Bill Text: TX SB1535 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the practices and procedures related to early voting by mail, including the participation of watchers; modifying and increasing criminal penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1535 Detail]

Download: Texas-2021-SB1535-Introduced.html

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87R10801 MLH-F
By: Buckingham S.B. No. 1535

A BILL TO BE ENTITLED
AN ACT
relating to the practices and procedures related to early voting by
mail, including the participation of watchers; modifying and
increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.004(b), Election Code, is amended to
read as follows:
(b) To be eligible to participate in the appointment under
this section of a watcher for a precinct polling place, [a person
must be a registered voter of the precinct. To be eligible to
participate in the appointment under this section of a watcher for]
an early voting polling place, a countywide polling place, the
meeting place of an early voting ballot board or signature
verification committee, or a central counting station, a person
must be a registered voter of the territory served by that facility.
SECTION 2. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve;
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents; and
(6) contain an affidavit executed by the appointee
stating that the appointee will not use [have possession of] a
device capable of recording images or sound [or that the appointee
will disable or deactivate the device] while serving as a watcher,
except as provided by Section 61.014(b).
SECTION 3. Section 33.007(a), Election Code, is amended to
read as follows:
(a) Each appointing authority may appoint not more than two
watchers for each precinct polling place, meeting place for an
early voting ballot board or signature verification committee, or
central counting station involved in the election.
SECTION 4. Section 33.051(a), Election Code, is amended to
read as follows:
(a) A watcher appointed to serve at a precinct polling
place, a meeting place for an early voting ballot board or signature
verification committee, or a central counting station must deliver
a certificate of appointment to the presiding judge at the time the
watcher reports for service. A watcher appointed to serve at an
early voting polling place must deliver a certificate of
appointment to the early voting clerk or deputy clerk in charge of
the polling place when the watcher first reports for service.
SECTION 5. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT MEETING OF EARLY VOTING
BALLOT BOARD 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 6. Section 33.060(a), Election Code, is amended to
read as follows:
(a) On request of a watcher, an election officer who
delivers election records from a precinct polling place, an early
voting polling place, a meeting place for an early voting ballot
board or signature verification committee, or a central counting
station shall permit the watcher appointed to serve at that
location to accompany the officer in making the delivery.
SECTION 7. Section 61.014(b), Election Code, is amended to
read as follows:
(b) A person, other than a watcher solely recording the
counting of ballots, may not use any mechanical or electronic means
of recording images or sound within 100 feet of a voting station.
SECTION 8. Section 64.036(d), Election Code, is amended to
read as follows:
(d) An offense under this section is a state jail felony
[Class A misdemeanor].
SECTION 9. Sections 82.002(a) and (b), Election Code, are
amended to read as follows:
(a) A qualified voter is eligible for early voting by mail
if the voter cannot appear at the polling place during the early
voting period and on election day without assistance due to:
(1) illness;
(2) injury;
(3) medical confinement as directed by a health care
professional; or
(4) mental or physical impairment [has a sickness or
physical condition that prevents the voter from appearing at the
polling place on election day without a likelihood of needing
personal assistance or of injuring the voter's health].
(b) An application for a ballot to be voted by mail under
Subsections (a)(1) through (3) 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 personally know that
__________ has a sickness or physical condition that will prevent
him or her from appearing at a polling place without a likelihood of
needing personal assistance or of injuring his or her health.
"Witness my hand at __________, Texas, this __________
day of __________, 20___.
________________________________
(signature of physician,
chiropractor, or practitioner)
________________________________
(printed name of physician,
chiropractor, or practitioner)"
[Expected or likely confinement for childbirth on election day is
sufficient cause to entitle a voter to vote under Subsection (a)].
SECTION 10. Chapter 82, Election Code, is amended by adding
Section 82.008 to read as follows:
Sec. 82.008. GUIDANCE ON ELIGIBILITY. (a) A public
official may not issue a communication concerning eligibility for
early voting by mail without approval from the secretary of state.
