Bill Text: TX HB169 | 2017 | 85th Legislature 1st Special Session | Introduced

Bill Title: Relating to assisting voters and other voting processes and procedures; creating criminal offenses; increasing criminal penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-07-20 - Referred to Elections [HB169 Detail]

Download: Texas-2017-HB169-Introduced.html
  85S10577 ATP-F
 
  By: Fallon H.B. No. 169
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to assisting voters and other voting processes and
  procedures; creating criminal offenses; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.034, Election Code, is amended to
  read as follows:
         Sec. 61.034.  TRANSLATING BALLOT. If a voter cannot
  comprehend the language in which the ballot is printed, the voter
  may receive voting assistance under Section 64.031 [an interpreter
  may accompany the voter to the voting station for the purpose of
  translating the ballot to the voter].
         SECTION 2.  Section 63.012, Election Code, is amended to
  read as follows:
         Sec. 63.012.  UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT
  VOTER. (a)  An election officer commits an offense if the officer
  knowingly:
               (1)  permits an ineligible voter to vote other than as
  provided by Section 63.011; [or]
               (2)  permits an unlawful vote or ineligible ballot to
  be cast in a manner that will be counted; or
               (3)  refuses to accept a person for voting whose
  acceptance is required by this code.
         (b)  An offense under this section is a Class A [B]
  misdemeanor.
         SECTION 3.  Subchapter B, Chapter 64, Election Code, is
  amended by adding Section 64.030 to read as follows:
         Sec. 64.030.  DEFINITIONS.  In this subchapter:
               (1)  "Assistance" includes any activity, other than a
  general procedure or instruction by an election officer, in which a
  person:
                     (A)  communicates with a voter in the presence of
  a ballot regarding the voting of the ballot;
                     (B)  aids a voter by reading or marking the
  ballot; or
                     (C)  takes physical possession of a ballot voted
  by another person.
               (2)  "Disability" means any physical impairment that
  renders a person unable to physically complete or cast a ballot.
         SECTION 4.  Section 64.031, Election Code, is amended to
  read as follows:
         Sec. 64.031.  VOTING [ELIGIBILITY FOR] ASSISTANCE FOR BLIND,
  DISABLED, OR ILLITERATE PERSON. A voter who is unable to read or
  mark the ballot by reason of blindness, disability, or [is eligible
  to receive assistance in marking the ballot, as provided by this
  subchapter, if the voter cannot prepare the ballot because of:
               [(1)     a physical disability that renders the voter
  unable to write or see; or
               [(2)  an] inability to read the language in which the
  ballot is written is eligible for assistance as provided by this
  subchapter.
         SECTION 5.  Sections 64.032(c) and (d), Election Code, are
  amended to read as follows:
         (c)  On the voter's request for assistance indicating a
  reason for eligibility listed under Section 64.031, the voter may
  be assisted by any person selected by the voter other than the
  voter's employer, an agent of the voter's employer, or an officer or
  agent of a labor union to which the voter belongs.  A voter is not
  required to provide further proof of eligibility for assistance in
  order to receive assistance.
         (d)  If assistance is provided by a person of the voter's
  choice, an election officer shall enter the person's name and
  address on the poll list beside the voter's name and shall require
  the assistant to complete a voter assistance affidavit under
  Section 64.034.
         SECTION 6.  Section 64.034, Election Code, is amended to
  read as follows:
         Sec. 64.034.  VOTER ASSISTANCE AFFIDAVIT [OATH].
  (a)  Before a [A] person other than an election officer provides
  [selected to provide] assistance to a voter, the assisting person
  must complete, sign, and submit an affidavit that includes:
               (1)  the assisting person's legal name, residence
  address, and date of birth;
               (2)  the nature of the relationship of the person to the
  voter;
               (3)  the reason for the voter's eligibility to receive
  assistance under Section 64.031;
               (4)  a disclosure of whether the assisting person has
  been compensated in any way or offered or promised any type of
  compensation, political favor, or official act of discretion to
  assist voters; and
               (5)  [must take] the following oath, which must be 
  administered by an election officer at the polling place, before
  providing assistance:
         "I swear (or affirm) under penalty of law that all of the
  above information and affirmations are true and accurate, and that
  I will not suggest, by word, sign, or gesture, how the voter should
  vote nor communicate any opinion regarding any candidate, measure,
  or political party; I will confine my assistance to answering the
  voter's questions about the process of casting the ballot, to
  stating propositions on the ballot, and to naming candidates and,
  if listed, their political parties; I will prepare the voter's
  ballot only as the voter specifically directs; and I am not the
  voter's employer, an agent of the voter's employer, or an officer or
  agent of a labor union to which the voter belongs. I understand it
  is a criminal offense to provide false information in this
  affidavit, to make any record of or divulge any information about
  how a voter has voted, or to in any way influence the independent
  choice of the voter."
