87S10630 TSS-D
 
  By: Murr H.B. No. 3
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to election integrity and security, including by
  preventing fraud in the conduct of elections in this state;
  increasing criminal penalties; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.01.  SHORT TITLE. This Act may be cited as the
  Election Integrity Protection Act of 2021.
         SECTION 1.02.  PURPOSE. The purpose of this Act is to
  exercise the legislature's constitutional authority under Section
  4, Article VI, Texas Constitution, to make all laws necessary to
  detect and punish fraud.
         SECTION 1.03.  FINDINGS. The legislature finds that:
               (1)  full, free, and fair elections are the
  underpinnings of a stable constitutional democracy;
               (2)  fraud in elections threatens the stability of a
  constitutional democracy by undermining public confidence in the
  legitimacy of public officers chosen by election;
               (3)  reforms are needed to the election laws of this
  state to ensure that fraud does not undermine the public confidence
  in the electoral process;
               (4)  the reforms to the election laws of this state made
  by this Act are not intended to impair the right of free suffrage
  guaranteed to the people of Texas by the United States and Texas
  Constitutions, but are enacted solely to prevent fraud in the
  electoral process and ensure that all legally cast ballots are
  counted. Integral to the right to vote is the assurance of voter
  access and the right for all votes legally cast to be counted;
               (5)  additionally, preventing a valid vote from being
  counted violates the basic constitutional rights guaranteed to each
  citizen by the United States Constitution; and
               (6)  providing for voter access and increasing the
  stability of a constitutional democracy ensures public confidence
  in the legitimacy of public officers chosen by election.
         SECTION 1.04.  Chapter 1, Election Code, is amended by
  adding Section 1.0015 to read as follows:
         Sec. 1.0015.  LEGISLATIVE INTENT. It is the intent of the
  legislature that the application of this code and the conduct of
  elections be uniform and consistent throughout this state to reduce
  the likelihood of fraud in the conduct of elections, protect the
  secrecy of the ballot, promote voter access, and ensure that all
  legally cast ballots are counted.
         SECTION 1.05.  Section 1.003, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Election officials and other public officials shall
  strictly construe the provisions of this code to effect the intent
  of the legislature under Section 1.0015.
         SECTION 1.06.  Section 1.018, Election Code, is amended to
  read as follows:
         Sec. 1.018.  APPLICABILITY OF PENAL CODE. In addition to
  Section 1.03, Penal Code, and to other titles of the Penal Code that
  may apply to this code, Titles 2 and [Title] 4, Penal Code, apply
  [applies] to offenses prescribed by this code.
  ARTICLE 2. REGISTRATION OF VOTERS
         SECTION 2.01.  Section 13.002, Election Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  The information required under Subsection (c) must be
  supplied by the person desiring to register to vote.
         SECTION 2.02.  Section 15.021, Election Code, is amended by
  amending Subsections (b) and (d) and adding Subsections (d-1) and
  (d-2) to read as follows:
         (b)  Except as provided by Subsection (d), the [The] voter
  shall use the registration certificate or a registration
  application form as the notice, indicating the correct information
  in the appropriate space on the certificate or application form
  unless the voter does not have possession of the certificate or an
  application form at the time of giving the notice.
         (d)  A voter [who continues to reside in the county in which
  the voter is registered] may correct information under this section
  by digital transmission of the information under a program
  administered by the secretary of state and the Department of
  Information Resources.
         (d-1)  If the notice indicates that a voter no longer resides
  in the county in which the voter is registered, the registrar shall
  forward the notice and the voter's original application for
  registration to the registrar of the county in which the voter
  resides. The registrars shall coordinate to ensure that the
  voter's existing registration is canceled immediately after the
  voter is registered in the county in which the voter resides in
  accordance with Subsection (d-2).
         (d-2)  A registrar who receives a voter's notice and
  application from another registrar under Subsection (d-1) shall
  treat it as an original application for registration under Section
  13.002, and shall register the voter if the voter resides in the
  county and is otherwise eligible under Section 13.001.
         SECTION 2.03.  Section 15.028, Election Code, is amended to
  read as follows:
         Sec. 15.028.  NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
  PROSECUTOR]. [(a)] If the registrar determines that a person who
  is not eligible to vote either registered to vote or [a registered
  voter] voted in an election, the registrar shall execute and
  deliver to the attorney general, the secretary of state, and the
  county or district attorney having jurisdiction in the territory
  covered by the election an affidavit stating the relevant facts.
         [(b)  If the election covers territory in more than one
  county, the registrar shall also deliver an affidavit to the
  attorney general.]
  ARTICLE 3. CONDUCT AND SECURITY OF ELECTIONS
         SECTION 3.01.  Section 2.053(a), Election Code, is amended
  to read as follows:
         (a)  On receipt of the certification, the governing body of
  the political subdivision by order or ordinance shall [may] declare
  each unopposed candidate elected to the office. If no election is to
  be held on election day by the political subdivision, a copy of the
  order or ordinance shall be posted on election day at each polling
  place used or that would have been used in the election.
         SECTION 3.02.  Section 2.056(c), Election Code, is amended
  to read as follows:
         (c)  A certifying authority shall [may] declare a candidate
  elected to an office of the state or county government if, were the
  election held, only the votes cast for that candidate in the
  election for that office may be counted.
         SECTION 3.03.  Sections 43.007(c) and (d), Election Code,
  are amended to read as follows:
         (c)  In conducting the program, the secretary of state shall
  provide for an audit of the voting system equipment [direct
  recording electronic voting units] before and after the election,
  and during the election to the extent such an audit is practicable.
         (d)  The secretary of state shall select to participate in
  the program each county that:
               (1)  has held a public hearing under Subsection (b);
               (2)  has submitted documentation listing the steps
  taken to solicit input on participating in the program by
  organizations or persons who represent the interests of voters;
               (3)  has implemented a computerized voter registration
  list that allows an election officer at the polling place to verify
  that a voter has not previously voted in the election;
               (4)  uses direct recording electronic voting machines,
  ballot marking devices, or hand-marked scannable paper ballots that
  are printed and scanned at the polling place or any other type of
  voting system equipment that the secretary of state determines is
  capable of processing votes for each type of ballot to be voted in
  the county; and
               (5)  is determined by the secretary of state to have the
  appropriate technological capabilities.
