Texas 2023 - 88th Regular

Texas Senate Bill SB2433 Compare Versions

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1	1	By: Bettencourt, Hall S.B. No. 2433
2	2	Middleton
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain election practices and procedures; increasing a
8	8	criminal penalty; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 13.002(c), Election Code, is amended to
11	11	read as follows:
12	12	(c) A registration application must include:
13	13	(1) the applicant's first name, middle name, if any,
14	14	last name, and former name, if any;
15	15	(2) the month, day, and year of the applicant's birth;
16	16	(3) a statement that the applicant is a United States
17	17	citizen;
18	18	(4) a statement that the applicant is a resident of the
19	19	county;
20	20	(5) a statement that the applicant has not been
21	21	determined by a final judgment of a court exercising probate
22	22	jurisdiction to be:
23	23	(A) totally mentally incapacitated; or
24	24	(B) partially mentally incapacitated without the
25	25	right to vote;
26	26	(6) a statement that the applicant has not been
27	27	finally convicted of a felony or that the applicant is a felon
28	28	eligible for registration under Section 13.001;
29	29	(7) the applicant's residence address or, if the
30	30	residence has no address:[,]
31	31	(A) the address at which the applicant receives
32	32	mail;
33	33	(B) [and] a concise description of the location
34	34	of the applicant's residence; and
35	35	(C) a statement that the applicant's residence
36	36	has no address;
37	37	(8) the following information:
38	38	(A) the applicant's Texas driver's license number
39	39	or the number of a personal identification card issued by the
40	40	Department of Public Safety;
41	41	(B) if the applicant has not been issued a number
42	42	described by Paragraph (A), the last four digits of the applicant's
43	43	social security number; or
44	44	(C) a statement by the applicant that the
45	45	applicant has not been issued a number described by Paragraph (A) or
46	46	(B);
47	47	(9) if the application is made by an agent, a statement
48	48	of the agent's relationship to the applicant; and
49	49	(10) the city and county in which the applicant
50	50	formerly resided.
51	51	SECTION 2. Section 31.037, Election Code, is amended to
52	52	read as follows:
53	53	Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
54	54	employment of the county elections administrator may be suspended,
55	55	with or without pay, or terminated at any time for good and
56	56	sufficient cause on the three-fifths [four-fifths] vote of the
57	57	county election commission and approval of that action by a
58	58	majority vote of the commissioners court.
59	59	SECTION 3. Section 31.043, Election Code, is amended to
60	60	read as follows:
61	61	Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. (a) The
62	62	county elections administrator shall perform:
63	63	(1) the duties and functions of the voter registrar;
64	64	(2) the duties and functions placed on the county
65	65	clerk by this code;
66	66	(3) the duties and functions relating to elections
67	67	that are placed on the county clerk by statutes outside this code,
68	68	subject to Section 31.044; and
69	69	(4) the duties and functions placed on the
70	70	administrator under Sections 31.044 and 31.045.
71	71	(b) The county elections administrator is a nonvoting
72	72	member of the county election commission and the county election
73	73	board.
74	74	SECTION 4. Subchapter B, Chapter 31, Election Code, is
75	75	amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and
76	76	31.0435 to read as follows:
77	77	Sec. 31.0431. REPORT TO COUNTY ELECTION COMMISSION: VOTE BY
78	78	MAIL. Not later than the 30th day after the final canvass of an
79	79	election is completed, the county elections administrator shall
80	80	provide a report to the county election commission that includes
81	81	the following information pertaining to voting by mail:
82	82	(1) the number of applications for a ballot to be voted
83	83	by mail submitted and the number of applications rejected;
84	84	(2) the number of official ballots to be voted by mail:
85	85	(A) provided to an applicant;
86	86	(B) returned by an applicant;
87	87	(C) returned undelivered by the United States
88	88	Postal Service;
89	89	(D) delivered to the early voting ballot board or
90	90	signature verification committee;
91	91	(E) for which the voters were accepted by the
92	92	early voting ballot board, including accepted voters whose jacket
93	93	envelopes were empty, contained the wrong ballot, or contained
94	94	multiple ballots; and
95	95	(F) for which the voters were rejected by the
96	96	early voting ballot board;
97	97	(3) the number of limited ballots to be voted by mail
98	98	submitted by an applicant; and
99	99	(4) the number of ballots voted by mail:
100	100	(A) delivered to the central counting station;
101	101	(B) duplicated at the central counting station;
102	102	and
103	103	(C) tabulated by the central counting station.
