Bill Text: TX SB1605 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to election integrity; creating criminal offenses; increasing criminal penalties; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1605 Detail]
Download: Texas-2019-SB1605-Introduced.html
86R12854 ADM-D | ||
By: Hall | S.B. No. 1605 |
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relating to election integrity; creating criminal offenses; | ||
increasing criminal penalties; imposing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. EARLY VOTING AND POLLING PLACES | ||
SECTION 1.01. Section 84.002, Election Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) An application for a ballot under this section must | ||
require the voter to affirmatively indicate the voter's ground of | ||
eligibility for early voting. | ||
(d) An application for a ballot under this section must | ||
contain: | ||
(1) a space for a person who assists the voter with the | ||
application to indicate the person's name and address; and | ||
(2) if the application was provided to the voter by a | ||
political party, a political action committee, or a candidate, the | ||
identity of the party, committee, or candidate, as appropriate. | ||
SECTION 1.02. Section 84.003(b), Election Code, is amended | ||
to read as follows: | ||
(b) A person who acts as a witness for an applicant for an | ||
early voting ballot application commits an offense if the person | ||
knowingly fails to comply with Section 1.011. A person who [ |
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completing an early voting ballot application commits an offense if | ||
the person knowingly fails to comply with Section 1.011(d) in the | ||
same manner as a witness. | ||
SECTION 1.03. Section 86.0051(d), Election Code, is amended | ||
to read as follows: | ||
(d) An offense under this section is a [ |
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SECTION 1.04. Section 87.027(i), Election Code, is amended | ||
to read as follows: | ||
(i) 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 | ||
known signature [ |
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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. 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. | ||
SECTION 1.05. Sections 87.041(b), (c), (e), and (g), | ||
Election Code, are amended to read as follows: | ||
(b) A ballot may be accepted only if: | ||
(1) the carrier envelope certificate is properly | ||
executed; | ||
(2) neither the voter's signature on the ballot | ||
application nor the signature on the carrier envelope certificate | ||
is determined to have been executed by a person other than the | ||
voter, unless signed by a witness; | ||
(3) the voter's ballot application states a legal | ||
ground for early voting by mail; | ||
(4) the voter is registered to vote, if registration | ||
is required by law; | ||
(5) the address to which the ballot was mailed to the | ||
voter, as indicated by the application, was outside the voter's | ||
county of residence, if the ground for early voting is absence from | ||
the county of residence; | ||
(6) for a voter to whom a statement of residence form | ||
was required to be sent under Section 86.002(a), the statement of | ||
residence is returned in the carrier envelope and indicates that | ||
the voter satisfies the residence requirements prescribed by | ||
Section 63.0011; [ |
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(7) the address to which the ballot was mailed to the | ||
voter is an address that is otherwise required by Sections 84.002 | ||
and 86.003; and | ||
(8) the person determining whether to accept the | ||
ballot has confirmed that the voter did not cast a ballot in person | ||
for the election. | ||
(c) If a ballot is accepted, the member of the board who | ||
accepted the ballot shall initial the carrier envelope, and the | ||
board shall enter the voter's name on the poll list unless the form | ||
of the list makes it impracticable to do so. The names of the voters | ||
casting ballots by mail shall be listed separately on the poll list | ||
from those casting ballots by personal appearance. | ||
(e) In making the determination under Subsection (b)(2), | ||
the board may also compare the signatures with any known signature | ||
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determine whether the signatures are those of the voter. | ||
(g) A person commits an offense if the person intentionally | ||
accepts a ballot for voting or causes a ballot to be accepted for | ||
voting that the person knows does not meet the requirements of | ||
Subsection (b). An offense under this subsection is a state jail | ||
felony [ |
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SECTION 1.06. Section 87.042(b), Election Code, is amended | ||
to read as follows: | ||
(b) The [ |
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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 1.07. Section 87.0241, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.0241. ACCEPTING EARLY VOTING BALLOT VOTED BY MAIL | ||
