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.