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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on Senate Bill 7 (election integrity and |
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security, including by preventing fraud in the conduct of elections |
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in this state; increasing criminal penalties; creating criminal |
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offenses; providing civil penalties) to consider and take action on |
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the following matters: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 2.04 of the |
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bill, by adding amended Section 31.006, Election Code, to read as |
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follows: |
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Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL. |
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(a) If, after receiving or discovering information indicating that |
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[a complaint alleging] criminal conduct in connection with an |
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election has occurred, the secretary of state determines that there |
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is reasonable cause to suspect that [the alleged] criminal conduct |
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occurred, the secretary shall promptly refer the information |
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[complaint] to the attorney general. The secretary shall deliver to |
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the attorney general all pertinent documents and information in the |
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secretary's possession. |
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(b) The documents and information submitted under |
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Subsection (a) are not considered public information until: |
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(1) the secretary of state makes a determination that |
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the information [complaint] received does not warrant an |
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investigation; or |
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(2) if referred to the attorney general, the attorney |
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general has completed the investigation or has made a determination |
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that the information [complaint] referred does not warrant an |
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investigation. |
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Explanation: The change is necessary to require the |
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secretary of state to take certain actions upon the receipt or |
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discovery of information indicating that criminal conduct in |
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connection with an election has occurred. |
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(2) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 2.05 of the |
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bill, by adding Section 31.019, Election Code, to read as follows: |
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Sec. 31.019. ENFORCEMENT OF VOTER ROLL MAINTENANCE |
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PROVISIONS. (a) In order to ensure compliance with voter roll |
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maintenance provisions, the secretary of state shall monitor each |
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county's list of registered voters to ensure that no county has a |
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number of registered voters in the county equal to or greater than |
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the number of people eligible to register to vote in the county. |
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(b) If the secretary of state determines that a county has a |
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number of registered voters equal to or greater than the number of |
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people eligible to register to vote in the county, the secretary of |
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state shall notify the appropriate registrar in writing. |
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(c) Not later than 30 days after receiving notice under |
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Subsection (b), a registrar must: |
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(1) refute, in writing, that the number of registered |
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voters is equal to or greater than the number of people eligible to |
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register to vote in the county and the failure to comply alleged by |
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the notice; or |
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(2) develop a remediation plan to address failures to |
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comply with voter roll maintenance provisions and send a copy of the |
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plan to the secretary of state. |
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(d) If a voter registrar fails to respond to a notice under |
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Subsection (c), refutes an allegation under Subsection (c)(1), or |
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fails to comply with a provision of the remediation plan developed |
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by the registrar under Subsection (c)(2), the secretary of state |
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shall: |
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(1) require the registrar to attend a training course |
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developed under Subsection (h); |
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(2) publish notice that the county is undergoing an |
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audit under this subsection on the secretary of state's Internet |
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website; |
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(3) audit the voter registration list for the county |
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in which the registrar serves; and |
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(4) identify voter roll maintenance provisions with |
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which the registrar is failing to comply and provide a list to the |
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registrar. |
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(e) If the secretary of state determines that a voter |
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registrar has not performed any overt actions in pursuance of |
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compliance with the provisions identified under Subsection (d)(4) |
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within 14 days of receiving the list under Subsection (d)(4), the |
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secretary of state shall: |
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(1) withhold distribution of state funds for financing |
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voter registration to the county until the registrar takes action |
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in pursuance of compliance; and |
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(2) inform the attorney general that the county which |
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the registrar serves may be subject to a civil penalty under |
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Subsection (f). |
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(f) A county is liable to this state for a civil penalty of |
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$1,000 for each day after the 14th day following the receipt of a |
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list under Subsection (d)(4) that the county's voter registrar |
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fails to take overt action to comply with provisions identified |
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under that subsection. The attorney general may bring an action to |
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recover a civil penalty imposed under this section. |
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(g) A civil penalty collected by the attorney general under |
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this section shall be deposited in the state treasury to the credit |
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of the general revenue fund. |
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(h) The secretary of state shall develop and implement a |
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three-hour training course for county clerks and registrars on the |
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maintenance of voter rolls required and permitted by law. |
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(i) The secretary of state shall adopt rules and prescribe |
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procedures for the implementation of this section. |
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Explanation: The change is necessary to require the secretary |
