By Denny H.B. No. 927
75R3008 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting procedures and to the enforcement
1-3 of the election laws; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.006, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 31.006. REFERRAL OF COMPLAINT [TO ATTORNEY GENERAL].
1-8 (a) If, after receiving a complaint alleging criminal conduct in
1-9 connection with an election, the secretary of state determines that
1-10 there is reasonable cause to suspect that the alleged criminal
1-11 conduct occurred, the secretary may [shall promptly] refer the
1-12 complaint to the county or district attorney having jurisdiction in
1-13 the territory covered by the election or to the attorney general.
1-14 (b) On referring the complaint, the [The] secretary of state
1-15 shall deliver to the appropriate authority [attorney general] all
1-16 pertinent documents and other information in the secretary's
1-17 possession.
1-18 SECTION 2. Section 64.036(d), Election Code, is amended to
1-19 read as follows:
1-20 (d) An offense under this section is a state jail felony
1-21 [Class B misdemeanor].
1-22 SECTION 3. Subchapter A, Chapter 84, Election Code, is
1-23 amended by adding Section 84.0011 to read as follows:
1-24 Sec. 84.0011. MEDICAL CERTIFICATION. To the extent
2-1 permissible under federal law, the secretary of state shall
2-2 prescribe procedures in connection with a requirement for medical
2-3 certification from a voter who is eligible for early voting by mail
2-4 on the ground of sickness or physical condition.
2-5 SECTION 4. Section 84.002(a), Election Code, is amended to
2-6 read as follows:
2-7 (a) An early voting ballot application must include:
2-8 (1) the applicant's name and the address at which the
2-9 applicant is registered to vote;
2-10 (2) for an application for a ballot to be voted by
2-11 mail on the ground of absence from the county of residence, the
2-12 address outside the applicant's county of residence to which the
2-13 ballot is to be mailed;
2-14 (3) for an application for a ballot to be voted by
2-15 mail on the ground of age or disability, the address of the
2-16 hospital, nursing home or other long-term care facility, or
2-17 retirement center, if the applicant is living at that address and
2-18 that address is different from the address at which the applicant
2-19 is registered to vote;
2-20 (4) for an application for a ballot to be voted by
2-21 mail on the ground of confinement in jail, the address of the jail;
2-22 (5) for an application for a ballot to be voted by
2-23 mail on any ground, [and] an indication of each election for which
2-24 the applicant [voter] is applying for a ballot; and
2-25 (6) [(3)] an indication of the ground of eligibility
2-26 for early voting.
2-27 SECTION 5. Section 84.004(e), Election Code, is amended to
3-1 read as follows:
3-2 (e) An offense under this section is a state jail felony
3-3 [Class B misdemeanor].
3-4 SECTION 6. Section 84.0041(b), Election Code, is amended to
3-5 read as follows:
3-6 (b) An offense under this section is a state jail felony
3-7 [Class B misdemeanor].
3-8 SECTION 7. Section 84.011(a), Election Code, is amended to
3-9 read as follows:
3-10 (a) The officially prescribed application form for an early
3-11 voting ballot must include:
3-12 (1) immediately preceding the signature space the
3-13 statement: "I certify that the information given in this
3-14 application is true, and I understand that giving false information
3-15 in this application is a crime.";
3-16 (2) a statement informing the applicant [voters] of
3-17 the offense prescribed by Section 84.004;
3-18 (3) spaces for entering an applicant's voter
3-19 registration number and county election precinct of registration,
3-20 with a statement informing the applicant that failure to furnish
3-21 that information does not invalidate the application; and
3-22 (4) on an application for a ballot to be voted by
3-23 mail:
3-24 (A) a space for an applicant applying on the
3-25 ground of absence from the county of residence to indicate the date
3-26 on or after which the applicant can receive mail at the address
3-27 outside the county;
4-1 (B) a space for indicating the fact that an
4-2 applicant whose application is signed by a witness cannot make the
4-3 applicant's [his] mark and a space for indicating the relationship
4-4 or [the] lack of relationship of the witness to the applicant;
4-5 [and]
4-6 (C) a space for entering an applicant's
4-7 telephone number, with a statement informing the applicant that
4-8 failure to furnish that information does not invalidate the
4-9 application;
4-10 (D) a space or box for an applicant applying on
4-11 the ground of age or disability to indicate that the address to
4-12 which the ballot is to be mailed is a facility described by Section
4-13 84.002(a)(3), if applicable; and
4-14 (E) a statement informing the applicant of the
4-15 requirement prescribed by Section 86.003(c).
4-16 SECTION 8. Section 86.003, Election Code, is amended to read
4-17 as follows:
4-18 Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
4-19 ADDRESS. (a) The balloting materials for voting by mail shall be
4-20 provided to the voter by mail. A ballot provided by any other
4-21 method may not be counted.
