Bill Text: TX SB1215 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to election practices and procedures; creating a criminal offense; creating a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to State Affairs [SB1215 Detail]
Download: Texas-2021-SB1215-Introduced.html
87R10813 ADM-F | ||
By: Buckingham | S.B. No. 1215 |
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relating to election practices and procedures; creating a criminal | ||
offense; creating a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 31, Election Code, is | ||
amended by adding Section 31.0035 to read as follows: | ||
Sec. 31.0035. UNIFORM ELECTION PROCEDURES. (a) The | ||
secretary of state shall prescribe model election procedures for | ||
use by election officials in conducting elections, and shall | ||
publish the procedures not later than January 1 of each | ||
even-numbered year. | ||
(b) The procedures prescribed under Subsection (a) may | ||
provide different procedures for counties based on population. | ||
(c) The state elections tribunal under Subchapter F, | ||
Chapter 273, may prescribe temporary and emergency amendments to | ||
the procedures prescribed under Subsection (a). | ||
(d) Deviations from the procedures published under | ||
Subsection (a) are presumptively invalid and subject to injunctive | ||
relief under Section 273.081, unless an election official first | ||
seeks and obtains written permission from the state elections | ||
tribunal prior to implementation. | ||
(e) The attorney general may enforce this section by seeking | ||
injunctive relief. | ||
SECTION 2. Section 31.014, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT | ||
VOTERS. (a) The secretary of state shall prescribe specific | ||
requirements and standards, consistent with this code, for the | ||
certification of an electronic device used to accept voters under | ||
Chapter 63 that require the device to: | ||
(1) produce an electronic copy of the list of voters | ||
who were accepted to vote for delivery to the election judge after | ||
the polls close; | ||
(2) display the voter's original signature in | ||
accordance with Section 63.002; | ||
(3) accept a voter for voting even when the device is | ||
off-line; | ||
(4) provide the full list of voters registered in the | ||
county with an indication of the jurisdictional or distinguishing | ||
number for each territorial unit in which each voter resides; | ||
(5) time-stamp when each voter is accepted at a | ||
polling place, including the voter's unique identifier; | ||
(6) if the county participates in the countywide | ||
polling place program under Section 43.007 or has more than one | ||
early voting polling place, transmit a time stamp when each voter is | ||
accepted, including the voter's unique identifier, to all polling | ||
place locations; | ||
(7) time-stamp the receipt of a transmission under | ||
Subdivision (6); and | ||
(8) produce in an electronic format capable of | ||
updating in real time and compatible with the statewide voter | ||
registration list under Section 18.061 data for retention and | ||
transfer that includes: | ||
(A) the polling location in which the device was | ||
used; | ||
(B) the dated time stamp under Subdivision (5); | ||
and | ||
(C) the dated time stamp under Subdivision (7). | ||
(b) A device described by this section must: | ||
(1) be certified annually by the secretary of state; | ||
and | ||
(2) perform a diagnosis on each startup to ensure | ||
functionality and connectivity. | ||
(c) The secretary of state shall adopt rules that require a | ||
device described by this section used during the early voting | ||
period or under the countywide polling place program under Section | ||
43.007 to update data in real time. The rules adopted under this | ||
section must ensure any wireless connection used to update data is | ||
secure and that data are not transmitted or stored on any medium | ||
located outside the state. A [ |
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device that does not comply with the rules [ |
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SECTION 3. Sections 32.002(d), (e), and (g), Election Code, | ||
are amended to read as follows: | ||
(d) The state [ |
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political party [ |
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presiding judge and alternate presiding judge if notified by the | ||
county clerk that the county chair has failed to make a list [ |
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(c). The commissioners court shall appoint an eligible person from | ||
the list who is affiliated or aligned with the appropriate party, if | ||
available. | ||
(e) The commissioners court shall fill a vacancy in the | ||
position of presiding judge or alternate presiding judge for the | ||
remainder of the unexpired term. An appointment to fill a vacancy | ||
may be made at any regular or special term of court. Not later than | ||
48 hours after the county clerk becomes aware of a vacancy, the | ||
county clerk shall notify the county chair of the same political | ||
