Bill Text: TX SB2433 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to certain election practices and procedures; increasing a criminal penalty; providing an administrative penalty.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2023-04-28 - Referred to Elections [SB2433 Detail]

Download: Texas-2023-SB2433-Engrossed.html

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By: Bettencourt, Hall S.B. No. 2433
Middleton

A BILL TO BE ENTITLED
AN ACT
relating to certain election practices and procedures; increasing a
criminal penalty; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address:[,]
(A) the address at which the applicant receives
mail;
(B) [and] a concise description of the location
of the applicant's residence; and
(C) a statement that the applicant's residence
has no address;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the
Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
SECTION 2. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
employment of the county elections administrator may be suspended,
with or without pay, or terminated at any time for good and
sufficient cause on the three-fifths [four-fifths] vote of the
county election commission and approval of that action by a
majority vote of the commissioners court.
SECTION 3. Section 31.043, Election Code, is amended to
read as follows:
Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. (a) The
county elections administrator shall perform:
(1) the duties and functions of the voter registrar;
(2) the duties and functions placed on the county
clerk by this code;
(3) the duties and functions relating to elections
that are placed on the county clerk by statutes outside this code,
subject to Section 31.044; and
(4) the duties and functions placed on the
administrator under Sections 31.044 and 31.045.
(b) The county elections administrator is a nonvoting
member of the county election commission and the county election
board.
SECTION 4. Subchapter B, Chapter 31, Election Code, is
amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and
31.0435 to read as follows:
Sec. 31.0431. REPORT TO COUNTY ELECTION COMMISSION: VOTE BY
MAIL. Not later than the 30th day after the final canvass of an
election is completed, the county elections administrator shall
provide a report to the county election commission that includes
the following information pertaining to voting by mail:
(1) the number of applications for a ballot to be voted
by mail submitted and the number of applications rejected;
(2) the number of official ballots to be voted by mail:
(A) provided to an applicant;
(B) returned by an applicant;
(C) returned undelivered by the United States
Postal Service;
(D) delivered to the early voting ballot board or
signature verification committee;
(E) for which the voters were accepted by the
early voting ballot board, including accepted voters whose jacket
envelopes were empty, contained the wrong ballot, or contained
multiple ballots; and
(F) for which the voters were rejected by the
early voting ballot board;
(3) the number of limited ballots to be voted by mail
submitted by an applicant; and
(4) the number of ballots voted by mail:
(A) delivered to the central counting station;
(B) duplicated at the central counting station;
and
(C) tabulated by the central counting station.
Sec. 31.0432. REPORT TO COUNTY ELECTION COMMISSION: EARLY
VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the
final canvass of an election is completed, the county elections
administrator shall provide a report to the county election
commission that includes the following information pertaining to
each day of early voting by personal appearance:
(1) the number of persons accepted to vote using a
limited ballot and the number of limited ballots cast;
(2) the number of:
(A) voters accepted to vote at each polling
place, including accepted voters who did not cast a vote;
(B) votes cast at each polling place and in each
election precinct;
(C) voters accepted to vote a provisional ballot;
(D) provisional ballot affidavits accepted at
each polling place;
(E) requests for cancellation of an application
for a ballot to be voted by mail received by each polling place;
(F) spoiled ballots at each polling place;
(G) marked ballots deposited in a location other
than a ballot box;
(H) polling places where 25 percent or more of
the election officers were not available to work at the polling
place for more than one hour at a time;
(I) polling places where a seal on a ballot box or
voting equipment did not match the documentation or was broken; and
(J) polling places that were not able to
reconcile every voter against the record of votes cast, including
the number of polling places where the discrepancy exceeded two
votes cast;
(3) the allocation of voting equipment and election
officials for each polling place; and
(4) the number of ballots cast during early voting by
personal appearance that were duplicated by the central counting
station.
