Bill Text: TX HB3107 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to election practices and procedures.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3107 Detail]

Download: Texas-2021-HB3107-Enrolled.html

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H.B. No. 3107

AN ACT
relating to election practices and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.007(c), Election Code, is amended to
read as follows:
(c) A delivery, submission, or filing of a document or paper
under this code may be made by personal delivery, mail, telephonic
facsimile machine, e-mail, or any other method of transmission.
SECTION 2. Section 2.002, Election Code, is amended by
amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) Not later than the fifth day after the date the
automatic recount required by Subsection (i) is completed or the
final canvass following the automatic recount is completed, if
applicable, the authority responsible for ordering the first
election shall order the second election. The second election
shall be held not earlier than the 20th day or later than the 45th
[30th] day after the date the automatic recount required by
Subsection (i) is completed or the final canvass following the
automatic recount is completed, if applicable.
(j) If the recount does not resolve the tie, the tied
candidates may:
(1) cast lots not later than the day before the date
the authority must order the second election under Subsection (b);
or
(2) withdraw from the election not later than 5 p.m. of
the day after the date the automatic recount is held.
SECTION 3. Section 2.022(b), Election Code, is amended to
read as follows:
(b) Sections 2.023, 2.025, and 2.028 supersede a law outside
this subchapter to the extent of any conflict.
SECTION 4. Section 2.025(d), Election Code, is amended to
read as follows:
(d) A runoff election for a special election to fill a
vacancy in Congress or a special election to fill a vacancy in the
legislature, except an election ordered as an emergency election
under Section 41.0011 or an election held as an expedited election
under Section 203.013, [to which Section 101.104 applies] shall be
held not earlier than the 70th day or later than the 77th day after
the date the final canvass of the main election is completed.
SECTION 5. Section 2.028(c), Election Code, is amended to
read as follows:
(c) A tying candidate may resolve the tie by filing with the
presiding officer of the final canvassing authority a written
statement of withdrawal signed and sworn to [acknowledged] by the
candidate. If the statement of withdrawal is received before the
automatic recount is conducted, the remaining candidate is the
winner, and the automatic recount is not conducted. If the
statement of withdrawal is received not later than 5 p.m. the day
after the date the automatic recount is conducted [On receipt of the
statement of withdrawal], the remaining candidate is the winner,
and a casting of lots is not held.
SECTION 6. Section 2.051(b), Election Code, is amended to
read as follows:
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit if each
candidate for an office that is to appear on the ballot in that
territorial unit is unopposed and no [at-large proposition or]
opposed at-large race is to appear on the ballot. This subchapter
applies to an unopposed at-large race in such an election
regardless of whether an opposed race is to appear on the ballot in
a particular territorial unit.
SECTION 7. Section 3.005(d), Election Code, is amended to
read as follows:
(d) Except as provided by Subsection (c), an [An] election
under Section 26.08, Tax Code, to ratify a tax rate adopted by the
governing body of a school district under Section 26.05(g) of that
code shall be ordered not later than the 30th day before election
day.
SECTION 8. Section 4.003(c), Election Code, is amended to
read as follows:
(c) In addition to any other notice given, notice of an
election ordered by the governor, by a county authority,
[commissioners court] or by an authority of a city or school
district must be given by the method prescribed by Subsection
(a)(1).
SECTION 9. Section 4.004(a), Election Code, is amended to
read as follows:
(a) The notice of a general or special election must state:
(1) the nature and date of the election;
(2) except as provided by Subsection (c), the location
of each polling place;
(3) the hours that the polls will be open; [and]
(4) the Internet website of the authority conducting
the election; and
(5) any other information required by other law.
SECTION 10. 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 [include with the person's application]:
(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
acceptable under Section 63.0101.
SECTION 11. Section 13.004(c), Election Code, as amended by
Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) [an indication that an applicant is interested in
working as an election judge;
[(5)] the residence address of the applicant, if the
applicant is a federal judge or state judge, the spouse of a federal
judge or state judge, the spouse of a peace officer as defined by
Article 2.12, Code of Criminal Procedure, or an individual to whom
Section 552.1175, Government Code, or Section 521.1211,
Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge or state judge or
the spouse of a federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision, if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(5) [(6)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(6) [(7)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(7) [(8)] the residence address of the applicant, if
the applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059, Code of Criminal Procedure; or
(8) [(9)] the telephone number of any applicant
submitting documentation under Subdivision (4), (5), (6), or (7)[,
or (8)].
SECTION 12. Section 13.072(d), Election Code, is amended to
read as follows:
(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received [and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received]. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
SECTION 13. Section 13.142(a), Election Code, is amended to
read as follows:
(a) After approval of a registration application, the
registrar shall:
(1) prepare a voter registration certificate [in
duplicate] and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 14. Section 13.143(d-2), Election Code, is amended
to read as follows:
(d-2) For a registration application submitted by
telephonic facsimile machine to be effective, a copy of the
original registration application containing the voter's original
signature must be submitted by personal delivery or mail and be
received by the registrar not later than the fourth business day
after the transmission by telephonic facsimile machine is received.
