89R3242 MLH-F
By: Bucy H.B. No. 2082
A BILL TO BE ENTITLED
AN ACT
relating to ensuring access to the right to vote by all eligible
voters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REGISTRATION OF VOTERS
SECTION 1.01. Section 11.002(a), Election Code, is amended
to read as follows:
(a) In this code, "qualified voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) has not been finally convicted of a felony or, if
so convicted, is not currently incarcerated for that offense [has:
[(A) fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
[(B) been pardoned or otherwise released from the
resulting disability to vote];
(5) is a resident of this state; and
(6) is a registered voter.
SECTION 1.02. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. The registrar shall appoint at least one election
officer serving each polling place for early voting by personal
appearance or on election day as a regular deputy registrar.
SECTION 1.03. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
secretary of state shall work with the Department of Public Safety
and the Department of Information Resources to implement a program
to allow a person to complete a voter registration application over
the Internet from the official website of this state. The Internet
websites of the secretary of state, the Department of Public
Safety, and each voter registration agency under Section 20.001(a)
must also provide a link to the location of the application on the
official website of this state.
(b) An applicant for electronic voter registration who has
an unexpired driver's license or personal identification card
issued in this state must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes.
(c) An applicant for electronic voter registration who does
not have an unexpired driver's license or personal identification
card issued in this state must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) digitally sign the applicant's application before
submitting it electronically.
(d) For each application submitted under Subsection (b),
the program shall require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety.
(e) A digital signature given as provided by secretary of
state rule meets the signature requirement under Section 13.002(b).
An application submitted under this section is considered for all
purposes an application submitted by mail under this title.
(f) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(g) The rules adopted under Subsection (f) must require
that:
(1) the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the website near the place where the person begins or submits the
application; and
(2) the state electronic Internet portal project be
used to authenticate the identity and address of a person who
submits an application electronically under this section.
SECTION 1.04. Subchapter A, Chapter 13, Election Code, is
amended by adding Sections 13.010 and 13.011 to read as follows:
Sec. 13.010. VOTER REGISTRATION THROUGH DEPARTMENT OF
PUBLIC SAFETY. (a) The voter registrar of each county shall
automatically register any county resident who is eligible to vote
as provided by Section 13.001 and:
(1) is issued a Texas driver's license or a personal
identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
Safety.
(b) A driver's license or personal identification card
transaction with an indication provided by Section 20.062(b) or
20.063(c) that the transaction is not for voter registration
purposes is not subject to this section.
Sec. 13.011. VOTER REGISTRATION THROUGH CERTAIN VOTER
REGISTRATION AGENCIES. (a) The voter registrar of each county
shall automatically register any county resident who is eligible to
vote as provided by Section 13.001 and applies for services from a
voter registration agency under Subchapter B, Chapter 20.
(b) An application for services is not subject to this
section if the application is accompanied by:
(1) an indication under Section 20.002(b) that the
transaction is not for voter registration; or
(2) a declination form under Section 20.036.
(c) The secretary of state shall prescribe procedures for
the implementation of this section.
SECTION 1.05. Section 13.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A volunteer deputy registrar appointed under this
section may serve as a volunteer deputy registrar throughout the
state regardless of which county appointed the deputy registrar.
The secretary of state shall prescribe procedures to implement this
subsection.
SECTION 1.06. Section 13.033(b), Election Code, is amended
to read as follows:
(b) If a person is to be appointed, the registrar shall
prepare a certificate of appointment in duplicate containing:
(1) the date of appointment;
(2) the statement: "I, ____________, Voter Registrar
for ____________ County, do hereby appoint ____________ as a
volunteer deputy registrar [for ____________ County].";
(3) the person's residence address;
(4) the person's voter registration number, if any;
(5) a statement that the term of the appointment
expires December 31 of an even-numbered year; and
(6) a statement that the appointment terminates on the
person's final conviction for an offense for failure to deliver a
registration application and may terminate on the registrar's
determination that the person failed to adequately review a
registration application, intentionally destroyed or physically
altered a registration application, or engaged in any other
activity that conflicts with the responsibilities of a volunteer
deputy registrar under this chapter.
SECTION 1.07. Section 13.037(a), Election Code, is amended
to read as follows:
(a) A person may not receive compensation from any [the]
county for service as a volunteer deputy registrar unless
compensation is authorized by the commissioners court of that
county.
SECTION 1.08. Section 13.038, Election Code, is amended to
read as follows:
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
registrar may distribute voter registration application forms
throughout the county and receive registration applications
submitted to the deputy in person.
(b) A volunteer deputy registrar may distribute a voter
registration application in the form prescribed by the secretary of
state under Section 31.002 throughout the state and receive an
application in that form submitted to the deputy in person,
regardless of the county in which the application was printed.
(c) The secretary of state shall prescribe procedures to
implement this section.
SECTION 1.09. Section 13.046(h), Election Code, is amended
to read as follows:
(h) The secretary of state shall:
(1) consult with the Texas Education Agency regarding
the number of registration application forms to provide to each
high school;
(2) provide to each high school registration
application forms once each fall and spring semester in the number
determined from the consultation under Subdivision (1); and
(3) prescribe any additional procedures necessary to
implement this section.
SECTION 1.10. Section 20.001(a), Election Code, is amended
to read as follows:
(a) The following state agencies are designated as voter
registration agencies:
(1) Health and Human Services Commission;
(2) Department of Aging and Disability Services;
(3) Department of Assistive and Rehabilitative
Services;
(4) Department of State Health Services; [and]
(5) Texas Workforce Commission; and
(6) any other agency or program as determined by the
secretary of state that primarily provides:
(A) public assistance; or
(B) services to persons with disabilities.
SECTION 1.11. Section 20.002, Election Code, is amended to
read as follows:
Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION
FORM. (a) A voter registration agency under this subchapter shall
prescribe and use a form and procedure that combines a form for
services from that agency with an officially prescribed voter
registration application form.
(b) A voter registration agency under this subchapter shall
prescribe and use a form and procedure that requests a person's
address and that combines agency and voter registration functions.
The form must allow a person to indicate that a change of address is
not for voter registration purposes.
(c) The design, content, and physical characteristics of
the agency forms must be [Instead of using the official voter
registration application form prescribed by the secretary of state,
a voter registration agency may use an official form prescribed by
the agency, if] approved by the secretary of state.
SECTION 1.12. Section 20.032(a), Election Code, is amended
to read as follows:
(a) An appropriate agency employee shall [routinely] inform
each person who applies in person for agency services of the
opportunity to complete a voter registration application form and
[on request] shall provide nonpartisan voter registration
assistance to the applicant.
SECTION 1.13. Section 20.061, Election Code, is amended to
read as follows:
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
13.010.
SECTION 1.14. Section 20.062(b), Election Code, is amended
to read as follows:
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
SECTION 1.15. Section 20.063, Election Code, is amended to
read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
of Public Safety shall consider an application made in person, by
mail, or online at the department's Internet website [provide to
each person who applies in person at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card by
a person who is eligible to vote as provided by Section 13.001 an
application for [opportunity to complete a] voter registration.
The date of application is considered to be the date of submission
to the voter registrar for the purpose of determining the effective
date of registration [application form].
(b) The Department of Public Safety shall consider a change
of address that relates to [When the department processes] a
license or card and that is submitted to [for renewal by mail,] the
department [shall deliver to the applicant by mail a voter
registration application form.
[(c) A change of address that relates to a license or card
and that is submitted to the department] in person, [or] by mail, or
online at the department's Internet website [serves] as a change in
[of address for] voter registration [unless the licensee or
cardholder indicates that the change is not for voter registration
purposes]. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
date of registration [only].
(c) The registration of an eligible [(d) If a completed]
voter as required by Subsections (a) and (b) is automatic unless the
person indicates that the transaction is not for voter
registration purposes [application submitted to a department
employee does not include the applicant's correct driver's license
number or personal identification card number, a department
employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application].
SECTION 1.16. Section 20.065(b), Election Code, is amended
to read as follows:
(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or online
at the department's Internet website for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card [application submitted to the
department]. The secretary shall prescribe procedures necessary to
implement this subsection.
SECTION 1.17. Chapter 63, Election Code, is amended by
adding Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING
PROCEDURES. (a) Other applicable provisions of this code apply to
the conduct of voting and to the registration of voters under this
section to the extent those provisions do not conflict with this
section.
(b) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted for voting at a polling place at which the
person would be allowed to vote if registered if, on the day the
person offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to a voter registrar at the polling
place;
(2) presents as proof of identification:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote;
(ii) a United States passport issued to the
person; or
(iii) a United States military
identification card that contains the person's photograph; and
(3) executes an affidavit stating that the person:
(A) is eligible to vote in the election; and
(B) is voting only once in the election.
(c) Persons voting under this section shall be processed
separately at the polling place from persons who are voting under
regular procedures.
(d) The secretary of state shall adopt rules to ensure the
accountability of election officers and to fairly implement this
section.