(b) The secretary of state may direct a public official to
use a preapproved communication under Subsection (e).
(c) A public official who issues a communication without
approval under Subsection (a) shall:
(1) retract the communication; and
(2) provide an alternative approved communication in
the same manner as the unapproved communication was provided.
(d) A violation of this section is enforceable exclusively
through a petition for a writ of mandamus under Section 273.061.
(e) The secretary of state may prescribe approved
communications regarding eligibility for early voting by mail. A
public official who issues these communications without
modification or addition is considered to be issuing an approved
communication.
SECTION 11. Sections 84.001(b) and (c), Election Code, are
amended to read as follows:
(b) An application must be in writing and signed in ink by
the applicant. An electronic or photocopied signature is not
permitted.
(c) An applicant is [not] required to use an official
application form.
SECTION 12. Section 84.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An application may not be accepted if the application
was provided to the voter with the grounds for eligibility already
marked.
SECTION 13. The heading to Section 84.004, Election Code,
is amended to read as follows:
Sec. 84.004. UNLAWFULLY ASSISTING OR WITNESSING
APPLICATION FOR MORE THAN ONE APPLICANT.
SECTION 14. Sections 84.004(a), (b), and (c), Election
Code, are amended to read as follows:
(a) A person commits an offense if:
(1) the person signs an application for a ballot to be
voted by mail as a witness for more than one applicant in the same
election; [or]
(2) the person assists more than one applicant, in the
applicant's presence, in completing an early voting ballot
application for the same election; or
(3) the person signs an application for annual ballots
by mail as a witness for more than one applicant in the same
calendar year.
(b) It is an exception to the application of Subsection (a)
that the person [signed early voting ballot applications for more
than one applicant]:
(1) acted as an early voting clerk or deputy early
voting clerk; or
(2) [and the person] is related to the additional
applicants as a parent, grandparent, spouse, child, or sibling.
(c) An application made in [A] violation of this section is
not valid [does not affect the validity of an application involved
in the offense].
SECTION 15. Section 84.012, Election Code, is amended to
read as follows:
Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. (a)
The early voting clerk shall mail without charge an appropriate
official application form for an early voting ballot to each
applicant requesting the clerk to send the applicant an application
form.
(b) The early voting clerk may only mail an application form
to a voter if:
(1) the voter requests an application form; or
(2) the clerk confirms that the voter is eligible for
early voting by mail on the grounds of age.
SECTION 16. Section 84.031, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person whose application is canceled by returning the
person's ballot in accordance with Section 84.032, if otherwise
eligible, may vote in the same manner as if the application had not
been submitted.
(c) A person whose application is canceled in any other
manner may cast a provisional ballot under Section 63.011.
SECTION 17. Section 84.032, Election Code, is amended by
amending Subsection (c) and adding Subsections (g), (h), and (i) to
read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.028(b) or 87.0411(b).
(g) The early voting clerk shall deliver each request for
cancellation to the early voting ballot board to ensure a canceled
ballot is not counted.
(h) The early voting clerk and presiding election judge
shall keep a log of each ballot returned and shall provide a copy of
the log to the early voting ballot board to ensure that the canceled
ballot is not counted in the election. Returned ballots must be kept
in a secure container with a chain of custody maintained by the
early voting clerk.
(i) The log under Subsection (h) shall include for each
entry:
(1) the voter's name;
(2) an identification number unique to the voter;
(3) the voter's signature; and
(4) the date and time the application was returned.
SECTION 18. Section 84.033, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The election officer shall electronically submit a
record to the secretary of state of each application canceled in a
primary, a runoff primary, a general election, or any special
election ordered by the governor on the day the application is
canceled.
SECTION 19. Section 86.001(a), Election Code, is amended to
read as follows:
(a) The early voting clerk shall review each application for
a ballot to be voted by mail and verify the eligibility of the
applicant to vote by mail.
