Bill Text: TX SB1601 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to ensuring election integrity, including through periodic voter registration; creating criminal offenses; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1601 Detail]
Download: Texas-2019-SB1601-Introduced.html
86R12852 ADM-D | ||
By: Hall | S.B. No. 1601 |
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relating to ensuring election integrity, including through | ||
periodic voter registration; creating criminal offenses; imposing | ||
a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 11.003. PLACE FOR VOTING; OFFENSES. (a) Except as | ||
otherwise provided by this code, a person may vote only in the | ||
election precinct in which the person resides. | ||
(b) A person commits an offense if the person casts a vote in | ||
violation of Subsection (a). | ||
(c) An election officer commits an offense if the officer | ||
knowingly permits a person to cast a vote in violation of Subsection | ||
(a). | ||
(d) An offense under Subsection (b) or (c) is a Class A | ||
misdemeanor. | ||
SECTION 2. Section 13.122(a), Election Code, is amended to | ||
read as follows: | ||
(a) In addition to the other statements and spaces for | ||
entering information that appear on an officially prescribed | ||
registration application form, each official form must include: | ||
(1) the statement: "I understand that giving false | ||
information to procure a voter registration is perjury and a crime | ||
under state and federal law."; | ||
(2) a space for the applicant's registration number; | ||
(3) a space for the applicant's Texas driver's license | ||
number or number of a personal identification card issued by the | ||
Department of Public Safety; | ||
(4) a space for the applicant's telephone number; | ||
(5) a space for the applicant's social security | ||
number; | ||
(6) a space for the applicant's sex; | ||
(7) a statement indicating that the furnishing of the | ||
applicant's telephone number and sex is optional; | ||
(8) a space or box for indicating whether the | ||
applicant or voter is submitting new registration information or a | ||
change in current registration information; | ||
(9) a statement instructing a voter who is using the | ||
form to make a change in current registration information to enter | ||
the voter's name and the changed information in the appropriate | ||
spaces on the form; | ||
(10) a statement that if the applicant declines to | ||
register to vote, that fact will remain confidential and will be | ||
used only for voter registration purposes; | ||
(11) a statement that if the applicant does register | ||
to vote, information regarding the agency or office to which the | ||
application is submitted will remain confidential and will be used | ||
only for voter registration purposes; | ||
(12) a space or box for indicating whether the | ||
applicant is interested in working as an election judge; | ||
(13) a statement warning that a conviction for making | ||
a false statement may result in imprisonment for up to the maximum | ||
amount of time provided by law, a fine of up to the maximum amount | ||
provided by law, or both the imprisonment and the fine; [ |
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(14) a space or box for indicating whether the | ||
application is for an initial registration or for renewal | ||
registration; and | ||
(15) any other voter registration information | ||
required by federal law or considered appropriate and required by | ||
the secretary of state. | ||
SECTION 3. Section 13.142(c), Election Code, is amended to | ||
read as follows: | ||
(c) An initial certificate takes effect on the effective | ||
date of the registration and expires on the fourth anniversary of | ||
the date it takes effect [ |
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SECTION 4. Section 13.143, Election Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) A registration is effective until canceled under this | ||
code or until the fourth anniversary of the date the registration | ||
became effective, whichever is earlier. | ||
(c-1) Notwithstanding Subsection (c), the registration of a | ||
voter whose registration was effective on September 1, 2019, is | ||
effective until canceled under this code or until September 1, | ||
2023, whichever is earlier. This subsection expires January 1, | ||
2024. | ||
SECTION 5. Section 14.001, Election Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) A voter may apply to the registrar for a renewal of the | ||
voter's registration at any point in the final year that the voter's | ||
current registration will be effective. | ||
(a-1) The voter shall submit a renewal application in the | ||
same manner provided for an initial application under Subchapter A | ||
of Chapter 13, and the registrar shall comply with all applicable | ||
provisions of Subchapter C of Chapter 13 in determining whether to | ||
renew the applicant's registration. [ |
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(c) A renewal certificate becomes effective on the date the | ||
voter's previous registration expires and is valid for four [ |
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years beginning on the date it becomes effective [ |
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SECTION 6. Section 15.081(a), Election Code, is amended to | ||
read as follows: | ||
(a) The registrar shall maintain a suspense list containing | ||
the name of each voter: | ||
(1) who fails to submit a response to the registrar in | ||
accordance with Section 15.053; or | ||
(2) [ |
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county provided to the registrar under Section 62.114, Government | ||
Code. | ||
SECTION 7. Section 18.065, Election Code, is amended by | ||
adding Subsections (e), (f), and (g) to read as follows: | ||
(e) If a registrar fails to correct a violation within 30 | ||
days of a notice under Subsection (b), the secretary of state shall | ||
correct the violation on behalf of the registrar. | ||
(f) A registrar is liable to this state for a civil penalty | ||
of $50 for each violation corrected by the secretary of state under | ||
Subsection (e). The attorney general may bring an action to recover | ||
a civil penalty imposed under this section. | ||
(g) A civil penalty collected by the attorney general under | ||
this section shall be deposited in the state treasury to the credit | ||
of the general revenue fund. | ||
SECTION 8. Section 62.0115(b), Election Code, is amended to | ||
read as follows: | ||
(b) Except as revised by the secretary of state under | ||
Subsection (d), the notice must state that a voter has the right to: | ||
(1) vote a ballot and view written instructions on how | ||
to cast a ballot; | ||
(2) vote in secret and free from intimidation; | ||
(3) receive up to two additional ballots if the voter | ||
mismarks, damages, or otherwise spoils a ballot; | ||
(4) request instructions on how to cast a ballot, but | ||
not to receive suggestions on how to vote; | ||
(5) bring an interpreter to translate the ballot and | ||
any instructions from election officials; | ||
(6) receive assistance in casting the ballot if the | ||
voter: | ||
(A) has a physical disability that renders the | ||
voter unable to write or see; or | ||