party with which the original judge was affiliated or aligned of the | ||
vacancy in writing. Not later than the fifth day after the date of | ||
notification of the vacancy, the county chair of the same political | ||
party with which the original judge was affiliated or aligned shall | ||
submit to the commissioners court in writing the name of a person | ||
who is eligible for the appointment. If a name is submitted in | ||
compliance with this subsection, the commissioners court shall | ||
appoint that person to the unexpired term. If a name is not | ||
submitted in compliance with this subsection, the county clerk | ||
shall notify the state chair of the appropriate political party in | ||
writing not later than 48 hours after the county chair's failure to | ||
submit a name. The state chair shall, not later than the fifth day | ||
after receiving notice, submit to the commissioners court a list of | ||
names of persons eligible as an appointee for the unexpired term. | ||
The commissioners court shall appoint an eligible person from the | ||
list who is affiliated or aligned with the same party, if available. | ||
(g) Following an oral warning to the election judge and with | ||
the written concurrence of the county chair of the same political | ||
party with which the judge is affiliated or aligned, the county | ||
clerk may remove, replace, or reassign an election judge who causes | ||
a disruption in a polling location or wilfully disobeys the | ||
provisions of this code. An election judge may not be removed | ||
except as provided by this section. A vacancy created under this | ||
subsection shall be filled in the same manner as an emergency | ||
appointment under Section 32.007. | ||
SECTION 4. Section 32.007(f), Election Code, is amended to | ||
read as follows: | ||
(f) A person who is appointed as a replacement for a judge | ||
originally appointed under Section 32.002 must appear on a list | ||
submitted to the appointing authority by the county chair of [ |
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original judge. If the county chair does not submit the list | ||
required by this subsection, or the list, including any | ||
supplements, does not include sufficient names to make an | ||
appointment, [ |
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[ |
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the appropriate political party before making an appointment under | ||
this section. | ||
SECTION 5. Section 32.031(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 32.034, the [ |
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presiding judge for each election precinct shall appoint the | ||
election clerks to assist the judge in the conduct of an election at | ||
the polling place served by the judge. | ||
SECTION 6. Section 32.034, Election Code, is amended to | ||
read as follows: | ||
Sec. 32.034. CLERKS FOR ELECTIONS FOR FEDERAL, STATE, AND | ||
COUNTY OFFICES. (a) The clerks for the general election for state | ||
and county officers or for a special election to fill a vacancy in | ||
an office regularly filled at the general election shall be | ||
selected in accordance with this section [ |
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(b) The presiding judge shall appoint clerks affiliated | ||
with the same political party as the presiding judge. The alternate | ||
[ |
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with the same political party as the alternate presiding judge. The | ||
same number of clerks must be appointed by the presiding judge and | ||
the alternate presiding judge [ |
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except as provided by Subsection (c). | ||
(c) If either the presiding judge or the alternate presiding | ||
judge fails to appoint their respective clerks, the county chair of | ||
the same political party as the judge who failed to appoint clerks | ||
[ |
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[ |
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[ |
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in a county without a county chair, shall appoint clerks [ |
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presiding judge, as applicable, to appoint clerks by this section. | ||
(d) [ |
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[ |
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presiding judge, or alternate presiding judge, as applicable, of | ||
the same political party as the election [ |
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replace, or reassign an election clerk who causes a disruption in a | ||
polling location or wilfully disobeys the provisions of this code. | ||
A vacancy created under this subsection shall be filled by the | ||
presiding judge, or alternate presiding judge, as applicable, of | ||
the same political party as the removed election clerk, who shall | ||
appoint a replacement election clerk who is affiliated or aligned | ||
with the same political party as the original clerk, if possible. | ||