         SECTION 3.04.  Section 43.031(b), Election Code, is amended
  to read as follows:
         (b)  Each polling place shall be located inside a building.
  No voter may cast a vote from inside a motor vehicle unless the
  voter meets the requirements of Section 64.009.
         SECTION 3.05.  Section 52.092(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Section 2.053(c) or 2.056(e), for
  [For] an election at which offices regularly filled at the general
  election for state and county officers are to appear on the ballot,
  the offices shall be listed in the following order:
               (1)  offices of the federal government;
               (2)  offices of the state government:
                     (A)  statewide offices;
                     (B)  district offices;
               (3)  offices of the county government:
                     (A)  county offices;
                     (B)  precinct offices.
         SECTION 3.06.  Section 64.007(c), Election Code, is amended
  to read as follows:
         (c)  An election officer shall maintain a register of spoiled
  ballots at the polling place. An election officer shall enter on
  the register the name of each voter who returns a spoiled ballot and
  the spoiled ballot's number. The secretary of state shall create
  and promulgate a form to be used for this purpose.
         SECTION 3.07.  Subchapter A, Chapter 66, Election Code, is
  amended by adding Section 66.004 to read as follows:
         Sec. 66.004.  CLOSING POLLING PLACE. The secretary of state
  shall adopt rules and create a checklist or similar guidelines to
  assist the presiding judge of a polling place in processing forms
  and conducting procedures required by this code at the closing of
  the polling place.
         SECTION 3.08.  Section 85.005, Election Code, is amended to
  read as follows:
         Sec. 85.005.  REGULAR DAYS AND HOURS FOR VOTING. (a)  Except
  as provided by Subsection (c), in an election in which a county
  clerk [or city secretary] is the early voting clerk under Section
  83.002 [or 83.005], early voting by personal appearance at the main
  early voting polling place shall be conducted on each weekday of
  [the weekdays of] the early voting period that is not a legal state
  holiday and for a period of at least nine hours, except that voting
  may not be conducted earlier than 6 a.m. or later than 10 p.m.
  [during the hours that the county clerk's or city secretary's main
  business office is regularly open for business.]
         (b)  In an election to which Subsection (a) does not apply,
  early voting by personal appearance at the main early voting
  polling place shall be conducted at least nine [eight] hours each
  weekday of the early voting period that is not a legal state holiday
  unless the territory covered by the election has fewer than 1,000
  registered voters. In that case, the voting shall be conducted at
  least four [three] hours each day. The authority ordering the
  election, or the county clerk if that person is the early voting
  clerk, shall determine which hours the voting is to be conducted.
         (c)  In a county with a population of 55,000 [100,000] or
  more, the voting in a primary election or the general election for
  state and county officers shall be conducted at the main early
  voting polling place for at least 12 hours on each weekday of the
  last week of the early voting period, and the voting in a special
  election ordered by the governor shall be conducted at the main
  early voting polling place for at least 12 hours on each of the last
  two days of the early voting period. Voting under this subsection
  may not be conducted earlier than 6 a.m. or later than 10 p.m.
  Voting shall be conducted in accordance with this subsection in
  those elections in a county with a population under 55,000
  [100,000] on receipt by the early voting clerk of a written request
  for the extended hours submitted by at least 15 registered voters of
  the county. The request must be submitted in time to enable
  compliance with Section 85.067.
         (d)  A voter who has not voted before the scheduled time for
  closing a polling place is entitled to vote after that time if the
  voter is in line at the polling place by closing time. The secretary
  of state shall promulgate any materials and provide any training to
  presiding judges necessary to properly process voters under this
  subsection [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:
               [(1)  on one weekday, if the early voting period
  consists of less than six weekdays; or
               [(2)  on two weekdays, if the early voting period
  consists of six or more weekdays].
         SECTION 3.09.  Sections 85.006(b) and (e), Election Code,
  are amended to read as follows:
         (b)  In an election in which a county clerk [or city
  secretary] is the early voting clerk under Section 83.002 [or
  83.005], only the early voting clerk may order voting on a Saturday
  or Sunday. The clerk must do so by written order.
         (e)  In a primary election or the general election for state
  and county officers in a county with a population of 55,000
  [100,000] or more, the early voting clerk shall order voting by
  personal appearance [voting] at the main early voting polling place
  to be conducted on the last Saturday of the early voting period for
  at least 12 hours, except that voting may not be conducted earlier
  than 6 a.m. or later than 10 p.m., [on the last Saturday] and on the
  last Sunday of the early voting period for at least six [five]
  hours, except that voting may not be conducted earlier than 9 a.m.
  or later than 10 p.m [on the last Sunday of the early voting
  period]. The early voting clerk shall order voting to be conducted
  at those times in those elections in a county with a population
  under 55,000 [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 3.10.  Section 85.010(a-1), Election Code, is
  amended to read as follows:
         (a-1)  In this section, "eligible county polling place"
  means an early voting polling place[, other than a polling place
  established under Section 85.062(e),] established by a county.
         SECTION 3.11.  Section 85.061(a), Election Code, is amended
  to read as follows:
         (a)  In a countywide election in which the county clerk is
  the early voting clerk under Section 83.002, an early voting
  polling place shall be located inside [at] each branch office that
  is regularly maintained for conducting general clerical functions
  of the county clerk, except as provided by Subsection (b). If a
  suitable room is unavailable inside the branch office, the polling
  place may be located in another room inside the same building as the
  branch office.
         SECTION 3.12.  Section 85.062, Election Code, is amended by
  amending Subsection (b) and adding Subsection (f-1) to read as
  follows:
         (b)  A polling place established under this section may be
  located, subject to Subsection (d), at any place in the territory
  served by the early voting clerk and may be located inside [in] any
  building [stationary structure] as directed by the authority
  establishing the branch office. The polling place may not be
  located in a movable structure in the general election for state and
  county officers, general primary election, or runoff primary
  election. 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.