SECTION 15. Section 15.001(a), Election Code, is amended to
read as follows:
(a) Each voter registration certificate issued must
contain:
(1) the voter's name in the form indicated by the
voter, subject to applicable requirements prescribed by Section
13.002 and by rule of the secretary of state;
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the location of the voter's residence;
(3) the [month, day, and] year of the voter's birth;
(4) the number of the county election precinct in
which the voter resides;
(5) the voter's effective date of registration if an
initial certificate;
(6) the voter's registration number;
(7) an indication of the period for which the
certificate is issued;
(8) a statement explaining the circumstances under
which the voter will receive a new certificate;
(9) a space for stamping the voter's political party
affiliation;
(10) a statement that voting with the certificate by a
person other than the person in whose name the certificate is issued
is a felony;
(11) a space for the voter's signature;
(12) a statement that the voter must sign the
certificate personally, if able to sign, immediately on receipt;
(13) a space for the voter to correct the information
on the certificate followed by a signature line;
(14) the statement: "If any information on this
certificate changes or is incorrect, correct the information in the
space provided, sign below, and return this certificate to the
voter registrar.";
(15) the registrar's mailing address and telephone
number; and
(16) the jurisdictional or distinguishing number for
the following territorial units in which the voter resides, as
determined by the voter registrar:
(A) congressional district;
(B) state senatorial district;
(C) state representative district;
(D) commissioners precinct;
(E) justice precinct;
(F) city election precinct; and
(G) school district election precinct.
SECTION 16. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of any affidavits executed under
Section 63.006, following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; [or]
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) after notification of a data entry error of which
the voter registrar is made aware under Section 63.0051.
SECTION 17. Section 15.023, Election Code, is amended to
read as follows:
Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
If the name of a voter [whose residence is changed] on the list of
registered voters [registration records to another county election
precinct in the same county] appears on the suspense list, the
voter's name shall be deleted from the list on the date the voter
provides:
(1) a completed application to register to vote in
accordance with Section 13.002; or
(2) a correction of information under Section
15.021(d) [voter's registration in the precinct of new residence
becomes effective].
SECTION 18. Section 15.051(d), Election Code, is amended to
read as follows:
(d) The registrar shall maintain with the voter's record an
indication that a confirmation notice was sent to the voter [a list
of the confirmation notices mailed to voters, which for each notice
must include the voter's name and the date the notice is mailed.
The registrar shall maintain and retain the list in accordance with
rules prescribed by the secretary of state].
SECTION 19. Section 15.053(a), Election Code, is amended to
read as follows:
(a) The [Not later than the 30th day after the date a
confirmation notice is mailed, the] voter shall submit to the
registrar a written, signed response to the notice that confirms
the voter's current residence. The response must contain all of the
information that a person must include in an application to
register to vote under Section 13.002.
SECTION 20. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The [fee for each] list shall be provided in accordance
with Chapter 552, Government Code [or portion of a list furnished
under this section may not exceed the actual expense incurred in
reproducing the list or portion for the person requesting it and
shall be uniform for each type of copy furnished. The registrar
shall make reasonable efforts to minimize the reproduction
expenses].
SECTION 21. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b), [or] 15.021, or
18.0681(d) or a response under Section 15.053 that the voter's
residence is outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 22. Section 16.032, Election Code, is amended to
read as follows:
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
PERIOD. If on November 30 following the second general election for
state and county officers that occurs after the date the voter's
name is entered on the suspense list a registered voter's name
appears on the suspense list, the registrar shall cancel the
voter's registration unless the name is to be deleted from the list
under Section 15.022 or 15.023.
SECTION 23. Section 16.0921(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (c), on the filing of a
sworn statement under Section 16.092 alleging a ground based on
residence, the registrar shall promptly deliver to the voter whose
registration is challenged a confirmation notice in accordance with
Section 15.051, unless the residential address provided in the
challenge for the voter is different from the voter's current
residential address indicated on the registration records.
SECTION 24. Section 18.002(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 25. Section 18.003(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 26. Section 18.005(a), Election Code, is amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, date of birth, and
registration number as provided by the statewide computerized voter
registration list;
(2) contain the voter's residence address, except as
provided by Subsections (b) and (c) [or Section 18.0051];
(3) be arranged alphabetically by voter name; and
(4) contain the notation required by Section 15.111.
SECTION 27. Sections 18.061(b) and (d), Election Code, are
amended to read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; and
(3) be available to any county election official in
the state through immediate electronic access.
