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


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
 
 
  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.
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