         (f-1)  Notwithstanding any other provision of this section
  concerning the location of temporary branch polling places, in an
  election in which countywide polling places are used, the
  commissioners court of a county shall employ the same methodology
  it uses to determine the location of countywide polling places to
  determine the location of temporary branch polling places.
         SECTION 3.13.  Section 124.002, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Voting system ballots may not be arranged in a manner
  that allows a political party's candidates to be selected in one
  motion or gesture.
  ARTICLE 4. ELECTION OFFICERS AND OBSERVERS
         SECTION 4.01.  Section 32.075, Election Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  A presiding judge may not have a watcher duly accepted
  for service under Subchapter A, Chapter 33, removed from the
  polling place for violating a provision of this code, the Penal
  Code, or any other provision of law relating to the conduct of
  elections, unless the violation was observed by an election judge
  or clerk after the watcher was previously warned that the watcher's
  conduct violated the law.
         (h)  Notwithstanding Subsection (g), a presiding judge may
  call a law enforcement officer to request that a poll watcher be
  removed if the poll watcher commits a breach of the peace or a
  violation of law.
         SECTION 4.02.  Subchapter A, Chapter 33, Election Code, is
  amended by adding Section 33.0015 to read as follows:
         Sec. 33.0015.  CHAPTER PURPOSE AND WATCHER DUTY. The
  purpose of this chapter is to preserve the integrity of the ballot
  box in accordance with Section 4, Article VI, Texas Constitution,
  by providing for the appointment of watchers. It is the intent of
  the legislature that watchers duly accepted for service under this
  chapter be allowed to observe and report on irregularities in the
  conduct of any election, but may not interfere in the orderly
  conduct of an election. To effect that purpose, a watcher appointed
  under this chapter shall observe without obstructing the conduct of
  an election and call to the attention of an election officer any
  observed or suspected irregularity or violation of law in the
  conduct of the election.
         SECTION 4.03.  Section 33.051, Election Code, is amended by
  adding Subsections (g) and (h) to read as follows:
         (g)  An election officer commits an offense if the officer
  intentionally or knowingly refuses to accept a watcher for service
  when acceptance of the watcher is required by this section.  An
  offense under this subsection is a Class B misdemeanor.
         (h)  Before accepting a watcher, the officer presented with a
  watcher's certificate of appointment shall require the watcher to
  take the following oath, administered by the officer: "I swear (or
  affirm) that I will not disrupt the voting process or harass voters
  in the discharge of my duties."
         SECTION 4.04.  Section 33.056, Election Code, is amended by
  amending Subsection (a) and adding Subsections (e) and (f) to read
  as follows:
         (a)  Except as provided by Section 33.057, a watcher is
  entitled to observe any activity conducted at the location at which
  the watcher is serving. A watcher is entitled to sit or stand
  [conveniently] near enough to see and hear the election officers
  conducting the observed activity, except as otherwise prohibited by
  this chapter.
         (e)  Except as provided by Section 33.057(b), a watcher may
  not be denied free movement where election activity is occurring
  within the location at which the watcher is serving.
         (f)  In this code, a watcher who is entitled to "observe" an
  election activity is entitled to sit or stand near enough to see and
  hear the activity.
         SECTION 4.05.  Subchapter C, Chapter 33, Election Code, is
  amended by adding Section 33.0605 to read as follows:
         Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.
  (a) A watcher appointed to serve at a polling place in an election
  who is available at the time of the action may observe all election
  activities relating to closing the polling place, including the
  sealing and transfer of a memory card, flash drive, hard drive, data
  storage device, or other medium now existing or later developed
  used by the voting system equipment.
         (b)  Notwithstanding any other provision of this code, a
  watcher duly accepted for service at a polling location is entitled
  to follow the transfer of election materials from the polling place
  at which the watcher was accepted to a regional tabulating center,
  the central counting station, or any other location designated to
  process election materials. The authority responsible for
  administering a regional tabulating center or another location
  where election materials are processed must accept duly appointed
  watchers for service in the same manner a watcher is accepted for
  service under Section 33.051 and must accept the same number of
  watchers that may serve under Section 33.007(a).
         SECTION 4.06.  Section 33.061(a), Election Code, is amended
  to read as follows:
         (a)  A person commits an offense if the person serves in an
  official capacity at a location at which the presence of watchers is
  authorized and knowingly prevents a watcher from observing an
  activity or procedure the person knows the watcher is entitled to
  observe, including by taking any action to obstruct the view of a
  watcher or distance the watcher from the activity or procedure to be
  observed in a manner that would make observation not reasonably
  effective.
         SECTION 4.07.  Subchapter C, Chapter 33, Election Code, is
  amended by adding Section 33.063 to read as follows:
         Sec. 33.063.  RELIEF. The appointing authority for a
  watcher who believes that the watcher was unlawfully prevented or
  obstructed from the performance of the watcher's duties may seek:
               (1)  injunctive relief under Section 273.081,
  including issuance of temporary orders;
               (2)  a writ of mandamus under Section 161.009 or
  273.061; and
               (3)  any other remedy available under law.
         SECTION 4.08.  Section 34.005, Election Code, is amended to
  read as follows:
         Sec. 34.005.  ACTION BY SECRETARY OF STATE. (a) The
  secretary of state may refer a reported violation of law for
  appropriate action to the attorney general, if the attorney general
  has jurisdiction, or to a prosecuting attorney having jurisdiction.
         (b)  If the secretary of state believes that a state
  inspector was unlawfully prevented or obstructed from the
  performance of the inspector's duties, the secretary of state may
  seek:
               (1)  injunctive relief under Section 273.081,
  including issuance of temporary orders;
               (2)  a writ of mandamus under Section 161.009 or
  273.061; and
               (3)  any other remedy available under law.
         SECTION 4.09.  Section 86.006, Election Code, is amended by
  amending Subsection (a) and adding Subsection (a-2) to read as
  follows:
         (a)  A marked ballot voted under this chapter must be
  returned to the early voting clerk in the official carrier
  envelope.  The carrier envelope may be delivered in another
  envelope and must be transported and delivered only by:
               (1)  mail;
               (2)  common or contract carrier; or
               (3)  subject to Subsections [Subsection] (a-1) and
  (a-2), in-person delivery by the voter who voted the ballot.
