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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 7 (election integrity and security, including by |
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preventing fraud in the conduct of elections in this state; |
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increasing criminal penalties; creating criminal offenses; |
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providing civil penalties) to consider and take action on the |
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following matter: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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GENERAL. (a) If, after receiving or discovering information |
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indicating that [a complaint alleging] criminal conduct in |
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connection with an election has occurred, the secretary of state |
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determines that there is reasonable cause to suspect that [the |
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alleged] criminal conduct occurred, the secretary shall promptly |
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refer the information [complaint] to the attorney general. The |
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secretary shall deliver to the attorney general all pertinent |
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documents and information in the 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 |
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that 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 |
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attorney general has completed the investigation or has made a |
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determination that the information [complaint] referred does not |
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warrant an 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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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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 |
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each county's list of registered voters to ensure that no county |
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has a number of registered voters in the county equal to or |
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greater than the number of people eligible to register to vote in |
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the county. |
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(b) If the secretary of state determines that a county |
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has a number of registered voters equal to or greater than the |
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number of people eligible to register to vote in the county, the |
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secretary of state shall notify the appropriate registrar in |
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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 |
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registered voters is equal to or greater than the number of |
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people eligible to register to vote in the county and the failure |
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to comply alleged by the notice; or |
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(2) develop a remediation plan to address failures |
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to comply with voter roll maintenance provisions and send a copy |
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of the plan to the secretary of state. |
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(d) If a voter registrar fails to respond to a notice |
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under Subsection (c), refutes an allegation under Subsection |
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(c)(1), or fails to comply with a provision of the remediation |
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plan developed by the registrar under Subsection (c)(2), the |
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secretary of state shall: |
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(1) require the registrar to attend a training |
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course 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 |
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(d)(4) within 14 days of receiving the list under Subsection |
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(d)(4), the secretary of state shall: |
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(1) withhold distribution of state funds for |
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financing voter registration to the county until the registrar |
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takes action in pursuance of compliance; and |
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(2) inform the attorney general that the county |
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which the registrar serves may be subject to a civil penalty |
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under Subsection (f). |
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(f) A county is liable to this state for a civil penalty |
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of $1,000 for each day after the 14th day following the receipt of |
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a 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 |
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to recover a civil penalty imposed under this section. |
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(g) A civil penalty collected by the attorney general |
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under this section shall be deposited in the state treasury to |
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the credit 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 |
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the maintenance of voter rolls required and permitted by law. |
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(i) The secretary of state shall adopt rules and |
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prescribe procedures for the implementation of this section. |
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Explanation: The change is necessary to require the |
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secretary of state to take certain actions in order to ensure |
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compliance with voter roll maintenance provisions. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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, |
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the following: |
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The secretary of state shall create and promulgate a form |
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to be used for this purpose. |
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Explanation: The change is necessary to require the |
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secretary of state to create and promulgate a form to be used by |
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an election officer in maintaining a register of spoiled ballots |
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at the polling place. |
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(4) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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follows: |
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SECTION 3.07. Subchapter A, Chapter 66, Election Code, |
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is amended by adding Section 66.004 to read as follows: |
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Sec. 66.004. CLOSING POLLING PLACE. The secretary of |
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state shall adopt rules and create a checklist or similar |
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guidelines to assist the presiding judge of a polling place in |
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processing forms and conducting procedures required by this code |
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at the closing of the polling place. |
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Explanation: The change is necessary to require the |
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secretary of state to adopt rules and create a checklist or |
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similar guidelines to assist in the closing of a polling place. |
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(5) Senate Rule 12.03(1) is suspended to permit the |
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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 |
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state 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 |
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place to be conducted on the last Saturday of the early voting |
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period for at least 12 hours, except that voting may not be |
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conducted earlier than 6 a.m. or later than 9 p.m., [on the last |
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Saturday] and on the last Sunday of the early voting period for at |
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least six [five] hours, except that voting may not be conducted |
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earlier than 1 p.m. or later than 9 p.m [on the last Sunday of the |
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early voting period]. The early voting clerk shall order voting |
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to be conducted at those times in those elections in a county with |
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a population under 30,000 [100,000] on receipt of a written |
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request for those hours submitted by at least 15 registered |
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voters of the county. The request must be submitted in time to |
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enable compliance with Section 85.007. This subsection |