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of state to take certain actions in order to ensure compliance with |
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voter roll maintenance provisions. |
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(3) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 3.05 of the |
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bill, by adding to amended Section 64.007(c), Election Code, the |
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following: |
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The secretary of state shall create and promulgate a form to |
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be used for this purpose. |
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Explanation: The change is necessary to require the secretary |
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of state to create and promulgate a form to be used by an election |
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officer in maintaining a register of spoiled ballots at the polling |
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place. |
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(4) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 3.07 of the |
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bill, by adding Section 66.004, Election Code, to read as follows: |
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SECTION 3.07. Subchapter A, Chapter 66, Election Code, is |
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amended by adding Section 66.004 to read as follows: |
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Sec. 66.004. CLOSING POLLING PLACE. The secretary of state |
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shall adopt rules and create a checklist or similar guidelines to |
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assist the presiding judge of a polling place in processing forms |
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and conducting procedures required by this code at the closing of |
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the polling place. |
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Explanation: The change is necessary to require the secretary |
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of state to adopt rules and create a checklist or similar guidelines |
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to assist in the closing of a polling place. |
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(5) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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3.10 of the bill, in amended Section 85.006(e), Election Code, to |
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read as follows: |
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(e) In a primary election or the general election for state |
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and county officers in a county with a population of 30,000 |
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[100,000] or more, the early voting clerk shall order voting by |
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personal appearance [voting] at the main early voting polling place |
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to be conducted on the last Saturday of the early voting period for |
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at least 12 hours, except that voting may not be conducted earlier |
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than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the |
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last Sunday of the early voting period for at least six [five] |
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hours, except that voting may not be conducted earlier than 1 p.m. |
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or later than 9 p.m [on the last Sunday of the early voting period]. |
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The early voting clerk shall order voting to be conducted at those |
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times in those elections in a county with a population under 30,000 |
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[100,000] on receipt of a written request for those hours submitted |
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by at least 15 registered voters of the county. The request must be |
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submitted in time to enable compliance with Section 85.007. This |
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subsection supersedes any provision of this subchapter to the |
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extent of any conflict. |
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Explanation: The change is necessary to regulate the hours |
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for voting on a Saturday or Sunday in counties with population of |
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30,000 or more and certain counties with a population under 30,000. |
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(6) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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4.06 of the bill, in added Section 33.063, Election Code, to read as |
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follows: |
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SECTION 4.06. Subchapter C, Chapter 33, Election Code, is |
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amended by adding Section 33.063 to read as follows: |
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Sec. 33.063. RELIEF. (a) A watcher, or the appointing |
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authority for a watcher, who believes that the watcher was |
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unlawfully prevented or obstructed from the performance of the |
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watcher's duties may seek: |
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(1) injunctive relief under Section 273.081, |
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including issuance of temporary orders; |
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(2) a writ of mandamus under Section 161.009 or |
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273.061; and |
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(3) any other remedy available under law. |
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(b) The relief provided by this section is available to a |
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state inspector appointed under Chapter 34 or any other election |
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inspector authorized by law. |
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Explanation: The change is necessary to provide relief for a |
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watcher, the appointing authority for a watcher, or any election |
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inspector authorized by law, who believes that they were unlawfully |
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prevented or obstructed from the performance of their duties. |
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(7) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 4.16 of the |
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bill, by adding Section 127.131(f), Election Code, to read as |
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follows: |
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SECTION 4.16. Section 127.131, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The presiding judge of the central counting station |
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shall provide and attest to a written reconciliation of votes and |
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voters at the close of tabulation for election day and again after |
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the central counting station meets for the last time to process |
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late-arriving ballots by mail and provisional ballots. The |
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secretary of state shall create and promulgate rules and a form to |
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facilitate compliance with this subsection. The form shall be |
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posted on a website maintained by the county along with election |
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returns and results. |
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Explanation: The change is necessary to regulate the duties |
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of the presiding judge of the central counting station and the |
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secretary of state regarding the preparing of election returns. |
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(8) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 5.01 of the |
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bill, by adding amended Section 82.002, Election Code, to read as |
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follows: |
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SECTION 5.01. Section 82.002, Election Code, is amended to |
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read as follows: |
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Sec. 82.002. DISABILITY. (a) A qualified voter is eligible |
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for early voting by mail if the voter is not capable of [has a |
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sickness or physical condition that prevents the voter from] |