         (a-2)  An in-person delivery of a marked ballot voted under
  this chapter must be received by an election official at the time of
  delivery.  The receiving official shall record the voter's name,
  signature, and type of identification provided under Section
  63.0101 on a roster prescribed by the secretary of state. The
  receiving official shall attest on the roster that the delivery
  complies with this section.
         SECTION 4.10.  Section 129.023, Election Code, is amended by
  adding Subsections (b-2) and (c-1) to read as follows:
         (b-2)  If the test is being conducted for an election in
  which a county election board has been established under Section
  51.002, the general custodian of election records shall notify each
  member of the board of the test at least 48 hours before the date of
  the test. If the county election board chooses to witness the test,
  each member shall sign the statement required by Subsection (e)(1).
         (c-1)  A test conducted under this section must also require
  the general custodian of election records to demonstrate, using a
  representative sample of voting system equipment, that the source
  code of the equipment has not been altered.
  ARTICLE 5. VOTING BY MAIL
         SECTION 5.01.  Section 84.001(b), Election Code, is amended
  to read as follows:
         (b)  Subject to Section 1.011, an [An] application must be
  submitted in writing and signed by the applicant using ink on paper.
  An electronic signature or photocopied signature is not permitted.
         SECTION 5.02.  Section 84.002, Election Code, as effective
  September 1, 2021, is amended by amending Subsection (a) and adding
  Subsection (d) to read as follows:
         (a)  An early voting ballot application must include:
               (1)  the applicant's name and the address at which the
  applicant is registered to vote;
               (1-a)  the following information:
                     (A)  the number of the applicant's driver's
  license or 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);
               (2)  for an application for a ballot to be voted by mail
  on the ground of absence from the county of residence, the address
  outside the applicant's county of residence to which the ballot is
  to be mailed;
               (3)  for an application for a ballot to be voted by mail
  on the ground of age or disability, the address of the hospital,
  nursing home or other long-term care facility, or retirement
  center, or of a person related to the applicant within the second
  degree by affinity or the third degree by consanguinity, as
  determined under Chapter 573, Government Code, if the applicant is
  living at that address and that address is different from the
  address at which the applicant is registered to vote;
               (4)  for an application for a ballot to be voted by mail
  on the ground of confinement in jail, the address of the jail or of a
  person related to the applicant within the degree described by
  Subdivision (3);
               (5)  for an application for a ballot to be voted by mail
  on any ground, an indication of each election for which the
  applicant is applying for a ballot;
               (6)  an indication of the ground of eligibility for
  early voting; and
               (7)  for an application for a ballot to be voted by mail
  on the ground of involuntary civil commitment, the address of the
  facility operated by or under contract with the Texas Civil
  Commitment Office or of a person related to the applicant within the
  degree of consanguinity described by Subdivision (3).
         (d)  A person may use the number of a driver's license or
  personal identification card that has expired for the purpose of
  fulfilling the requirement under Subsection (a)(1-a) if the license
  or identification is otherwise valid.
         SECTION 5.03.  Section 84.011(a), Election Code, as
  effective September 1, 2021, is amended to read as follows:
         (a)  The officially prescribed application form for an early
  voting ballot must include:
               (1)  immediately preceding the signature space the
  statement: "I certify that the information given in this
  application is true, and I understand that giving false information
  in this application is a crime.";
               (2)  a statement informing the applicant of the
  offenses prescribed by Sections 84.003 and 84.004;
               (3)  spaces for entering an applicant's voter
  registration number and county election precinct of registration,
  with a statement informing the applicant that failure to furnish
  that information does not invalidate the application;
               (3-a)  a space for entering the information required
  under Section 84.002(a)(1-a); and
               (4)  on an application for a ballot to be voted by mail:
                     (A)  a space for an applicant applying on the
  ground of absence from the county of residence to indicate the date
  on or after which the applicant can receive mail at the address
  outside the county;
                     (B)  a space for indicating the fact that an
  applicant whose application is signed by a witness cannot make the
  applicant's mark and a space for indicating the relationship or
  lack of relationship of the witness to the applicant;
                     (C)  a space for entering an applicant's telephone
  number, with a statement informing the applicant that failure to
  furnish that information does not invalidate the application;
                     (D)  a space or box for an applicant applying on
  the ground of age or disability to indicate that the address to
  which the ballot is to be mailed is the address of a facility or
  relative described by Section 84.002(a)(3), if applicable;
                     (E)  a space or box for an applicant applying on
  the ground of confinement in jail or involuntary civil commitment
  to indicate that the address to which the ballot is to be mailed is
  the address of a relative described by Section 84.002(a)(4) or (7),
  if applicable;
                     (F)  a space for an applicant applying on the
  ground of age or disability to indicate if the application is an
  application under Section 86.0015;
                     (G)  spaces for entering the signature, printed
  name, and residence address of any person assisting the applicant;
                     (H)  a statement informing the applicant of the
  condition prescribed by Section 81.005; and
                     (I)  a statement informing the applicant of the
  requirement prescribed by Section 86.003(c).
         SECTION 5.04.  Section 84.032(c), Election Code, is amended
  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
  87.0271(b) or 87.0411(b).
         SECTION 5.05.  Section 86.001, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  If the information required under Section
  84.002(a)(1-a) included on the application does not match the
  information on the applicant's application for voter registration
  under Section 13.002(c)(8), the clerk shall reject the application.
         SECTION 5.06.  Section 86.002, Election Code, is amended by
  adding Subsections (g), (h), and (i) to read as follows:
         (g)  The carrier envelope must include a space that is hidden
  from view when the envelope is sealed for the voter to enter the
  following information:
               (1)  the number of the voter's driver's license or
  personal identification card issued by the Department of Public
  Safety;
               (2)  if the voter has not been issued a number described
  by Subdivision (1), the last four digits of the voter's social
  security number; or
               (3)  a statement by the applicant that the applicant
  has not been issued a number described by Subdivision (1) or (2).
         (h)  A person may use the number of a driver's license or
  personal identification card that has expired for purposes of
  Subsection (g) if the license or identification is otherwise valid.
         (i)  No record associating an individual voter with a ballot
  may be created.