SECTION 20. Chapter 86, Election Code, is amended by adding
Section 86.0011 to read as follows:
Sec. 86.0011. SIGNATURE VERIFICATION. (a) Consistent with
guidance and training from the secretary of state, the early voting
clerk or early voting ballot board, as appropriate, shall compare
the signature on each voter's ballot application, except those
signed for a voter by a witness, with the signature on the voter's
voter registration application to determine whether the signatures
are those of the voter. The clerk or board may also compare the
signatures with any two or more signatures of the voter made within
the preceding six years and on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (b), a determination under
this subsection by an early voting ballot board that the signature
on the application is not that of the voter must be made by a
majority vote of the board's membership. The board shall place the
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The presiding judge or chair, as applicable,
shall deliver the accepted applications to the early voting clerk
for processing under Section 86.001. All other applications
reviewed by the early voting ballot board shall be processed under
Section 86.0012.
(b) If more than 12 members are appointed to serve on the
early voting ballot board, as applicable, the early voting clerk
may designate two or more subcommittees of not less than six
members. If subcommittees have been designated, a determination
under Subsection (a) is made by a majority of the subcommittee.
(c) If ballot materials or ballot applications are recorded
electronically as provided by Section 87.126, the early voting
ballot board may use an electronic copy of a signature or the
voter's ballot application in making the comparison under
Subsection (a).
(d) While the board is reviewing signatures, an equal number
of members from each political party that submitted names under
Section 87.002(c) shall be present to the extent practicable.
(e) If a signature verification committee has been
appointed under Section 87.027, the signature verification
committee performs the duties assigned by this section to the early
voting ballot board.
SECTION 21. Chapter 86, Election Code, is amended by adding
Section 86.0012 to read as follows:
Sec. 86.0012. OPPORTUNITY TO CORRECT APPLICATION DEFECT.
(a) This section applies to an early voting ballot application
that:
(1) the voter did not sign, unless the application was
signed by a witness;
(2) cannot immediately be determined to contain the
signature of the voter;
(3) is missing any required information; or
(4) contains incomplete information concerning a
witness.
(b) Before rejecting a timely delivered application, the
early voting clerk or early voting ballot board, as appropriate,
may:
(1) return the application to the voter by mail, if the
clerk or board determines that it would be possible to correct the
defect and return the application by the deadline under Section
84.007;
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may submit a new
application before the deadline under Section 84.007; or
(3) if the defect is related to the voter's signature,
notify the voter that the voter may either appear in person and
present an acceptable form of identification under Section 63.0101
to sign the application in the presence of the early voting clerk or
submit a copy of an acceptable form of identification described by
Section 63.0101 with a new or corrected application submitted by
mail.
(c) The early voting clerk or early voting ballot board may
not resolve the defect in a manner not described by Subsection (b),
including in-person visits to the voter at a location other than the
early voting clerk's office, or communication that is entirely
electronic or telephonic.
(d) The early voting clerk shall keep a log of all
applications corrected under this section, which shall include:
(1) the name of the voter;
(2) an identification number unique to the voter;
(3) the voter's signature;
(4) the date and time the application was received;
and
(5) the action taken under Subsection (b).
(e) If a new or corrected application is submitted under
Subsection (b)(3), the signature on the application shall be
accepted as that of the voter, and a copy of the signature shall be
retained by the early voting clerk for use in future elections.
(f) A poll watcher is entitled to observe any action taken
under Subsection (b).
(g) The secretary of state may prescribe procedures
necessary to implement this section.
SECTION 22. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that:
(1) [indicates the ground of eligibility is age or
disability; and
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
for more than one election; and
(2) contains an attestation that the voter:
(A) is not less than 65 years of age; or
(B) has a mental or physical impairment under
Section 82.002(a)(4) that:
(i) will persist for not less than one
calendar year; and
(ii) is supported by written documentation
under Section 13.002(i)(1).
SECTION 23. Section 86.009(e), Election Code, is amended to
read as follows:
(e) 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.
