By: Taylor of Galveston H.B. No. 2817
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain election practices and procedures; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1, Election Code, is amended by adding
  Section 1.016 to read as follows:
         Sec. 1.016.  RESIDENCE FOR CERTAIN REGISTERED VOTERS.
  (a)  For purposes of registration under this code, a person's
  residence is established at the first residence address in the
  following list that is applicable to the person:
               (1)  the address the person claims as a homestead in
  this state;
               (2)  the address stated on a driver's license issued to
  the person by the Department of Public Safety that has not expired
  or, if the person has notified the department of a change of address
  under Section 521.054, Transportation Code, the new address
  contained in the notification;
               (3)  the address stated on a personal identification
  card issued to the person by the Department of Public Safety that
  has not expired or, if the person has notified the department of a
  change of address under Section 521.054, Transportation Code, the
  new address contained in the notification;
               (4)  the address stated on a license to carry a
  concealed handgun issued to the person by the Department of Public
  Safety that has not expired or, if the person has notified the
  department of a change of address under Section 411.181, Government
  Code, the new address contained in the notification; or
               (5)  an address corresponding to a residence at which
  the person receives mail.
         (b)  The address described by Subsection (a)(5) may not be a
  commercial post office box or similar location that does not
  correspond to a residence.
         (c)  This section does not apply to:
               (1)  a person who is a member of the armed forces of the
  United States or the spouse or a dependent of a member; or
               (2)  a person enrolled as a full-time student at an
  institution of higher education.
         (d)  The secretary of state shall adopt rules as necessary to
  implement this section.
         SECTION 2.  Section 4.004(a), Election Code, is amended to
  read as follows:
         (a)  The notice of a general or special election must state:
               (1)  the nature and date of the election;
               (2)  except as provided by Subsection (c), the location
  of each polling place[, including each early voting polling place];
               (3)  the hours that the polls will be open; and
               (4)  any other information required by other law.
         SECTION 3.  Subchapter A, Chapter 13, Election Code, is
  amended by adding Section 13.008 to read as follows:
         Sec. 13.008.  PERFORMANCE-BASED COMPENSATION FOR
  REGISTERING VOTERS PROHIBITED. (a) A person commits an offense if
  the person:
               (1)  compensates another person based on the number of
  voter registrations that the other person successfully
  facilitates;
               (2)  presents another person with a quota of voter
  registrations to facilitate as a condition of payment or
  employment;
               (3)  engages in another practice that causes another
  person's compensation from or employment status with the person to
  be dependent on the number of voter registrations that the other
  person facilitates; or
               (4)  accepts compensation for an activity described by
  Subdivision (1), (2), or (3).
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  An officer, director, or other agent of an entity that
  commits an offense under this section is punishable for the
  offense.
         SECTION 4.  Subchapter A, Chapter 13, Election Code, is
  amended by adding Section 13.009 to read as follows:
         Sec. 13.009.  ELECTRONIC VOTER REGISTRATION. (a) The
  secretary of state shall implement a program to allow a person who
  has a valid driver's license or personal identification card issued
  in this state to complete a voter registration application over the
  Internet from the official website of this state and either
  directly or via links to the websites of the secretary of state, the
  Department of Public Safety, and counties participating in the
  program.
         (b)  An applicant for electronic voter registration must:
               (1)  attest to the truth of the information provided on
  the application by affirmatively accepting the information as true;
  and
               (2)  affirmatively consent to the use of the address
  and signature on the applicant's driver's license or personal
  identification card for voter registration purposes.
         (c)  For each application submitted, the program shall
  require that a digital copy of the applicant's signature be
  obtained from the Department of Public Safety.
         (d)  An application submitted under this section is
  considered for all purposes as an application submitted by mail
  under this title.
         (e)  The secretary of state shall adopt rules as necessary to
  implement this section, including rules to provide for additional
  security measures necessary to ensure the accuracy and integrity of
  applications submitted electronically.
         (f)  The rules adopted under Subsection (e) must require that
  each Internet website through which a person may complete a voter
  registration application include a description of the offense
  described by Section 13.007 in a conspicuous location on the
  website near the place where the person begins or submits the
  application.
         SECTION 5.  Section 13.031(d), Election Code, is amended to
  read as follows:
         (d)  To be eligible for appointment as a volunteer deputy
  registrar, a person must:
               (1)  be a registered voter [18 years of age or older];
  [and]
               (2)  not have been finally convicted of a felony or, if
  so convicted, must have:
                     (A)  fully discharged the person's sentence,
  including any term of incarceration, parole, or supervision, or
  completed a period of probation ordered by any court; or
                     (B)  been pardoned or otherwise released from the
  resulting disability to vote; and
               (3)  not have been finally convicted of an offense
  under Section 32.51, Penal Code.