SECTION 1.18. Section 85.031(a), Election Code, is amended
to read as follows:
(a) For each person entitled to vote an early voting ballot
by personal appearance or who is entitled to register at a polling
place, the early voting clerk shall follow the procedure for
accepting a regular voter on election day, with the modifications
necessary for the conduct of early voting.
ARTICLE 2. VOTING BY MAIL
SECTION 2.01. Section 4.003, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In addition to any other notice given for an election
under Subsection (a), not later than the 21st day before election
day, a county shall post a copy of a notice of the election given by
the county or provided to the county under Section 4.008(a)[, which
must include the location of each polling place,] on the county's
Internet website, if the county maintains a website. An authority
responsible for giving notice of an election may post a copy of the
notice on the bulletin board used for posting notices of the
meetings of the governing body of the political subdivision that
the authority serves. If a county does not maintain a website, the
authority responsible for giving notice of the election shall post
a copy of a notice of the election on the bulletin board used for
posting notices of the meetings of the governing body of the
political subdivision that the authority serves. For each precinct
that is combined to form a consolidated precinct under Section
42.008, not later than the 10th day before election day, the
authority shall also post, at the polling place used in the
preceding general election, notice of the precinct's consolidation
and the location of the polling place in the consolidated precinct.
A notice posted under this subsection must remain posted
continuously through election day.
(b-1) The notice given under Subsection (b) must include:
(1) the location of each polling place that will be
open on election day;
(2) the location of each polling place that will be
open for early voting; and
(3) each location that will be available to voters to
deliver a marked ballot under Section 86.006(a-5).
SECTION 2.02. Section 13.002(e), Election Code, is amended
to read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter B, Chapter
58, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
SECTION 2.03. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 2.04. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
who, [is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter B, Chapter 58, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 2.05. Section 84.001, Election Code, is amended by
amending Subsections (a), (b), (d), and (e) and adding Subsection
(e-1) to read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
(b) Subject to Section 1.011 and except as provided by
Section 84.0091, an application must be submitted in writing and
signed by the applicant using ink on paper. An electronic signature
or photocopied signature is not permitted except as provided by
Section 84.0091.
(d) An application must be submitted [by mail] to the early
voting clerk for the election who serves the election precinct of
the applicant's residence.
(e) Except as provided by Subsection (e-1), an application
[An applicant] for a ballot to be voted by mail serves as an
application both [may apply] for a ballot [ballots] for the main
election and for any resulting runoff election [on the same
application]. If an application [for the main election and any
resulting runoff] is not timely for the main election, it will be
considered timely for any resulting runoff if received not later
than the deadline, determined using the date of the runoff
election, for submitting a regular application for a ballot to be
voted by mail.
(e-1) An applicant for a ballot to be voted by mail for the
main election may request not to receive a ballot for a resulting
runoff election.
SECTION 2.06. Section 84.002(a), Election Code, is amended
to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
[(1-a) the following information:
[(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
[(B) if the applicant has not been issued a
number described by Paragraph (A), the last four digits of the
applicant's social security number; or
[(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);]
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, the
address outside the applicant's county of residence to which the
ballot is to be mailed or an e-mail address for the applicant to
which the ballot is sent by electronic transmission;
(3) for an application for a ballot to be voted by mail
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [on the ground of age or disability],
the address of the hospital, nursing home or other long-term care
facility, or retirement center, or of a person related to the
applicant within the second degree by affinity or the third degree
by consanguinity, as determined under Chapter 573, Government Code,
if the applicant is living at that address and that address is
different from the address at which the applicant is registered to
vote;
(4) for an application for a ballot to be voted by mail
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), the address of the jail or
of a person related to the applicant within the degree described by
Subdivision (3);
(5) [for an application for a ballot to be voted by
mail on any ground,] an indication of each election for which the
applicant is applying for a ballot; and
(6) [an indication of the ground of eligibility for
early voting; and
[(7)] for an application for a ballot to be voted by
mail by an applicant who is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and is ordered
as a condition of civil commitment to reside in a facility operated
by or under contract with the Texas Civil Commitment Office [on the
ground of involuntary civil commitment], the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
SECTION 2.07. Section 84.007(a), Election Code, is amended
to read as follows:
(a) Except as provided by Sections 84.008, [and] 84.009, and
84.0091, an application for a ballot to be voted by mail must be
submitted as provided by this section.
SECTION 2.08. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(b) On request of the applicant, an application for a ballot
to be voted by mail [on the ground of confinement in jail] may be
submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 2.09. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0091 to read as follows:
Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: ELECTRONIC SUBMISSION. (a) The secretary of state shall
allow a person to complete an application for an early voting ballot
by mail over the Internet using the online tool described by Section
86.015. The online tool must:
(1) permit an applicant to electronically sign the
application;
(2) deliver a completed application to the early
voting clerk for the election who serves the election precinct of
the applicant's residence; and
(3) permit an applicant to check the status of the
applicant's application.
(b) The online tool must require a person to provide the
following information before allowing the person to complete an
application for an early voting ballot by mail:
(1) the person's name and voter registration number or
registration address;
(2) the person's driver's license number or personal
identification card number issued by the Department of Public
Safety; and
(3) the last four digits of the person's social
security number.
SECTION 2.10. Section 84.011(a), Election Code, is amended
to read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
[(3-a) a space for entering the information required
under Section 84.002(a)(1-a);] and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the
ground of absence from the county of residence] to indicate:
(i) whether the applicant will be absent
from the applicant's county of residence on election day;
(ii) if applicable, the date on or after
which the applicant can receive mail at the address outside the
county; and
(iii) whether the applicant wishes to
receive the balloting materials by electronic transmission and, if
so, a space for the applicant to provide an e-mail address;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with:
(i) a statement informing the applicant
that failure to furnish that information does not invalidate the
application; and
(ii) a statement prescribed by the
secretary of state explaining the benefits of furnishing that
information, including how that information assists the early
voting clerk;
(D) a space or box for an applicant who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[applying on the ground of age or disability] to indicate that the
address to which the ballot is to be mailed is the address of a
facility or relative described by Section 84.002(a)(3), if
applicable;
(E) a space or box for an applicant who is
confined [applying on the ground of confinement] in jail as
described by Section 84.009(a) or who is civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code, and ordered as a condition of civil commitment to reside in a
facility operated by or under contract with the Texas Civil
Commitment Office, [involuntary civil commitment] to indicate that
the address to which the ballot is to be mailed is the address of a
relative described by Section 84.002(a)(4) or (6) [(7)], if
applicable;
(F) a space for an applicant [applying on the
ground of age or disability] to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 2.11. Sections 86.001(b) and (c), Election Code,
are amended to read as follows:
(b) If the application complies with the applicable
requirements prescribed by this title [applicant is entitled to
vote an early voting ballot by mail], the clerk shall provide an
official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote in the election [by mail], the clerk shall
reject the application, enter on the application "rejected" and the
reason for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not be
provided to an applicant whose application is rejected.
SECTION 2.12. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that[:
[(1) indicates the ground of eligibility is age or
disability; and
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
for more than one election.
SECTION 2.13. Section 86.003(c), Election Code, is amended
to read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4);
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative; or
(4) is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and ordered as a
condition of civil commitment to reside in a facility operated by or
under contract with the Texas Civil Commitment Office [involuntary
civil commitment], in which case the address must be the address of
the facility or of a relative described by Section 84.002(a)(6)
[84.002(a)(7)].
SECTION 2.14. Section 86.004(b), Election Code, is amended
to read as follows:
(b) For an election to which Section 101.104 applies, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard application
that the voter seeks [is eligible] to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 2.15. Section 86.006, Election Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (a-3),
(a-4), (a-5), and (a-6) to read as follows:
(a) Except as provided by Subsection (a-3), a [A] marked
ballot voted under this chapter must be returned to the early voting
clerk in the official carrier envelope. The carrier envelope may be
delivered in another envelope and must be transported and delivered
only by:
(1) mail;
(2) common or contract carrier; [or]
(3) subject to Subsections (a-1) and (a-2), in-person
delivery by the voter who voted the ballot; or
(4) subject to Subsection (a-4), delivery to an
authorized depository box.
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office or to another designated location
[only] while the polls are open on election day or during the early
voting period. A voter who delivers a marked ballot in person may
return only the voter's own ballot and must present identification
required by Section 63.001(b) in a [an acceptable] form [of
identification] described by Section 63.0101.
(a-3) A marked ballot received through electronic
transmission as provided by Section 86.0031 shall be returned to
the early voting clerk by mail or common or contract carrier through
the procedures prescribed by the secretary of state.
(a-4) The voter may deliver a sealed carrier envelope
containing a marked ballot to any depository box authorized by the
early voting clerk. The early voting clerk may authorize any number
of suitable locations for placement of a depository box.
(a-5) The county clerk may designate any of the following
locations for delivering marked ballots under Subsection (a-1):
(1) the early voting clerk's office;
(2) any polling place open during early voting or on
election day; or
(3) any suitable location that meets criteria
prescribed by the secretary of state.