         (b)  Before allowing a person to assist a voter under
  Subsection (a), an election officer must:
               (1)  review the voter assistance affidavit form and
  confirm that the form is complete;
               (2)  note on the form the reason provided by the voter
  for eligibility for assistance under Section 64.031;
               (3)  confirm that the assisting person is eligible to
  assist the voter under Section 64.032 based on the answers
  provided; 
               (4)  administer the oath to the assisting person; and
               (5)  sign the voter assistance affidavit attesting that
  the officer has complied with Subdivisions (1)-(4).
         (c)  An election officer commits an offense if the officer
  knowingly fails to comply with any part of Subsection (b). An
  offense under this subsection is a Class A misdemeanor.
         (d)  A person commits an offense if the person knowingly
  provides false information on a voter assistance affidavit. An
  offense under this subsection is a state jail felony.
         (e)  A person commits an offense if the person knowingly
  omits information on an affidavit under this section. An offense
  under this subsection is a Class A misdemeanor.
         (f)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (g)  The secretary of state shall prescribe a form to
  implement this section.
         SECTION 7.  Section 64.036, Election Code, is amended to
  read as follows:
         Sec. 64.036.  UNLAWFULLY ASSISTING OR INFLUENCING A VOTER
  [UNLAWFUL ASSISTANCE]. (a)  A person commits an offense if the
  person knowingly:
               (1)  provides assistance to a voter who is not blind,
  disabled, or unable to read or write [eligible for assistance];
               (2)  while assisting a voter prepares the voter's
  ballot in a way other than the way the voter directs or without
  specific direction from the voter for each selection the assisting
  person marks on the ballot;
               (3)  while assisting a voter suggests by word, sign, or
  gesture how the voter should vote; or
               (4)  provides assistance to a voter who has not
  requested assistance and [or] selected the person to assist the
  voter.
         (b)  A person commits an offense if the person knowingly
  assists a voter in violation of Section 64.032 [64.032(c)].
         (c)  An election officer commits an offense if the officer
  knowingly permits a person to provide assistance:
               (1)  to a voter in violation of this section [who is not
  eligible for assistance]; or
               (2)  in violation of Section 64.032 [64.032(c)].
         (d)  An offense under this section is a state jail felony,
  unless the offense is committed under Subsection (c), in which case
  it is a Class A misdemeanor.
         (e)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that: 
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 8.  Section 84.004(e), Election Code, is amended to
  read as follows:
         (e)  An offense under this section is a Class A [B]
  misdemeanor.
         SECTION 9.  Section 84.0041, Election Code, is amended to
  read as follows:
         Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE
  INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person
  commits an offense if the person:
               (1)  knowingly provides false information on an
  application for [an early voting] ballot by mail;
               (2)  intentionally causes false information to be
  provided on an application for ballot by mail;
               (3)  knowingly submits an application for ballot by
  mail without the knowledge and authorization of the voter; or
               (4)  knowingly alters or provides information on a
  voter's application for ballot by mail without the voter's request.
         (b)  An offense under this section is a state jail felony
  [unless the person is the applicant, is related to the applicant
  within the second degree by affinity or the third degree by
  consanguinity, as determined under Subchapter B, Chapter 573,
  Government Code, or is registered to vote at the same address as the
  applicant, in which event the offense is a Class A misdemeanor].
         (c)  An offense under Subsection (a)(4) does not apply to an
  early voting clerk or deputy early voting clerk who receives and
  marks an application for administrative purposes only.
         (d)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that: 
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 10.  The heading to Section 86.0051, Election Code,
  is amended to read as follows:
         Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
  OTHER THAN VOTER[; OFFENSES].
         SECTION 11.  Section 86.0051, Election Code, is amended by
  amending Subsections (b), (d), and (e) and adding Subsection (f) to
  read as follows:
         (b)  A person other than the voter who assists a voter by
  depositing [deposits] the carrier envelope in the mail or with a
  common or contract carrier or who obtains the carrier envelope for
  that purpose must provide the information required to be provided
  on the certificate [person's signature, printed name, and residence
  address] on the reverse side of the envelope.