SECTION 7. Section 33.006, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A certificate of appointment may be completed | ||
electronically, including the signature of the appointing | ||
authority. | ||
SECTION 8. Section 33.051, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) An election officer commits an offense if the officer | ||
knowingly refuses to accept a watcher for service whose acceptance | ||
is required by this code. An offense under this section is a Class A | ||
misdemeanor. | ||
SECTION 9. Section 33.056, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Except as provided by Section 33.057(b), a watcher may | ||
not be denied free movement within the location at which the watcher | ||
is serving. | ||
SECTION 10. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.062 to read as follows: | ||
Sec. 33.062. INJUNCTIVE RELIEF. A watcher, or the | ||
appointing authority for a watcher, is entitled to injunctive | ||
relief under Section 273.081 to enforce this chapter, including | ||
issuance of temporary orders. | ||
SECTION 11. Section 34.001, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The secretary of state shall provide adequate training | ||
and supervision to state inspectors. | ||
SECTION 12. Section 43.031(b), Election Code, is amended to | ||
read as follows: | ||
(b) Each polling place shall be located inside a building. A | ||
polling place may not be located in a tent or other temporary | ||
moveable structure, or in a facility primarily designed for motor | ||
vehicles. No voter may cast a vote from inside a motor vehicle | ||
unless the voter meets the requirements of Section 64.009. | ||
SECTION 13. Section 64.009, Election Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1) and (e) to | ||
read as follows: | ||
(b) The regular voting procedures, except those in | ||
Subchapter B, may be modified by the election officer to the extent | ||
necessary to conduct voting under this section. | ||
(b-1) A person other than the voter is only permitted to be | ||
inside the motor vehicle while the voter votes if the person would | ||
be entitled to accompany the voter to the voting station under other | ||
law. | ||
(e) Except as provided by Section 33.057, a poll watcher is | ||
entitled to observe any activity conducted under this section. | ||
SECTION 14. Section 67.004(a), Election Code, is amended to | ||
read as follows: | ||
(a) At the time set for convening the canvassing authority | ||
for the local canvass, the general custodian of election records | ||
[ |
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sealed precinct returns to the authority along with a report | ||
detailing any discrepancies between the number of names of voters | ||
who voted and the number of votes counted and the reasons for those | ||
discrepancies. The authority shall open the returns for each | ||
precinct and canvass them as provided by this section. Two members | ||
of the authority constitute a quorum for purposes of canvassing an | ||
election. | ||
SECTION 15. Section 83.031, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A deputy early voting clerk may not serve at a main early | ||
voting polling place or branch polling place where election | ||
officers are appointed under Section 85.009 without the permission | ||
of both the presiding and alternate presiding judge at that polling | ||
place. | ||
SECTION 16. Section 85.009, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.009. ELECTION OFFICERS FOR GENERAL ELECTION FOR | ||
STATE AND COUNTY OFFICERS. (a) The county clerk shall select | ||
election officers for the main early voting polling place and any | ||
branch polling place from a list provided under Subsection (b), in a | ||
manner that provides equal representation to the extent possible | ||
for each political party holding a primary election in the county. | ||
The county clerk shall provide notice in writing of the selections | ||
for each early voting polling place to the county chair of each | ||
political party holding a primary election. | ||
(b) Before July of each year, the county chair of each | ||
political party holding a primary election in the county shall | ||
submit in writing to the county clerk a list of names of persons in | ||
order of preference for each early voting polling place who are | ||
eligible for selection as an election officer. The county chair may | ||
supplement the list of names of persons until the 30th day before | ||
early voting begins in case an appointed election officer becomes | ||
unable to serve. The county clerk shall appoint the first person | ||
meeting the applicable eligibility requirements from the list | ||
submitted in compliance with this subsection by the party with the | ||
highest number of votes in the county as the presiding judge of that | ||
polling place and the first person meeting the applicable | ||
eligibility requirements from the list submitted in compliance with | ||
this subsection by the party with the second highest number of votes | ||
in the county as the alternate presiding judge of that polling | ||