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appearing at the polling place on election day without [a |
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likelihood of] needing personal assistance or [of] injuring the |
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voter's health due to the voter's: |
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(1) illness; |
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(2) injury; |
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(3) medical confinement ordered by a health care |
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professional; or |
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(4) mental or physical disability. |
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(b) The following do not constitute [Expected or likely |
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confinement for childbirth on election day is] sufficient cause to |
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entitle a voter to vote under Subsection (a): |
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(1) a lack of transportation; |
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(2) an illness, injury, or disability that does not |
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prevent the voter from appearing at the polling place on election |
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day without a likelihood of needing personal assistance or of |
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injuring the voter's health; or |
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(3) a requirement to appear at the voter's place of |
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employment on election day. |
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(c) An application for a ballot to be voted by mail on the |
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ground of disability must require the applicant to specifically |
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select the grounds on which the voter is eligible under Subsection |
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(a). |
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Explanation: The change is necessary to regulate qualified |
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voters eligible for early voting by mail on the grounds of |
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disability. |
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(9) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 5.02 of the |
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bill, by adding amended Section 84.001(b), Election Code, to read |
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as follows: |
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(b) An application must be submitted in writing and signed |
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by the applicant using ink on paper. An electronic signature or |
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photocopied signature is not permitted. |
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Explanation: The change is necessary to regulate the manner |
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in which an application for an early voting ballot to be voted by |
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mail may be submitted and signed. |
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(10) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 5.03 of the |
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bill, by adding amended Section 84.002(a), Election Code, and |
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Section 84.002(c), Election Code, to read as follows: |
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SECTION 5.03. Section 84.002, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) the following information: |
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(A) the number of the applicant's driver's |
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license or personal identification card issued by the Department of |
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Public Safety; |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number; or |
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(C) a statement by the applicant that the |
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applicant has not been issued a number described by Paragraph (A) or |
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(B); |
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(2) for an application for a ballot to be voted by mail |
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on the ground of absence from the county of residence, the address |
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outside the applicant's county of residence to which the ballot is |
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to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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on the ground of age or disability: |
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(A) [,] the address of the hospital, nursing home |
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or other long-term care facility, or retirement center, or of a |
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person related to the applicant within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Chapter 573, Government Code, if the applicant is living at that |
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address and that address is different from the address at which the |
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applicant is registered to vote; and |
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(B) if applicable, the selected specific grounds |
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on which the voter is eligible for a ballot to be voted by mail on |
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the ground of disability, as required by Section 82.002(c); |
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(4) for an application for a ballot to be voted by mail |
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on the ground of confinement in jail, the address of the jail or of a |
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person related to the applicant within the degree described by |
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Subdivision (3); |
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(5) for an application for a ballot to be voted by mail |
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on any ground, an indication of each election for which the |
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applicant is applying for a ballot; and |
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(6) an indication of the ground of eligibility for |
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early voting. |
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(c) A person may use the number of a driver's license or |
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personal identification card that has expired for the purpose of |
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fulfilling the requirement under Subsection (a)(1-a) if the license |
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or identification is otherwise valid. |
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Explanation: The change is necessary to regulate the content |
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of an application for an early voting ballot. |
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(11) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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5.04 of the bill, in amended Section 84.011(a), Election Code, by |
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amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a), |
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to read as follows: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(3-a) a space for entering the information required |
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under Section 84.002(a)(1-a); and |
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Explanation: The change is necessary to regulate the |
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contents of the officially prescribed application form for an early |
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voting ballot. |
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(12) House Rule 13, Section 9(a)(4), is suspended to permit |
|
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the committee to add text on a matter not included in either the |
|
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house or senate version of the bill in proposed SECTION 5.06 of the |
|
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bill, by adding Section 86.001(f), Election Code, to read as |
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follows: |
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(f) If the information required under Section |
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84.002(a)(1-a) included on the application does not match the |
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information on the applicant's application for voter registration |
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under Section 13.002(c)(8), the clerk shall reject the application. |
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Explanation: The change is necessary to require an early |
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voting clerk to reject an application for a ballot to be voted by |
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mail if certain information included in the application does not |