SECTION 24. Section 86.010, Election Code, is amended by
amending Subsections (d) and (e) and adding Subsections (k) and (l)
to read as follows:
(d) A voter's ballot may not be counted if:
(1) the [If a] voter is assisted in violation of this
section; or
(2) a person who assists the voter to prepare a ballot
to be voted by mail fails to comply with Subsection (e)[, the
voter's ballot may not be counted].
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter the person's signature, printed name,
[and] residence address, relationship to the voter, and the manner
in which the person assisted the voter on the official carrier
envelope of the voter.
(k) An employee of a state licensed care facility who
commits an offense under this section involving a voter who resides
in that facility shall be added to the employee misconduct registry
established under Section 253.007, Health and Safety Code.
(l) The text of the oath under Subsection (c) shall read as
follows:
"I swear (or affirm) that:
"I will not suggest, by word, sign, or gesture,
how the voter should vote;
"I will confine my assistance to answering the
voter's questions, to stating propositions on the ballot, and to
naming candidates and, if listed, their political parties;
"I will prepare the voter's ballot as the voter
directs;
"I am not the voter's employer, an agent of the
voter's employer, or an officer or agent of a labor union to which
the voter belongs; and
"I have not been compensated for assisting the
voter.
"I understand that if I violate these requirements, I am
committing a criminal offense."
SECTION 25. Section 86.013(b), Election Code, is amended to
read as follows:
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
[and]
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
and
(3) indicating the manner of any assistance provided
by a person assisting the voter, and the relationship of that person
to the voter.
SECTION 26. 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 and the alternate presiding judge are [is] appointed in the
same manner as a presiding election judge under Section 32.002.
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. If a county
chair does not submit a list, the state chair of the political party
shall, not later than the fifth day after being notified in writing
of the county chair's failure to submit a list, submit the list.
(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 the alternate
presiding judge from the list provided under that subsection by the
political party whose nominee for governor received the second most
votes in the county in the most recent gubernatorial election.
SECTION 27. Section 87.027, Election Code, is amended by
amending Subsections (a-1), (d), and (i) and adding Subsection (n)
to read as follows:
(a-1) A signature verification committee shall be appointed
in the general election for state and county officers on submission
to the early voting clerk of a written request for the committee by
at least 15 registered voters of the county. The request must be
submitted not later than the preceding August [October] 1, and a
request submitted by mail is considered to be submitted at the time
of its receipt by the clerk.
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on the
ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee. The authority shall appoint at
least two persons from each list to serve as members of the
committee. The same number of members must be appointed from each
list. The authority shall appoint the chair of the committee from
the list provided by the political party whose nominee for governor
received the most votes in the county in the most recent
gubernatorial general election. The authority shall also appoint a
vice chair of the committee from the list provided by the political
party whose nominee for governor received the second most votes in
the county in the most recent gubernatorial general election. If a
county chair does not submit a list, the state chair of the
political party shall, not later than the fifth day after being
notified in writing of the county chair's failure to submit a list,
submit the list. A vacancy on the committee shall be filled by
appointment from the original list or from a new list submitted by
the appropriate county chair.
(i) Consistent with guidance and training from the
secretary of state, the [The] signature verification committee
shall compare the signature on each carrier envelope certificate,
except those signed for a voter by a witness, with the signature on
the voter's ballot application to determine whether the signatures
are those of the voter. The committee may also compare the
signatures with any two or more signatures of the voter made within
the preceding six years and on file with the county clerk or voter
registrar to determine whether the signatures are those of the
voter. Except as provided by Subsection (l), a determination under
this subsection that the signatures are not those of the voter must
be made by a majority vote of the committee's membership. If a tie
vote of the committee's membership occurs, the committee chair
shall determine whether the signatures are those of the voter and
affix the committee chair's determination and signature to the
carrier envelope. The committee shall place the jacket envelopes,
carrier envelopes, and applications of voters whose signatures are
not those of the voter in separate containers from those of voters
whose signatures are those of the voter. The committee chair shall
deliver the sorted materials to the early voting ballot board at the
time specified by the board's presiding judge.