place. The county clerk shall appoint additional election officers | ||
for each polling place in a [ |
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representation to the extent possible for each political party | ||
holding a primary election in the county and notify the county | ||
chairs of those political parties of the appointments in writing | ||
[ |
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if the persons whose names are submitted on the list are determined | ||
not to meet the applicable eligibility requirements. If a list is | ||
not submitted by a county chair or is rejected in accordance with | ||
this section, the county clerk shall notify the state chair of the | ||
appropriate political party, who shall, not later than the fifth | ||
day after being notified in writing, submit a list from which the | ||
appropriate election officers shall be selected. | ||
(c) After an oral warning to the election officer and with | ||
the written concurrence of the county chair of the same political | ||
party with which the election officer is affiliated or aligned, the | ||
county clerk may remove, replace, or reassign an election officer | ||
who causes a disruption in a polling location or wilfully violates a | ||
provision of this code. An election officer may not be removed | ||
except as provided by this section [ |
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SECTION 17. Section 85.061(a), Election Code, is amended to | ||
read as follows: | ||
(a) In a countywide election in which the county clerk is | ||
the early voting clerk under Section 83.002, an early voting | ||
polling place shall be located inside [ |
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is regularly maintained for conducting general clerical functions | ||
of the county clerk, except as provided by Subsection (b). If a | ||
suitable room is unavailable inside the branch office, the polling | ||
place may be located in another room inside the same building as the | ||
branch office. The polling place may not be located in a tent or | ||
other temporary movable structure or a parking garage, parking lot, | ||
or similar facility designed primarily for motor vehicles. | ||
SECTION 18. Section 85.062(b), Election Code, is amended to | ||
read as follows: | ||
(b) A polling place established under this section may be | ||
located, subject to Subsection (d), at any place in the territory | ||
served by the early voting clerk and may be located inside [ |
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building [ |
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establishing the branch office. The polling place may not be | ||
located in a tent or other temporary movable structure or a parking | ||
garage, parking lot, or similar facility designed primarily for | ||
motor vehicles in the general election for state and county | ||
officers, general primary election, or runoff primary election. | ||
Ropes or other suitable objects may be used at the polling place to | ||
ensure compliance with Section 62.004. Persons who are not | ||
expressly permitted by law to be in a polling place shall be | ||
excluded from the polling place to the extent practicable. | ||
SECTION 19. Section 87.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting | ||
ballot board consists of a presiding judge, an alternate presiding | ||
judge, and at least two other members. | ||
(b) Except as provided by Subsection (d), the presiding | ||
judge is appointed in the same manner as a presiding election judge | ||
and the alternate presiding judge is appointed in the same manner as | ||
an alternate presiding election judge. Except as provided by | ||
Subsection (c), the other members are appointed by the presiding | ||
judge in the same manner as the precinct election clerks. | ||
(c) In the general election for state and county officers, | ||
each county chair of a political party with nominees on the general | ||
election ballot shall submit to the county election board a list of | ||
names of persons eligible to serve on the early voting ballot board. | ||
The county election board shall appoint at least one person from | ||
each list to serve as a member of the early voting ballot board. The | ||
same number of members must be appointed from each list. | ||
(c-1) A member, once appointed, may not be removed without | ||
the written consent of the county chair of the political party the | ||
member is affiliated with. Any vacancy on the early voting ballot | ||
board must be immediately filled by appointment of the appropriate | ||
county chair to ensure an equal number of members from each list, | ||
including any supplements, are appointed. | ||
(d) In addition to the members appointed under Subsection | ||
(c), the county election board shall appoint the presiding judge | ||
from the list provided under that subsection by the political party | ||
whose nominee for governor received the most votes in the county in | ||
the most recent gubernatorial general election and an alternate | ||
presiding judge from the list provided under that subsection by the | ||