         SECTION 5.07.  Section 86.011(c), Election Code, is amended
  to read as follows:
         (c)  If the return is not timely, the clerk shall enter the
  time of receipt on the carrier envelope and retain it in a locked
  container for the period for preserving the precinct election
  records. The clerk shall destroy the unopened envelope and its
  contents after the preservation period.
         SECTION 5.08.  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 [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.  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 5.09.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.0271 to read as follows:
         Sec. 87.0271.  OPPORTUNITY TO CORRECT DEFECT:  SIGNATURE
  VERIFICATION COMMITTEE. (a) This section applies to an early
  voting ballot voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Not later than the second business day after discovering
  a defect described by Subsection (a) and before deciding whether to
  accept or reject a timely delivered ballot under Section 87.027,
  the signature verification committee shall:
               (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 request to have the
  voter's application to vote by mail canceled in the manner
  described by Section 84.032 or come to the early voting clerk's
  office in person not later than the sixth day after election day to
  correct the defect.
         (c)  If the signature verification committee takes an action
  described by Subsection (b), the committee must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         (f)  Notwithstanding any other law, a ballot may not be
  finally rejected for a reason listed in Section 87.041(b)(1), (2),
  or (6) before the seventh day after election day.
         SECTION 5.10.  Section 87.041, Election Code, is amended by
  amending Subsections (b) and (e) and adding Subsection (d-1) 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; [and]
               (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 information required under Section 86.002(g)
  provided by the voter matches the information on the voter's
  application for voter registration under Section 13.002(c)(8).
         (d-1)  If a voter provides the information required under
  Section 86.002(g) and it matches the information on the voter's
  application for voter registration under Section 13.002(c)(8), the
  signature on the ballot application and on the carrier envelope
  certificate shall be rebuttably presumed to be the signatures of
  the voter. 
         (e)  In making the determination under Subsection (b)(2), to
  determine whether the signatures are those of the voter, the board:
               (1)  shall request from the Department of Public Safety
  any signature of the voter's on file with that department and
  compare the signatures of the voter on the ballot application and
  the carrier envelope certificate with any signature provided; and
               (2)  may also compare the signatures with any known
  signature [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].
         SECTION 5.11.  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:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Not later than the second business day after discovering
  a defect described by Subsection (a) and before deciding whether to
  accept or reject a timely delivered ballot under Section 87.041,
  the early voting ballot board shall:
               (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 request to have the
  voter's application to vote by mail canceled in the manner
  described by Section 84.032 or come to the early voting clerk's
  office in person not later than the sixth day after election day to
  correct the defect.
         (c)  If the early voting ballot board takes an action
  described by Subsection (b), the board must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         (f)  Notwithstanding any other law, a ballot may not be
  finally rejected for a reason listed in Section 87.041(b)(1), (2),
  or (6) before the seventh day after election day.
         SECTION 5.12.  Section 87.0431(b), Election Code, is amended
  to read as follows:
         (b)  The early voting clerk shall, not later than the 30th
  day after election day, deliver notice to the attorney general,
  including certified copies of the carrier envelope and
  corresponding ballot application, of any ballot rejected because:
               (1)  the voter was deceased;
               (2)  the voter already voted in person in the same
  election;
               (3)  the signatures on the carrier envelope and ballot
  application were not executed by the same person;
               (4)  the carrier envelope certificate lacked a witness
  signature; [or]
               (5)  the carrier envelope certificate was improperly
  executed by an assistant; or
               (6)  the early voting ballot board or the signature
  verification committee determined that another violation of the
  Election Code occurred.
         SECTION 5.13.  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 each [the]
  container, and remove any ballots enclosed in ballot envelopes from
  their envelopes.
         (c)  Ballots voted by mail shall be tabulated and stored
  separately from the 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 5.14.  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 [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 5.15.  Section 87.126, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  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 5.16.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.128 to read as follows:
         Sec. 87.128.  NOTES. Each member of an early voting ballot
  board and each member of a signature verification committee is
  entitled to take and keep any notes reasonably necessary to perform
  the member's duties under this chapter.
  ARTICLE 6.  ASSISTANCE OF VOTERS
         SECTION 6.01.  Section 64.031, Election Code, is amended to
  read as follows:
         Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE. A voter is
  eligible to receive assistance in marking or reading the ballot, as
  provided by this subchapter, if the voter cannot prepare or read the
  ballot because of:
               (1)  a physical disability that renders the voter
  unable to write or see; or
               (2)  an inability to read the language in which the
  ballot is written.
         SECTION 6.02.  Subchapter B, Chapter 64, Election Code, is
  amended by adding Section 64.0322 to read as follows:
         Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. (a) A
  person, other than an election officer, who assists a voter in
  accordance with this chapter is required to complete a form
  stating:
               (1)  the name and address of the person assisting the
  voter;
               (2)  the relationship to the voter of the person
  assisting the voter; and
               (3)  whether the person assisting the voter received or
  accepted any form of compensation or other benefit from a
  candidate, campaign, or political committee.
         (b)  The secretary of state shall prescribe the form required
  by this section. The form must be incorporated into the official
  carrier envelope if the voter is voting an early voting ballot by
  mail and receives assistance under Section 86.010, or must be
  submitted to an election officer at the time the voter casts a
  ballot if the voter is voting at a polling place or under Section
  64.009.
         SECTION 6.03.  Section 64.034, Election Code, is amended to
  read as follows:
         Sec. 64.034.  OATH. A person, other than an election
  officer, selected to provide assistance to a voter must take the
  following oath, administered by an election officer at the polling
  place, before providing assistance:
         "I swear (or affirm) under penalty of perjury that the voter I
  am assisting represented to me they are eligible to receive
  assistance because of a physical disability that renders the voter
  unable to write or see or an inability to read the language in which
  the ballot is written; I will not suggest, by word, sign, or
  gesture, how the voter should vote; I will confine my assistance to
  reading the ballot to the voter, directing the voter to read the
  ballot, marking the voter's ballot, or directing the voter to mark
  the ballot; [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 did not pressure or coerce the voter into
  choosing me to provide assistance; [and] 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; I will not communicate
  information about how the voter has voted to another person; and I
  understand that if assistance is provided to a voter who is not
  eligible for assistance, the voter's ballot may not be counted."