4-22 (b) Subject to Subsection (c), the balloting materials shall
4-23 be addressed to the applicable [mailing] address specified in the
4-24 voter's application. [If no mailing address is specified, the
4-25 materials shall be mailed to the voter's residence address unless a
4-26 different address is required by Subsection (c).] The election
4-27 officer providing the ballot may not knowingly mail the materials
5-1 to an address other than that prescribed by this section.
5-2 (c) The [mailing] address to which the balloting materials
5-3 must be addressed is the address at which the voter is registered
5-4 to vote [the voter's residence or temporary living quarters]
5-5 unless[:]
5-6 [(1)] the ground for voting by mail is:
5-7 (1) absence from the county of residence, in which
5-8 case the address must be an address outside the voter's county of
5-9 residence; [or]
5-10 (2) [the ground for voting by mail is] confinement in
5-11 jail, in which case the address must be the jail; or
5-12 (3) age or disability and the voter is living at a
5-13 hospital, nursing home or other long-term care facility, or
5-14 retirement center, in which case the address must be that facility.
5-15 (d) If the applicable [mailing] address specified in a
5-16 voter's application is an address other than that prescribed by
5-17 Subsection (c), the voter's application shall be rejected in
5-18 accordance with Section 86.001(c) [ballot may not be counted].
5-19 SECTION 9. Chapter 86, Election Code, is amended by adding
5-20 Section 86.0051 to read as follows:
5-21 Sec. 86.0051. ELECTIONEERING BY CANDIDATE OR CAMPAIGN WORKER
5-22 PROHIBITED. (a) A candidate or campaign worker in the election
5-23 commits an offense if, within 100 feet of an outside door through
5-24 which a voter may enter the voter's residence and while a ballot to
5-25 be voted by mail is in the voter's possession, the person
5-26 electioneers for or against any candidate, measure, or political
5-27 party.
6-1 (b) In this section:
6-2 (1) "Campaign worker" means a person who is employed
6-3 by or volunteers for:
6-4 (A) an election campaign;
6-5 (B) a political party to promote the candidates
6-6 or interests of the party; or
6-7 (C) a political action committee or other
6-8 political organization to promote the candidates or interests of
6-9 the committee or organization.
6-10 (2) "Candidate" means a person who has taken
6-11 affirmative action, as described by the law regulating political
6-12 funds and campaigns, for the purpose of gaining nomination or
6-13 election.
6-14 (c) An offense under this section is a Class A misdemeanor.
6-15 SECTION 10. Section 86.006, Election Code, is amended by
6-16 amending Subsection (d) and adding Subsection (e) to read as
6-17 follows:
6-18 (d) Each carrier envelope that is delivered by a common or
6-19 contract carrier must be accompanied by an individual delivery
6-20 receipt for that particular carrier envelope that indicates that
6-21 payment for its delivery was made by the voter. Carrier envelopes
6-22 covered by Subsection (c) may be accompanied by a single delivery
6-23 receipt indicating that payment for their delivery was made by one
6-24 of those voters.
6-25 (e) [(d)] A ballot returned in violation of this section may
6-26 not be counted. If the early voting clerk determines that the
6-27 ballot was returned in violation of this section, the clerk shall
7-1 make a notation on the carrier envelope and treat it as a ballot
7-2 not timely returned in accordance with Section 86.011(c).
7-3 SECTION 11. Chapter 86, Election Code, is amended by adding
7-4 Section 86.0061 to read as follows:
7-5 Sec. 86.0061. COLLECTION BY CANDIDATE OR CAMPAIGN WORKER
7-6 PROHIBITED. (a) A candidate or campaign worker in the election
7-7 commits an offense if the person collects or receives a voter's
7-8 marked ballot voted under this chapter.
7-9 (b) In this section, "candidate" and "campaign worker" have
7-10 the meanings assigned by Section 86.0051.
7-11 (c) It is an exception to the application of this section
7-12 that the conduct of a candidate who is also the early voting clerk
7-13 occurs in connection with the duties and functions of the early
7-14 voting clerk as prescribed by this code.
7-15 (d) A marked ballot that is collected or received in
7-16 violation of this section may not be counted.
7-17 (e) Each marked ballot that is collected or received in
7-18 violation of this section constitutes a separate offense.
7-19 (f) An offense under this section is a state jail felony.
7-20 SECTION 12. Sections 86.013(d) and (e), Election Code, are
7-21 amended to read as follows:
7-22 (d) The following textual material, as [prohibition
7-23 prescribed by Section 86.006(b), in wording] prescribed by the
7-24 secretary of state, must be printed on the reverse side of the
7-25 official carrier envelope:
7-26 (1) the prohibition prescribed by Section 86.006(b);
7-27 (2) the conditions for delivery by common or contract
8-1 carrier prescribed by Section 86.006; and
8-2 (3) the offense prescribed by Section 86.0061.