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whether to accept early voting ballots voted by mail in accordance | ||
with Section 87.041 until after all ballots cast in person for the | ||
election have been counted [ |
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(b) A member of an early voting ballot board commits an | ||
offense if the person accepts an early voting ballot voted by mail | ||
in violation of Subsection (a) [ |
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(c) An offense under this section is a state jail felony | ||
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SECTION 1.08. 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 [ |
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are to be counted by the board, remove the contents from each [ |
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container, and remove any ballots enclosed in ballot envelopes from | ||
their envelopes. | ||
(c) Ballots voted by mail shall be tabulated separately from | ||
the ballots voted by personal appearance and shall be separately | ||
reported on the returns [ |
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SECTION 1.09. 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 precinct polling places, and | ||
the ballots voted by mail shall be tabulated separately [ |
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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 [ |
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ARTICLE 2. ELECTION DAY AND TABULATION OF RESULTS | ||
SECTION 2.01. Section 52.075, Election Code, is amended to | ||
read as follows: | ||
Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING | ||
SYSTEMS. The secretary of state may prescribe the form and content | ||
of a ballot for an election using a voting system, including an | ||
electronic voting system [ |
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requirements of the system. | ||
SECTION 2.02. Section 63.001, Election Code, is amended by | ||
adding Subsection (c-2) to read as follows: | ||
(c-2) If the list of registered voters for the precinct | ||
required under Subsection (c) is electronic, a paper copy must be | ||
kept at the polling place and must be used to accept voters if the | ||
electronic copy malfunctions. | ||
SECTION 2.03. Section 63.011, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-2) to read as | ||
follows: | ||
(b) A form for an affidavit required by this section must be | ||
printed on an envelope in which the provisional ballot voted by the | ||
person may be placed and must include: | ||
(1) a space for entering the identification number of | ||
the provisional ballot voted by the person; and | ||
(2) a space for an election officer to indicate: | ||
(A) whether the person presented a form of | ||
identification described by Section 63.0101; and | ||
(B) the reason why the person voted | ||
provisionally. | ||
(b-2) An election officer commits an offense if the officer | ||
intentionally indicates under Subsection (b)(2)(B) a reason for a | ||
person voting a provisional ballot other than the actual reason. An | ||
offense under this subsection is a state jail felony. | ||
SECTION 2.04. Chapter 63, Election Code, is amended by | ||
adding Section 63.0111 to read as follows: | ||
Sec. 63.0111. OFFENSES RELATED TO ACCEPTANCE OF VOTER. (a) | ||
An election officer commits an offense if the officer accepts a | ||
voter for voting under Section 63.001 if the voter is only permitted | ||
to vote a provisional ballot in the election. | ||
(b) An election officer commits an offense if the officer | ||
knowingly accepts or permits the same person to vote more than one | ||
ballot in the same election. | ||
(c) An offense under this section is a state jail felony. | ||
SECTION 2.05. Sections 64.036(a) and (d), Election Code, | ||
are amended to read as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) provides assistance to a voter who is not eligible | ||
for assistance; | ||
(2) while assisting a voter prepares the voter's | ||
ballot in a way other than the way the voter directs or without | ||
direction from the voter; | ||
(3) while assisting a voter suggests by word, sign, or | ||
gesture how the voter should vote; or | ||
(4) provides assistance, or offers to provide | ||
assistance, to a voter who has not requested assistance, indicated | ||
that the person is eligible for assistance, or selected the person | ||
to assist the voter. | ||
(d) An offense under this section is a state jail felony | ||
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SECTION 2.06. Section 65.002, Election Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) A county election officer who intentionally prevents or | ||
delays the presiding judge from counting ballots in accordance with | ||
Subsection (c) commits an offense. | ||