(d) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation and maintenance of the statewide computerized voter
registration list. The secretary shall use funds collected under
the contracts to defray expenses incurred in implementing and
maintaining the statewide computerized voter registration list.
SECTION 28. Section 18.0681(d), Election Code, is amended
to read as follows:
(d) If the secretary of state determines that a voter on the
registration list has more than one registration record on file
based on a strong match, the secretary shall send notice of the
determination to the voter registrar of the [each] county with the
oldest registration record in which the voter is registered to
vote. If the voter records identified are:
(1) located in the same county, the voter registrar
may merge the records following a determination that each record
belongs to the same voter using the procedure for the correction of
registration records under Section 15.022; or
(2) located in more than one county, the registrar of
the county with the oldest record may deliver a written
confirmation notice in accordance with Section 15.051 or cancel the
registration of the voter in accordance with Section 16.031(a)(1),
provided that the voter's record in the county with the newest
registration record is not on the suspense list.
SECTION 29. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the general
custodian of election records [registrar] shall electronically
submit to the secretary of state the record of each voter
participating in the election. The record must include a notation
of whether the voter voted on election day, voted early by personal
appearance, voted early by mail under Chapter 86, or voted early by
mail under Chapter 101.
SECTION 30. The heading to Section 31.005, Election Code,
is amended to read as follows:
Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT.
SECTION 31. Section 31.005, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The secretary of state may order [If the secretary
determines that] a person performing official functions in the
administration of any part of the electoral processes to correct
offending conduct if the secretary determines that the person is
exercising the powers vested in that person in a manner that:
(1) impedes the free exercise of a citizen's voting
rights; or
(2) unless acting under an order of a court of
competent jurisdiction, delays or cancels an election that the
person does not have specific statutory authority to delay or
cancel.
(c)[, the secretary may order the person to correct the
offending conduct.] If a [the] person described by Subsection (b)
fails to comply with an order from the secretary of state under this
section, the secretary may seek enforcement of the order by a
temporary restraining order or a writ of injunction or mandamus
obtained through the attorney general.
SECTION 32. Section 31.093(a), Election Code, is amended to
read as follows:
(a) Subject to Section 41.001(d), if [If] requested to do so
by a political subdivision, the county elections administrator
shall enter into a contract to furnish the election services
requested, in accordance with a cost schedule agreed on by the
contracting parties.
SECTION 33. Section 31.096, Election Code, is amended to
read as follows:
Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election
services contract may not change:
(1) the authority with whom applications of candidates
for a place on a ballot are filed;
(2) the authority with whom documents are filed under
Title 15; or
(3) the political subdivision's requirement to
maintain office hours under Section 31.122 [authority to serve as
custodian of voted ballots or other election records, except that a
contract with a political subdivision other than a city may provide
that the county election officer will be the custodian of voted
ballots].
SECTION 34. Section 31.124(a), Election Code, is amended to
read as follows:
(a) A county election officer of each county shall hold a
meeting with the county chair of each political party to discuss, as
appropriate, the following for each primary election or general
election for state and county officers:
(1) the lists provided by each political party under
Section 85.009;
(2) the lists provided by each political party under
Section 87.002(c); [and]
(3) the implementation of Subchapters A, B, C, and D,
Chapter 87; and
(4) holding a joint primary, entering into an election
services contract, and polling place locations.
SECTION 35. Section 32.114(a), Election Code, is amended to
read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. The training
program must include specific procedures related to the early
voting ballot board and the central counting station, as
applicable. Each election clerk shall complete the part of the
training program relating to the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 36. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
watcher serving at the meeting place of an early voting ballot board
or signature verification committee may be present at any time the
board or committee is processing or counting ballots and until the
board or committee completes its duties. The watcher may serve
during the hours the watcher chooses, except as provided by
Subsection (b).
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
recorded any votes cast on voting machines or counted any ballots,
unless the board has completed its duties and has been dismissed by
the presiding judge.
SECTION 37. Sections 41.001(a) and (b), Election Code, are
amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in May in an odd-numbered year;
(2) the first Saturday in May in an even-numbered
year, for an election held by a political subdivision other than a
county, or ordered by the governor; or
(3) the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election to resolve a tie vote;
(3) an election held under an order of a court or other
tribunal;
(4) an emergency election ordered under Section
41.0011 or any resulting runoff;
(5) an expedited election to fill a vacancy in the
legislature held under Section 203.013;
(6) an election held under a statute that expressly
provides that the requirement of Subsection (a) does not apply to
the election; or
(7) the initial election of the members of the
governing body of a newly incorporated city.