Sec. 31.0433. REPORT TO COUNTY ELECTION COMMISSION:
ELECTION DAY. Not later than the 30th day after the final canvass of
an election is completed, the county elections administrator shall
provide a report to the county election commission that includes
the following information pertaining to election day:
(1) the number of:
(A) voters accepted to vote at each polling
place, including accepted voters who did not cast a vote;
(B) votes cast at each polling place and in each
election precinct;
(C) voters accepted to vote a provisional ballot;
(D) provisional ballot affidavits accepted at
each polling place;
(E) requests for cancellation of an application
for a ballot to be voted by mail received by each polling place;
(F) spoiled ballots at each polling place; and
(G) marked ballots deposited in a location other
than a ballot box;
(2) the allocation of voting equipment and election
officials for each polling place;
(3) the number of polling places on election day that:
(A) opened at least 10 minutes late due to the
malfunction of voting system equipment or a lack of election
supplies;
(B) closed for more than 30 minutes during voting
hours;
(C) had 25 percent or more of the voting machines
not functioning for at least 30 minutes during voting hours;
(D) had 50 percent or more of the scanning
equipment not functioning for at least 30 minutes during voting
hours;
(E) did not have a sufficient supply of ballots,
including from a shortage, having the wrong size paper for the
voting system, or any other malfunction limiting a person's ability
to vote as authorized under this code;
(F) did not print the tape showing each voting
machine counter was set to zero prior to opening the polls for
voting;
(G) failed to properly prepare the precinct
returns under Section 65.014;
(H) had 25 percent or more of the election
officers not available to work at the polling place for more than
one hour at a time;
(I) had a seal on a ballot box or voting equipment
that did not match the documentation or was broken; and
(J) were not able to reconcile every voter
against the record of votes cast, including the number of polling
places where the discrepancy exceeded two votes cast;
(4) the number of ballots cast on election day that
were duplicated by the central counting station; and
(5) the number of times a presiding judge delivered
the election returns but did not receive a chain of custody
document.
Sec. 31.0434. REPORT TO COUNTY ELECTION COMMISSION:
ADDITIONAL ELECTION INFORMATION. Not later than the 30th day after
the final canvass of an election is completed, the county elections
administrator shall provide a report to the county election
commission that includes the following information pertaining to an
election conducted in the county:
(1) the number of suspense voters in the county;
(2) the number of statements of residence completed at
each polling place;
(3) a reconciliation of:
(A) every election precinct in the county on the
number of registered voters and the number of votes cast;
(B) every data storage device assigned to a
polling place or to ballots to be voted by mail and its inclusion on
audit documentation; and
(C) the number of votes on each results tape and
the total number of votes cast; and
(4) an inventory of election records with container
labels, including a list of the contents in each container.
Sec. 31.0435. COUNTY ELECTION COMMISSION REVIEW OF REPORTS.
(a) The county election commission shall review reports provided by
the county elections administrator under Section 31.0431.
(b) Not later than the 30th day after receiving the reports,
the county election commission shall provide recommendations to the
county elections administrator based on the provided reports.
(c) During the next countywide election, the county
election commission shall monitor the county elections
administrator to determine whether the administrator is following
the recommendations provided by the commission under Subsection
(b).
SECTION 5. Section 43.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the entity that owns or controls a public building
selected for a polling place under this section is a school district
and fails to make the building available in accordance with
Subsection (c), the district may not designate the building as a
polling place for an election for the board of trustees or for a
school district bond election until after the fifth anniversary of
the date of the election in which the district failed to comply with
this section.
SECTION 6. Section 65.014(e), Election Code, is amended to
read as follows:
(e) An offense under Subsection (d) is a Class A [B]
misdemeanor.
SECTION 7. Section 65.053, Election Code, is amended to
read as follows:
Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. (a) The
presiding judge of an election precinct shall deliver in person to
the general custodian of election records the box containing each
envelope containing a provisional ballot that was cast in the
precinct. The secretary of state shall prescribe procedures by
which the early voting ballot board may have access to the
provisional ballots as necessary to implement this subchapter.
(b) The presiding judge of an election precinct shall daily
prepare a notice of the number of provisional ballots delivered to
the general custodian of elections records under Subsection (a) and
deliver the notice to, as applicable:
(1) the central counting station;
(2) the counting station designated under Section
127.001(b); or
(3) the early voting ballot board.
SECTION 8. Section 66.052, Election Code, is amended to
read as follows:
Sec. 66.052. DELIVERY BY ELECTION CLERK. (a) Subject to
Subsection (b), a [A] delivery of election records or supplies that
is to be performed by the presiding judge may be performed by an
election clerk designated by the presiding judge.
