigns county certification numbers to
voters in the county, the registrar may not assign more than one
county certification number to a voter.
(c) If a county's list of registered voters contains a voter
with one registration number and multiple county certification
numbers, the registrar shall deliver to the voter a written
confirmation notice under Section 15.051.
(d) If the voter's response to the confirmation notice
contains a residential address that matches the voter's residential
address on the county's list of registered voters, the county
certification number associated with that address is considered the
effective county certification number for that voter, and the
registrar shall remove any additional county certification number
from the voter's information on the county's list of registered
voters.
(e) If the voter's response to the confirmation notice does
not contain a residential address that matches the voter's
residential address on the county's list of registered voters, the
registrar shall:
(1) remove all county certification numbers from the
voter's information on the county's list of registered voters; and
(2) issue a new county certification number to the
voter for the residential address listed by the voter in the voter's
response to the confirmation notice.
(f) If a county's list of registered voters contains a voter
with one registration number and multiple county certification
numbers and the registrar fails to timely deliver a confirmation
notice required under this section, the secretary of state may
withhold funds administered and distributed by the secretary under
Chapter 19 or Section 31.009 from the registrar.
(g) Notwithstanding Subsection (f), the secretary of state
shall distribute funds under Chapter 19 or Section 31.009 if the
registrar delivers the confirmation notice not later than 30 days
after the funds are withheld.
(h) The secretary of state may adopt rules and procedures
for the administration of this section.
SECTION 2. Section 19.002(d), Election Code, is amended to
read as follows:
(d) The secretary of state may not make a payment under
Subsection (b) if on June 1 of the year in which the payment is to be
made the registrar is not in substantial compliance with Section
15.022, 15.051, 15.083, 16.031, 16.032, or 18.065 or with rules
implementing the registration service program.
SECTION 3. Section 31.014, Election Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The secretary of state shall adopt rules that:
(1) require a device described by this section used
during the early voting period or under the countywide polling
place program under Section 43.007 to update data in real time; and
(2) require a county that uses a device described by
this section to use each device function described by Subsection
(a).
(d) If a county uses a device that does not comply with a
rule adopted under this section or uses a device in a manner that
does not comply with a [the] rule adopted under this section [in two
consecutive general elections for state and county officers], the
secretary of state shall assess a noncompliance fee. The
noncompliance fee shall be set at an amount determined by secretary
of state rule.
SECTION 4. Section 33.007(a), Election Code, is amended to
read as follows:
(a) Each appointing authority may appoint not more than two
watchers for each precinct polling place, meeting place for an
early voting ballot board, location where the early voting clerk
reviews applications for a ballot to be voted by mail, or central
counting station involved in the election.
SECTION 5. Section 33.051, Election Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) A watcher appointed to serve at a location where the
early voting clerk reviews applications for a ballot to be voted by
mail under Section 86.001 must deliver the certificates under
Subsection (a) to the early voting clerk when the watcher first
reports for service.
SECTION 6. Subchapter C, Chapter 33, Election Code, is
amended by adding Section 33.0551 to read as follows:
Sec. 33.0551. HOURS OF SERVICE AT LOCATION OF EARLY VOTING
BALLOT BY MAIL APPLICATION REVIEW. A watcher serving at a location
where the early voting clerk reviews applications for a ballot to be
voted by mail may be present at the location at any time the early
voting clerk reviews applications for a ballot to be voted by mail
and until the early voting clerk completes the clerk's duties. The
watcher may serve during the hours the watcher chooses.
SECTION 7. Section 33.056, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) A watcher is entitled to examine any document that is
processed by an election official while the watcher is present. A
watcher may not examine a document processed by an election
official in the absence of the watcher.
SECTION 8. Section 43.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A polling place may not be located in a prison, jail, or
other detention facility.
SECTION 9. Section 63.0101, Election Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A library card may not be used to meet the
requirements of Subsection (b)(1).
SECTION 10. Section 68.032, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) When making a delivery under this section, the delivery
must include a copy of any record maintaining a chain of custody for
the voted ballots.
SECTION 11. Section 86.001, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The early voting clerk shall post on the county's
Internet website the date, time, and location at which the early
voting clerk will review applications under this section.
SECTION 12. Section 86.002, Election Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) The space described by Subsection (g) must be
accompanied by a statement explaining to the voter that entering
information into that space does not eliminate or replace the
requirement that the voter sign the carrier envelope certificate.
SECTION 13. Section 86.011, Election Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) Notwithstanding any other provisions of this code, if
the clerk receives a timely carrier envelope that does not fully
comply with the applicable requirements prescribed by this title,
the clerk may, before the earlier of the first meeting of the early
voting ballot board or the first meeting of the signature
verification committee, deliver the carrier envelope in person or
by mail to the voter and may receive, before the deadline, the
corrected carrier envelope from the voter, or the clerk may notify
the voter of the defect by telephone and advise the voter that the
voter may come to the clerk's office in person to correct the defect
or cancel the voter's application to vote by mail and vote on
election day. If the procedures authorized by this subsection are
used, they must be applied uniformly to all carrier envelopes
covered by this subsection. A poll watcher is entitled to observe
the procedures under this subsection. The secretary of state may
prescribe any other procedures necessary to implement this
subsection including requirements for posting notice of any
deliveries.