(n) While the committee is reviewing signatures, an equal
number of committee members from each political party that
submitted names under Section 87.002(c) shall be present to the
extent practicable.
SECTION 28. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.028 to read as follows:
Sec. 87.028. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early voting
ballot voted by mail that:
(1) has a carrier envelope certificate that:
(A) the voter did not sign; or
(B) cannot immediately be determined to contain
the signature of the voter;
(2) is missing a required statement of residence; or
(3) contains incomplete information concerning a
witness or assistant.
(b) Before rejecting a timely delivered ballot under
Section 87.027, the signature verification committee may:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person before the time the polls are
required to close on election day and present an acceptable form of
identification under Section 63.0101 to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) The signature verification committee may not resolve
the defect in a manner not described by Subsection (b), including
in-person visits to the voter at a location other than the early
voting clerk's office, or communication that is entirely electronic
or telephonic.
(d) The early voting clerk shall maintain a log of all
ballots corrected under this section, which shall include:
(1) the name of the voter;
(2) an identification number unique to the voter;
(3) the voter's signature;
(4) the date and time the ballot was received; and
(5) the action taken under Subsection (b).
(e) A poll watcher is entitled to observe any action taken
under Subsection (b).
(f) The secretary of state may prescribe procedures
necessary to implement this section.
SECTION 29. Section 87.041, Election Code, is amended by
adding Subsections (b-1) and (h) to read as follows:
(b-1) A ballot sent to an applicant following submission of
a federal postcard application under Chapter 101 may not be
accepted if it is determined after sending the ballot to the
applicant that the applicant was not eligible to be registered with
the information provided on the application.
(h) A poll watcher accepted for service under Chapter 33 may
challenge the acceptance of any early voting ballot voted by mail
under this section by bringing attention of an irregularity or a
violation of law to a chair of the early voting ballot board, who
shall resolve the challenge by majority vote of the early voting
ballot board.
SECTION 30. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail that:
(1) has a carrier envelope certificate that:
(A) the voter did not sign; or
(B) cannot immediately be determined to contain
the signature of the voter;
(2) is missing a required statement of residence; or
(3) contains incomplete information concerning a
witness or assistant.
(b) Before rejecting a timely delivered ballot under
Section 87.041, the early voting ballot board may:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person before the time the polls are
required to close on election day and present an acceptable form of
identification under Section 63.0101 to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) The early voting ballot board may not resolve the defect
in a manner not described by Subsection (b), including in-person
visits to the voter at a location other than the early voting
clerk's office, or communication that is entirely electronic or
telephonic.
(d) The early voting clerk shall maintain a log of all
ballots corrected under this section, which shall include:
(1) the name of the voter;
(2) an identification number unique to the voter;
(3) the voter's signature;
(4) the date and time the ballot was received; and
(5) the action taken under Subsection (b).
(e) A poll watcher is entitled to observe any action taken
under Subsection (b).
(f) The secretary of state may prescribe procedures
necessary to implement this section.
SECTION 31. Section 87.042(b), Election Code, is amended to
read as follows:
(b) The [Except as provided by Subsection (c), the] board
shall place the ballot envelope containing an accepted ballot in a
separate container from the ballot box containing the early voting
ballots voted by personal appearance.
SECTION 32. Sections 87.062(a) and (c), Election Code, are
amended to read as follows:
(a) On the direction of the presiding judge, the early
voting ballot board, in accordance with Section 85.032(b), shall
open the containers [container] for the early voting ballots that
are to be counted by the board, remove the contents from the
containers [container], and remove any ballots enclosed in ballot
envelopes from their envelopes.
(c) Ballots voted by mail shall be tabulated separately from
ballots voted by personal appearance and shall be separately
reported on the returns [The results of all early voting ballots
counted by the board under this subchapter shall be included in the
same return].