104	104	Sec. 31.0432. REPORT TO COUNTY ELECTION COMMISSION: EARLY
105	105	VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the
106	106	final canvass of an election is completed, the county elections
107	107	administrator shall provide a report to the county election
108	108	commission that includes the following information pertaining to
109	109	each day of early voting by personal appearance:
110	110	(1) the number of persons accepted to vote using a
111	111	limited ballot and the number of limited ballots cast;
112	112	(2) the number of:
113	113	(A) voters accepted to vote at each polling
114	114	place, including accepted voters who did not cast a vote;
115	115	(B) votes cast at each polling place and in each
116	116	election precinct;
117	117	(C) voters accepted to vote a provisional ballot;
118	118	(D) provisional ballot affidavits accepted at
119	119	each polling place;
120	120	(E) requests for cancellation of an application
121	121	for a ballot to be voted by mail received by each polling place;
122	122	(F) spoiled ballots at each polling place;
123	123	(G) marked ballots deposited in a location other
124	124	than a ballot box;
125	125	(H) polling places where 25 percent or more of
126	126	the election officers were not available to work at the polling
127	127	place for more than one hour at a time;
128	128	(I) polling places where a seal on a ballot box or
129	129	voting equipment did not match the documentation or was broken; and
130	130	(J) polling places that were not able to
131	131	reconcile every voter against the record of votes cast, including
132	132	the number of polling places where the discrepancy exceeded two
133	133	votes cast;
134	134	(3) the allocation of voting equipment and election
135	135	officials for each polling place; and
136	136	(4) the number of ballots cast during early voting by
137	137	personal appearance that were duplicated by the central counting
138	138	station.
139	139	Sec. 31.0433. REPORT TO COUNTY ELECTION COMMISSION:
140	140	ELECTION DAY. Not later than the 30th day after the final canvass of
141	141	an election is completed, the county elections administrator shall
142	142	provide a report to the county election commission that includes
143	143	the following information pertaining to election day:
144	144	(1) the number of:
145	145	(A) voters accepted to vote at each polling
146	146	place, including accepted voters who did not cast a vote;
147	147	(B) votes cast at each polling place and in each
148	148	election precinct;
149	149	(C) voters accepted to vote a provisional ballot;
150	150	(D) provisional ballot affidavits accepted at
151	151	each polling place;
152	152	(E) requests for cancellation of an application
153	153	for a ballot to be voted by mail received by each polling place;
154	154	(F) spoiled ballots at each polling place; and
155	155	(G) marked ballots deposited in a location other
156	156	than a ballot box;
157	157	(2) the allocation of voting equipment and election
158	158	officials for each polling place;
159	159	(3) the number of polling places on election day that:
160	160	(A) opened at least 10 minutes late due to the
161	161	malfunction of voting system equipment or a lack of election
162	162	supplies;
163	163	(B) closed for more than 30 minutes during voting
164	164	hours;
165	165	(C) had 25 percent or more of the voting machines
166	166	not functioning for at least 30 minutes during voting hours;
167	167	(D) had 50 percent or more of the scanning
168	168	equipment not functioning for at least 30 minutes during voting
169	169	hours;
170	170	(E) did not have a sufficient supply of ballots,
171	171	including from a shortage, having the wrong size paper for the
172	172	voting system, or any other malfunction limiting a person's ability
173	173	to vote as authorized under this code;
174	174	(F) did not print the tape showing each voting
175	175	machine counter was set to zero prior to opening the polls for
176	176	voting;
177	177	(G) failed to properly prepare the precinct
178	178	returns under Section 65.014;
179	179	(H) had 25 percent or more of the election
180	180	officers not available to work at the polling place for more than
181	181	one hour at a time;
182	182	(I) had a seal on a ballot box or voting equipment
183	183	that did not match the documentation or was broken; and
184	184	(J) were not able to reconcile every voter
185	185	against the record of votes cast, including the number of polling
186	186	places where the discrepancy exceeded two votes cast;
187	187	(4) the number of ballots cast on election day that
188	188	were duplicated by the central counting station; and
189	189	(5) the number of times a presiding judge delivered
190	190	the election returns but did not receive a chain of custody
191	191	document.