SECTION 38. Sections 43.007(a) and (m), Election Code, are
amended to read as follows:
(a) The secretary of state shall implement a program to
allow each commissioners court participating in the program to
eliminate county election precinct polling places and establish
countywide polling places for:
(1) any election required to be conducted by the
county [each general election for state and county officers];
(2) any election held as part of a joint election
agreement with a county under Chapter 271 [each election held on the
uniform election date in May and any resulting runoff];
(3) any election held under contract for election
services with a county under Subchapter D, Chapter 31 [each
election on a proposed constitutional amendment];
(4) each primary election and runoff primary election
if:
(A) the county chair or county executive
committee of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair or county executive
committee of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(5) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision [(1), (2),] (3)[,] or (4).
(m) In adopting a methodology under Subsection (f), the
county must ensure that:
(1) each county commissioners precinct contains at
least one countywide polling place; and
(2) the total number of [permanent branch and
temporary branch] polling places open for voting in a county
commissioners precinct does not exceed more than twice the number
of [permanent branch and temporary branch] polling places in
another county commissioners precinct.
SECTION 39. Section 52.070, Election Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsection (f) to
read as follows:
(a) A shape [square] for voting shall be printed to the left
of each candidate's name on a ballot.
(b) Immediately below "OFFICIAL BALLOT," the following
instruction shall be printed: "Vote for the candidate of your
choice in each race by placing an 'X' or filling in the shape
[square] beside the candidate's name."
(e) A shape [square] shall be printed to the left of each
line provided for write-in voting under Section 52.066(c), but
failure to place a mark in the shape [square] does not affect the
counting of a write-in vote.
(f) Any variation from this instruction must be approved by
the secretary of state.
SECTION 40. Section 52.094(d), Election Code, is amended to
read as follows:
(d) The [For an election held at county expense or a city
election, on receipt of a candidate's written request accompanied
by a stamped, self-addressed envelope, the authority conducting the
drawing shall mail written notice of the date, hour, and place of
the drawing to the candidate. For an election held by any other
political subdivision, the] authority conducting the drawing shall
provide [mail written] notice of the date, hour, and place of the
drawing to each candidate by:
(1) written notice:
(A) mailed to[, at] the address stated on the
candidate's application for a place on the ballot, not later than
the fourth day before the date of the drawing; or
(B) provided at the time the candidate files an
application with the appropriate authority;
(2) telephone, if a telephone number is provided on
the candidate's application for a place on the ballot; or
(3) e-mail, if an e-mail address is provided on the
candidate's application for a place on the ballot.
SECTION 41. Section 63.0011, Election Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The statement described by Subsection (c) must
include a field for the voter to enter the voter's current county of
residence.
SECTION 42. Chapter 63, Election Code, is amended by adding
Sections 63.005 and 63.0051 to read as follows:
Sec. 63.005. REGISTRATION OMISSIONS LIST. (a) A
registration omissions list shall be maintained by an election
officer at the polling place.
(b) With respect to each voter who is accepted for voting
but whose name is not on the list of registered voters for the
precinct in which the voter is accepted, the election officer shall
record:
(1) the voter's name, residence address, and voter
registration number, if known; and
(2) a notation of the section of this code under which
the voter is accepted that provides for accepting voters who are not
on the list.
Sec. 63.0051. CONFIRMING REGISTRATION STATUS OF VOTER. (a)
If the name of a voter who is offering to vote is not on the precinct
list of registered voters, an election officer may contact the
voter registrar regarding the voter's registration status.
(b) If the election officer determines the voter is a
registered voter of the territory covered by the election but is
offering to vote in the incorrect precinct, the election officer
shall provide the correct precinct location information to the
voter.
(c) Notwithstanding Section 63.009, a voter shall be
accepted for voting if the voter's identity has been verified from
documentation as required by Section 63.001(b) and it can be
determined from the voter registrar that:
(1) the voter's registration was improperly canceled
and has been reinstated under Section 16.037;
(2) an error in the voter registration record caused
the voter's name to not appear on the list of registered voters, and
the error has been corrected under Section 15.022; or
(3) the voter's name has been inadvertently left off
the list of registered voters for the precinct.
(d) After the voter is accepted under Subsection (c), an
election officer shall enter the voter's name on the registration
omissions list.
(e) The voter shall be accepted for provisional voting under
Section 63.011 if the election officer cannot determine that the
voter is a registered voter of the territory covered by the election
in which the voter is offering to vote.
SECTION 43. Section 65.052, Election Code, is amended to
read as follows:
Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of
state shall prescribe procedures by which the voter registrar of
the county in which a provisional ballot is cast shall provide
assistance to the early voting ballot board in executing its
authority under this subchapter. In an election described by
Section 65.051(a-1), the procedures must allow for 10 [seven]
calendar days for the voter registrar to review a provisional
voter's eligibility.
SECTION 44. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0581 to read as follows:
Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING
RECORDS. Provisional voting records are not available for public
inspection until the first business day after the date the early
voting ballot board completes the verification and counting of
provisional ballots under Section 65.051 and delivers the
provisional ballots and other provisional voting records to the
general custodian of election records.