         SECTION 6.04.  Sections 86.010(e), (h), and (i), Election
  Code, are amended to read as follows:
         (e)  A person who assists a voter to prepare a ballot to be
  voted by mail shall enter on the official carrier envelope of the
  voter:
               (1)  the person's signature, printed name, and
  residence address;
               (2)  the relationship of the person providing the
  assistance to the voter; and
               (3)  whether the person received or accepted any form
  of compensation or other benefit from a candidate, campaign, or
  political committee in exchange for providing assistance [on the
  official carrier envelope of the voter].
         (h)  Subsection (f) does not apply:
               (1)  to a violation of Subsection (c), if the person is
  related to the voter within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code, or was physically living in the same
  dwelling as the voter at the time of the event;
               (2)  to a violation of Subsection (e), if the person is
  related to the voter within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code; or
               (3)  if the voter is a person with a disability being
  assisted by a previously known attendant or caregiver.
         (i)  An offense under this section for a violation of
  Subsection (c) is increased to the next higher category of offense
  if it is shown on the trial of an offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 6.05.  Section 86.0105, Election Code, is amended by
  amending Subsections (a), (c), and (e) and adding Subsection (f) to
  read as follows:
         (a)  A person commits an offense if the person:
               (1)  compensates or offers to compensate another person
  for assisting voters as provided by Section 86.010[, as part of any
  performance-based compensation scheme based on the number of voters
  assisted or in which another person is presented with a quota of
  voters to be assisted as provided by Section 86.010]; or
               (2)  solicits, receives, or [engages in another
  practice that causes another person's compensation from or
  employment status with the person to be dependent on the number of
  voters assisted as provided by Section 86.010; or
               [(3)  with knowledge that accepting compensation for
  such activity is illegal,] accepts compensation for an activity
  described by Subdivision (1) [or (2)].
         (c)  An offense under this section is a state jail felony [if
  it is shown on the trial of an offense under this section that the
  defendant was previously convicted two or more times under this
  section].
         (e)  For purposes of this section, compensation means an
  economic benefit as defined by Section 38.01, Penal Code [any form
  of monetary payment, goods, services, benefits, or promises or
  offers of employment, or any other form of consideration offered to
  another person in exchange for assisting voters].
         (f)  This section does not apply if the person assisting a
  voter is an attendant or caregiver previously known to the voter.
         SECTION 6.06.  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 relationship of that person to the
  voter.
  ARTICLE 7. FRAUD AND OTHER UNLAWFUL PRACTICES
         SECTION 7.01.  Chapter 63, Election Code, is amended by
  adding Section 63.0111 to read as follows:
         Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. (a)
  An election judge commits an offense if the judge knowingly
  provides a voter with a form for an affidavit required by Section
  63.001 if the form contains information that the judge entered on
  the form knowing it was false.
         (b)  An offense under this section is a state jail felony.
         SECTION 7.02.  Sections 276.004(a) and (b), Election Code,
  are amended to read as follows:
         (a)  A person commits an offense if, with respect to another
  person over whom the person has authority in the scope of
  employment, the person knowingly:
               (1)  refuses to permit the other person to be absent
  from work on election day or while early voting is in progress for
  the purpose of attending the polls to vote; or
               (2)  subjects or threatens to subject the other person
  to a penalty for attending the polls on election day or while early
  voting is in progress to vote.
         (b)  It is an exception to the application of this section
  that the person's conduct occurs in connection with an election in
  which the polls are open on election day or while early voting is in
  progress for voting for two consecutive hours outside of the
  voter's working hours.
         SECTION 7.03.  Sections 276.013(a) and (b), Election Code,
  are amended to read as follows:
         (a)  A person commits an offense if the person knowingly or
  intentionally makes any effort to:
               (1)  influence the independent exercise of the vote of
  another in the presence of the ballot or during the voting process,
  including by altering the ballot of another or by otherwise causing
  a ballot to not reflect the intent of the voter;
               (2)  cause a voter to become registered, a ballot to be
  obtained, or a vote to be cast under false pretenses; [or]
               (3)  cause any intentionally misleading statement,
  representation, or information to be provided:
                     (A)  to an election official; or
                     (B)  on an application for ballot by mail, carrier
  envelope, or any other official election-related form or document;
               (4)  prevent a voter from casting a legal ballot in an
  election in which the voter is eligible to vote; or
               (5)  provide false information to a voter with the
  intent of preventing the voter from voting in an election in which
  the voter is eligible to vote.
         (b)  An offense under this section is a Class A misdemeanor,
  except that an offense under this section is a state jail felony if
  the person committed the offense while acting in the person's
  official capacity as an election officer.
         SECTION 7.04.  Chapter 276, Election Code, is amended by
  adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to
  read as follows:
         Sec. 276.015.  VOTE HARVESTING. (a) In this section:
               (1)  "Benefit" has the meaning assigned by Section
  1.07, Penal Code.
               (2)  "Vote harvesting services" means in-person
  interaction with one or more voters, in the presence of the ballot
  or during the voting process, intended to deliver votes for a
  specific candidate or measure.
         (b)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide vote
  harvesting services in exchange for compensation or other benefit.
         (c)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide
  compensation or other benefit to another person in exchange for
  vote harvesting services.
         (d)  A person commits an offense if the person knowingly
  collects or possesses a mail ballot or official carrier envelope in
  connection with vote harvesting services.
         (e)  This section does not apply to:
               (1)  an activity not performed in exchange for
  compensation or a benefit;
               (2)  interactions that do not occur in the presence of
  the ballot or during the voting process;
               (3)  interactions that are not conducted in-person with
  a voter; or
               (4)  activity that is not designed to deliver votes for
  or against a specific candidate or measure.
         (f)  An offense under this section is a felony of the third
  degree.
         (g)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         (h)  Records necessary to investigate an offense under this
  section or any other section of this code shall be provided by an
  election officer in an unredacted form to a law enforcement officer
  upon request. Records obtained under this subsection are not
  subject to public disclosure.