(e) After the earlier of the first meeting of the early
voting ballot board or the first meeting of the signature
verification committee, if the clerk receives a timely carrier
envelope that does not fully comply with the applicable
requirements prescribed by this title, the clerk may, after
obtaining the approval of the early voting ballot board or the
signature verification committee, as applicable:
(1) deliver the carrier envelope in person or by mail
to the voter and may receive, before the deadline, the corrected
carrier envelope from the voter; or
(2) notify the voter of the defect by telephone and
advise the voter that the voter may come to the clerk's office in
person to correct the defect or cancel the voter's application to
vote by mail and vote on election day.
SECTION 14. Section 87.0431, Election Code, is amended by
adding Subsections (a-1), (d), and (e) to read as follows:
(a-1) The reason for rejection in a written notice to a
voter under Subsection (a) must include a clear statement of the
reason for the rejection of the voter's ballot in plain English.
(d) The secretary of state shall develop a uniform set of
identification codes for use in indicating the reason a ballot was
rejected, using the reasons for rejection listed under Subsection
(b).
(e) Written notices under Subsections (a) and (b) must make
use of the uniform set of identification codes developed under
Subsection (d).
SECTION 15. Section 87.101, Election Code, is amended to
read as follows:
Sec. 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. (a)
On the direction of the presiding judge, the early voting ballot
board shall deliver to the central counting station the container
for the early voting electronic system ballots that are to be
counted by automatic tabulating equipment at a central counting
station. The board shall make the delivery without opening the
container and in accordance with the procedure applicable to
electronic system ballots cast at a precinct polling place.
(b) When making a delivery under Subsection (a), the early
voting ballot board shall also deliver to the central counting
station a copy of any record maintaining a chain of custody for the
voted ballots.
SECTION 16. Section 87.102, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Before duplicating ballots under this section, the
manager of a central counting station shall post, on the Internet
website of the appropriate authority, a notice of:
(1) the date and time at which the ballots will be
duplicated; and
(2) the location where the ballots will be duplicated.
SECTION 17. Section 127.1232, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsection (e) to read
as follows:
(b) The general custodian of election records in a county
with a population of 100,000 or more, or in a political subdivision
of that county, shall implement a video surveillance system that
retains a record of all areas containing voted ballots:
(1) from the time the voted ballots are delivered to
the central counting station until the canvass of precinct election
returns; and
(2) from the time the voted ballots are delivered to
the signature verification committee or early voting ballot board
until the canvass of precinct election returns.
(c) A video from a system implemented under Subsection (b)
shall be made available to the public by a livestream on the home
page of the Internet website of the county or political subdivision
responsible for the video surveillance system.
(e) A county is liable to this state for a civil penalty of
$1,000 for each day that the livestream under this section is not
made available on the home page of the county's Internet website.
The attorney general may bring an action to recover a civil penalty
imposed under this section.
SECTION 18. Section 127.126, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) Before duplicating ballots under this section, the
manager of a central counting station shall post, on the Internet
website of the appropriate authority, a notice of:
(1) the date and time at which the ballots will be
duplicated; and
(2) the location where the ballots will be duplicated.
SECTION 19. Section 127.131, Election Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters, by precinct, at the close of tabulation for election day and
again after the central counting station meets for the last time to
process late-arriving ballots by mail and provisional ballots. The
secretary of state shall create and promulgate rules and a form to
facilitate compliance with this subsection. The form shall be
posted on a website maintained by the county along with election
returns and results.
(g) The form created under Subsection (f) must include a
space for the presiding judge to indicate the number of ballots
duplicated under Section 87.102 or 127.126.
SECTION 20. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.004 to read as follows:
Sec. 129.004. SCHEDULE AND REPORTING FOR CERTAIN COUNTIES.
A county participating in the countywide polling place program
under Section 43.007 shall prepare a schedule for the maintenance
and calibration of the county's electronic voting system. The
county shall annually file the county's schedule with the secretary
of state and shall notify the secretary of state in writing when
each instance of maintenance and calibration has been completed.
SECTION 21. Section 129.023(c-1), Election Code, is amended
to read as follows:
(c-1) A test conducted under this section must also require
the general custodian of election records to demonstrate, using a
representative sample of voting system equipment, that the source
code of the equipment has not been altered. This demonstration must
be made:
(1) at the same time as the test conducted under this
section; and
(2) in the presence of the testing board.
SECTION 22. The changes in law made by this Act apply only
to an election that is ordered on or after the effective date of
this Act.
SECTION 23. This Act takes effect September 1, 2023.