(a-6) To ensure that locations designated for delivering
marked ballots are accessible and secure, the secretary of state
shall adopt rules establishing criteria for a location that a
county clerk may designate under Subsection (a-5).
SECTION 2.16. Section 86.011, Election Code, is amended by
amending Subsection (d) and adding Subsections (e), (f), (g), (h),
(i), (j), and (k) 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, not later than the second day after the date the clerk
discovers the defect and before the time of delivery under
Subchapter B, Chapter 87, shall send [may deliver the carrier
envelope in person or by mail to] the voter a notice of the defect
and a corrective action form developed by the secretary of state
under Subsection (g) by mail or by common or contract carrier.
(e) The early voting clerk shall include with the notice
delivered to the voter under Subsection (d):
(1) a brief explanation of each defect in the
noncomplying ballot; and
(2) a notice that the voter may:
(A) [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 in the manner
described by Section 84.032; or
(B) correct the defect in the voter's ballot by:
(i) submitting a corrective action form
developed and made available by the secretary of state under
Subsection (g) by mail or by common or contract carrier; or
(ii) coming to the early voting clerk's
office not later than the sixth day after election day [and vote on
election day].
(f) If the early voting clerk determines that it would not
be possible for the voter to receive the notice of defect within a
reasonable time to correct the defect, the clerk may notify the
voter of the defect by telephone or e-mail and inform the voter that
the voter may request to have the voter's application to vote by
mail canceled in the manner described by Section 84.032, submit a
corrective action form developed by the secretary of state under
Subsection (g) by mail or by common or contract carrier, or come to
the early voting clerk's office in person not later than the sixth
day after election day to correct the defect.
(g) The secretary of state shall develop a corrective action
form that may be completed and submitted to an early voting clerk
under this section to correct a defect.
(h) If the early voting clerk takes an action described by
Subsection (d), the clerk must take either action described by that
subsection with respect to each ballot in the election to which this
section applies [procedures authorized by this subsection are used,
they must be applied uniformly to all carrier envelopes covered by
this subsection].
(i) A poll watcher is entitled to observe an action taken
under Subsection (d) or (f) [the procedures under this subsection].
(j) The early voting clerk shall:
(1) in addition to sending the voter notice of the
defect under Subsection (d) or notifying the voter of the defect by
telephone or e-mail under Subsection (f), notify the voter of a
defect discovered under this section using the online tool
described by Section 86.015; and
(2) if possible, permit the voter to correct a defect
using the online tool described by Section 86.015.
(k) The secretary of state may prescribe any [other]
procedures necessary to implement this section [subsection
including requirements for posting notice of any deliveries].
SECTION 2.17. Section 86.015(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall develop or otherwise
provide an online tool to each early voting clerk on the secretary's
Internet website and on the county's Internet website if the early
voting clerk is the county clerk of a county that maintains an
Internet website that enables a person who submits an application
for a ballot to be voted by mail to:
(1) track the location and status of the person's
application and ballot; and
(2) receive notice of and, if possible, correct a
defect in the person's application and ballot under Sections
86.008(c-1), 86.011(j), 87.0271(e-1), and 87.0411(e-1).
SECTION 2.18. Section 87.041(b), Election Code, is amended
to read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) [the voter's ballot application states a legal
ground for early voting by mail;
[(4)] the voter is registered to vote, if registration
is required by law;
(4) [(5) the address to which the ballot was mailed
to the voter, as indicated by the application, was outside the
voter's county of residence, if the ground for early voting is
absence from the county of residence;
[(6)] for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(5) [(7)] the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
84.002 and 86.003[; and
[(8) the information required under Section 86.002(g)
provided by the voter identifies the same voter identified on the
voter's application for voter registration under Section
13.002(c)(8)].
SECTION 2.19. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and originates on or after the day before the last
day for submitting an application for a ballot to be voted by mail.
ARTICLE 3. CONDUCT OF ELECTIONS
SECTION 3.01. Section 12.004(d), Election Code, is amended
to read as follows:
(d) The [If early voting by personal appearance is required
to be conducted for extended hours under Section 85.005(c) or for
weekend hours under Section 85.006(e), the] registrar's office
shall remain open for providing voter registration information
during the [extended hours or weekend] hours that the main early
voting polling place is open for voting.
SECTION 3.02. Section 13.002(i), Election Code, is amended
to read as follows:
(i) An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
submit:
(1) written documentation:
(A) from the United States Social Security
Administration evidencing the applicant has been determined to have
a disability; or
(B) from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
least 50 percent; and
(2) a statement in a form prescribed by the secretary
of state that the applicant does not have [a form of] identification
required by Section 63.001(b) in a form described by [acceptable
under] Section 63.0101.
SECTION 3.03. Section 19.004(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (d), state funds
disbursed under this chapter may be used only to[:
[(1)] defray expenses of the registrar's office in
connection with voter registration, including additional expenses
related to:
(1) [(A)] implementation of the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);
(2) [(B)] complying with weekly updating
requirements; and
(3) [(C)] the employment of temporary voter
registration personnel for not more than 39 weeks in a state fiscal
year[; and
[(2) if the registrar's county has a population of less
than 55,000, defray the cost to the registrar's county of keeping
the polling places in the county open during the early voting period
as required under Sections 85.005(c), 85.006(e), and 85.064(d)].
SECTION 3.04. Section 33.001, Election Code, is amended to
read as follows:
Sec. 33.001. WATCHER DEFINED. In this code, "watcher"
means a person appointed under this subchapter to observe the
conduct of an election on behalf of a candidate, a political party,
a nonpartisan election observation organization, or the proponents
or opponents of a measure.
SECTION 3.05. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.009 to read as follows:
Sec. 33.009. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a)
A nonpartisan election observation organization that has been
certified by the secretary of state in accordance with this section
may appoint watchers.
(b) The secretary of state shall certify qualifying
nonpartisan election observation organizations within this state.
The secretary of state shall adopt rules establishing criteria to
determine whether an organization may be certified. The rules must
require the organization and its appointed nonpartisan watchers to:
(1) be impartial in substance and process;
(2) cooperate with election officers;
(3) be diligent in not obstructing the process;
(4) be independent from the government, in the
interest of promoting the right to vote;
(5) be transparent and accountable with regard to
funding, including refusal to accept funding from any source or
under any condition that may create a conflict of interest; and
(6) be vigilant in identifying and addressing
potential and actual conflicts of interest.
(c) A watcher appointed under this section is not entitled
to:
(1) sign the seal of a ballot box under Section
127.066; or
(2) sign the seal of a test material container under
Section 127.099.
SECTION 3.06. Section 33.031, Election Code, is amended to
read as follows:
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except
as provided by Subsection (c), to [To] be eligible to serve as
a watcher, a person must be a qualified voter:
(1) of the county in which the person is to serve, in
an election ordered by the governor or a county authority or in a
primary election;
(2) of the part of the county in which the election is
held, in an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; and
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county.
(b) In addition to the requirements of Subsection (a), to be
eligible to serve as a watcher, a person must complete training
under Section 33.008.
(c) A person appointed as a watcher under Section 33.009 is
not subject to the requirements of Subsection (a) and is eligible to
serve as a watcher if the person:
(1) is a registered voter in this state; and
(2) understands and agrees to comply with the
principles and practices set forth in the Declaration of Global
Principles for Non-partisan Election Observation and Monitoring by
Citizen Organizations and Code of Conduct for Non-partisan Citizen
Election Observers and Monitors, as commemorated by the United
Nations on April 3, 2012.
SECTION 3.07. Section 42.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Subsection (a)(5) does not apply to an election held on
the May uniform election date by a political subdivision that:
(1) conducts early voting by personal appearance:
(A) at 75 percent or more of its permanent or
temporary branch polling places on the same days and during the same
hours as voting is conducted at the main early voting polling place;
and
(B) at each remaining polling place for at least
two consecutive days of voting during the early voting period, and
for at least eight hours on each of the two consecutive days; or
(2) has not established a permanent or temporary
branch early voting polling place.
SECTION 3.08. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.008 to read as follows:
Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
(b) The commissioners court of a county shall designate as a
polling place a number of locations on the main campus of an
institution of higher education located in the county as follows:
(1) if at least 5,000 but fewer than 10,000 students
are enrolled at the institution, one location;
(2) if at least 10,000 but fewer than 25,000 students
are enrolled at the institution, two locations; or
(3) if at least 25,000 students are enrolled at the
institution, three locations.
SECTION 3.09. Sections 63.001(b) and (i), Election Code,
are amended to read as follows:
(b) Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
place:
(1) one form of photo identification listed in Section
63.0101(a); [or]
(2) one form of identification listed in Section
63.0101(b)(1), (2), or (3) accompanied by the declaration described
by Subsection (i);
(3) two forms of identification listed under Section
63.0101(b), including one form that contains the voter's current
address; or
(4) two forms of identification listed under Section
63.0101(b)(4) accompanied by the declaration described by
Subsection (i).