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supersedes any provision of this subchapter to the extent of any |
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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 |
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30,000. |
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(6) Senate Rule 12.03(1) is suspended to permit the |
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committee to amend text not in disagreement in proposed |
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SECTION 4.06 of the bill, in added Section 33.063, Election Code, |
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to read as follows: |
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SECTION 4.06. Subchapter C, Chapter 33, Election Code, |
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is 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 |
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a watcher, the appointing authority for a watcher, or any |
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election inspector authorized by law, who believes that they were |
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unlawfully prevented or obstructed from the performance of their |
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duties. |
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(7) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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by 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 |
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after the central counting station meets for the last time to |
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process late-arriving ballots by mail and provisional ballots. |
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The secretary of state shall create and promulgate rules and a |
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form to facilitate compliance with this subsection. The form |
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shall be posted on a website maintained by the county along with |
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election returns and results. |
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Explanation: The change is necessary to regulate the |
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duties of the presiding judge of the central counting station and |
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the secretary of state regarding the preparing of election |
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returns. |
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(8) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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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ARTICLE 5. VOTING BY MAIL |
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SECTION 5.01. Section 82.002, Election Code, is amended |
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to read as follows: |
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Sec. 82.002. DISABILITY. (a) A qualified voter is |
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eligible for early voting by mail if the voter is not capable of |
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[has a sickness or physical condition that prevents the voter |
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from] 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 |
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to 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 |
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Subsection (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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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signed by the applicant using ink on paper. An electronic |
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signature or photocopied signature is not permitted. |
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Explanation: The change is necessary to regulate the |
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manner in which an application for an early voting ballot to be |
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voted by mail may be submitted and signed. |
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(10) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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) to read as follows: |
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SECTION 5.03. Section 84.002, Election Code, is amended |
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by 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 |
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the 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 |
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of Public Safety; |
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(B) if the applicant has not been issued a |
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number described by Paragraph (A), the last four digits of the |
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applicant's 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) |
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or (B); |
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(2) for an application for a ballot to be voted by |
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mail on the ground of absence from the county of residence, the |
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address outside the applicant's county of residence to which the |
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ballot is to be mailed; |
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(3) for an application for a ballot to be voted by |
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mail on the ground of age or disability: |
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(A) [,] the address of the hospital, nursing |
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home or other long-term care facility, or retirement center, or |
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of a person related to the applicant within the second degree by |
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affinity or the third degree by consanguinity, as determined |
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under Chapter 573, Government Code, if the applicant is living at |
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that address and that address is different from the address at |
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which the applicant is registered to vote; and |
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(B) if applicable, the selected specific |
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grounds on which the voter is eligible for a ballot to be voted by |
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mail on the ground of disability, as required by Section |
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82.002(c); |
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(4) for an application for a ballot to be voted by |
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mail on the ground of confinement in jail, the address of the jail |
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or of a person related to the applicant within the degree |
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described by Subdivision (3); |
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(5) for an application for a ballot to be voted by |
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mail 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 |
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license or identification is otherwise valid. |
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Explanation: The change is necessary to regulate the |
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content of an application for an early voting ballot. |
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(11) Senate Rule 12.03(1) is suspended to permit the |
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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 |
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information 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 |
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early voting ballot. |
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(12) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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 |
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registration under Section 13.002(c)(8), the clerk shall reject |
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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. |
|
(13) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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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, |
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to read as follows: |
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(g) The carrier envelope must include a space that is |
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hidden from view when the envelope is sealed for the voter to |
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enter the 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 |
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described by Subdivision (1), the last four digits of the voter's |
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social 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 |
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valid. |
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(i) No record associating an individual voter with a |
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ballot 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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 5.15 of the |
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bill, by adding Sections 87.128, Election Code, to read as |
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follows: |
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Sec. 87.128. NOTES. Each member of an early voting |
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ballot board and each member of a signature verification |
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committee is entitled to take and keep any notes reasonably |
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necessary to perform the member's duties under this chapter. |
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Explanation: The change is necessary to provide that |