8-3 (e) The following notice must be printed on the reverse side
8-4 of the official carrier envelope, near the space provided for the
8-5 voter's signature: "This envelope must be sealed by the voter
8-6 before it leaves the voter's hands. Do not give this envelope to a
8-7 person not known to you."
8-8 SECTION 13. Section 86.014(a), Election Code, is amended to
8-9 read as follows:
8-10 (a) A copy of an application for a ballot to be voted by
8-11 mail may be obtained from the early voting clerk after the end of
8-12 the period for early voting by personal appearance [48 hours after
8-13 the receipt of the application by the clerk].
8-14 SECTION 14. Section 87.121(f), Election Code, is amended to
8-15 read as follows:
8-16 (f) Information on the roster for a person to whom an early
8-17 voting mail ballot has been sent is not available for public
8-18 inspection, except to the voter seeking to verify that the
8-19 information pertaining to the voter [him] is accurate, until the
8-20 end of the period for early voting by personal appearance [24 hours
8-21 after the time a ballot was mailed to the voter].
8-22 SECTION 15. Section 273.001, Election Code, is amended to
8-23 read as follows:
8-24 Sec. 273.001. Investigation of Criminal Conduct. (a) If
8-25 two or more registered voters of the territory covered by an
8-26 election present affidavits alleging criminal conduct in connection
8-27 with the election to the county or district attorney having
9-1 jurisdiction in that territory or to the secretary of state, the
9-2 county or district attorney or the secretary of state, as
9-3 applicable, shall investigate the allegations. If the election
9-4 covers territory in more than one county, the voters may present
9-5 the affidavits to the attorney general, and the attorney general
9-6 shall investigate the allegations.
9-7 (b) A district or county attorney having jurisdiction, the
9-8 secretary of state, or the attorney general may conduct an
9-9 investigation on the officer's own initiative to determine if
9-10 criminal conduct occurred in connection with an election.
9-11 (c) On receipt of an affidavit under Section 15.028, the
9-12 county or district attorney having jurisdiction and, if applicable,
9-13 the attorney general shall investigate the matter.
9-14 (d) On referral of a complaint from the secretary of state
9-15 under Section 31.006, the county or district attorney having
9-16 jurisdiction or the attorney general, as applicable, shall [may]
9-17 investigate the allegations.
9-18 (e) Following an investigation by the secretary of state
9-19 under this section, the secretary shall deliver to the appropriate
9-20 prosecuting authority all pertinent documents and other information
9-21 in the secretary's possession.
9-22 (f) On request by the appropriate authority, the secretary
9-23 of state shall assist the authority in the investigation of alleged
9-24 criminal conduct in connection with an election.
9-25 SECTION 16. Section 273.002, Election Code, is amended to
9-26 read as follows:
9-27 Sec. 273.002. LOCAL ASSISTANCE TO INVESTIGATING OFFICER
10-1 [ATTORNEY GENERAL]. For an election in which the secretary of
10-2 state or attorney general is conducting an investigation, the
10-3 investigating officer [attorney general] may:
10-4 (1) direct the county or district attorney serving a
10-5 county in the territory covered by the election to conduct or
10-6 assist the investigating officer [attorney general] in conducting
10-7 the investigation; or
10-8 (2) direct the Department of Public Safety to assist
10-9 in conducting the investigation.
10-10 SECTION 17. Sections 273.003(a) and (c), Election Code, are
10-11 amended to read as follows:
10-12 (a) In the investigation of an election, a county or
10-13 district attorney, the secretary of state, or the attorney general
10-14 may have impounded for the investigation the election returns,
10-15 voted ballots, signature roster, and other election records.
10-16 (c) The application for impoundment must be filed with the
10-17 district court of [the county in which the election was held or an
10-18 adjoining county. An application for records of a statewide
10-19 election may be filed in] the county in which the election was
10-20 held, an adjoining county, or Travis County.
10-21 SECTION 18. Chapter 273, Election Code, is amended by adding
10-22 Subchapter F to read as follows:
10-23 SUBCHAPTER F. VENUE FOR CRIMINAL OFFENSE
10-24 Sec. 273.101. VENUE. A criminal offense prescribed by the
10-25 election laws of this state may be prosecuted in the county in
10-26 which the offense was committed, an adjoining county, or Travis
10-27 County.
11-1 SECTION 19. Section 273.024, Election Code, is repealed.
11-2 SECTION 20. (a) The changes in law made by this Act apply
11-3 only to an offense committed on or after the effective date of this
11-4 Act. For purposes of this section, an offense is committed before
11-5 the effective date of this Act if any element of the offense occurs
11-6 before that date.
11-7 (b) An offense committed before the effective date of this
11-8 Act is covered by the law in effect when the offense was committed,
11-9 and the former law is continued in effect for that purpose.
11-10 SECTION 21. This Act takes effect September 1, 1997.
11-11 SECTION 22. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.