(i) If the requirement for identification prescribed by
Subsection (b)(1) or (3) is not met, an election officer shall
notify the voter that the voter may be accepted for voting if the
voter meets the requirement for identification prescribed by
Subsection (b)(2) or (4) and executes a declaration declaring the
voter has a reasonable impediment to meeting the requirement for
identification prescribed by Subsection (b)(1) or (3). A person is
subject to prosecution for perjury under Chapter 37, Penal Code, or
under Section 63.0013 for a false statement or false information on
the declaration. The secretary of state shall prescribe the form of
the declaration. The form shall include:
(1) a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or under Section 63.0013
for a false statement or false information on the declaration;
(2) a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
by Subsection (b)(1) or (3);
(3) a place for the voter to indicate one of the
following impediments:
(A) lack of transportation;
(B) lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(b)(1);
(C) work schedule;
(D) lost or stolen identification;
(E) disability or illness;
(F) family responsibilities; and
(G) the identification prescribed by Subsection
(b)(1) or (3) has been applied for but not received;
(4) a place for the voter to sign and date the
declaration;
(5) a place for the election judge to sign and date the
declaration;
(6) a place to note the polling place at which the
declaration is signed; and
(7) a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) or (4) the voter
presented.
SECTION 3.10. Sections 63.0101(a) and (b), Election Code,
are amended to read as follows:
(a) The following documentation is an acceptable form of
photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(2) a United States military identification card that
contains the voter's [person's] photograph that has not expired or
that expired no earlier than four years before the date of
presentation;
(3) a United States citizenship certificate issued to
the voter [person] that contains the voter's [person's] photograph;
(4) a United States passport book or card issued to the
voter [person] that has not expired or that expired no earlier than
four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
presentation;
(6) an official Native American identification card or
tribal document that:
(A) contains the voter's photograph and address;
and
(B) is issued by a tribal organization or by a
tribe that is federally recognized and located in this state;
(7) an identification card issued by a public or
private institution of higher education located in this state that
contains the voter's photograph; or
(8) an identification card issued by a state agency of
this state that contains the voter's photograph.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) a government document that shows the name and
address of the voter, including the voter's voter registration
certificate;
(2) one of the following documents that shows the name
and address of the voter:
(A) a copy of a current utility bill;
(B) a bank or credit union statement;
(C) a government check; or
(D) a paycheck or pension plan statement; [or]
(3) a certified copy of a domestic birth certificate
or other document confirming birth that is admissible in a court of
law and establishes the voter's [person's] identity; or
(4) two of the following documents issued or delivered
to the voter, one of which must contain the name and address of the
voter:
(A) a Medicare, Medicaid, or Department of
Veterans Affairs identification card or other health insurance
identification card;
(B) a Department of Defense identification card;
(C) a social security identification card;
(D) a label on a prescription drug container;
(E) an identity bracelet issued by a hospital or
long-term care facility;
(F) a credit or debit card;
(G) an identification card issued by an employer;
(H) a student identification card issued by a
public or private high school or institution of higher education;
(I) a library card;
(J) a Texas Department of Criminal Justice
document indicating release or parole;
(K) a fishing or hunting license;
(L) a lease or mortgage for real property;
(M) a motor vehicle title;
(N) an insurance certificate, policy
declaration, or other document demonstrating proof of insurance;
(O) a letter from a public or private school or
institution of higher education;
(P) a personal check;
(Q) an official Native American tribal document
that is issued by a tribe that is federally recognized and located
in this state;
(R) a blood donor card;
(S) a public transportation card;
(T) a property tax assessment;
(U) a form prescribed by the Internal Revenue
Service;
(V) a letter from a public conservator,
court-appointed guardian, or trustee;
(W) a letter of confirmation of residence, letter
of stay, admission form, or statement of benefits from:
(i) a student residence;
(ii) a nursing home or other long-term care
facility or a retirement center;
(iii) a shelter; or
(iv) a soup kitchen;
(X) a document listed in Subdivision (1), (2), or
(3); or
(Y) another government document containing the
voter's name.
SECTION 3.11. Section 63.011(b), Election Code, is amended
to read as follows:
(b) A form for an affidavit required by this section must be
printed on an envelope in which the provisional ballot voted by the
person may be placed and must include:
(1) a space for entering the identification number of
the provisional ballot voted by the person; and
(2) a space for an election officer to indicate
whether the person presented [a form of] identification required by
Section 63.001(b) in a form described by Section 63.0101.
SECTION 3.12. Section 65.0541(a), Election Code, is amended
to read as follows:
(a) A voter who is accepted for provisional voting under
Section 63.011 because the voter does not meet the identification
requirements of Section 63.001(b) may, not later than the sixth day
after the date of the election:
(1) present [a form of] identification required by
Section 63.001(b) in a form described by Section 63.0101 to the
voter registrar for examination; or
(2) execute an affidavit described by Section
65.054(b)(2)(B) or (C) in the presence of the voter registrar.
SECTION 3.13. Sections 85.001(a) and (e), Election Code,
are amended to read as follows:
(a) The period for early voting by personal appearance
begins on the 17th day before election day and continues through the
fourth day before election day, except as otherwise provided by
this subchapter [section].
(e) For an election held on the uniform election date in May
and any resulting runoff election, the period for early voting by
personal appearance begins on the 12th day before election day and
continues through the fourth day before election day, except as
otherwise provided by this subchapter.
SECTION 3.14. Section 85.005(c), Election Code, is amended
to read as follows:
(c) In a county with a population of 55,000 or more,
voting [Voting] in a primary election or the general election for
state and county officers shall be conducted at the main early
voting polling place for at least 12 consecutive hours on each
weekday of the last week of the early voting period, and the voting
in a special election ordered by the governor shall be conducted at
the main early voting polling place for at least 12 consecutive
hours on each of the last two days of the early voting
period. Voting under this subsection may not be conducted earlier
than 6 a.m. or later than 10 p.m. Voting shall be conducted in
accordance with this subsection in those elections in a county with
a population of less than 55,000 on receipt by the early voting
clerk of a written request for the extended hours submitted by at
least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.067.
SECTION 3.15. Section 85.006, Election Code, is amended to
read as follows:
Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a)
Except as provided by Subsection (b), the authority ordering an
election may order early voting by personal appearance at the main
early voting polling place to be conducted:
(1) on one or more Saturdays or Sundays during the
early voting period; or
(2) during an early voting period extended from the
fourth day before election day for any number of consecutive days up
to and including the day before election day.
(b) In an election in which a county clerk is the early
voting clerk under Section 83.002, only the early voting clerk may
order extended voting [on a Saturday or Sunday]. The clerk must do
so by written order.
(c) Except as otherwise provided by this section, the [The]
authority ordering extended voting [on a Saturday or Sunday] shall
determine the hours during which voting is to be conducted.
(d) The authority authorized to order extended early voting
[on a Saturday or Sunday] under Subsection (a) or (b) shall order
[the] voting on a Saturday or Sunday under the applicable
subsection on receipt of a written request submitted by at least 15
registered voters of the territory covered by the election. The
request must be submitted in time to enable compliance with Section
85.007. The authority is not required to order the voting on a
particular date specified by the request but shall order the voting
on at least one Saturday if a Saturday is requested and on at least
one Sunday if a Sunday is requested.
(e) In a primary election or the general election for state
and county officers in a county with a population of 55,000 or more,
the early voting clerk shall order voting by personal appearance at
the main early voting polling place to be conducted on the last
Saturday of the early voting period for at least 12 consecutive
hours, except that voting may not be conducted earlier than 6 a.m.
or later than 10 p.m., and on the last Sunday of the early voting
period for at least six consecutive hours, except that voting may
not be conducted earlier than 9 a.m. or later than 10 p.m. The early
voting clerk shall order voting to be conducted at those times in
those elections in a county with a population under 55,000 on
receipt of a written request for those hours submitted by at least
15 registered voters of the county. The request must be submitted
in time to enable compliance with Section 85.007. This subsection
supersedes any provision of this subchapter to the extent of any
conflict.
(f) An authority authorized to order extended early voting
under Subsection (a) or (b) that orders the voting during an
extended early voting period shall order personal appearance voting
at the main early voting polling place to be conducted for at least
12 hours on any weekday or Saturday and for at least five hours on
any Sunday of the extended early voting period.
SECTION 3.16. Sections 85.007(a) and (b), Election Code,
are amended to read as follows:
(a) The election order and the election notice must state:
(1) the date that early voting will begin if under
Section 85.001(d) the early voting period is to begin later than the
prescribed date;
(2) the regular dates and hours that voting will be
conducted under Section 85.005(b); and
(3) the dates and hours that extended voting [on
Saturday or Sunday] is ordered to be conducted under Section
85.006(a).
(b) The early voting clerk shall post notice for each
election stating the dates and hours that extended voting [on a
Saturday or Sunday] is ordered to be conducted under Section
85.006(b).