         (d)  An offense under this section is a Class A [B]
  misdemeanor, unless it is shown on the trial of an offense under
  this section that the person committed [is convicted of] an offense
  under Section 64.036 for providing unlawful assistance to the same
  voter in connection with the same ballot, in which event the offense
  is a state jail felony.
         (e)  This section does  [Subsections (a) and (c) do] not
  apply if the person is related to the voter [applicant] within the
  second degree by affinity or the third degree by consanguinity, as
  determined under Subchapter B, Chapter 573, Government Code, or was
  physically living in [is registered to vote at] the same dwelling
  [address] as the voter at the time of the event [applicant].
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 12.  Sections 86.006(f), (g), and (g-1), Election
  Code, are amended to read as follows:
         (f)  A person commits an offense if the person knowingly
  possesses an official ballot or official carrier envelope provided
  under this code to another. Unless the person possessed the ballot
  or carrier envelope with intent to defraud the voter or the election
  authority, this subsection does not apply to a person who, on the
  date of the offense, was:
               (1)  related to the voter within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code;
               (2)  physically living in [registered to vote at] the
  same dwelling [address] as the voter;
               (3)  an early voting clerk or a deputy early voting
  clerk;
               (4)  a person who possesses a ballot or [the] carrier
  envelope solely for the purpose of lawfully assisting a voter who
  was eligible for assistance under Section 86.010 and complied fully
  with:
                     (A)  Section 86.010; and
                     (B)  Section 86.0051, if assistance was provided
  only in order to deposit the envelope in the mail or with a common or
  contract carrier [and who provides the information required by
  Section 86.0051(b) in accordance with that section];
               (5)  an employee of the United States Postal Service
  working in the normal course of the employee's authorized duties;
  or
               (6)  a common or contract carrier working in the normal
  course of the carrier's authorized duties if the official ballot is
  sealed in an official carrier envelope that is accompanied by an
  individual delivery receipt for that particular carrier envelope.
         (g)  An offense under Subsection (f) is a Class A misdemeanor
  unless the defendant possessed the ballot or carrier envelope
  without the request of the voter, in which case it is a felony of the
  third degree. If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both [:
               [(1)     a Class B misdemeanor if the person possesses at
  least one but fewer than 10 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a state jail
  felony;
               [(2)     a Class A misdemeanor if the person possesses at
  least 10 but fewer than 20 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a felony of the
  third degree; or
               [(3)     a state jail felony if the person possesses 20 or
  more ballots or carrier envelopes unless the person possesses the
  ballots or carrier envelopes without the consent of the voters, in
  which event the offense is a felony of the second degree].
         (g-1)  An offense under Subsection (g) is increased to the
  next higher category of offense if it is shown on the trial of an
  offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved an individual 65 years of age
  or older; or
               (3)  the defendant committed another offense under this
  section in the same election [When ballots or carrier envelopes are
  obtained in violation of this section pursuant to one scheme or
  continuing course of conduct, whether from the same or several
  sources, the conduct may be considered as one offense and the number
  of ballots or carrier envelopes aggregated in determining the grade
  of the offense].
         SECTION 13.  Section 86.010, Election Code, is amended to
  read as follows:
         Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
  MAIL. (a)  A voter casting a ballot by mail who would be eligible
  under Section 64.031 to receive assistance at a polling place may
  select a person as provided by Section 64.032(c) to assist the voter
  in preparing the ballot.
         (b)  Assistance rendered under this section is limited to
  that authorized by this code at a polling place, except that a voter
  with a disability who is physically unable to deposit the ballot and
  carrier envelope in the mail may also select a person as provided by
  Section 64.032(c) to assist the voter by depositing a sealed
  carrier envelope in the mail.
         (c)  The person assisting the voter must sign and complete a
  written affidavit [oath] prescribed by Section 64.034 that is part
  of the certificate on the official carrier envelope.
         (d)  If a voter is assisted in violation of this section
  [Subsection (a) or (b)], the voter's ballot may not be counted.
         (e)  Before accepting a ballot under this section, an early
  voting clerk must confirm the information provided under Subsection
  (c) following the procedure described by Section 64.034(b)  [A
  person who assists a voter to prepare a ballot to be voted by mail
  shall enter the person's signature, printed name, and residence
  address on the official carrier envelope of the voter].
         (f)  A person who assists a voter commits an offense if the
  person knowingly fails to provide the information on the official
  carrier envelope [as] required by Subsection (c) [(e)].