political party whose nominee for governor received the second | ||
highest number of votes in the county in the most recent | ||
gubernatorial general election. | ||
(e) The presiding judge and the alternate presiding judge | ||
shall be responsible for supervising the work of the members | ||
representing their respective political parties. To the extent | ||
practicable, every task carried out by the early voting ballot | ||
board shall be conducted by an equal number of representatives from | ||
each political party. | ||
SECTION 20. Section 124.062, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Each electronic system ballot must contain a serial | ||
number that must be printed before insertion in a ballot marking | ||
device, if any. The secretary of state may not waive this | ||
requirement. | ||
SECTION 21. Section 125.008, Election Code, is amended to | ||
read as follows: | ||
Sec. 125.008. DEPOSITING THE BALLOT. (a) A voter shall | ||
deposit the marked voting system ballot in the ballot box in | ||
accordance with the instructions provided at the polling place. | ||
(b) The ballot box or attached voting system ballot scanner | ||
must not contain a ballot marking device or printer capable of | ||
marking the ballot after deposit by the voter. | ||
(c) A ballot scanner must be capable of detecting and | ||
preventing the acceptance of a ballot containing an identical | ||
serial number more than once. | ||
SECTION 22. Subchapter C, Chapter 125, Election Code, is | ||
amended by adding Section 125.0621 to read as follows: | ||
Sec. 125.0621. LOGS OF ISSUED AND SPOILED BALLOTS. If an | ||
electronic voting system uses paper media for recording votes cast, | ||
the election officer shall maintain a record of the serial numbers | ||
of all ballots issued at that polling place and the serial numbers | ||
of any spoiled ballots, if any. All logs maintained under this | ||
section are election records subject to public inspection as | ||
provided by Section 1.012. | ||
SECTION 23. Section 125.063, Election Code, is amended to | ||
read as follows: | ||
Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. (a) | ||
On the close of voting at each polling place at which electronic | ||
voting system equipment is used, an election officer shall secure | ||
or inactivate the equipment as prescribed by the secretary of state | ||
so that its unauthorized operation is prevented. | ||
(b) An election officer shall reconcile the number of names | ||
of voters casting votes at that polling place with the number of | ||
votes cast as shown on the electronic voting system equipment and | ||
note any discrepancy and the reason for the discrepancy. | ||
(c) An election officer must generate a paper record of the | ||
number of votes cast for each candidate or measure when using | ||
electronic voting system equipment that does not generate a | ||
voter-verified paper ballot record, except during early voting. | ||
The secretary of state may not waive this requirement after | ||
September 1, 2022. | ||
SECTION 24. Sections 127.006(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The [ |
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manner as a deputy early voting clerk under Section 83.032. The | ||
[ |
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appoint clerks to serve at the central counting station in the same | ||
manner as clerks under Section 32.002. | ||
(c) A clerk appointed by the manager serves under the | ||
manager and shall perform the functions directed by the manager. A | ||
clerk appointed by the presiding judge or alternate presiding judge | ||
serves under the presiding judge or alternate presiding judge, | ||
respectively, and shall perform the functions directed by the | ||
presiding judge or alternate presiding judge, respectively. Clerks | ||
shall only accept direction from their appointing authority. | ||
SECTION 25. Section 127.1232, Election Code, is amended to | ||
read as follows: | ||
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general | ||
custodian of election records shall post a licensed peace officer | ||
[ |
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ballots throughout the period of tabulation at the central counting | ||
station. | ||
(b) The general custodian of election records shall | ||
implement a video surveillance system that retains a record of all | ||
areas containing voted ballots from the time the voted ballots are | ||
delivered to the central counting station until the canvass of | ||
precinct election returns. | ||
(c) The video recorded is an election record under Section | ||
1.012 and shall be retained by the general custodian of election | ||
records until the end of the calendar year in which an election is | ||
held. | ||
SECTION 26. Section 127.131, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) The presiding judge shall compare the number of names of | ||
voters who voted with the number of votes counted and note any | ||
discrepancy on the returns with the reason for the discrepancy. | ||