SECTION 3.17. Section 85.062, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) In an election covered by Subsection (d), a temporary
branch polling place that is movable may be established only with
the approval of the county clerk. If a movable temporary branch
polling place is established on the request of a political party,
each other political party whose nominee for governor in the most
recent gubernatorial general election received more than 10 percent
of the total number of votes received by all candidates for governor
in the election is entitled to establishment of such a polling
place. The election officers serving a polling place covered by
this subsection must be affiliated or aligned with different
political parties to the extent possible. The secretary of state,
after consulting the chair of each affected political party, shall
prescribe the procedures necessary to implement this subsection.
SECTION 3.18. Section 85.064, Election Code, is amended to
read as follows:
Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
POPULOUS COUNTY. (a) This section applies only to an election in
which the territory served by the early voting clerk is situated in
a county with a population of 100,000 or more. In an election in
which the territory served by the clerk is situated in more than one
county, this section applies if the sum of the populations of the
counties is 100,000 or more.
(b) Early voting by personal appearance at each temporary
branch polling place established under Section 85.062(d) shall be
conducted on the days that voting is required to be conducted at the
main early voting polling place under Section 85.005. The
authority establishing the temporary branch polling place shall
determine the hours during which the voting is to be conducted on
those days. The authority shall order voting to be conducted for
the same number of hours that voting is required to be conducted on
those days at the main early voting polling place under Section
85.005 on receipt of a written request for those hours submitted by
at least 15 registered voters of the county. The request must be
submitted in time to enable compliance with Section 85.067 [and
remain open for at least:
[(1) eight hours each day; or
[(2) three hours each day if the city or county clerk
does not serve as the early voting clerk for the territory holding
the election and the territory has fewer than 1,000 registered
voters].
(c) Early voting by personal appearance at a temporary
branch polling place other than a temporary branch polling place
established under Section 85.062(d) may be conducted on any one or
more days and during any hours of the period for early voting by
personal appearance, as determined by the authority establishing
the branch.
(d) The authority authorized under Section 85.006 to order
extended early voting [on a Saturday or Sunday] may also order, in
the manner prescribed by that section, extended early voting to be
conducted [on a Saturday or Sunday] at any one or more of the
temporary branch polling places. In addition, the early voting
clerk of a county covered by Section 85.006(e) shall order such
voting in accordance with that subsection [Section 85.006(e)] at
each temporary branch polling place established under Section
85.062(d).
SECTION 3.19. Subchapter C, Chapter 85, Election Code, is
amended by adding Section 85.065 to read as follows:
Sec. 85.065. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
LESS POPULOUS COUNTY. (a) This section applies only to an election
in which the territory served by the early voting clerk is situated
in a county with a population of less than 100,000. In an election
in which the territory served by the clerk is situated in more than
one county, this section applies if the sum of the populations of
the counties is less than 100,000.
(b) Except as provided by Subsection (c), voting at a
temporary branch polling place may be conducted on any days and
during any hours of the period for early voting by personal
appearance, as determined by the authority establishing the branch.
The authority authorized under Section 85.006 to order extended
early voting may also order, in the manner prescribed by that
section, extended early voting to be conducted at any one or more of
the temporary branch polling places.
(c) Voting at a temporary branch polling place must be
conducted on at least two consecutive business days and for at least
eight consecutive hours on each of those days.
(d) The schedules for conducting voting are not required to
be uniform among the temporary branch polling places.
SECTION 3.20. Section 85.068(a), Election Code, is amended
to read as follows:
(a) The early voting clerk shall post notice for each
election stating any dates and the hours that extended voting [on
Saturday or Sunday] will be conducted under Section 85.064(d) or
85.065(b), if the early voting clerk is a county clerk or city
secretary under Section 83.002 or 83.005.
SECTION 3.21. Section 87.0241, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a
county with a population of 100,000 or more, or conducted jointly
with such a county or conducted with such a county through a
contract for election services, the time the polls close on the
fourth day before election day [end of the period for early voting
by personal appearance].
(b-1) The board may not count early voting ballots voted by
personal appearance after the fourth day before election day until
the end of the extended early voting period.
SECTION 3.22. Section 213.013, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In any recount, a watcher appointed under Section
33.009 may be present.
SECTION 3.23. Section 662.003(b), Government Code, is
amended to read as follows:
(b) A state holiday includes only the following days:
(1) the 19th day of January, "Confederate Heroes Day,"
in honor of Jefferson Davis, Robert E. Lee, and other Confederate
heroes;
(2) the second day of March, "Texas Independence Day";
(3) the 21st day of April, "San Jacinto Day";
(4) the 19th day of June, "Emancipation Day in Texas,"
in honor of the emancipation of the slaves in Texas in 1865;
(5) the 27th day of August, "Lyndon Baines Johnson
Day," in observance of the birthday of Lyndon Baines Johnson;
(6) the Friday after Thanksgiving Day;
(7) the 24th day of December; [and]
(8) the 26th day of December; and
(9) the first Tuesday after the first Monday in
November.
SECTION 3.24. Chapter 276, Election Code, is amended by
adding Section 276.020 to read as follows:
Sec. 276.020. DOOR TO DOOR VOTER REGISTRATION AND POLITICAL
MESSAGING. (a) In this section, "residential unit" includes a
single-family house, a single-family house located in a residential
subdivision or housing development, an apartment, a condominium, or
another unit in a multifamily residential structure.
(b) Except as provided by Subsection (c), a political
subdivision, property owners' association, homeowners'
association, or property manager may not adopt or enforce a rule,
order, ordinance, or policy that prevents an individual from
knocking on the front door of a residential unit, ringing the
doorbell of the unit, or leaving a pamphlet, flier, or other form of
written communication at the unit for the purpose of:
(1) assisting an occupant of the unit with registering
to vote; or
(2) communicating to an occupant of the unit support
or opposition for:
(A) a candidate for nomination or election to
public office or office of a political party;
(B) a political party; or
(C) a measure, as defined by Section 251.001.
(c) A political subdivision, property owners' association,
homeowners' association, or property manager may adopt and enforce
a reasonable restriction on the time, place, or manner of an
activity described by Subsection (b).
(d) A peace officer, as that term is described by Article
2.12, Code of Criminal Procedure, or private party may not prevent
an individual from engaging in an activity described by Subsection
(b) unless the officer or party reasonably believes that the
activity poses a threat to a person or property or is in violation
of a statute, ordinance, order, rule, or policy.
SECTION 3.25. Section 662.021, Government Code, is amended
to read as follows:
Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
only the following days:
(1) a national holiday under Section 662.003(a); and
(2) a state holiday under Sections 662.003(b)(1)
through (6) and Section 662.003(b)(9).
ARTICLE 4. ACCOMMODATING VOTERS
SECTION 4.01. Chapter 81, Election Code, is amended by
adding Section 81.006 to read as follows:
Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
person eligible for early voting by mail under Section 101.001 as a
person described by Section 101.001(2)(A) may cast a ballot using
an accessible absentee mail system, notwithstanding any other
provision of this title.
(b) An accessible absentee mail system must be an electronic
system, including software, used for the sole purpose of enabling
any voter, including a voter who has a disability, to mark the
voter's ballot and print and submit the ballot in the manner
required by law for a ballot marked by the voter.
(c) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
SECTION 4.02. Section 84.032(c), Election Code, is amended
to read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail;
(B) never requested a ballot to be voted by mail;
or
(C) was contacted regarding [received notice of]
a defect under Section 87.0271(b) [or (c)] or 87.0411(b) [or (c)].
SECTION 4.03. Section 86.003, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as provided by Subsection (e) and Section
86.0031, the [The] balloting materials for voting by mail shall be
provided to the voter by mail. A ballot provided by any other method
may not be counted.
(e) If a voter who applies for early voting by mail has a
sickness or physical condition that prevents the voter from
appearing at the polling place on election day without a likelihood
of needing personal assistance or of injuring the voter's health,
or if the voter is expecting to give birth within three weeks before
or after election day, the balloting materials may be provided by
e-mail in PDF format, through a scanned format, or by any other
method of electronic transmission authorized by the secretary of
state. The secretary of state shall adopt procedures to implement
this subsection.
SECTION 4.04. Chapter 86, Election Code, is amended by
adding Section 86.0031 to read as follows:
Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
BALLOT. (a) A voter voting by mail on the ground of absence from
the voter's county of residence may elect to receive the balloting
materials by electronic transmission on the voter's application for
an early voting ballot to be voted by mail.
(b) Balloting materials to be sent by electronic
transmission under this section include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on how to create a ballot envelope and carrier envelope or signature
sheet for the ballot; and
(4) a list of certified write-in candidates, if
applicable.
(c) The balloting materials may be provided by e-mail to the
voter in PDF format, through a scanned format, or by any other
method of electronic transmission authorized by the secretary of
state.
(d) An e-mail address used under this section to request
balloting materials is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. An early
voting clerk shall ensure that a voter's e-mail address provided
under this section is excluded from public disclosure.
(e) The secretary of state shall prescribe procedures to
implement this section.