         Sec. 276.016.  UNLAWFUL SOLICITATION AND DISTRIBUTION OF
  APPLICATION TO VOTE BY MAIL. (a) A public official commits an
  offense if the official, while acting in an official capacity,
  knowingly:
               (1)  solicits the submission of an application to vote
  by mail from a person who did not request an application;
               (2)  distributes an application to vote by mail to a
  person who did not request the application unless the distribution
  is expressly authorized by another provision of this code;
               (3)  authorizes or approves the expenditure of public
  funds to facilitate third-party distribution of an application to
  vote by mail to a person who did not request the application; or
               (4)  completes any portion of an application to vote by
  mail and distributes the application to an applicant.
         (b)  An offense under this section is a state jail felony.
         (c)  Subsection (a)(2) does not apply if the public official
  engaged in the conduct described by Subsection (a)(2) by providing
  access to an application to vote by mail from a publicly accessible
  Internet website.
         (d)  Subsection (a)(4) does not apply if the public official
  engaged in the conduct described by Subsection (a)(4) while
  lawfully assisting the applicant under Section 84.003.
         (e)  Subsection (a) does not apply if the public official:
               (1)  provided general information about voting by mail,
  the vote by mail process, or the timelines associated with voting to
  a person or the public; or
               (2)  engaged in the conduct described by Subsection (a)
  while acting in the official's capacity as a candidate for a public
  elective office.
         (f)  The remedy provided under this chapter is cumulative,
  and does not restrict any other remedies provided by this code or by
  law. A violation of this section is subject to injunctive relief or
  mandamus as provided by this code.
         Sec. 276.017.  UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
  AND BALLOTING MATERIALS. (a) The early voting clerk or other
  election official commits an offense if the clerk or official
  knowingly mails or otherwise provides an early voting ballot by
  mail or other early voting by mail ballot materials to a person who
  the clerk or official knows did not submit an application for a
  ballot to be voted by mail under Section 84.001.
         (b)  An offense under this section is a Class A misdemeanor.
         Sec. 276.018.  PERJURY IN CONNECTION WITH CERTAIN ELECTION
  PROCEDURES. (a) A person commits an offense if the person makes a
  false statement or swears to the truth of a false statement
  previously made while making the oath described by Section 64.034.
         (b)  An offense under this section is a state jail felony.
         Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
  public official may not create, alter, modify, waive, or suspend
  any election standard, practice, or procedure mandated by law or
  rule in a manner not expressly authorized by this code.
  ARTICLE 8. ENFORCEMENT
         SECTION 8.01.  Subchapter D, Chapter 22, Government Code, is
  amended by adding Sections 22.304 and 22.305 to read as follows:
         Sec. 22.304.  COURT SITTING IN PANELS FOR CERTAIN ELECTION
  PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
  official" means any person elected, selected, appointed, employed,
  or otherwise designated as an officer, employee, or agent of this
  state, a government agency, a political subdivision, or any other
  public body established by state law.
         (b)  Notwithstanding any other law or rule, a court
  proceeding entitled to priority under Section 22.305 and filed in a
  court of appeals shall be docketed by the clerk of the court and
  assigned to a panel of three justices determined using an automated
  assignment system.
         (c)  A person, including a public official, commits an
  offense if the person communicates with a court clerk with the
  intention of influencing or attempting to influence the composition
  of a three-justice panel assigned a specific proceeding under this
  section.
         (d)  An offense under this section is a Class A misdemeanor.
         Sec. 22.305.  PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)  
  The supreme court or a court of appeals shall prioritize over any
  other proceeding pending or filed in the court a proceeding for
  injunctive relief or for a writ of mandamus under Chapter 273,
  Election Code, pending or filed in the court on or after the 70th
  day before a general or special election.
         (b)  If granted, oral argument for a proceeding described by
  Subsection (a) may be given in person or through electronic means.
         SECTION 8.02.  Section 23.101, Government Code, is amended
  by amending Subsection (a) and adding Subsections (b-1) and (b-2)
  to read as follows:
         (a)  Except as provided by Subsection (b-1), the [The] trial
  courts of this state shall regularly and frequently set hearings
  and trials of pending matters, giving preference to hearings and
  trials of the following:
               (1)  temporary injunctions;
               (2)  criminal actions, with the following actions given
  preference over other criminal actions:
                     (A)  criminal actions against defendants who are
  detained in jail pending trial;
                     (B)  criminal actions involving a charge that a
  person committed an act of family violence, as defined by Section
  71.004, Family Code;
                     (C)  an offense under:
                           (i)  Section 21.02 or 21.11, Penal Code;
                           (ii)  Chapter 22, Penal Code, if the victim
  of the alleged offense is younger than 17 years of age;
                           (iii)  Section 25.02, Penal Code, if the
  victim of the alleged offense is younger than 17 years of age;
                           (iv)  Section 25.06, Penal Code;
                           (v)  Section 43.25, Penal Code; or
                           (vi)  Section 20A.02(a)(7), 20A.02(a)(8),
  or 20A.03, Penal Code;
                     (D)  an offense described by Article 62.001(6)(C)
  or (D), Code of Criminal Procedure; and
                     (E)  criminal actions against persons who are
  detained as provided by Section 51.12, Family Code, after transfer
  for prosecution in criminal court under Section 54.02, Family Code;
               (3)  election contests and suits under the Election
  Code;
               (4)  orders for the protection of the family under
  Subtitle B, Title 4, Family Code;
               (5)  appeals of final rulings and decisions of the
  division of workers' compensation of the Texas Department of
  Insurance regarding workers' compensation claims and claims under
  the Federal Employers' Liability Act and the Jones Act;
               (6)  appeals of final orders of the commissioner of the
  General Land Office under Section 51.3021, Natural Resources Code;
               (7)  actions in which the claimant has been diagnosed
  with malignant mesothelioma, other malignant asbestos-related
  cancer, malignant silica-related cancer, or acute silicosis; and
               (8)  appeals brought under Section 42.01 or 42.015, Tax
  Code, of orders of appraisal review boards of appraisal districts
  established for counties with a population of less than 175,000.