SECTION 45. Chapter 82, Election Code, is amended by adding
Section 82.008 to read as follows:
Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified
voter is eligible for early voting by mail if, at the time the
voter's early voting ballot application is submitted, the voter is
a person 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.
SECTION 46. Section 83.010, Election Code, is amended to
read as follows:
Sec. 83.010. PUBLIC NOTICE OF CLERK'S MAILING ADDRESS. An
election order and the election notice must state the early voting
clerk's official mailing address or street address at which the
clerk may receive delivery by common or contract carrier, if
different, phone number, e-mail address, and Internet website, if
the early voting clerk has an Internet website[, except for an
election in which a county clerk or city secretary is the early
voting clerk under Section 83.002 or 83.005].
SECTION 47. 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;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
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
on the ground of confinement in jail, 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
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 48. Section 84.007(e), Election Code, is amended to
read as follows:
(e) The early voting clerk shall designate an e-mail address
for receipt of an application under Subsection (b)(4). The
secretary of state shall include the e-mail address designated by
each early voting clerk [addresses] on the secretary of state's
website.
SECTION 49. Section 84.008(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this code, an [An]
applicant for a ballot to be voted by mail may submit the
application by delivering it in person to the early voting clerk if
the application is submitted not later than the deadline provided
by Section 84.007(c) [close of regular business in the clerk's
office on the day before the first day of the period for early
voting by personal appearance].
SECTION 50. 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; 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 the date
on or after which the applicant can receive mail at the address
outside the county;
(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 a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant 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 applying on
the ground of confinement in jail or 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 (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 51. Section 85.004, Election Code, is amended to
read as follows:
Sec. 85.004. PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
The election order and the election notice must designate and state
the location of the main early voting polling place.
SECTION 52. Section 85.007(d), Election Code, is amended to
read as follows:
(d) Any notice required under this section must also be
posted:
(1) on the Internet website of the authority ordering
the election, if the authority maintains a website; and
(2) for a primary election or the general election for
state and county officers, by the secretary of state on the
secretary's Internet website.
SECTION 53. Section 85.062(d), Election Code, is amended to
read as follows:
(d) In a primary election, the general election for state
and county officers, or a special election to fill a vacancy in the
legislature or in congress:
(1) the commissioners court of a county with a
population of 400,000 or more shall establish one or more early
voting polling places other than the main early voting polling
place in each state representative district containing territory
covered by the election, except that the polling place or places
shall be established in the state senatorial or congressional
district, as applicable, in a special election to fill a vacancy in
the office of state senator or United States representative;
(2) the commissioners court of a county with a
population of 120,000 or more but less than 400,000 shall establish
one or more early voting polling places other than the main early
voting polling place in each commissioners precinct containing
territory covered by the election; and
(3) the early voting clerk [commissioners court] of a
county with a population of 100,000 or more but less than 120,000
shall establish one or more early voting polling places as
described by Subdivision (2) in each precinct for which the early
voting clerk [commissioners court] receives in time to enable
compliance with Section 85.067 a written request for that action
submitted by at least 15 registered voters of that precinct.
SECTION 54. The heading to Section 85.064, Election Code,
is amended to read as follows:
Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN
POPULOUS COUNTY.
SECTION 55. Section 85.064, Election Code, is amended by
adding Subsection (a) to read as follows:
(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.
SECTION 56. 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 under 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 under 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 early voting
on a Saturday or Sunday may also order, in the manner prescribed by
that section, early voting to be conducted on a Saturday or Sunday
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 57. 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 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 58. Section 86.0015(c), Election Code, is amended
to read as follows:
(c) In an election of a political subdivision located in a
county in which the county clerk is not the early voting clerk, the
county clerk shall provide the early voting clerk of the political
subdivision that is holding the election a list of voters in the
portion of the political subdivision located in the county who have
ballot applications on file under this section along with copies of
the applications submitted by those voters. The early voting clerk
shall provide a ballot to be voted by mail to each voter on the list
for whom the early voting clerk received a copy of an application
submitted under this section.
SECTION 59. Section 86.002(f), Election Code, is amended to
read as follows:
(f) The clerk shall include with the balloting materials:
(1) a notice of the clerk's physical address for
purposes of return by common or contract carrier or personal
delivery in accordance with Section 86.006(a-1); and
(2) the list of declared write-in candidates for the
election, if applicable.
SECTION 60. Sections 86.003(c) and (d), Election Code, are
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 ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence;
(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4); [or]
(3) 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) 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)(7).
(d) If the applicable address specified in a voter's
application is an address other than that prescribed by Subsection
(c) or subject to Section 86.002(a), the voter's application shall
be rejected in accordance with Section 86.001(c).