SECTION 4.05. Section 86.015(c), Election Code, is amended
to read as follows:
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application for a ballot to be voted by
mail received by the clerk; and
(B) each carrier envelope sent to a voter by the
clerk;
(2) for each carrier envelope, record or assign a
serially numbered and sequentially issued barcode or tracking
number that is unique to each envelope;
(3) update the applicable Internet website as soon as
practicable after each of the following events occurs:
(A) receipt by the early voting clerk of the
person's application for a ballot to be voted by mail;
(B) acceptance or rejection by the early voting
clerk of the person's application for a ballot to be voted by mail;
(C) placement in the mail by the early voting
clerk of the person's official ballot;
(D) receipt by the early voting clerk of the
person's marked ballot; and
(E) acceptance or rejection by the early voting
ballot board of a person's marked ballot; and
(4) allow a voter to:
(A) submit a statement of residency;
(B) provide any information with respect to a
witness;
(C) attest to a contested signature or provide a
signature for a carrier envelope certificate; and
(D) correct any other issue with an application
or ballot the secretary of state determines is appropriate to cure
using the online tool described by Subsection (a) [add or correct
information required under Section 84.002(a)(1-a) or Section
86.002(g)].
SECTION 4.06. Section 87.0223(a), Election Code, is amended
to read as follows:
(a) If the early voting clerk has provided a voter a ballot
to be voted by mail by both regular mail and electronic transmission
or e-mail under Subchapter C, Chapter 101, or Chapter 101A, the
clerk may not deliver a jacket envelope containing the early voting
ballot voted by mail by the voter to the board until:
(1) both ballots are returned; or
(2) the deadline for returning marked ballots under
Section 86.007 has passed.
SECTION 4.07. Section 87.0431(a), Election Code, is amended
to read as follows:
(a) Not later than the 10th day after election day, the
presiding judge of the early voting ballot board shall deliver
written notice of the reason for the rejection of a ballot to the
voter at the residence address on the ballot application. If the
ballot was transmitted to the voter by electronic transmission or
e-mail under Subchapter C, Chapter 101, or Chapter 101A, the
presiding judge shall also provide the notice to the e-mail address
to which the ballot was sent.
SECTION 4.08. Subtitle B, Title 7, Election Code, is
amended by adding Chapter 101A to read as follows:
CHAPTER 101A. ELECTRONIC TRANSMISSION OF EARLY VOTING BALLOTING
MATERIALS TO VOTERS WITH A DISABILITY
Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
MATERIALS. (a) A person may request from the appropriate early
voting clerk electronic transmission of balloting materials under
this chapter if the person:
(1) submits an application for an early voting ballot
to be voted by mail; and
(2) either:
(A) has a sickness or physical condition that
prevents the voter from appearing at the polling place on election
day without a likelihood of needing personal assistance or of
injuring the voter's health; or
(B) is expecting to give birth within three weeks
before or after election day.
(b) The early voting clerk shall grant a request made under
this section for the electronic transmission of balloting materials
if:
(1) the requestor has submitted a valid application
for a ballot to be voted by mail;
(2) the requestor indicates on the application that
the requestor meets the requirements under Subsection (a)(2);
(3) the requestor provides an e-mail address with the
request;
(4) the request is submitted on or before the seventh
day before the date of the election; and
(5) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
e-mail address used under this chapter to request balloting
materials is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. An early
voting clerk shall ensure that a voter's e-mail address provided
under this chapter is excluded from public disclosure.
Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
be sent electronically under this chapter for any election in which
the voter who registers under this chapter is eligible to vote.
Sec. 101A.004. BALLOTING MATERIALS TO BE SENT
ELECTRONICALLY. Balloting materials to be sent electronically
under this chapter include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on how to create a carrier envelope or signature sheet for the
ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided to the voter using a method of
electronic transmission authorized by the secretary of state.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 101A.006. FORM OF BALLOT. (a) The balloting materials
provided electronically to a voter must allow a voter with a visual
impairment or print disability to electronically receive and mark
the voter's ballot using screen reader assistive technology.
(b) The secretary of state shall develop instructions
regarding the use and availability of the technology described by
Subsection (a), including instructions on making the technology
available to voters and instructions for counting ballots completed
using the technology.
Sec. 101A.007. RETURN OF BALLOT. (a) A voter who receives
a ballot under this chapter must return the ballot in the same
manner as required under Section 101.057 except that a voter who
completes a signature sheet is not required to complete a carrier
envelope. Except as provided by Chapter 105, the voter may not
return the ballot by electronic transmission.
(b) A ballot that is not returned as required by Subsection
(a) is considered a ballot not timely returned and is not sent to
the early voting ballot board for processing.
(c) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 86.007.
Sec. 101A.008. RULES. The secretary of state may adopt
rules as necessary to implement this chapter.
ARTICLE 5. INDEPENDENT CITIZEN REDISTRICTING COMMISSION
SECTION 5.01. The heading to Title 5, Government Code, is
amended to read as follows:
TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
SECTION 5.02. Title 5, Government Code, is amended by
adding Subtitle C to read as follows:
SUBTITLE C. REDISTRICTING
CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 581.001. DEFINITIONS. In this chapter:
(1) "Census year" means a calendar year in which the
United States decennial census is taken.
(2) "Commission" means the Independent Citizen
Redistricting Commission.
(3) "Immediate family member" means a person's spouse,
parent, child, sibling, in-law, or other individual with whom the
person has a bona fide family relationship established through
blood or legal relation.
(4) "Majority party" means, with respect to a
commission member, the political party with the most total votes
cast in the four statewide primary elections preceding the member's
appointment.
(5) "Minority party" means, with respect to a
commission member, the political party with the second highest
number of total votes cast in the four statewide primary elections
preceding the member's appointment.
(6) "Statewide primary election" means an election
held by a political party to select its nominee for governor or for
president of the United States. The term does not include a runoff
primary election.
Sec. 581.002. REDISTRICTING AUTHORITY. (a) The
Independent Citizen Redistricting Commission exercises the
legislative authority of this state to adopt redistricting plans
establishing or modifying district boundaries for the election of
the members of:
(1) the United States House of Representatives elected
from this state;
(2) the Texas Senate;
(3) the Texas House of Representatives; and
(4) the State Board of Education.
(b) A plan for district boundaries may be established or
modified only by the commission as provided by this chapter.
SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
Sec. 581.051. COMMISSION. (a) Not later than December 31
of each census year, the members of the Independent Citizen
Redistricting Commission shall be appointed and the commission
shall commence the redistricting process for the election of the
members of the United States House of Representatives elected from
this state, the Texas Senate, the Texas House of Representatives,
and the State Board of Education in connection with the census taken
that year.
(b) The commission members shall:
(1) conduct an open and transparent process enabling
full public consideration of, and comment on, the drawing of
district boundaries;
(2) draw district boundaries according to the
redistricting criteria specified in this chapter; and
(3) conduct themselves with integrity and fairness.
(c) The selection process for commission members is
designed to produce a commission that is independent from
legislative influence and reasonably representative of this
state's diversity.
(d) The commission consists of 14 members as follows:
(1) five majority party members, each of whom:
(A) voted in at least two of the statewide
primary elections in the five years preceding the member's
appointment held by the majority party;
(B) did not vote in any of the four statewide
primary elections preceding the member's appointment held by a
political party other than the majority party; and
(C) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot;
(2) five minority party members who:
(A) voted in at least two of the statewide
primary elections in the five years preceding the member's
appointment held by the minority party;
(B) did not vote in any of the four statewide
primary elections preceding the member's appointment held by a
political party other than the minority party; and
(C) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot;
and
(3) four independent members who:
(A) did not vote in any statewide primary
elections in the five years preceding the member's appointment; and
(B) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot.
Sec. 581.052. TERM OF OFFICE. The term of office of each
commission member expires at the time the first commission member
is appointed in the next census year.
Sec. 581.053. QUORUM AND VOTING. Nine commission members
constitute a quorum. The affirmative vote of at least nine
commission members is required for any official commission action.
Each final redistricting map must be approved by the affirmative
vote of at least nine commission members, including at least three
majority party members, at least three minority party members, and
at least three independent members, as provided by Section
581.051(d).
Sec. 581.054. PROHIBITED ACTIVITIES. A commission member
is ineligible for a period of 10 years beginning on the date of
appointment to hold a federal, state, or county office elected from
this state. A commission member is ineligible for a period of five
years beginning on the date of appointment to:
(1) hold an appointed federal office representing this
state;
(2) hold an appointed state or local office in this
state;
(3) serve as a paid employee of or as a paid consultant
to:
(A) a member of the United States Congress
elected from this state;
(B) the legislature; or
(C) a member of the legislature; or
(4) register as a lobbyist in this state.
Sec. 581.055. APPLICATIONS. (a) Not later than January 1
of each census year, the state auditor shall initiate an
application process for commission members.
(b) The process must be open to all registered voters of
this state and promote a diverse and qualified applicant pool.
Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state
auditor shall establish an applicant review panel consisting of
three interested citizens to screen applicants. The state auditor
shall randomly draw the names of three interested citizens from a
pool consisting of all citizens who have applied under procedures
established by the state auditor to serve on the applicant review
panel. The state auditor shall draw until the names of three
interested citizens have been drawn, including:
(1) one who would qualify as a majority party member of
the commission under Section 581.051(d)(1);
(2) one who would qualify as a minority party member of
the commission under Section 581.051(d)(2); and
(3) one who would qualify as an independent member of
the commission under Section 581.051(d)(3).
(b) After the drawing under Subsection (a), the state
auditor shall notify the three citizens whose names have been drawn
that they have been selected to serve on the panel. If any of the
three citizens decline to serve on the panel, the state auditor
shall resume the random drawing until three citizens who meet the
requirements of Subsection (a) have agreed to serve on the panel.
(c) An individual may not serve on the panel if the
individual has a conflict of interest described by Section 581.057.
Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor
shall remove an applicant with a conflict of interest from the
applicant pool, including an applicant:
(1) who at any point during the 10 years preceding the
application date:
(A) was appointed or elected to, or was a
candidate for, federal or state office;
(B) served as an officer, employee, or paid
consultant of a political party or of the campaign committee of a
candidate for elective federal or state office;
(C) served as an elected or appointed member of a
political party's executive committee;
(D) was a registered lobbyist;
(E) served as a paid staff member for the United
States Congress; or
(F) contributed at least $2,000 or the amount
provided by Subsection (b) to any congressional or state candidate
for elective public office in any year;
(2) with an immediate family member who would be
disqualified as an applicant under Subdivision (1); or
(3) who is an employee of, a consultant to, party to a
contract with, or an immediate family member of the governor, a
member of the legislature, or a member of the United States
Congress.
(b) On January 1 of each year ending in the numeral 9, the
contribution amount prescribed by Subsection (a)(1)(F) is
increased or decreased by an amount equal to the amount prescribed
by that paragraph on December 31 of the preceding year multiplied by
the percentage increase or decrease during the preceding decade in
the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
Average, as published by the United States Bureau of Labor
Statistics or its successor in function.
Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
removing individuals with conflicts of interest from the applicant
pool under Section 581.057, the state auditor shall, not later than
August 1 of each census year, publicize the names of individuals in
the applicant pool.
(b) From the applicant pool described by Subsection (a), the
applicant review panel shall select:
(1) a majority subpool consisting of 20 of the most
qualified applicants who would qualify as majority party members
under Section 581.051(d)(1);
(2) a minority subpool consisting of 20 of the most
qualified applicants who would qualify as minority party members
under Section 581.051(d)(2); and
(3) an independent subpool consisting of 20 of the
most qualified applicants who would qualify as independent members
under Section 581.051(d)(3).
(c) The applicant review panel shall select the members of
the applicant subpools based on relevant analytical skills, ability
to be impartial, and appreciation for this state's diverse
demographics and geography.
(d) Not later than October 1 of each census year, the
applicant review panel shall present the members of the applicant
subpools to the caucus leaders of the majority party and minority
party of each house of the legislature as described by Section
581.059.
(e) Before presenting the applicant subpools as provided by
Subsection (d), a member of the applicant review panel may not
communicate with:
(1) a member, or a representative of a member, of the
United States Congress, the Texas Legislature, or the State Board
of Education about any matter related to the selection process; or
(2) a member of the applicant pool.
Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
than November 15 of each census year, the caucus leaders of the
majority party and minority party of each house of the legislature
may each strike up to two applicants from each applicant subpool
under Section 581.058(b), for a total of eight possible strikes per
applicant subpool.
(b) After all strikes have been made as provided by
Subsection (a), the caucus leaders shall present the remaining
members of each applicant subpool to the state auditor.
Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
MEMBERS. Not later than November 20 of each census year, the state
auditor shall select the first eight members of the commission by
randomly drawing:
(1) three applicants from the majority subpool who
were not struck under Section 581.059;
(2) three applicants from the minority subpool who
were not struck under Section 581.059; and
(3) two applicants from the independent subpool who
were not struck under Section 581.059.
Sec. 581.061. APPOINTMENT OF REMAINING COMMISSION MEMBERS.
(a) Not later than December 31 of each census year, the eight
commission members selected under Section 581.060 shall review the
remaining names in each applicant subpool and appoint to the
commission:
(1) two remaining applicants from the majority subpool
who were not struck under Section 581.059;
(2) two remaining applicants from the minority subpool
who were not struck under Section 581.059; and
(3) two remaining applicants from the independent
subpool who were not struck under Section 581.059.
(b) An appointment under Subsection (a) must be approved by
at least five affirmative votes of commission members selected
under Section 581.060, including at least two votes of commission
members drawn from the majority subpool, at least two votes of
commission members drawn from the minority subpool, and at least
one vote of a commission member drawn from the independent subpool.
(c) In making appointments under Subsection (a), the
commission members shall ensure that the commission reflects this
state's diversity, including racial, ethnic, geographic, and
gender diversity. However, the legislature does not intend that
formulas or specific ratios be applied for this purpose.
(d) Appointments under Subsection (a) shall also be made
based on relevant analytical skills and the ability to be
impartial.
SUBCHAPTER C. ORGANIZATION OF COMMISSION
Sec. 581.101. OFFICERS. The commission shall select by a
vote of at least two-thirds of its members one member as chair and
one member as vice chair. The chair and vice chair may not both be
majority party members, minority party members, or independent
members as described by Section 581.051(d).
Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
having been served written notice and provided with an opportunity
for a response, a commission member may be removed by the governor
with the concurrence of two-thirds of the members of the senate for
substantial neglect of duty, gross misconduct in office, or
inability to discharge the duties of office.
(b) A commission member removed for substantial neglect of
duty or gross misconduct in office may be referred to the attorney
general for criminal investigation or to an appropriate
administrative agency for investigation.
Sec. 581.103. VACANCY. (a) A vacancy on the commission
shall be filled, not later than the 30th day after the date the
vacancy occurs, by appointment by the commission of a remaining
applicant who was not struck under Section 581.059 from the same
applicant subpool as the vacating member.
(b) If a vacancy on the commission occurs and no applicant
from the same applicant subpool as the vacating member is available
for appointment to the commission, the state auditor and an
applicant review panel shall solicit and select an appropriate
number of new applicants for the applicable subpool using, to the
extent practicable, the procedures provided by Sections 581.055,
581.056, 581.057, and 581.058(a)-(c) but disregarding the
deadlines provided by those sections. The commission shall fill the
vacancy as soon as practicable by appointment of one of the new
applicants described by this subsection.
Sec. 581.104. BUDGET. The legislature may appropriate to
the state auditor, the secretary of state, and the commission
amounts sufficient to implement the redistricting process required
by this chapter.
SUBCHAPTER D. COMMISSION POWERS AND DUTIES
Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
commission shall establish or modify districts described by Section
581.002 through a mapping process using the following criteria in
the following order of priority:
(1) districts must comply with the United States
Constitution;
(2) districts must achieve population equality as
nearly as is practicable;
(3) districts must comply with the federal Voting
Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
(4) districts must be geographically contiguous;
(5) the geographic integrity of each municipality,
county, local neighborhood, and local community of interest must be
respected in a manner that minimizes its division to the extent
possible without violating the requirements of any of the preceding
subdivisions; and
(6) to the extent practicable and to the extent that
compliance with this subdivision does not preclude compliance with
any of the preceding subdivisions, districts must be drawn to
encourage geographical compactness so that nearby areas of
population are not bypassed for more distant areas of population.
(b) For purposes of Subsection (a)(5), a community of
interest is a contiguous population that shares common social and
economic interests that should be included within a single district
for purposes of that population's effective and fair
representation. Communities of interest may not be determined
based on relationships with political parties, incumbents, or
political candidates.
(c) The place of residence of any incumbent or political
candidate may not be considered in the creation of a map. Districts
may not be drawn for the purpose of favoring or discriminating
against an incumbent, political candidate, or political party.
(d) The mapping process described by Subsection (a) may not
make use of past or current boundary lines when establishing or
modifying districts. The commission shall begin the mapping
process as if no prior districts have been drawn.
(e) Not later than September 15 of each year following a
census year, the commission shall approve a final map that sets
forth the boundary lines of the districts for the election of the
members of the United States House of Representatives, the Texas
Senate, the Texas House of Representatives, and the State Board of
Education elected from this state. On approval, the commission
shall certify each final map to the secretary of state.
(f) The commission shall issue, with the final map, a report
that explains the basis on which the commission made its decisions
in achieving compliance with the criteria listed in Subsection (a)
and shall include definitions of the terms and standards used in
drawing the final map.
(g) If the commission fails to approve a final map with the
vote and by the date required by this section, the secretary of
state shall immediately petition the Texas Supreme Court for an
order directing the appointment of special masters to adjust the
boundary lines of the districts required to be included in that map
in accordance with the redistricting criteria and requirements
provided by Subsections (a), (b), and (c). On approval of the
special masters' map, the Texas Supreme Court shall certify the map
to the secretary of state and the map constitutes the certified
final map for the districts included in the map.
(h) The boundary lines of the districts contained in a
certified final map apply beginning with the next statewide general
election and any corresponding primary elections.