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match the information on the applicant's application for voter |
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registration. |
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(13) House Rule 13, Section 9(a)(4), is suspended to permit |
|
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 5.07 of the |
|
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bill, by adding Sections 86.002(g), (h), and (i), Election Code, to |
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read as follows: |
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(g) The carrier envelope must include a space that is hidden |
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from view when the envelope is sealed for the voter to enter the |
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following information: |
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(1) the number of the voter's driver's license or |
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personal identification card issued by the Department of Public |
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Safety; |
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(2) if the voter has not been issued a number described |
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by Subdivision (1), the last four digits of the voter's social |
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security number; or |
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(3) a statement by the applicant that the applicant |
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has not been issued a number described by Subdivision (1) or (2). |
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(h) A person may use the number of a driver's license or |
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personal identification card that has expired for purposes of |
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Subsection (g) if the license or identification is otherwise valid. |
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(i) No record associating an individual voter with a ballot |
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may be created. |
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Explanation: The change is necessary to regulate the |
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contents of the carrier envelope for a ballot to be voted by mail. |
|
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(14) House Rule 13, Section 9(a)(4), is suspended to permit |
|
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 5.15 of the |
|
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bill, by adding Section 87.128, Election Code, to read as follows: |
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Sec. 87.128. NOTES. Each member of an early voting ballot |
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board and each member of a signature verification committee is |
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entitled to take and keep any notes reasonably necessary to perform |
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the member's duties under this chapter. |
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Explanation: The change is necessary to provide that members |
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of early voting ballot boards and of signature verification |
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committees may take and keep certain notes. |
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(15) House Rule 13, Section 9(a)(4), is suspended to permit |
|
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the committee to add text on a matter not included in either the |
|
|
house or senate version of the bill in proposed SECTION 8.04 of the |
|
|
bill, by amending Sections 232.008(b), (c), and (d), Election Code, |
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to read as follows: |
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(b) Except as provided by Subsection (c), a contestant must |
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file the petition not later than the later of the 45th [30th] day |
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after the date the election records are publicly available under |
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Section 1.012 or the official result of the contested election is |
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determined. |
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(c) A contestant must file the petition not later than the |
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later of the 15th [10th] day after the date the election records are |
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publicly available under Section 1.012 or the official result is |
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determined in a contest of: |
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(1) a primary or runoff primary election; or |
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(2) a general or special election for which a runoff is |
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necessary according to the official result or will be necessary if |
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the contestant prevails. |
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(d) A contestant must deliver, electronically or otherwise, |
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a copy of the petition to the secretary of state by the same |
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deadline prescribed for the filing of the petition. |
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Explanation: The change is necessary to regulate the filing |
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and delivery of a petition in an election contest. |
|
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(16) House Rule 13, Section 9(a)(4), is suspended to permit |
|
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the committee to add text on a matter not included in either the |
|
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house or senate version of the bill in proposed SECTION 8.04 of the |
|
|
bill, by adding Section 232.063, Election Code, to read as follows: |
|
|
Sec. 232.063. OVERTURNING ELECTION. If the number of votes |
|
|
illegally cast in the election is equal to or greater than the |
|
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number of votes necessary to change the outcome of an election, the |
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court may declare the election void without attempting to determine |
|
|
how individual voters voted. |
|
|
Explanation: The change is necessary to provide certain |
|
|
circumstances in which a court may declare an election void. |
|
|
(17) House Rule 13, Section 9(a)(4), is suspended to permit |
|
|
the committee to add text on a matter not included in either the |
|
|
house or senate version of the bill in proposed SECTION 8.06 of the |
|
|
bill, by amending Section 273.061, Election Code, to read as |
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follows: |
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Sec. 273.061. JURISDICTION. (a) The supreme court or a |
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court of appeals may issue a writ of mandamus to compel the |
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performance of any duty imposed by law in connection with the |
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holding of an election or a political party convention, regardless |
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of whether the person responsible for performing the duty is a |
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public officer. |
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(b) The court of criminal appeals may issue a writ of |
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mandamus to compel the performance of any duty imposed by law in |
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connection with the provision, sequestration, transfer, or |
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impoundment of evidence in or records relating to a criminal |
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investigation conducted under this code or conducted in connection |
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with the conduct of an election or political party convention. If a |
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writ of mandamus is issued under this subsection, it shall include |
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an order requiring the provision, sequestration, transfer, or |
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impoundment of the evidence or record. |
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Explanation: The change is necessary to permit the court of |
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criminal appeals to issue writs of mandamus to compel the |
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performance of certain duties relating to elections. |
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(18) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 8.09 of the |
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bill, by adding Sections 23.301(c), (d), and (e), Government Code, |
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to read as follows: |
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(c) Notwithstanding any other law or rule, a proceeding |
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entitled to priority under Section 23.101(b-1) relating to a |
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temporary injunction shall have a court assigned under Subsection |