192	192	Sec. 31.0434. REPORT TO COUNTY ELECTION COMMISSION:
193	193	ADDITIONAL ELECTION INFORMATION. Not later than the 30th day after
194	194	the final canvass of an election is completed, the county elections
195	195	administrator shall provide a report to the county election
196	196	commission that includes the following information pertaining to an
197	197	election conducted in the county:
198	198	(1) the number of suspense voters in the county;
199	199	(2) the number of statements of residence completed at
200	200	each polling place;
201	201	(3) a reconciliation of:
202	202	(A) every election precinct in the county on the
203	203	number of registered voters and the number of votes cast;
204	204	(B) every data storage device assigned to a
205	205	polling place or to ballots to be voted by mail and its inclusion on
206	206	audit documentation; and
207	207	(C) the number of votes on each results tape and
208	208	the total number of votes cast; and
209	209	(4) an inventory of election records with container
210	210	labels, including a list of the contents in each container.
211	211	Sec. 31.0435. COUNTY ELECTION COMMISSION REVIEW OF REPORTS.
212	212	(a) The county election commission shall review reports provided by
213	213	the county elections administrator under Section 31.0431.
214	214	(b) Not later than the 30th day after receiving the reports,
215	215	the county election commission shall provide recommendations to the
216	216	county elections administrator based on the provided reports.
217	217	(c) During the next countywide election, the county
218	218	election commission shall monitor the county elections
219	219	administrator to determine whether the administrator is following
220	220	the recommendations provided by the commission under Subsection
221	221	(b).
222	222	SECTION 5. Section 43.031, Election Code, is amended by
223	223	adding Subsection (f) to read as follows:
224	224	(f) If the entity that owns or controls a public building
225	225	selected for a polling place under this section is a school district
226	226	and fails to make the building available in accordance with
227	227	Subsection (c), the district may not designate the building as a
228	228	polling place for an election for the board of trustees or for a
229	229	school district bond election until after the fifth anniversary of
230	230	the date of the election in which the district failed to comply with
231	231	this section.
232	232	SECTION 6. Section 65.014(e), Election Code, is amended to
233	233	read as follows:
234	234	(e) An offense under Subsection (d) is a Class A [B]
235	235	misdemeanor.
236	236	SECTION 7. Section 65.053, Election Code, is amended to
237	237	read as follows:
238	238	Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. (a) The
239	239	presiding judge of an election precinct shall deliver in person to
240	240	the general custodian of election records the box containing each
241	241	envelope containing a provisional ballot that was cast in the
242	242	precinct. The secretary of state shall prescribe procedures by
243	243	which the early voting ballot board may have access to the
244	244	provisional ballots as necessary to implement this subchapter.
245	245	(b) The presiding judge of an election precinct shall daily
246	246	prepare a notice of the number of provisional ballots delivered to
247	247	the general custodian of elections records under Subsection (a) and
248	248	deliver the notice to, as applicable:
249	249	(1) the central counting station;
250	250	(2) the counting station designated under Section
251	251	127.001(b); or
252	252	(3) the early voting ballot board.
253	253	SECTION 8. Section 66.052, Election Code, is amended to
254	254	read as follows:
255	255	Sec. 66.052. DELIVERY BY ELECTION CLERK. (a) Subject to
256	256	Subsection (b), a [A] delivery of election records or supplies that
257	257	is to be performed by the presiding judge may be performed by an
258	258	election clerk designated by the presiding judge.
259	259	(b) A presiding judge may only designate an election clerk
260	260	under Subsection (a) who has served at the same polling place as the
261	261	presiding judge for at least four hours before the designation.
262	262	SECTION 9. Section 66.055, Election Code, is amended to
263	263	read as follows:
264	264	Sec. 66.055. FAILURE TO DELIVER [JUDICIAL IMPOUNDMENT OF]
265	265	ELECTION RECORDS. (a) If the precinct election records are not
266	266	delivered by the deadline prescribed by Section 66.053(c):
267	267	(1) the secretary of state may supervise the
268	268	activities necessary to complete the count, prepare the precinct
269	269	returns, and distribute the records; or
270	270	(2) [,] on application by a member of the canvassing
271	271	authority, a district judge shall order the precinct election
272	272	records to be impounded.
273	273	(b) If the precinct election records are impounded under
274	274	Subsection (a)(2), the [The] district judge shall supervise the
275	275	activities necessary to complete the count, prepare the precinct
276	276	returns, and distribute the records.
277	277	SECTION 10. Section 67.007, Election Code, is amended by
278	278	adding Subsection (d-1) to read as follows:
279	279	(d-1) The secretary of state shall post the county returns
280	280	on the secretary of state's Internet website, organized by
281	281	precinct. Not later than 24 hours after the secretary of state posts
282	282	the county returns, the county clerk shall verify that the county
283	283	returns on the secretary of state's Internet website accurately
284	284	reflect the precinct returns delivered to the county clerk.