SECTION 33. Section 87.103, Election Code, is amended to
read as follows:
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
The early voting electronic system ballots counted at a central
counting station, the ballots cast at a precinct polling place, and
the ballots voted by mail shall be tabulated separately [from the
ballots cast at precinct polling places] and shall be separately
reported on the returns.
(b) The early voting returns prepared at the central
counting station must include any early voting results obtained by
the early voting ballot board under Subchapter [Subchapters] D [and
E].
SECTION 34. Section 87.126, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Electronic records made under this section shall record
both sides of any application, envelope, or ballot recorded, and
all such records shall be provided to the early voting ballot board,
the signature verification committee, or both.
SECTION 35. 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; [or]
(B-1) a member of the Texas State Guard, the
Texas National Guard, 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 36. 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
20301-20311) [(42 U.S.C. Section 1973ff et seq.)].
SECTION 37. 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 38. 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 20301-20311) [(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 39. 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 40. 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 20301-20311) [(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 41. 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
where the requestor is registered to vote [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 42. 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 43. 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 __________ cannot appear
at the polling place during the early voting period or on election
day [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 due to illness, injury,
prescribed medical confinement, or mental or physical impairment,
[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 44. Section 111.008, Election Code, is amended to
read as follows:
Sec. 111.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST
AND REGISTERED VOTER LIST. (a) For each voter accepted to vote a
restricted ballot, a notation shall be made beside the voter's name
on the early voting poll list indicating that a restricted ballot
was voted and the type of restricted ballot. If the voter's name
appears on the list of registered voters used for conducting early
voting, a similar notation shall be made on that list unless the
form of the list makes it impracticable to do so.
(b) The election officer accepting the voter shall
electronically submit a record to the secretary of state of each
voter accepted to vote a restricted ballot in a primary, a runoff
primary, a general election, or any special election ordered by the
governor not later than the day the voter is accepted.
SECTION 45. Chapter 112, Election Code, is amended by
adding Section 112.0075 to read as follows:
Sec. 112.0075. VERIFYING VOTING STATUS OF APPLICANT FOR
BALLOT. Before accepting an applicant to vote a limited ballot or,
in the case of an application for a limited ballot to be voted by
mail, before providing a ballot to the applicant, the early voting
clerk shall verify, if possible, using the system established by
the secretary of state, that the applicant has not previously voted
in any other county in the same election. If the person has applied
for a ballot to be voted by mail, or has been recorded as voting in
the same election, the limited ballot application shall be
rejected.
SECTION 46. 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 under
Section 84.007.
SECTION 47. Section 127.126, Election Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) The duplicate shall be substituted for the original
ballot in the ballots prepared for automatic counting. The original
must be clearly labeled "Original," must bear the serial number of
the duplicate ballot, and shall be preserved with the other voted
ballots for the same period.
(g) When duplicating damaged early voting ballots delivered
under Section 87.102, the early voting ballot board shall, at the
request of the central counting station manager, duplicate ballots
in teams consisting of an equal number of committee members from
each political party to the extent practicable. Poll watchers are
entitled to be present and observe the duplication process.
SECTION 48. 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 Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. Sections 20301-20311) [42 U.S.C. Section
1973aa-1a].
SECTION 49. Section 32.53(a)(2), Penal Code, is amended to
read as follows:
(2) "Exploitation" means the illegal or improper use
of a child, elderly individual, or disabled individual or of the
resources of a child, elderly individual, or disabled individual
for monetary or personal benefit, profit, or gain, and includes a
violation of Section 86.010 or 86.0105, Election Code, where the
offense involves a voter 65 years of age or older or a disabled
individual.
SECTION 50. The following provisions of the Election Code
are repealed:
(1) Section 33.051(c);
(2) Section 86.006(a-1);
(3) Section 87.042(c); and
(4) Section 105.002.
SECTION 51. The changes in law made by this Act in amending
the elements of an offense or repealing or amending the punishments
for existing criminal offenses apply only to an offense committed
on or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 52. This Act takes effect September 1, 2021.