(e) An offense under Subsection (d) is a state jail felony. | ||
SECTION 2.07. Section 122.001, Election Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) Effective September 1, 2023, a voting system may not | ||
be used in an election if the voting system does not use a paper | ||
record or produce a paper receipt that can be used to verify the | ||
tabulation of electronic voting system results. | ||
SECTION 2.08. Subchapter A, Chapter 122, Election Code, is | ||
amended by adding Section 122.0031 to read as follows: | ||
Sec. 122.0031. UNIFORM PROCEDURES FOR CERTAIN VOTING | ||
SYSTEMS. (a) This section applies to an election in which a voting | ||
system described by Section 122.001(d-1) is used. | ||
(b) Not later than the 90th day before an election to which | ||
this section applies, the secretary of state shall adopt uniform | ||
procedures for the numbering of ballots in the election and the | ||
accountability of ballots. | ||
SECTION 2.09. Subchapter A, Chapter 123, Election Code, is | ||
amended by adding Section 123.010 to read as follows: | ||
Sec. 123.010. DIRECT RECORDING ELECTRONIC VOTING SYSTEM | ||
PROHIBITED. Except as necessary to comply with Section 61.012, an | ||
authority may not adopt a voting system that uses direct recording | ||
electronic voting machines. | ||
SECTION 2.10. Subchapter C, Chapter 127, Election Code, is | ||
amended by adding Section 127.062 to read as follows: | ||
Sec. 127.062. SEALED BALLOT BOXES FOR HYBRID VOTING SYSTEM. | ||
(a) This section applies to an election where a voting system is | ||
used that produces both an electronic system ballot and a paper | ||
record or receipt. | ||
(b) All provisions of this subchapter that apply to an | ||
electronic system ballot also apply to the paper record or receipt | ||
generated by a voting system. | ||
ARTICLE 3. STATE OFFICIALS, CITIZENSHIP, AND REGISTRATION | ||
SECTION 3.01. Chapter 1, Election Code, is amended by | ||
adding Section 1.021 to read as follows: | ||
Sec. 1.021. RESIDENCE FOR CERTAIN REGISTERED VOTERS. | ||
(a) For purposes of registration under this code, a person's | ||
residence is established at the first residence address in the | ||
following list that is applicable to the person: | ||
(1) the address stated on a driver's license issued to | ||
the person by the Department of Public Safety that has not expired | ||
or, if the person has notified the department of a change of address | ||
under Section 521.054, Transportation Code, the new address | ||
contained in the notification; | ||
(2) the address stated on a personal identification | ||
card issued to the person by the Department of Public Safety that | ||
has not expired or, if the person has notified the department of a | ||
change of address under Section 521.054, Transportation Code, the | ||
new address contained in the notification; | ||
(3) the address stated on a license to carry a | ||
concealed handgun issued to the person by the Department of Public | ||
Safety that has not expired or, if the person has notified the | ||
department of a change of address under Section 411.181, Government | ||
Code, the new address contained in the notification; | ||
(4) an address corresponding to a residence at which | ||
the person receives mail; | ||
(5) the address the person claims as a homestead in | ||
this state; or | ||
(6) the registration address of a vehicle the person | ||
owns. | ||
(b) A person whose residence in this state has no address | ||
may establish residence under this section by executing an | ||
affidavit stating that the person's residence in this state has no | ||
address and filing the affidavit with the secretary of state. | ||
(c) The address described by Subsection (a)(4) may not be a | ||
commercial post office box or similar location that does not | ||
correspond to a residence. | ||
(d) This section does not apply to: | ||
(1) a person who is a member of the armed forces of the | ||
United States or the spouse or a dependent of a member; or | ||
(2) a person enrolled as a full-time student at an | ||
institution of higher education. | ||
(e) The secretary of state shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 3.02. Section 13.071, Election Code, is amended to | ||
read as follows: | ||
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar | ||
shall review each submitted application for registration to | ||
determine whether it complies with Section 13.002 and indicates | ||
that the applicant is a United States citizen eligible for | ||
registration. | ||
(b) If the application is submitted to the Department of | ||
Public Safety in person with the proof of citizenship required by | ||
Section 20.063(e), the [ |
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not later than the seventh day after the date the application is | ||
submitted to the registrar. | ||
(c) If the application is submitted in a manner other than | ||
the manner described by Subsection (b), the registrar shall forward | ||