285	285	SECTION 11. Section 67.013, Election Code, is amended by
286	286	adding Subsection (b-1) to read as follows:
287	287	(b-1) The secretary of state shall compare the county
288	288	returns with the corresponding local election register. If a
289	289	discrepancy is discovered between the vote totals shown on the
290	290	returns and those shown in the register, the secretary of state
291	291	shall examine the returns and register and make the necessary
292	292	corrections on the returns.
293	293	SECTION 12. Section 86.011(b), Election Code, is amended to
294	294	read as follows:
295	295	(b) If the return is timely, the clerk shall enter the time
296	296	and date of receipt on the carrier envelope and enclose the carrier
297	297	envelope and the voter's early voting ballot application in a
298	298	jacket envelope. The clerk shall also include in the jacket
299	299	envelope:
300	300	(1) a copy of the voter's federal postcard application
301	301	if the ballot is voted under Chapter 101; and
302	302	(2) the signature cover sheet, if the ballot is voted
303	303	under Chapter 105.
304	304	SECTION 13. Section 127.126, Election Code, is amended by
305	305	amending Subsection (a) and adding Subsections (a-1) and (g) to
306	306	read as follows:
307	307	(a) The manager of a central counting station may have
308	308	ballots duplicated for automatic counting as provided by this
309	309	section. The manager shall designate teams of two election
310	310	officers to prepare the duplicate ballots. Each officer on the team
311	311	must be aligned or affiliated with a different political party
312	312	unless there are not two or more election officers serving the
313	313	central counting station who are aligned with different parties.
314	314	(a-1) The election officers designated under Subsection (a)
315	315	shall prepare a duplicate ballot by having one officer announce the
316	316	name of the candidate and the other officer mark the ballot with the
317	317	name of that candidate. Each duplicate ballot must be
318	318	independently reviewed by a second team of two election officers,
319	319	each of whom is aligned or affiliated with a different political
320	320	party as described by Subsection (a).
321	321	(g) The manager of a central counting station shall post the
322	322	time that ballots will be duplicated to ensure that poll watchers
323	323	are able to observe the activity under this section.
324	324	SECTION 14. Section 127.351(c), Election Code, is amended
325	325	to read as follows:
326	326	(c) Except as provided by Section 127.352, a [A] county
327	327	selected to be audited may not be required to pay the cost of
328	328	performing an audit under this section.
329	329	SECTION 15. Subchapter J, Chapter 127, Election Code, is
330	330	amended by adding Section 127.352 to read as follows:
331	331	Sec. 127.352. COOPERATION BY COUNTY. (a) The secretary of
332	332	state may request that a county selected under Section 127.351
333	333	provide to the secretary of state as necessary to complete an audit
334	334	under this subchapter:
335	335	(1) records or other documents in the possession of
336	336	the county; and
337	337	(2) the assistance of county employees.
338	338	(b) A county selected under Section 127.351 shall comply
339	339	with a request made under Subsection (a) not later than the 14th day
340	340	after the request is made.
341	341	(c) The secretary of state may assess an administrative
342	342	penalty of not more than $500 per day for each day the county fails
343	343	or refuses to comply with a request under Subsection (a), beginning
344	344	the 14th day after the request is made and ending the day the county
345	345	complies with the request.
346	346	SECTION 16. (a) The change in law made by this Act in
347	347	amending Section 65.014(e), Election Code, applies only to an
348	348	offense committed on or after the effective date of this Act. An
349	349	offense committed before the effective date of this Act is governed
350	350	by the law in effect on the date the offense was committed, and the
351	351	former law is continued in effect for that purpose. For purposes of
352	352	this section, an offense was committed before the effective date of
353	353	this Act if any element of the offense occurred before that date.
354	354	(b) Section 127.351(c), Election Code, as amended by this
355	355	Act, and Section 127.352, Election Code, as added by this Act, apply
356	356	only to an audit initiated under Subchapter J, Chapter 127,
357	357	Election Code, as amended by this Act, on or after the effective
358	358	date of this Act. An audit initiated before the effective date of
359	359	this Act is governed by the law in effect immediately before the
360	360	effective date of this Act, and that law is continued in effect for
361	361	that purpose.
362	362	SECTION 17. This Act takes effect September 1, 2023.