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members of early voting ballot boards and of signature |
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verification committees may take and keep certain notes. |
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(15) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 8.04 of the |
|
bill, by amending Sections 232.008(b), (c), and (d), Election |
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Code, to read as follows: |
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(b) Except as provided by Subsection (c), a contestant |
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must file the petition not later than the later of the 45th [30th] |
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day after the date the election records are publicly available |
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under Section 1.012 or the official result of the contested |
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election is determined. |
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(c) A contestant must file the petition not later than |
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the later of the 15th [10th] day after the date the election |
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records are publicly available under Section 1.012 or the |
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official result is 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 |
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is necessary according to the official result or will be |
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necessary if the contestant prevails. |
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(d) A contestant must deliver, electronically or |
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otherwise, a copy of the petition to the secretary of state by the |
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same deadline prescribed for the filing of the petition. |
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Explanation: The change is necessary to regulate the |
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filing and delivery of a petition in an election contest. |
|
(16) Senate Rule 12.03(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 8.04 of the |
|
bill, by adding Section 232.063, Election Code, to read as |
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follows: |
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Sec. 232.063. OVERTURNING ELECTION. If the number of |
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votes illegally cast in the election is equal to or greater than |
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the number of votes necessary to change the outcome of an |
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election, the 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) Senate Rule 12.03(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 |
|
follows: |
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Sec. 273.061. JURISDICTION. (a) The supreme court or a |
|
court of appeals may issue a writ of mandamus to compel the |
|
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 of whether the person responsible for performing the |
|
duty is a public officer. |
|
(b) The court of criminal appeals may issue a writ of |
|
mandamus to compel the performance of any duty imposed by law in |
|
connection with the provision, sequestration, transfer, or |
|
impoundment of evidence in or records relating to a criminal |
|
investigation conducted under this code or conducted in |
|
connection with the conduct of an election or political party |
|
convention. If a writ of mandamus is issued under this |
|
subsection, it shall include an order requiring the provision, |
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sequestration, transfer, or impoundment of the evidence or |
|
record. |
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Explanation: The change is necessary to permit the court |
|
of criminal appeals to issue writs of mandamus to compel the |
|
performance of certain duties relating to elections. |
|
(18) Senate Rule 12.03(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 8.09 of the |
|
bill, by adding Sections 23.301(c), (d), and (e), Government |
|
Code, 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 |
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Subsection (b) not later than 24 hours after the proceeding is |
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filed and, if a temporary injunction is granted, the injunction |
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may not remain in 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 |
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clerk with the intention of influencing or attempting to |
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influence the court or judge assigned to a proceeding under this |
|
section. |
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(e) An offense under this section is a Class A |
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misdemeanor, except that the offense is a state jail felony if it |
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is shown on the trial of the offense that the person committed the |
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offense while acting in the person's official capacity as an |
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election official. |
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Explanation: The change is necessary to regulate the |
|
assignment of certain election proceedings and describe the |
|
conduct constituting an offense under Section 23.301, |
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Government Code, as well as the punishment for that offense. |
|
(19) Senate Rule 12.03(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 8.09 of the |
|
bill, by adding Section 23.302, Government Code, to read as |
|
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 |
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judge to whom a case is assigned under Section 23.301(b) who |
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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 |
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(3) set a scheduling order that provides: |
|
(A) a date for a hearing on any injunction |
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sought not later than five days after the date on which the |
|
proceeding was filed; and |
|
(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 |
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23.301(b) not later than 12 hours after the original judge |
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assigned to the 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 |
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section, a person may seek from the supreme court, the court of |
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criminal appeals, or a court of appeals a writ of mandamus as |
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provided by Section 273.061, Election Code, to compel compliance |
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with this 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 challenge under Section 141.034, Election Code, may be heard |
|
after the primary election has been canvassed. |
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Explanation: The change is necessary to provide for |
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deadlines in certain election proceedings. |
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(20) Senate Rule 12.03(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 9.02 of the |
|
bill, by adding amended Article 42.01, Code of Criminal |
|
Procedure, to read as follows: |
|
Sec. 4. The Court of Criminal Appeals [Office of Court |
|
Administration of the Texas Judicial System] shall promulgate a |
|
standardized felony judgment form that conforms to the |
|
requirements of Section 1 of this article. A court entering a |
|
felony judgment [judgement] shall use the form promulgated under |
|
this section. |
|
Sec. 16. In addition to the information described by |
|
Section 1, the judgment should reflect the affirmative finding |
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and instruction entered pursuant to Article 42.0194. |
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Explanation: The change is necessary to require the Court |
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of Criminal Appeals to promulgate a standardized felony |
|
judgment form including certain information entered pursuant to |
|
Article 42.0194, Code of Criminal Procedure. |
|
(21) Senate Rule 12.03(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 11.03(d) of the |
|
bill, in the transition language, to read as follows: |
|
(d) 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. |
|
Explanation: The change is necessary to ensure that any |
|
change in law made by the Act applies only to an application to |
|
vote an early voting ballot by mail submitted on or after the |
|
effective date of the Act. |
|
(22) Senate Rule 12.03(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 11.04 of the |
|
bill, in the transition language, to read as follows: |
|
SECTION 11.04. Not later than January 1, 2022, the |
|
secretary of state shall develop the training course required by |
|
Section 31.019, Election Code, as added by this Act. |
|
Explanation: The change is necessary to require the |
|
secretary of state to develop the training course required by |
|
added Section 31.019, Election Code, before January 1, 2022. |
|
(23) Senate Rule 12.03(1) is suspended to permit the |
|
committee to amend text not in disagreement in proposed SECTION |
|
11.06 of the bill, providing for an effective, to read as |
|
follows: |
|
SECTION 11.06. 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 September 1, 2021. |
|
Explanation: The change is necessary to allow the |
|
provisions of the Act to take effect immediately if the measure |
|
receives a vote of two-thirds of all the members elected to each |
|
house. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 29, 2021, by |
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the following vote: Yeas 19, |
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Nays 12. |
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_______________________________ |
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Secretary of the Senate |