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(b) not later than 24 hours after the proceeding is filed and, if a |
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temporary injunction is granted, the injunction may not remain in |
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effect for longer than four days. |
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(d) A person, including a public official, commits an |
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offense if the person communicates with a county or district clerk |
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with the intention of influencing or attempting to influence the |
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court or judge assigned to a proceeding under this section. |
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(e) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if it is shown on the |
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trial of the offense that the person committed the offense while |
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acting in the person's official capacity as an election official. |
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Explanation: The change is necessary to regulate the |
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assignment of certain election proceedings and describe the conduct |
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constituting an offense under Section 23.301, Government Code, as |
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well as the punishment for that offense. |
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(19) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 8.09 of the |
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bill, by adding Section 23.302, Government Code, to read as |
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follows: |
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Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS. |
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(a) Not later than 24 hours after the proceeding is filed, a judge |
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to whom a case is assigned under Section 23.301(b) who wishes to be |
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recused from the proceeding must, before recusal: |
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(1) hear an application for any emergency temporary |
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relief sought; |
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(2) grant or deny any emergency temporary relief |
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sought; and |
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(3) set a scheduling order that provides: |
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(A) a date for a hearing on any injunction sought |
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not later than five days after the date on which the proceeding was |
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filed; and |
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(B) discovery and deposition deadlines before |
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the expiration of any emergency relief order entered. |
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(b) The presiding judge of an administrative region shall |
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assign a new judge to a proceeding assigned under Section 23.301(b) |
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not later than 12 hours after the original judge assigned to the |
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proceeding is recused under Subsection (a). |
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(c) A final order in a proceeding filed under Section |
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273.081, Election Code, shall be submitted in writing to the |
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parties not later than 24 hours after the judge makes a final |
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determination in the proceeding. |
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(d) If a district judge does not comply with this section, a |
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person may seek from the supreme court, the court of criminal |
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appeals, or a court of appeals a writ of mandamus as provided by |
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Section 273.061, Election Code, to compel compliance with this |
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section. |
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(e) Notwithstanding Section 23.101(b-1), a proceeding |
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relating to a permanent injunction being sought in connection to a |
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challenge under Section 141.034, Election Code, may be heard after |
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the primary election has been canvassed. |
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Explanation: The change is necessary to provide for deadlines |
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in certain election proceedings. |
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(20) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 9.02 of the |
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bill, by adding amended Article 42.01, Code of Criminal Procedure, |
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to read as follows: |
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Sec. 4. The Court of Criminal Appeals [Office of Court |
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Administration of the Texas Judicial System] shall promulgate a |
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standardized felony judgment form that conforms to the requirements |
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of Section 1 of this article. A court entering a felony judgment |
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[judgement] shall use the form promulgated under this section. |
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Sec. 16. In addition to the information described by |
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Section 1, the judgment should reflect the affirmative finding and |
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instruction entered pursuant to Article 42.0194. |
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Explanation: The change is necessary to require the Court of |
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Criminal Appeals to promulgate a standardized felony judgment |
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form including certain information entered pursuant to Article |
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42.0194, Code of Criminal Procedure. |
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(21) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 11.03(d) of |
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the bill, in the transition language, to read as follows: |
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(d) The changes in law made by this Act apply only to an |
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application to vote an early voting ballot by mail submitted on or |
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after the effective date of this Act. An application to vote an |
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early voting ballot by mail submitted before the effective date of |
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this Act is governed by the law in effect when the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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Explanation: The change is necessary to ensure that any |
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change in law made by the Act applies only to an application to vote |
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an early voting ballot by mail submitted on or after the effective |
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date of the Act. |
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(22) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 11.04 of the |
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bill, in the transition language, to read as follows: |
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SECTION 11.04. Not later than January 1, 2022, the |
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secretary of state shall develop the training course required by |
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Section 31.019, Election Code, as added by this Act. |
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Explanation: The change is necessary to require the secretary |
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of state to develop the training course required by added Section |
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31.019, Election Code, before January 1, 2022. |
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(23) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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11.06 of the bill, providing for an effective, to read as follows: |
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SECTION 11.06. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |
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Explanation: The change is necessary to allow the provisions |
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of the Act to take effect immediately if the measure receives a vote |
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of two-thirds of all the members elected to each house. |