the information relating to the applicant to the secretary of state | ||
for determining citizenship as provided by Section 13.0721. | ||
SECTION 3.03. Subchapter C, Chapter 13, Election Code, is | ||
amended by adding Section 13.0721 to read as follows: | ||
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This | ||
section does not apply to an application for registration submitted | ||
to the Department of Public Safety in person with the proof of | ||
citizenship required by Section 20.063(e). | ||
(b) The secretary of state shall verify with the Department | ||
of Public Safety the citizenship status of each applicant for voter | ||
registration whose information is forwarded to the secretary of | ||
state as provided by Section 13.071(c). If the department verifies | ||
the applicant's citizenship status, the secretary of state shall | ||
notify the registrar. If the department does not have information | ||
regarding the citizenship status of the applicant or has | ||
information indicating that the applicant is not a citizen, the | ||
registrar and the applicant shall be notified as provided by | ||
secretary of state rule. | ||
(c) An applicant for voter registration who receives notice | ||
under Subsection (b) must provide proof of citizenship to the | ||
registrar not later than the 60th day after the date of receipt. | ||
Except as provided by Subsection (d), this proof must be presented | ||
in person. The following is acceptable as proof of citizenship | ||
under this section: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity, presented with | ||
a government-issued identification that contains the person's | ||
photograph; or | ||
(3) United States citizenship papers issued to the | ||
person, presented with a government-issued identification that | ||
contains the person's photograph. | ||
(d) An applicant may mail a certified copy of a document | ||
described by Subsection (c)(2) or (3) with a copy of the person's | ||
government-issued photo identification to the registrar. | ||
(e) If an applicant does not provide proof of citizenship as | ||
required, the registrar shall reject the application and notify the | ||
secretary of state. The secretary of state shall keep a list of | ||
applicants for which the secretary receives notice under this | ||
section. | ||
(f) The secretary of state shall adopt rules and prescribe | ||
procedures to implement this section. | ||
SECTION 3.04. Section 13.143(a), Election Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection [ |
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registration becomes effective on the 30th day after the date the | ||
application is approved [ |
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the applicant becomes 18 years of age, whichever is later. | ||
SECTION 3.05. Section 16.031(a), Election Code, is amended | ||
to read as follows: | ||
(a) The registrar shall cancel a voter's registration | ||
immediately on receipt of: | ||
(1) notice under Section 13.072(b) or 15.021 or a | ||
response under Section 15.053 that the voter's residence is outside | ||
the county; | ||
(2) an abstract of the voter's death certificate under | ||
Section 16.001(a) or an abstract of an application indicating that | ||
the voter is deceased under Section 16.001(b); | ||
(3) an abstract of a final judgment of the voter's | ||
total mental incapacity, partial mental incapacity without the | ||
right to vote, conviction of a felony, or disqualification under | ||
Section 16.002, 16.003, or 16.004; | ||
(4) notice under Section 112.012 that the voter has | ||
applied for a limited ballot in another county; | ||
(5) notice from a voter registration official in | ||
another state that the voter has registered to vote outside this | ||
state; | ||
(6) notice from the early voting clerk under Section | ||
101.053 that a federal postcard application submitted by an | ||
applicant states a voting residence address located outside the | ||
registrar's county; [ |
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(7) notice from the secretary of state that the voter | ||
has registered to vote in another county, as determined by the | ||
voter's driver's license number or personal identification card | ||
number issued by the Department of Public Safety or social security | ||
number; or | ||
(8) a list under Section 18.068 of this code or Section | ||
62.113, Government Code, of persons excused or disqualified from | ||
jury service because of citizenship status that includes the voter, | ||
or notice from any governmental agency that the voter has | ||
acknowledged that the voter is not a citizen of the United States. | ||
SECTION 3.06. Section 16.036(a), Election Code, is amended | ||
to read as follows: | ||
(a) Immediately after, but not later than the 30th day after | ||
the date a voter's registration is canceled under Section | ||
16.031(a)(3) or (8), 16.033, or 16.0331, [ |