SECTION 27. Subchapter E, Chapter 273, Election Code, is | ||
amended by adding Section 273.082 to read as follows: | ||
Sec. 273.082. DISQUALIFICATION OF DISTRICT JUDGE. (a) A | ||
judge is disqualified to preside in the matter of an election | ||
official who is a defendant in a petition for injunctive relief that | ||
is less than statewide if the judge presides over a judicial | ||
district that includes any territory served by the election | ||
official. | ||
(b) If a petition is filed in which a judge is disqualified | ||
under Subsection (a), the district clerk shall promptly call the | ||
filing to the attention of the judge. The judge shall promptly | ||
request the presiding judge of the administrative judicial region | ||
to assign a special judge to preside in the matter. | ||
(c) A judge who resides in the judicial district served by a | ||
judge disqualified under Subsection (a) is not eligible for | ||
assignment as a special judge for the contest. | ||
(d) In a matter in which the district judge is disqualified, | ||
until a special judge is assigned to preside over the contest, the | ||
presiding judge of the administrative judicial region may take any | ||
action regarding the contest that a district judge may take, | ||
including the issuance of temporary relief. | ||
SECTION 28. Chapter 273, Election Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. STATE ELECTIONS TRIBUNAL | ||
Sec. 273.101. ESTABLISHMENT OF STATE ELECTIONS TRIBUNAL. | ||
(a) The secretary of state shall establish a state elections | ||
tribunal to hear and decide election administration disputes. | ||
(b) The state elections tribunal is composed of three | ||
examiners appointed by the secretary of state to terms of six years, | ||
consisting of: | ||
(1) a former justice of the Texas Supreme Court; and | ||
(2) two experts in election law who are members of | ||
different political parties selected from a list of at least 10 | ||
names submitted by the state chair of each political party required | ||
by law to hold a primary. | ||
(c) The former justice of the Texas Supreme Court shall be | ||
the presiding officer of the state elections tribunal. | ||
(d) Members of the state elections tribunal shall be | ||
compensated, from money appropriated to the secretary of state, for | ||
services actually performed at the same rate as a retired justice or | ||
judge sitting by assignment on the court of appeals containing | ||
Travis County as provided in Chapter 74, Government Code. In | ||
addition to this compensation, members of the state elections | ||
tribunal shall be reimbursed for actual travel expenses going to | ||
and returning from the place of service. | ||
(e) The secretary of state shall provide appropriate | ||
administrative support to the state elections tribunal for use in | ||
the conduct of its duties. | ||
Sec. 273.102. ACTION BY STATE ELECTIONS TRIBUNAL. (a) The | ||
state elections tribunal has concurrent jurisdiction with the | ||
district courts to enjoin violations or threatened violations of | ||
this code. | ||
(b) The state elections tribunal may by written order | ||
suspend any election official who wilfully violates a provision of | ||
this code. | ||
Sec. 273.103. NOTICE OF TRIBUNAL ACTION. The parties to a | ||
matter before the state elections tribunal shall be notified of the | ||
tribunal's decision and the reasons for the decision. | ||
Sec. 273.104. RULES REGARDING HEARINGS CONDUCTED BY | ||
TELEPHONE OR ELECTRONIC CONFERENCE. The secretary of state by rule | ||
shall develop procedures to ensure that the state elections | ||
tribunal makes every effort in a hearing conducted by telephone or | ||
electronic conference under this subchapter to obtain all relevant | ||
facts and evidence from the parties to the matter. | ||
Sec. 273.105. JUDICIAL REVIEW. (a) A party aggrieved by an | ||
action of the state elections tribunal may obtain judicial review | ||
of the decision by bringing a petition for mandamus relief in the | ||
supreme court. | ||
(b) Each other party to the proceeding before the state | ||
elections tribunal must be made a party in interest in a mandamus | ||
action under this section. | ||
Sec. 273.106. REPRESENTATION OF STATE ELECTIONS TRIBUNAL. | ||
The state elections tribunal may be represented in any judicial | ||
action involving an action of the state elections tribunal by the | ||
attorney general. | ||
SECTION 29. Chapter 276, Election Code, is amended by | ||
adding Sections 276.014 and 276.015 to read as follows: | ||
Sec. 276.014. PAID VOTE HARVESTING. (a) In this section | ||
and Section 276.015, "vote harvesting services" means direct | ||
interaction with one or more voters in connection with an official | ||
ballot, a ballot voted by mail, or an application for ballot by | ||
mail, intended to deliver votes for a specific candidate or | ||
measure. | ||
(b) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide the | ||
vote harvesting services in exchange for compensation or other | ||
benefit, including benefits to a party whose welfare is of interest | ||
to the person. | ||