SECTION 61. Section 86.009, Election Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Except as provided by Subsection (f), a [A] voter's
defective ballot that is timely returned to the clerk as a marked
ballot shall be treated as:
(1) a marked ballot not timely returned if the
corrected ballot is timely returned as a marked ballot by the close
of the polls on election day; or
(2) as the voter's ballot for the election if the
corrected ballot is not timely returned by the close of the polls on
election day.
(f) A ballot to be voted by mail under Chapter 101 corrected
under this section may be counted if it is timely returned as
required by Section 101.057.
SECTION 62. Section 87.0222(a), Election Code, is amended
to read as follows:
(a) Notwithstanding Section 87.024, 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 jacket
envelopes containing the early voting ballots voted by mail may be
delivered to the board between the end of the ninth day before the
last day of the period for early voting by personal appearance and
the closing of the polls on election day, or as soon after closing
as practicable, at the time or times specified by the presiding
judge of the board.
SECTION 63. Section 87.0241(b), Election Code, is amended
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 end of the period for early
voting by personal appearance.
SECTION 64. Section 101.001, Election Code, is amended to
read as follows:
Sec. 101.001. ELIGIBILITY. A person is eligible for early
voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member;
(B-1) a member of the Texas National Guard or the
National Guard of another state or a member of a reserve component
of the armed forces of the United States serving on active duty
under an order of the president of the United States or activated on
state orders, or the spouse or dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
SECTION 65. Section 101.003(1), Election Code, is amended
to read as follows:
(1) "Federal postcard application" means an
application for a ballot to be voted under this chapter submitted on
the official federal form prescribed under the federal Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301
through 20311) [(42 U.S.C. Section 1973ff et seq.)].
SECTION 66. Section 101.008, Election Code, is amended to
read as follows:
Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
secretary of state, in coordination with county [local] election
officials, shall implement an electronic free-access system by
which a person eligible for early voting by mail under this chapter
or Chapter 114 may determine by telephone, by e-mail, or over the
Internet whether:
(1) the person's federal postcard application or other
registration or ballot application has been received and accepted;
and
(2) the person's ballot has been received and the
current status of the ballot.
SECTION 67. Sections 101.052(a-1) and (c), Election Code,
are amended to read as follows:
(a-1) A federal postcard application must be submitted by:
(1) mail; [or]
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state;
(3) in-person delivery in accordance with Section
84.008; or
(4) common or contract carrier.
(c) An application is considered submitted in the following
calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election [A federal postcard application
requesting a ballot for an election to be held in January or
February may be submitted in the preceding calendar year but not
earlier than the earliest date for submitting a regular application
for a ballot to be voted by mail].
SECTION 68. Section 101.054(c), Election Code, is amended
to read as follows:
(c) An application shall be treated as if it requests a
ballot for a runoff election that results from an election for which
a ballot is requested, including a runoff election that occurs in
the next calendar year.
SECTION 69. Section 101.056(a), Election Code, is amended
to read as follows:
(a) The balloting materials provided under this subchapter
shall be airmailed to the voter free of United States postage, as
provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], in an envelope labeled "Official Election
Balloting Material - via Airmail." The secretary of state shall
provide early voting clerks with instructions on compliance with
this subsection.
SECTION 70. Section 101.057(b), Election Code, is amended
to read as follows:
(b) A ballot voted by a voter described by Section
101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
arrives at the address on the carrier envelope not later than the
sixth day after the date of the election, except that if that date
falls on a Saturday, Sunday, or legal state or national holiday,
then the deadline is extended to the next regular business day.
SECTION 71. Section 101.058, Election Code, is amended to
read as follows:
Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this subchapter shall
be prepared so that it can be mailed free of United States postage,
as provided by the federal Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301 through 20311) [(42 U.S.C.
Section 1973ff et seq.)], and must contain the label prescribed by
Section 101.056(a) for the envelope in which the balloting
materials are sent to a voter. The secretary of state shall provide
early voting clerks with instructions on compliance with this
section.
SECTION 72. Section 101.102(b), Election Code, is amended
to read as follows:
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 101.001(2)(C), has provided a current mailing address that
is located outside the United States; or
(B) if the requestor is a person described by
Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
mailing address that is located outside the requestor's county of
residence;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the deadline
prescribed by Section 84.007 [seventh day before the date of the
election]; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
SECTION 73. Section 101.107(a), Election Code, is amended
to read as follows:
(a) A voter described by Section 101.001(2)(A), [or] (B), or
(B-1) must be voting from outside the voter's county of residence.
A voter described by Section 101.001(2)(C) must be voting from
outside the United States.