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registrar shall deliver written notice of the cancellation to the | ||
voter. | ||
SECTION 3.07. 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 3.08. Section 18.068, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
INELIGIBILITY. (a) The secretary of state shall quarterly compare | ||
the information received under Section 16.001 of this code and | ||
Section 62.113, Government Code, to the statewide computerized | ||
voter registration list. | ||
(a-1) The secretary of state shall enter into an agreement | ||
with the Department of Public Safety under which information in the | ||
statewide computerized voter registration list is compared against | ||
information in the database of the Department of Public Safety on a | ||
monthly basis to verify the accuracy of information provided on | ||
voter registration applications. The Department of Public Safety | ||
shall use any available information under the federal REAL ID | ||
program to assist the secretary under this subsection. The | ||
information compared must include, at a minimum, a voter's: | ||
(1) full legal name; | ||
(2) former name, if applicable; | ||
(3) date of birth; | ||
(4) residence address; | ||
(5) driver's license or state identification card | ||
number; | ||
(6) signature; | ||
(7) social security number; | ||
(8) documentation of lawful presence in this state; | ||
and | ||
(9) citizenship status. | ||
(a-2) If the secretary of state determines from information | ||
received under Subsection (a) or (a-1) that a voter on the | ||
registration list may be ineligible to vote [ |
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(1) the voter registrar of the counties considered | ||
appropriate by the secretary; and | ||
(2) if appropriate, the attorney general. | ||
(b) The secretary of state shall by rule determine what | ||
information combinations identified as common to a voter and to an | ||
individual who is deceased or ineligible to vote constitute a weak | ||
match or a strong match in order to: | ||
(1) produce the least possible impact on Texas voters; | ||
and | ||
(2) fulfill its responsibility to manage the voter | ||
rolls. | ||
(c) The secretary of state may not determine that a voter is | ||
deceased or ineligible to vote based on a weak match. The | ||
secretary of state may inform the county of the voter's residence | ||
that a weak match exists. | ||
(d) On receiving notification from the secretary of state | ||
under Subsection (c) that a weak match of identifying information | ||
exists for a county voter and an individual who is deceased or | ||
ineligible to vote, the county shall investigate whether the voter | ||
is that [ |
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(e) The secretary of state may determine that a voter is | ||
deceased or ineligible to vote based on a strong match. | ||
(f) The secretary of state may obtain, for purposes of | ||
determining whether a voter is deceased or ineligible to vote, | ||
information from other state agency databases relating to a voter | ||
that is the same type of information that the secretary of state or | ||
a voter registrar collects or stores for voter registration | ||
purposes. | ||
SECTION 3.09. Section 19.001(a), Election Code, is amended | ||
to read as follows: | ||
(a) Before May 15 of each year, the registrar shall prepare | ||
and submit to the secretary of state a statement containing: | ||
(1) the total number of initial registrations for the | ||
previous voting year; | ||
(2) the total number of registrations canceled under | ||
Sections 16.031(a)(1) and (8) and Section [ |
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for the previous voting year; and | ||
(3) the total number of registrations for which | ||
information was updated for the previous voting year. | ||
SECTION 3.10. Section 20.063, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who submits a voter registration application to | ||
the department in person shall at the time of submission present as | ||
proof of citizenship: | ||
(1) an unexpired passport issued to the person; | ||
(2) a certified copy of a birth certificate or other | ||
document confirming the person's birth that is admissible in a | ||
court of law and establishes the person's identity; or | ||
(3) United States citizenship papers issued to the | ||
person. | ||
ARTICLE 4. REPEALER, TRANSITION, AND EFFECTIVE DATE | ||
Section 4.01. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 13.041; | ||
(2) Sections 13.143(d) and (e); | ||
(3) Section 16.0332; | ||
(4) Section 66.058(g); | ||
(5) Section 87.042(c); | ||
(6) Sections 127.201(f) and (g); | ||
(7) Chapter 129; and | ||
(8) Section 213.016. | ||
SECTION 4.02. Section 33.05, Penal Code, is repealed. | ||
SECTION 4.03. The changes in law made by this Act in | ||
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 4.04. This Act takes effect September 1, 2019. |