         (b-1)  Except for a criminal case in which the death penalty
  has been or may be assessed or when it would otherwise interfere
  with a constitutional right, the trial courts of this state shall
  prioritize over any other proceeding pending or filed in the court a
  proceeding for injunctive relief under Chapter 273, Election Code,
  pending or filed in the court on or after the 70th day before a
  general or special election.
         (b-2)  A hearing in a proceeding described by Subsection
  (b-1) may be held in person or through electronic means, as
  determined by the court.
         SECTION 8.03.  Chapter 23, Government Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. GENERAL PROVISIONS
         Sec. 23.301.  ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
  CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the
  clerk of a district court in which a proceeding entitled to priority
  under Section 23.101(b-1) is filed shall docket the proceeding and,
  if more than one district court in the county has jurisdiction over
  the proceeding, randomly assign the proceeding to a district court
  using an automated assignment system.
         (b)  Notwithstanding any other law or rule, the clerk of a
  county court or statutory county court in which a proceeding
  entitled to priority under Section 23.101(b-1) is filed shall
  docket the proceeding and, if more than one court in the county has
  jurisdiction over the proceeding, randomly assign the proceeding to
  a court using an automated assignment system.
         (c)  A person, including a public official, commits an
  offense if the person communicates with a county or district clerk
  with the intention of influencing or attempting to influence the
  court or judge assigned to a proceeding under this section.
         (d)  An offense under this section is a Class A misdemeanor,
  except that the offense is a state jail felony if it is shown on the
  trial of the offense that the person committed the offense while
  acting in the person's official capacity as an election official.
         (e)  If a district or county clerk does not comply with this
  section, a person may seek from the supreme court or a court of
  appeals a writ of mandamus as provided by Section 273.061, Election
  Code, to compel compliance with this section.
         Sec. 23.302.  DEADLINES IN CERTAIN ELECTION PROCEEDINGS.  
  (a)  Not later than 24 hours after the proceeding is filed, a judge
  to whom a case is assigned under Section 23.301(b) who wishes to be
  recused from the proceeding must, before recusal:
               (1)  hear an application for any emergency temporary
  relief sought;
               (2)  grant or deny any emergency temporary relief
  sought; and
               (3)  set a scheduling order that provides:
                     (A)  a date for a hearing on any injunction sought
  not later than five days after the date on which the proceeding was
  filed; and
                     (B)  discovery and deposition deadlines before
  the expiration of any emergency relief order entered.
         (b)  The presiding judge of an administrative region shall
  assign a new judge to a proceeding assigned under Section 23.301(b)
  not later than 12 hours after the original judge assigned to the
  proceeding is recused under Subsection (a).
         (c)  A final order in a proceeding filed under Section
  273.081, Election Code, shall be submitted in writing to the
  parties not later than 24 hours after the judge makes a final
  determination in the proceeding.
         (d)  If a district judge does not comply with this section, a
  person may seek from the supreme court, the court of criminal
  appeals, or a court of appeals a writ of mandamus as provided by
  Section 273.061, Election Code, to compel compliance with this
  section.
         (e)  Notwithstanding Section 23.101(b-1), a proceeding
  relating to a permanent injunction being sought in connection to a
  challenge under Section 141.034, Election Code, may be heard after
  the primary election has been canvassed.
  ARTICLE 9.  INELIGIBLE VOTERS AND RELATED REFORMS
         SECTION 9.01.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0194 to read as follows:
         Art. 42.0194.  FINDING REGARDING FELONY CONVICTION. In the
  trial of a felony offense, if the defendant is adjudged guilty of
  the offense, the court shall:
               (1)  make an affirmative finding that the person has
  been found guilty of a felony and enter the affirmative finding in
  the judgment of the case; and
               (2)  instruct the defendant regarding how the felony
  conviction will impact the defendant's right to vote in this state.
         SECTION 9.02.  Article 42.01, Code of Criminal Procedure, is
  amended by adding Section 16 to read as follows:
         Sec. 16.  In addition to the information described by
  Section 1, the judgment should reflect the affirmative finding and
  instruction entered pursuant to Article 42.0194.
         SECTION 9.03.  Section 64.012, Election Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  A person commits an offense if the person:
               (1)  votes or attempts to vote in an election in which
  the person knows the person is not eligible to vote;
               (2)  knowingly votes or attempts to vote more than once
  in an election;
               (3)  knowingly votes or attempts to vote a ballot
  belonging to another person, or by impersonating another person;
  [or]
               (4)  knowingly marks or attempts to mark any portion of
  another person's ballot without the consent of that person, or
  without specific direction from that person how to mark the ballot;
  or
               (5)  knowingly votes or attempts to vote in an election
  in this state after voting in another state in an election in which
  a federal office appears on the ballot and the election day for both
  states is the same day.
         (c)  A person may not be convicted solely upon the fact that
  the person signed a provisional ballot affidavit under Section
  63.011 unless corroborated by other evidence that the person
  knowingly committed the offense.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 9.04.  The change in law made by this article in
  adding Section 64.012(c), Election Code, applies to an offense
  committed before, on, or after the effective date of this Act,
  except that a final conviction for an offense under that section
  that exists on the effective date of this Act remains unaffected by
  this article.
  ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
         SECTION 10.01.  The following provisions of the Election
  Code are repealed:
               (1)  Section 85.062(e); and
               (2)  Section 86.0105(b).
         SECTION 10.02.  If any provision of this Act or its
  application to any person or circumstance is held invalid, the
  invalidity does not affect other provisions or applications of this
  Act that can be given effect without the invalid provision or
  application, and to this end the provisions of this Act are declared
  to be severable.
         SECTION 10.03.  (a)  Except as otherwise provided by this
  Act, the changes in law made by this Act 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 when 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)  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.
         (c)  The changes in law made by this Act apply only to an
  application to vote an early voting ballot by mail submitted on or
  after the effective date of this Act.  An application to vote an
  early voting ballot by mail submitted before the effective date of
  this Act is governed by the law in effect when the application was
  submitted, and the former law is continued in effect for that
  purpose.
         (d)  The changes in law made by this Act apply only to an
  application for voter registration submitted on or after the
  effective date of this Act.
         SECTION 10.04.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on the 91st day after the last day of
  the legislative session.