(B) cannot read the language in which the ballot | ||
is written; | ||
(7) cast a ballot on executing an affidavit as | ||
provided by law, if the voter's eligibility to vote is questioned; | ||
(8) report an existing or potential abuse of voting | ||
rights to the secretary of state or the local election official; and | ||
(9) [ |
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secretary of state concerning a violation of federal or state | ||
voting procedures. | ||
SECTION 9. Sections 85.001(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The period for early voting by personal appearance | ||
begins on the 10th [ |
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through the [ |
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provided by this section. | ||
(c) If the date prescribed by Subsection (a) [ |
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beginning the period is a Saturday, Sunday, or legal state holiday, | ||
the early voting period begins on the next regular business day, | ||
except as otherwise provided by Section 85.006. | ||
SECTION 10. 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 state | ||
the location of the main early voting polling place. The election | ||
notice must state that a voter is only permitted to vote at the main | ||
early voting polling place if it is located within the voter's | ||
election precinct. | ||
SECTION 11. Section 85.005(d), Election Code, is amended to | ||
read as follows: | ||
(d) In an election ordered by a city, early voting by | ||
personal appearance at the main early voting polling place shall be | ||
conducted for at least 12 hours[ |
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SECTION 12. Sections 85.006(a), (d), and (e), Election | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), the authority | ||
ordering an election may order early voting by personal appearance | ||
at the main early voting polling place to be conducted on a Saturday | ||
or Sunday [ |
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period. | ||
(d) The authority authorized to order early voting on a | ||
Saturday or Sunday under Subsection (a) or (b) shall order the | ||
voting under the applicable subsection on receipt of a written | ||
request submitted by at least 15 registered voters of the territory | ||
covered by the election. The request must be submitted in time to | ||
enable compliance with Section 85.007. The authority [ |
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is requested. | ||
(e) In a primary election or the general election for state | ||
and county officers in a county with a population of 100,000 or | ||
more, the early voting clerk shall order personal appearance voting | ||
at the main early voting polling place to be conducted for at least | ||
12 hours on [ |
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clerk shall order voting to be conducted at those times in those | ||
elections in a county with a population under 100,000 on receipt of | ||
a written request for those hours submitted by at least 15 | ||
registered voters of the county. The request must be submitted in | ||
time to enable compliance with Section 85.007. This subsection | ||
supersedes any provision of this subchapter to the extent of any | ||
conflict. | ||
SECTION 13. Section 85.010(b), Election Code, is amended to | ||
read as follows: | ||
(b) A political subdivision that holds an election | ||
described by Subsection (a) shall designate as an early voting | ||
polling place for the election any early voting polling place[ |
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established by the county and located in the political subdivision. | ||
SECTION 14. Section 85.033, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close of | ||
early voting each day, the early voting clerk shall secure each | ||
voting machine used for early voting in the manner prescribed by the | ||
secretary of state so that its unauthorized operation is prevented. | ||
The clerk shall unsecure the machine before the beginning of early | ||
voting the following day. | ||
(b) A voting machine used for early voting may not be | ||
removed from the polling place until the polls close on election | ||
day. | ||
(c) A person commits an offense if the person violates | ||
Subsection (b). | ||
(d) An offense under this section is a state jail felony. | ||
SECTION 15. Section 85.061(b), Election Code, is amended to | ||
read as follows: | ||
(b) In an election in which a temporary branch polling place | ||
is established under Section 85.062(a)(1) [ |
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commissioners court may provide by resolution, order, or other | ||
official action that any one or more of the county clerk's regularly | ||
maintained branch clerical offices are not to be branch early | ||
voting polling places in the election. | ||
SECTION 16. Sections 85.062(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) One [ |
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or more early voting polling places other than the main early voting | ||
polling place shall [ |
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in the territory covered by the election by: | ||
(1) the commissioners court, for an election in which | ||
the county clerk is the early voting clerk; or | ||
(2) the governing body of the political subdivision | ||
served by the authority ordering the election, for an election in | ||
which a person other than the county clerk is the early voting | ||
clerk. | ||
(b) A polling place established under this section may be | ||
located[ |
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served by the early voting clerk and may be located in any | ||
stationary structure as directed by the authority establishing the | ||
branch office. The polling place may be located in a movable | ||
structure, but the structure may not change locations during the | ||
early voting period [ |
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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 17. Section 85.063, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.063. DAYS AND HOURS FOR VOTING: PERMANENT OR | ||
TEMPORARY BRANCH. Early voting by personal appearance at each | ||
permanent or temporary branch polling place shall be conducted on | ||
the same days and during the same hours as voting is conducted at | ||
the main early voting polling place. | ||
SECTION 18. 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 at a temporary branch polling place [ |
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county clerk or city secretary under Section 83.002 or 83.005. | ||
SECTION 19. The following provisions of the Election Code | ||
are repealed: | ||
(1) Sections 85.001(b) and (e); | ||
(2) Section 85.003; | ||
(3) Sections 85.062(d) and (e); | ||
(4) Section 85.064; | ||
(5) Section 85.065; and | ||
(6) Section 85.066. | ||
SECTION 20. The changes in law made by this Act apply only | ||
to an election ordered on or after the effective date of this Act. | ||
An election ordered before the effective date of this Act is | ||
governed by the law in effect when the election was ordered, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 21. This Act takes effect September 1, 2019. |