(c) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide | ||
compensation or other benefit to a person, or to another party whose | ||
welfare is of interest to the person, in exchange for the vote | ||
harvesting services. | ||
(d) A person commits an offense if the person knowingly | ||
collects or possesses a ballot voted by mail or official carrier | ||
envelope from a voter in connection with the vote harvesting | ||
services. | ||
(e) This section does not apply to acts promoting a | ||
candidate or measure that do not involve direct interaction with: | ||
(1) an application for ballot by mail, in the presence | ||
of the voter; or | ||
(2) a voter's official ballot, ballot voted by mail, or | ||
carrier envelope. | ||
(f) In this section, compensation in exchange for the vote | ||
harvesting services is inferred if a person who performed the vote | ||
harvesting services for a candidate or campaign solicits, receives, | ||
or is offered compensation from the candidate or campaign, directly | ||
or through a third party, for services other than the vote | ||
harvesting services provided. | ||
(g) An offense under this section is a felony of the third | ||
degree. | ||
(h) 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. | ||
Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING. | ||
(a) A person who commits an offense under Section 276.014 is liable | ||
to any candidate harmed by the vote harvesting services for damages | ||
and penalties that may be awarded under Subsection (c). | ||
(b) A person is harmed by the vote harvesting services if | ||
the person can demonstrate that: | ||
(1) the person was a candidate for office; | ||
(2) the liable party committed an offense under | ||
Section 276.014; and | ||
(3) another candidate seeking the same office as the | ||
person received a vote attributable to the offense, regardless of | ||
whether the other candidate knowingly participated in the vote | ||
harvesting services. | ||
(c) A litigant who prevails in an action under Subsection | ||
(b) shall recover from any person who committed the unlawful vote | ||
harvesting services damages in an amount including: | ||
(1) the amount of any compensation paid to or received | ||
by the person in exchange for the vote harvesting services; | ||
(2) the fair market value of any benefit given or | ||
received in exchange for the vote harvesting services; | ||
(3) a penalty in the amount of $25,000; and | ||
(4) reasonable attorney's fees, court costs, witness | ||
fees, and deposition fees. | ||
(d) A litigant who prevails in an action under Subsection | ||
(b) and shows that the number of voters contacted by the vote | ||
harvesting services exceeds the number of votes by which the | ||
litigant lost the election shall recover from the person liable for | ||
the unlawful vote harvesting services punitive damages in an amount | ||
including: | ||
(1) any of the litigant's campaign expenditures | ||
properly filed on a campaign finance report in connection with the | ||
election; and | ||
(2) any fees and expenses incurred by the litigant in | ||
filing and securing a place on the ballot. | ||
(e) A person who commits an offense under Section 276.014 | ||
and is found liable under this chapter or other law for any amount | ||
of damages arising from the vote harvesting services is jointly | ||
liable with any other defendant for the entire amount of damages | ||
arising from the vote harvesting services. | ||
(f) The cause of action created by this section is | ||
cumulative to any other remedy provided by common law or statute. | ||
(g) The expedited actions process created by Rule 169, Texas | ||
Rules of Civil Procedure, does not apply to an action under this | ||
section. | ||
(h) Chapter 27, Civil Practice and Remedies Code, does not | ||
apply to a cause of action under this section. | ||
(i) A cause of action under this section may be brought in | ||
the county where any part of the vote harvesting services occurred. | ||
SECTION 30. Section 81.032, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The | ||
commissioners court may accept a donation of labor or services, | ||
gift, grant, donation, bequest, or devise of money or other | ||
property on behalf of the county, including a donation under | ||
Chapter 38, Government Code, for the purpose of performing a | ||
function conferred by law on the county or a county officer. | ||
(b) The commissioners court may not accept a donation | ||
described in Subsection (a) of over $1,000 for use in administering | ||
elections without the written consent of the secretary of state. | ||
SECTION 31. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 32.032; and | ||
(2) Section 85.062(e). | ||
SECTION 32. The changes in law made by this Act apply only | ||
to a petition for injunctive relief filed on or after the effective | ||
date of this Act. A petition for injunctive relief filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the petition was filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 33. This Act takes effect September 1, 2021. |