(b) A presiding judge may only designate an election clerk
under Subsection (a) who has served at the same polling place as the
presiding judge for at least four hours before the designation.
SECTION 9. Section 66.055, Election Code, is amended to
read as follows:
Sec. 66.055. FAILURE TO DELIVER [JUDICIAL IMPOUNDMENT OF]
ELECTION RECORDS. (a) If the precinct election records are not
delivered by the deadline prescribed by Section 66.053(c):
(1) the secretary of state may supervise the
activities necessary to complete the count, prepare the precinct
returns, and distribute the records; or
(2) [,] on application by a member of the canvassing
authority, a district judge shall order the precinct election
records to be impounded.
(b) If the precinct election records are impounded under
Subsection (a)(2), the [The] district judge shall supervise the
activities necessary to complete the count, prepare the precinct
returns, and distribute the records.
SECTION 10. Section 67.007, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The secretary of state shall post the county returns
on the secretary of state's Internet website, organized by
precinct. Not later than 24 hours after the secretary of state posts
the county returns, the county clerk shall verify that the county
returns on the secretary of state's Internet website accurately
reflect the precinct returns delivered to the county clerk.
SECTION 11. Section 67.013, Election Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The secretary of state shall compare the county
returns with the corresponding local election register. If a
discrepancy is discovered between the vote totals shown on the
returns and those shown in the register, the secretary of state
shall examine the returns and register and make the necessary
corrections on the returns.
SECTION 12. Section 86.011(b), Election Code, is amended to
read as follows:
(b) If the return is timely, the clerk shall enter the time
and date of receipt on the carrier envelope and enclose the carrier
envelope and the voter's early voting ballot application in a
jacket envelope. The clerk shall also include in the jacket
envelope:
(1) a copy of the voter's federal postcard application
if the ballot is voted under Chapter 101; and
(2) the signature cover sheet, if the ballot is voted
under Chapter 105.
SECTION 13. Section 127.126, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (g) to
read as follows:
(a) The manager of a central counting station may have
ballots duplicated for automatic counting as provided by this
section. The manager shall designate teams of two election
officers to prepare the duplicate ballots. Each officer on the team
must be aligned or affiliated with a different political party
unless there are not two or more election officers serving the
central counting station who are aligned with different parties.
(a-1) The election officers designated under Subsection (a)
shall prepare a duplicate ballot by having one officer announce the
name of the candidate and the other officer mark the ballot with the
name of that candidate. Each duplicate ballot must be
independently reviewed by a second team of two election officers,
each of whom is aligned or affiliated with a different political
party as described by Subsection (a).
(g) The manager of a central counting station shall post the
time that ballots will be duplicated to ensure that poll watchers
are able to observe the activity under this section.
SECTION 14. Section 127.351(c), Election Code, is amended
to read as follows:
(c) Except as provided by Section 127.352, a [A] county
selected to be audited may not be required to pay the cost of
performing an audit under this section.
SECTION 15. Subchapter J, Chapter 127, Election Code, is
amended by adding Section 127.352 to read as follows:
Sec. 127.352. COOPERATION BY COUNTY. (a) The secretary of
state may request that a county selected under Section 127.351
provide to the secretary of state as necessary to complete an audit
under this subchapter:
(1) records or other documents in the possession of
the county; and
(2) the assistance of county employees.
(b) A county selected under Section 127.351 shall comply
with a request made under Subsection (a) not later than the 14th day
after the request is made.
(c) The secretary of state may assess an administrative
penalty of not more than $500 per day for each day the county fails
or refuses to comply with a request under Subsection (a), beginning
the 14th day after the request is made and ending the day the county
complies with the request.
SECTION 16. (a) The change in law made by this Act in
amending Section 65.014(e), Election Code, applies 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.
(b) Section 127.351(c), Election Code, as amended by this
Act, and Section 127.352, Election Code, as added by this Act, apply
only to an audit initiated under Subchapter J, Chapter 127,
Election Code, as amended by this Act, on or after the effective
date of this Act. An audit initiated before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 17. This Act takes effect September 1, 2023.