SECTION 74. Section 102.002, Election Code, is amended to
read as follows:
Sec. 102.002. CONTENTS OF APPLICATION. An application for
a late ballot must comply with the applicable provisions of Section
84.002 and must include or be accompanied by a certificate of a
licensed physician or chiropractor or accredited Christian Science
practitioner in substantially the following form:
"This is to certify that I know that __________ has a sickness
or physical condition that will prevent him or her from appearing at
the polling place for an election to be held on the __________ day
of __________, 20 [19]___, without a likelihood of needing personal
assistance or of injuring his or her health and that the sickness or
physical condition originated on or after __________.
"Witness my hand at __________, Texas, this __________ day of
__________, 20 [19]___.
________________________________
(signature of physician,
chiropractor, or practitioner)"
SECTION 75. Section 113.003, Election Code, is amended to
read as follows:
Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
application for a presidential ballot to be voted by mail must be
submitted to the early voting clerk serving the county of the
applicant's most recent registration to vote by the deadline
prescribed by Section 84.007.
SECTION 76. Section 141.032(g), Election Code, is amended
to read as follows:
(g) Except as otherwise provided by this code [After the
filing deadline]:
(1) a candidate may not amend an application filed
under Section 141.031; and
(2) the authority with whom the application is filed
may not accept an amendment to an application filed under Section
141.031.
SECTION 77. Section 141.034(a), Election Code, is amended
to read as follows:
(a) An application for a place on the ballot may not be
challenged for compliance with the applicable requirements as to
form, content, and procedure after the 50th day before the date of
[day before any ballot to be voted early by mail is mailed to an
address in the authority's jurisdiction for] the election for which
the application is made.
SECTION 78. The heading to Section 141.040, Election Code,
is amended to read as follows:
Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS.
SECTION 79. Section 141.040, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An authority shall designate an e-mail address in the
notice required by this section for the purpose of filing an
application for a place on the ballot under Section 143.004.
SECTION 80. Section 141.063, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The signer's residence address and registration address
are not required to be the same if the signer would otherwise be
able to vote for that office under Section 11.004 or 112.002.
SECTION 81. Chapter 141, Election Code, is amended by
adding Subchapter D, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER D. COERCION OF CANDIDACY
SECTION 82. Section 2.054, Election Code, is transferred to
Subchapter D, Chapter 141, Election Code, as added by this Act,
redesignated as Section 141.101, Election Code, and amended to read
as follows:
Sec. 141.101 [2.054]. COERCION AGAINST CANDIDACY
PROHIBITED. (a) A [In an election that may be subject to this
subchapter, a] person commits an offense if by intimidation or by
means of coercion the person influences or attempts to influence a
person to:
(1) not file an application for a place on the ballot
or a declaration of write-in candidacy; or
(2) withdraw as a candidate.
(b) In this section, "coercion" has the meaning assigned by
Section 1.07, Penal Code.
(c) An offense under this section is a Class A misdemeanor
unless the intimidation or coercion is a threat to commit a felony,
in which event it is a felony of the third degree.
SECTION 83. Section 143.004, Election Code, is amended to
read as follows:
Sec. 143.004. APPLICATION REQUIRED. (a) Subject to
Section 143.005, to be entitled to a place on the ballot, a
candidate must make an application for a place on the ballot.
(b) An application, other than an application required to be
accompanied by fee, may be filed through e-mail transmission of the
completed application in a scanned format to the e-mail address
designated by the filing authority in the notice required under
Section 141.040.
SECTION 84. Section 144.003(a), Election Code, is amended
to read as follows:
(a) Except as otherwise provided by law, to be entitled to a
place on the ballot, a candidate must make an application for a
place on the ballot. An application, other than an application
required to be accompanied by fee, may be filed through e-mail
transmission of the completed application in a scanned format to
the e-mail address designated by the filing authority in the notice
required under Section 141.040.
SECTION 85. Section 145.003, Election Code, is amended by
adding Subsection (j) to read as follows:
(j) This section does not apply to a challenge on an
application under Section 141.034.
SECTION 86. Section 192.033(d), Election Code, is amended
to read as follows:
(d) In conjunction with the certification required under
Subsection (a), the secretary of state shall include appropriate
ballot translation language, as applicable, for each language
certified statewide or in a specific county by the director of the
census under the federal Voting Rights Act (52 U.S.C. Section
10503) [42 U.S.C. Section 1973aa-1a].
SECTION 87. Subchapter B, Chapter 201, Election Code, is
amended by adding Section 201.030 to read as follows:
Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For
cities conducting recall elections, a vacancy in the officer's
office occurs on the date of the final canvass of a successful
recall election.
SECTION 88. Section 203.004(b), Election Code, is amended
to read as follows:
(b) If the election is to be held as an emergency election,
it shall be held on a Tuesday or Saturday occurring on or after the
36th day and on or before the 64th [50th] day after the date the
election is ordered.