Sec. 581.152. OPEN MEETINGS. (a) The commission is a
governmental body for purposes of Chapter 551.
(b) Notwithstanding Chapter 551, the secretary of state
must post notice on the secretary of state's Internet website of a
meeting of the commission for at least:
(1) 14 days before the date of a meeting, other than a
meeting described by Subdivision (2); or
(2) three days before the date of a meeting held in
September of a year following a census year.
(c) Except in a closed meeting authorized by Subchapter D,
Chapter 551, a member or employee of the commission may not
communicate with or knowingly receive communications about a
redistricting matter from anyone outside of an open meeting.
Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
governmental body for purposes of Chapter 552.
(b) The commission shall post information relating to
redistricting and all data considered by the commission in a manner
that ensures immediate and widespread public access.
Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
commission may hire employees and hire or contract with legal
counsel and consultants as needed in the manner provided by this
section.
(b) The commission must make hiring, removal, or
contracting decisions for employees, legal counsel, and
consultants by the affirmative vote of at least nine members,
including at least three majority party members, at least three
minority party members, and at least three independent members as
described by Section 581.051(d).
(c) The commission shall ensure that at least one of the
legal counsel hired by the commission has demonstrated extensive
experience and expertise in implementing and enforcing the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(d) The commission shall establish for individuals
described by Subsection (a):
(1) clear criteria for hiring and removal;
(2) communication protocols; and
(3) a code of conduct.
(e) To the extent practicable, the commission shall avoid
selecting employees, legal counsel, or consultants who would be
disqualified from commission membership because of a conflict of
interest described by Section 581.057(a).
Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
establish and implement an open hearing process for public input
and deliberation that is subject to public notice and promoted
through a thorough outreach program to solicit broad public
participation in the redistricting public review process.
(b) The hearing process must include hearings to receive
public input before the commission draws any maps and hearings
following the drawing and display of any commission maps. In
addition, the commission shall supplement hearings with other
appropriate activities to further increase opportunities for the
public to observe and participate in the review process.
(c) The commission shall hold a public hearing in each
proposed congressional district and display maps for public comment
in a manner designed to achieve the widest public access reasonably
possible.
(d) The commission shall publicly display a preliminary map
for congressional, state legislative, and State Board of Education
districts and shall accept public comment for at least 14 days after
the date the preliminary map is first publicly displayed. The
commission may not display any other maps for public comment during
that 14-day period.
(e) The commission shall review all public comment and other
testimony received at each hearing and make any necessary revisions
before approving a final map.
(f) The commission shall make an audiovisual recording of
each hearing conducted under this section and ensure the recording
is made publicly available on the legislature's Internet website
with accommodations to increase accessibility not later than 48
hours after the hearing concludes.
Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
standing to defend a legal challenge to a final map certified under
Section 581.151 before a court other than the Texas Supreme Court or
a Texas court of appeals. The legislature may provide adequate
funding and other resources to the commission to defend a certified
final map. The attorney general shall, at the commission's request,
represent the commission in defense of a certified final map. The
commission may, in its sole discretion, retain legal counsel other
than the attorney general to represent the commission in defense of
a certified final map before a court other than the Texas Supreme
Court or a Texas court of appeals.
(b) Any registered voter in this state may file a petition
for a writ of mandamus or writ of prohibition, not later than the
45th day after the date a final map is certified to the secretary of
state, to bar the secretary of state from implementing the map on
the grounds that the map violates the Texas Constitution, the
United States Constitution, or any federal or state statute.
(c) If the court determines that a final certified map
violates the Texas Constitution, the United States Constitution, or
any federal or state statute, the court shall fashion the relief
that the court deems appropriate, including the relief described by
Section 581.151(g).
SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
Following the appointment of new commission members in each census
year, the secretary of state shall provide administrative support
to the commission until the commission's staff and office are fully
functional.
Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
member is entitled to a per diem of $300 or the amount provided by
Subsection (b) for each day the member is engaged in commission
business.
(b) On January 1 of each census year the per diem amount
prescribed by Subsection (a) is increased or decreased by an amount
equal to the amount prescribed by that subsection on December 31 of
the preceding year multiplied by the percentage increase or
decrease during the preceding decade in the Consumer Price Index
for All Urban Consumers (CPI-U), U.S. City Average, as published by
the United States Bureau of Labor Statistics or its successor in
function.
(c) A commission member is eligible for reimbursement of
expenses incurred in connection with the member's performance of
duties under this chapter.
(d) For purposes of calculating expense reimbursement, a
member's residence is considered to be the member's place of
employment.
SECTION 5.03. Section 2058.002(a), Government Code, is
amended to read as follows:
(a) The legislature, the Independent Citizen Redistricting
Commission, or the Legislative Redistricting Board under Section
28, Article III, [Section 28, of the] Texas Constitution, may
officially recognize or act on a federal decennial census before
September 1 of the year after the calendar year during which the
census was taken.
ARTICLE 6. AGE OF VOTER
SECTION 6.01. Section 13.001, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (d) and (e)
to read as follows:
(a) To be eligible for registration as a voter in this
state, a person must:
(1) except as provided by Subsection (d), be 18 years
of age or older;
(2) be a United States citizen;
(3) not have been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) not have been finally convicted of a felony or, if
so convicted, must not currently be incarcerated for that offense
[have:
[(A) fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
[(B) been pardoned or otherwise released from the
resulting disability to vote]; and
(5) be a resident of the county in which application
for registration is made.
(b) Except as provided by Subsection (d), to [To] be
eligible to apply for registration, a person must, on the date the
registration application is submitted to the registrar, be at least
17 years [and 10 months] of age and satisfy the requirements of
Subsection (a) except for age.
(d) A person who will be 18 years of age or older on the date
of the next general election for state and county officers is
eligible to register as a voter in this state for the purposes of
voting in the primary election to determine a political party's
nominees for the general election if the person satisfies the
requirements of Subsection (a) except for age. The secretary of
state shall prescribe procedures necessary to implement this
subsection.
(e) The voter registrar may send a written notice to each
person who registers to vote under Subsection (d) stating that the
person is only eligible to vote in a primary election or runoff
primary election and that the person is not eligible to vote in any
other election until the person is 18 years of age. The notice may
list the elections in which the person is not eligible to vote.
SECTION 6.02. Subchapter A, Chapter 172, Election Code, is
amended by adding Section 172.005 to read as follows:
Sec. 172.005. VOTING BY PERSON UNDER AGE 18. (a)
Notwithstanding Section 11.001, a person may vote in a primary
election if the person:
(1) will be 18 years of age or older on the date of the
subsequent general election for state and county officers; and
(2) satisfies the requirements for being a qualified
voter except for age.
(b) The secretary of state, after consulting with the state
chair of each political party required to make nominations by
primary election, shall prescribe the procedures necessary to
implement this section.
ARTICLE 7. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 7.01. The following provisions of the Election Code
are repealed:
(1) Section 43.007(i);
(2) Section 82.001;
(3) Section 82.002;
(4) Section 82.003;
(5) Section 82.004;
(6) Section 82.008;
(7) Sections 84.002(b), (b-1), and (c);
(8) Section 84.0111;
(9) Sections 86.001(f), (f-1), and (f-2);
(10) Sections 86.002(g) and (h);
(11) Section 87.041(d-1);
(12) Section 112.002(b);
(13) Section 276.016; and
(14) Section 276.017.
SECTION 7.02. The secretary of state shall adopt rules as
required by Section 63.010, Election Code, as added by this Act, not
later than February 1, 2026.
SECTION 7.03. The changes in law made by this Act by adding
Sections 12.007 and 63.010, Election Code, and amending Section
85.031(a), Election Code, apply only to an election for which early
voting by personal appearance begins on or after February 1, 2026.
SECTION 7.04. The change in law made to Section 13.046(h),
Election Code, as amended by this Act, applies beginning with the
2025-2026 school year.
SECTION 7.05. Chapter 581, Government Code, as added by
this Act, applies only in relation to a United States decennial
census taken on or after January 1, 2030. The establishment or
modification of district boundaries in connection with a United
States decennial census taken before that date, including any legal
challenge, is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 7.06. Except as provided by this article, the
changes in law made by this Act apply only to an election ordered on
or after September 1, 2025.
SECTION 7.07. (a) Except as provided by Subsections (b)
and (c) of this section, this Act takes effect September 1, 2025.
(b) Article 5 of this Act takes effect January 1, 2029, but
only if the constitutional amendment proposed by the 89th
Legislature, Regular Session, 2025, establishing an independent
redistricting commission to establish or modify districts for the
election of the members of the United States House of
Representatives elected from this state, the Texas Senate, the
Texas House of Representatives, and the State Board of Education is
approved by the voters. If that proposed constitutional amendment
is not approved by the voters, this Act has no effect.
(c) Article 6 of this Act takes effect on the date on which
the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, authorizing a person who will be 18 years of
age or older on the date of the general election for state and
county officers to vote in the preceding primary election takes
effect. If that amendment is not approved by the voters, this Act
has no effect.