         (g)  An offense under this section is a [Class A misdemeanor
  unless the person is convicted of an offense under Section 64.036
  for providing unlawful assistance to the same voter, in which event
  the offense is a] state jail felony.
         (h)  Subsection (c) or (f) does not apply if the person is
  related to the voter [applicant] within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code, or was physically
  living in [is registered to vote at] the same dwelling [address] as
  the voter at the time of the event [applicant].
         (i)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (j)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 14.  The heading to Section 86.0105, Election Code,
  is amended to read as follows:
         Sec. 86.0105.  PAID VOTE HARVESTING ACTIVITY [COMPENSATION
  FOR ASSISTING VOTERS PROHIBITED].
         SECTION 15.  Sections 86.0105(a), (b), and (c), Election
  Code, are amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  compensates or offers to compensate another person
  for collecting mail ballots or assisting voters [as provided by
  Section 86.010,] as part of any performance-based compensation
  scheme based on the number of ballots collected or voters assisted
  or in which another person is presented with a quota of ballots to
  be collected or voters to be assisted [as provided by Section
  86.010];
               (2)  engages in another practice that causes another
  person's compensation from or employment status with the person to
  be dependent on the number of ballots collected or voters assisted
  [as provided by Section 86.010]; or
               (3)  [with knowledge that accepting compensation for
  such activity is illegal,] accepts compensation or an offer of
  compensation for an activity described by Subdivision (1) or (2).
         (b)  Except as provided by Subsection (c), an offense under
  this section is a Class A misdemeanor [punishable by:
               [(1)     confinement in jail for a term of not more than
  one year or less than 30 days; or
               [(2)     confinement described by Subdivision (1) and a
  fine not to exceed $4,000].
         (c)  An offense under this section is increased to the next
  higher category of offense [a state jail felony] if it is shown on
  the trial of an offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense [two or
  more times] under this section in the same election.
         SECTION 16.  Section 86.013(d), Election Code, is amended to
  read as follows:
         (d)  The following textual material, as prescribed by the
  secretary of state, must be printed on the reverse side of the
  official carrier envelope or on a separate sheet accompanying the
  carrier envelope when it is provided:
               (1)  the prohibition prescribed by Section 86.006(b);
               (2)  the conditions for delivery by common or contract
  carrier prescribed by Sections 81.005 and 86.006;
               (3)  the requirements for the legal execution and
  delivery of the carrier envelope, including the prohibition on
  compensation for depositing carrier envelopes containing ballots
  voted by other persons under Section 86.0105 [86.0052];
               (4)  the prohibition prescribed by Section 86.006(e);
  and
               (5)  the offenses prescribed by Sections 86.006(f) and
  86.010(f).
         SECTION 17.  Section 87.041, Election Code, is amended by
  amending Subsections (b) and (e) and adding Subsection (g) to read
  as follows:
         (b)  A ballot may be accepted only if:
               (1)  the carrier envelope certificate is properly
  executed in compliance with Sections 86.006 and 86.010;
               (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;
               (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
               (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.
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with any two or more
  signatures of the voter made within the preceding six years and on
  file with the voter registrar to confirm that the signatures are
  those of the same person [but may not use the signatures to
  determine that the signatures are not those of the same person].
         (g)  A person commits an offense if the person intentionally
  accepts a ballot or causes a ballot to be accepted for voting that
  does not meet the requirements of Subsection (b). An offense under
  this subsection is a Class A misdemeanor.
         SECTION 18.  Section 87.0431, Election Code, is amended to
  read as follows:
         Sec. 87.0431.  NOTICE OF REJECTED BALLOT. (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 e-mail under Subchapter C, Chapter 101, the
  presiding judge shall also provide the notice to the e-mail address
  to which the ballot was sent.
         (b)  The presiding judge shall, not later than the 10th day
  after election day, deliver written notice to the attorney general,
  including certified copies of the carrier envelope and
  corresponding ballot application, of any ballot rejected because:
               (1)  the voter was deceased;
               (2)  the voter already voted in person in the same
  election;
               (3)  the signatures on the carrier envelope and ballot
  application were not executed by the same person;
               (4)  the carrier envelope certificate lacked a witness
  signature; or
               (5)  the carrier envelope certificate was improperly
  executed by an assistant.
         SECTION 19.  Section 86.0052, Election Code, is repealed.
         SECTION 20.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 21.  This Act takes effect December 1, 2017.

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