SECTION 89. Section 212.001, Election Code, is amended to
read as follows:
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
recount document submitted under this title must:
(1) be in writing;
(2) identify the office or measure for which a recount
is desired;
(3) state the grounds for the recount;
(4) state the side of the measure that the person
requesting the recount represents, if applicable;
(5) identify the election precincts, grouped by county
or other appropriate territorial unit if the election involves more
than one local canvassing authority, for which a recount is desired
and must indicate the method of voting used in each precinct;
(6) be signed by:
(A) the person requesting the recount or, if
there is more than one, any one or more of them; or
(B) an agent of the person requesting the
recount;
(7) state each requesting person's name, residence
address, and, if authorization to obtain the recount is based on
eligibility to vote in the election, voter registration number, and
county of registration if the election covers territory in more
than one county;
(8) designate an agent who is a resident of this state
to receive notice under this title on behalf of the person
requesting the recount if:
(A) the person requesting the recount is not a
resident of this state; or
(B) there is more than one person requesting the
recount;
(9) state the mailing address and at least one
telephone number, if any, at which the person requesting the
recount or an agent, identified by name, may receive notice given
under this title;
(10) state the mailing address, e-mail address, if
any, and at least one telephone number, if any, at which the
opposing candidates for the office or their agents, identified by
name, may receive notice given under this title; and
(11) be accompanied by a deposit as provided by
Subchapter E.
SECTION 90. Section 212.002(b), Election Code, is amended
to read as follows:
(b) The designation is not effective unless the document
states the designee's name, address, e-mail address, if any, and
telephone number, if any.
SECTION 91. Section 212.028(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a petition for an
initial recount must be submitted by [the later of:
[(1) 5 p.m. of the fifth day after election day; or
[(2)] 5 p.m. of the second day after the date the
canvassing authority to whose presiding officer the petition must
be submitted completes its canvass of the original election
returns.
SECTION 92. Section 212.031(a), Election Code, is amended
to read as follows:
(a) If a recount petition complies with the applicable
requirements, the recount coordinator shall approve the petition
and note on the petition its approved status and the date of the
approval. The recount coordinator shall immediately notify the
recount supervisor of the approval. The recount supervisor shall,
with the written approval of the recount coordinator, order the
recount to be held on the later of [a date occurring not later than]
the seventh day after the date the petition is determined to comply
with the applicable requirements or the day after all ballots have
been delivered to the general custodian of election records.
SECTION 93. Section 212.083, Election Code, is amended to
read as follows:
Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The
deadline for submitting a recount petition under this subchapter is
[the later of:
[(1) 2 p.m. of the third day after election day; or
[(2)] 2 p.m. of the first day after the date of the
local canvass.
SECTION 94. Section 212.112, Election Code, is amended to
read as follows:
Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
deposit is:
(1) $60 for each election day polling location or
precinct, whichever results in a smaller amount, in which regular
paper ballots were used; and
(2) $100 for each election day polling location or
precinct, whichever results in a smaller amount, in which an
electronic voting system was used.
SECTION 95. Section 216.003, Election Code, is amended to
read as follows:
Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes
of initiating an automatic recount, the authority designated under
Section 212.026 shall order the recount [request the recount in the
same manner as a recount petitioner under this title].
SECTION 96. Section 272.009, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) To be eligible to serve as a clerk under this section, a
person must:
(1) be a qualified voter of the state and satisfy any
additional eligibility requirements prescribed by written order of
the commissioners court; or
(2) meet the eligibility requirements of a student
election clerk under Section 32.0511.
SECTION 97. Section 277.002, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The signer's residence address and the address listed on
the signer's registration are not required to be the same if the
signer is eligible to vote under Section 11.004 or 112.002.
SECTION 98. Section 277.0024, Election Code, is amended to
read as follows:
Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. (a) Except
as provided by Subsection (b), if [If] the minimum number of
signatures required for a petition is determined by a computation
applied to the number of registered voters of a particular
territory, voters whose names appear on the list of registered
voters with the notation "S", or a similar notation, shall be
excluded from the computation.
(b) The signature of a voter whose name appears on the list
of registered voters with the notation "S", or a similar notation,
is considered valid if the voter:
(1) is otherwise eligible to vote in the territory;
and
(2) provides a residence address located in the
territory.
SECTION 99. The following provisions of the Election Code
are repealed:
(1) Sections 15.082(c) and (d);
(2) Subchapter F, Chapter 15;
(3) Section 18.0051;
(4) Section 18.008(c);
(5) Section 31.099(b);
(6) Section 42.061(c);
(7) Section 84.008(b); and
(8) Section 105.002.
SECTION 100. As soon as practicable after the effective
date of this Act, the secretary of state shall adopt a statement of
residence form as required by Section 63.0011, Election Code, as
amended by this Act.
SECTION 101. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3107 was passed by the House on May 7,
2021, by the following vote: Yeas 137, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3107 on May 28, 2021, by the following vote: Yeas 146, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3107 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor