Texas 2023 - 88th Regular

Texas House Bill HB2498 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9472 MLH-D
2	2	By: Swanson H.B. No. 2498
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conduct and administration of elections; providing
8	8	a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 18, Election Code, is
11	11	amended by adding Section 18.0051 to read as follows:
12	12	Sec. 18.0051. ADDITIONAL CONTENTS; COUNTY INFORMATION. (a)
13	13	In this section, "county certification number" means any number
14	14	assigned to a voter of a county by the registrar, in addition to and
15	15	other than the voter's registration number, for purposes of
16	16	identifying the voter.
17	17	(b) If a registrar assigns county certification numbers to
18	18	voters in the county, the registrar may not assign more than one
19	19	county certification number to a voter.
20	20	(c) If a county's list of registered voters contains a voter
21	21	with one registration number and multiple county certification
22	22	numbers, the registrar shall deliver to the voter a written
23	23	confirmation notice under Section 15.051.
24	24	(d) If the voter's response to the confirmation notice
25	25	contains a residential address that matches the voter's residential
26	26	address on the county's list of registered voters, the county
27	27	certification number associated with that address is considered the
28	28	effective county certification number for that voter, and the
29	29	registrar shall remove any additional county certification number
30	30	from the voter's information on the county's list of registered
31	31	voters.
32	32	(e) If the voter's response to the confirmation notice does
33	33	not contain a residential address that matches the voter's
34	34	residential address on the county's list of registered voters, the
35	35	registrar shall:
36	36	(1) remove all county certification numbers from the
37	37	voter's information on the county's list of registered voters; and
38	38	(2) issue a new county certification number to the
39	39	voter for the residential address listed by the voter in the voter's
40	40	response to the confirmation notice.
41	41	(f) If a county's list of registered voters contains a voter
42	42	with one registration number and multiple county certification
43	43	numbers and the registrar fails to timely deliver a confirmation
44	44	notice required under this section, the secretary of state may
45	45	withhold funds administered and distributed by the secretary under
46	46	Chapter 19 or Section 31.009 from the registrar.
47	47	(g) Notwithstanding Subsection (f), the secretary of state
48	48	shall distribute funds under Chapter 19 or Section 31.009 if the
49	49	registrar delivers the confirmation notice not later than 30 days
50	50	after the funds are withheld.
51	51	(h) The secretary of state may adopt rules and procedures
52	52	for the administration of this section.
53	53	SECTION 2. Section 19.002(d), Election Code, is amended to
54	54	read as follows:
55	55	(d) The secretary of state may not make a payment under
56	56	Subsection (b) if on June 1 of the year in which the payment is to be
57	57	made the registrar is not in substantial compliance with Section
58	58	15.022, 15.051, 15.083, 16.031, 16.032, or 18.065 or with rules
59	59	implementing the registration service program.
60	60	SECTION 3. Section 31.014, Election Code, is amended by
61	61	amending Subsection (c) and adding Subsection (d) to read as
62	62	follows:
63	63	(c) The secretary of state shall adopt rules that:
64	64	(1) require a device described by this section used
65	65	during the early voting period or under the countywide polling
66	66	place program under Section 43.007 to update data in real time; and
67	67	(2) require a county that uses a device described by
68	68	this section to use each device function described by Subsection
69	69	(a).
70	70	(d) If a county uses a device that does not comply with a
71	71	rule adopted under this section or uses a device in a manner that
72	72	does not comply with a [the] rule adopted under this section [in two
73	73	consecutive general elections for state and county officers], the
74	74	secretary of state shall assess a noncompliance fee. The
75	75	noncompliance fee shall be set at an amount determined by secretary
76	76	of state rule.
77	77	SECTION 4. Section 33.007(a), Election Code, is amended to
78	78	read as follows:
79	79	(a) Each appointing authority may appoint not more than two
80	80	watchers for each precinct polling place, meeting place for an
81	81	early voting ballot board, location where the early voting clerk
82	82	reviews applications for a ballot to be voted by mail, or central
83	83	counting station involved in the election.
84	84	SECTION 5. Section 33.051, Election Code, is amended by
85	85	adding Subsection (a-2) to read as follows:
86	86	(a-2) A watcher appointed to serve at a location where the
87	87	early voting clerk reviews applications for a ballot to be voted by
88	88	mail under Section 86.001 must deliver the certificates under
89	89	Subsection (a) to the early voting clerk when the watcher first
90	90	reports for service.
91	91	SECTION 6. Subchapter C, Chapter 33, Election Code, is
92	92	amended by adding Section 33.0551 to read as follows:
93	93	Sec. 33.0551. HOURS OF SERVICE AT LOCATION OF EARLY VOTING
94	94	BALLOT BY MAIL APPLICATION REVIEW. A watcher serving at a location
95	95	where the early voting clerk reviews applications for a ballot to be
96	96	voted by mail may be present at the location at any time the early
97	97	voting clerk reviews applications for a ballot to be voted by mail
98	98	and until the early voting clerk completes the clerk's duties. The
99	99	watcher may serve during the hours the watcher chooses.
100	100	SECTION 7. Section 33.056, Election Code, is amended by
101	101	adding Subsection (g) to read as follows:
102	102	(g) A watcher is entitled to examine any document that is
103	103	processed by an election official while the watcher is present. A
104	104	watcher may not examine a document processed by an election
105	105	official in the absence of the watcher.
106	106	SECTION 8. Section 43.031, Election Code, is amended by
107	107	adding Subsection (f) to read as follows:
108	108	(f) A polling place may not be located in a prison, jail, or
109	109	other detention facility.
110	110	SECTION 9. Section 63.0101, Election Code, is amended by
111	111	adding Subsection (b-1) to read as follows:
112	112	(b-1) A library card may not be used to meet the
113	113	requirements of Subsection (b)(1).
114	114	SECTION 10. Section 68.032, Election Code, is amended by
115	115	adding Subsection (c) to read as follows:
116	116	(c) When making a delivery under this section, the delivery
117	117	must include a copy of any record maintaining a chain of custody for
118	118	the voted ballots.
119	119	SECTION 11. Section 86.001, Election Code, is amended by
120	120	adding Subsection (a-1) to read as follows:
121	121	(a-1) The early voting clerk shall post on the county's
122	122	Internet website the date, time, and location at which the early
123	123	voting clerk will review applications under this section.
124	124	SECTION 12. Section 86.002, Election Code, is amended by
125	125	adding Subsection (g-1) to read as follows:
126	126	(g-1) The space described by Subsection (g) must be
127	127	accompanied by a statement explaining to the voter that entering
128	128	information into that space does not eliminate or replace the
129	129	requirement that the voter sign the carrier envelope certificate.
130	130	SECTION 13. Section 86.011, Election Code, is amended by
131	131	amending Subsection (d) and adding Subsection (e) to read as
132	132	follows:
133	133	(d) Notwithstanding any other provisions of this code, if
134	134	the clerk receives a timely carrier envelope that does not fully
135	135	comply with the applicable requirements prescribed by this title,
136	136	the clerk may, before the earlier of the first meeting of the early
137	137	voting ballot board or the first meeting of the signature
138	138	verification committee, deliver the carrier envelope in person or
139	139	by mail to the voter and may receive, before the deadline, the
140	140	corrected carrier envelope from the voter, or the clerk may notify
141	141	the voter of the defect by telephone and advise the voter that the
142	142	voter may come to the clerk's office in person to correct the defect
143	143	or cancel the voter's application to vote by mail and vote on
144	144	election day. If the procedures authorized by this subsection are
145	145	used, they must be applied uniformly to all carrier envelopes
146	146	covered by this subsection. A poll watcher is entitled to observe
147	147	the procedures under this subsection. The secretary of state may
148	148	prescribe any other procedures necessary to implement this
149	149	subsection including requirements for posting notice of any
150	150	deliveries.
151	151	(e) After the earlier of the first meeting of the early
152	152	voting ballot board or the first meeting of the signature
153	153	verification committee, if the clerk receives a timely carrier
154	154	envelope that does not fully comply with the applicable
155	155	requirements prescribed by this title, the clerk may, after
156	156	obtaining the approval of the early voting ballot board or the
157	157	signature verification committee, as applicable:
158	158	(1) deliver the carrier envelope in person or by mail
159	159	to the voter and may receive, before the deadline, the corrected
160	160	carrier envelope from the voter; or
161	161	(2) notify the voter of the defect by telephone and
162	162	advise the voter that the voter may come to the clerk's office in
163	163	person to correct the defect or cancel the voter's application to
164	164	vote by mail and vote on election day.
165	165	SECTION 14. Section 87.0431, Election Code, is amended by
166	166	adding Subsections (a-1), (d), and (e) to read as follows:
167	167	(a-1) The reason for rejection in a written notice to a
168	168	voter under Subsection (a) must include a clear statement of the
169	169	reason for the rejection of the voter's ballot in plain English.
170	170	(d) The secretary of state shall develop a uniform set of
171	171	identification codes for use in indicating the reason a ballot was
172	172	rejected, using the reasons for rejection listed under Subsection
173	173	(b).
174	174	(e) Written notices under Subsections (a) and (b) must make
175	175	use of the uniform set of identification codes developed under
176	176	Subsection (d).
177	177	SECTION 15. Section 87.101, Election Code, is amended to
178	178	read as follows:
179	179	Sec. 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. (a)
180	180	On the direction of the presiding judge, the early voting ballot
181	181	board shall deliver to the central counting station the container
182	182	for the early voting electronic system ballots that are to be
183	183	counted by automatic tabulating equipment at a central counting
184	184	station. The board shall make the delivery without opening the
185	185	container and in accordance with the procedure applicable to
186	186	electronic system ballots cast at a precinct polling place.
187	187	(b) When making a delivery under Subsection (a), the early
188	188	voting ballot board shall also deliver to the central counting
189	189	station a copy of any record maintaining a chain of custody for the
190	190	voted ballots.
191	191	SECTION 16. Section 87.102, Election Code, is amended by
192	192	adding Subsection (c) to read as follows:
193	193	(c) Before duplicating ballots under this section, the
194	194	manager of a central counting station shall post, on the Internet
195	195	website of the appropriate authority, a notice of:
196	196	(1) the date and time at which the ballots will be
197	197	duplicated; and
198	198	(2) the location where the ballots will be duplicated.
199	199	SECTION 17. Section 127.1232, Election Code, is amended by
200	200	amending Subsections (b) and (c) and adding Subsection (e) to read
201	201	as follows:
202	202	(b) The general custodian of election records in a county
203	203	with a population of 100,000 or more, or in a political subdivision
204	204	of that county, shall implement a video surveillance system that
205	205	retains a record of all areas containing voted ballots:
206	206	(1) from the time the voted ballots are delivered to
207	207	the central counting station until the canvass of precinct election
208	208	returns; and
209	209	(2) from the time the voted ballots are delivered to
210	210	the signature verification committee or early voting ballot board
211	211	until the canvass of precinct election returns.
212	212	(c) A video from a system implemented under Subsection (b)
213	213	shall be made available to the public by a livestream on the home
214	214	page of the Internet website of the county or political subdivision
215	215	responsible for the video surveillance system.
216	216	(e) A county is liable to this state for a civil penalty of
217	217	$1,000 for each day that the livestream under this section is not
218	218	made available on the home page of the county's Internet website.
219	219	The attorney general may bring an action to recover a civil penalty
220	220	imposed under this section.
221	221	SECTION 18. Section 127.126, Election Code, is amended by
222	222	adding Subsection (g) to read as follows:
223	223	(g) Before duplicating ballots under this section, the
224	224	manager of a central counting station shall post, on the Internet
225	225	website of the appropriate authority, a notice of:
226	226	(1) the date and time at which the ballots will be
227	227	duplicated; and
228	228	(2) the location where the ballots will be duplicated.
229	229	SECTION 19. Section 127.131, Election Code, is amended by
230	230	amending Subsection (f) and adding Subsection (g) to read as
231	231	follows:
232	232	(f) The presiding judge of the central counting station
233	233	shall provide and attest to a written reconciliation of votes and
234	234	voters, by precinct, at the close of tabulation for election day and
235	235	again after the central counting station meets for the last time to
236	236	process late-arriving ballots by mail and provisional ballots. The
237	237	secretary of state shall create and promulgate rules and a form to
238	238	facilitate compliance with this subsection. The form shall be
239	239	posted on a website maintained by the county along with election
240	240	returns and results.
241	241	(g) The form created under Subsection (f) must include a
242	242	space for the presiding judge to indicate the number of ballots
243	243	duplicated under Section 87.102 or 127.126.
244	244	SECTION 20. Subchapter A, Chapter 129, Election Code, is
245	245	amended by adding Section 129.004 to read as follows:
246	246	Sec. 129.004. SCHEDULE AND REPORTING FOR CERTAIN COUNTIES.
247	247	A county participating in the countywide polling place program
248	248	under Section 43.007 shall prepare a schedule for the maintenance
249	249	and calibration of the county's electronic voting system. The
250	250	county shall annually file the county's schedule with the secretary
251	251	of state and shall notify the secretary of state in writing when
252	252	each instance of maintenance and calibration has been completed.
253	253	SECTION 21. Section 129.023(c-1), Election Code, is amended
254	254	to read as follows:
255	255	(c-1) A test conducted under this section must also require
256	256	the general custodian of election records to demonstrate, using a
257	257	representative sample of voting system equipment, that the source
258	258	code of the equipment has not been altered. This demonstration must
259	259	be made:
260	260	(1) at the same time as the test conducted under this
261	261	section; and
262	262	(2) in the presence of the testing board.
263	263	SECTION 22. The changes in law made by this Act apply only
264	264	to an election that is ordered on or after the effective date of
265	265	this Act.
266	266	SECTION 23. This Act takes effect September 1, 2023.