         SECTION 6.  Section 13.033(b), Election Code, is amended to
  read as follows:
         (b)  If a person is to be appointed, the registrar shall
  prepare a certificate of appointment in duplicate containing:
               (1)  the date of appointment;
               (2)  the statement: "I, _____________, Voter Registrar
  for _____________ County, do hereby appoint _______________ as a
  volunteer deputy registrar for _____________ County.";
               (3)  the person's residence address;
               (4)  the person's voter registration number, if any;
               (5)  a statement that the term of the appointment
  expires December 31 of an even-numbered year; and
               (6)  a statement that the appointment:
                     (A)  terminates on the person's final conviction
  for an offense:
                           (i)  for failure to deliver a registration
  application; or
                           (ii)  under Section 32.51, Penal Code; and
                     (B)  may terminate on the registrar's
  determination that the person failed to adequately review a
  registration application.
         SECTION 7.  Section 13.036(a), Election Code, is amended to
  read as follows:
         (a)  An appointment as a volunteer deputy registrar is
  terminated on:
               (1)  the expiration of the volunteer deputy's term of
  appointment; or
               (2)  the final conviction of the volunteer deputy for
  an offense prescribed by Section 13.008 or 13.043 of this code or
  Section 32.51, Penal Code.
         SECTION 8.  Section 18.064, Election Code, is amended to
  read as follows:
         Sec. 18.064.  SANCTION FOR NONCOMPLIANCE. If a registrar
  fails to substantially comply with Section 15.083, 16.032,
  [18.042,] or 18.061 or with rules adopted by the secretary of state
  implementing the statewide computerized voter registration list,
  the registrar is not entitled to receive state funds for financing
  voter registration in the county.
         SECTION 9.  Section 18.065(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state shall monitor each registrar for
  substantial compliance with Sections 15.083, 16.032, [18.042,] and
  18.061 and with rules implementing the statewide computerized voter
  registration list.
         SECTION 10.  Subchapter C, Chapter 18, Election Code, is
  amended by adding Section 18.068 to read as follows:
         Sec. 18.068.  VOTING HISTORY. Not later than the 30th day
  after the date of the primary, runoff primary, or general election
  or any special election ordered by the governor, the registrar
  shall electronically submit to the secretary of state the record of
  each voter participating in the election.
         SECTION 11.  Section 19.002(d), Election Code, is amended to
  read as follows:  
         (d)  The comptroller may not issue a warrant if on June 1 of
  the year in which the warrant is to be issued the most recent notice
  received by the comptroller from the secretary of state under
  Section 18.065 indicates that the registrar is not in substantial
  compliance with Section 15.083, 16.032, [18.042,] or 18.065 or with
  rules implementing the registration service program.
         SECTION 12.  Section 31.006, Election Code, is amended to
  read as follows:
         Sec. 31.006.  REFERRAL OF COMPLAINT TO ATTORNEY GENERAL.
  (a)  If, after receiving a complaint alleging criminal conduct in
  connection with an election, the secretary of state determines that
  there is reasonable cause to suspect that the alleged criminal
  conduct occurred, the secretary shall promptly refer the complaint
  to the attorney general. The secretary shall deliver to the
  attorney general all pertinent documents in the secretary's
  possession.
         (b)  The documents submitted to the attorney general under
  Subsection (a) are not considered public information until the
  attorney general has completed the investigation or has made a
  determination that the complaint referred does not warrant an
  investigation.
         SECTION 13.  Section 31.092(b), Election Code, is amended to
  read as follows:
         (b)  The county election officer may contract with the county
  executive committee of a political party holding a primary election
  in the county to perform election services, as provided by this
  subchapter, in the party's general primary election or runoff
  primary election, or both. [To be binding, a contract under this
  subsection must be approved in writing by the secretary of state,
  and the execution of a contract is not completed until written
  approval is obtained.]
         SECTION 14.  Section 31.093(a), Election Code, is amended to
  read as follows:
         (a)  If requested to do so by a political subdivision or
  political party, the county elections administrator shall enter
  into a contract to furnish the election services requested, in
  accordance with a cost schedule agreed on by the contracting
  parties. [If the contracting parties are unable to reach an
  agreement, on referral by either party, the secretary of state
  shall either prescribe terms that the administrator must accept or
  instruct the administrator to decline to enter into a contract with
  the requesting party.]
         SECTION 15.  Section 32.002(c), Election Code, is amended to
  read as follows:
         (c)  The presiding judge and alternate presiding judge must
  be affiliated or aligned with different political parties, subject
  to this subsection.  Before July of each year in a county to which
  Subsection (a)(1) applies or before August of each year in a county
  to which Subsection (a)(2) applies, the county chair of a political
  party whose candidate for governor received the highest or second
  highest number of votes in the county in the most recent
  gubernatorial general election shall submit in writing to the
  commissioners court a list of names of persons in order of
  preference for each precinct who are eligible for appointment as an
  election judge.  The county chair may supplement the list of names
  of persons until the 20th day before a general election or the 15th
  day before a special election in case an appointed election judge
  becomes unable to serve.  The commissioners court shall appoint the
  first person meeting the applicable eligibility requirements from
  the list submitted in compliance with this subsection by the party
  with the highest number of votes in the precinct as the presiding
  judge and the first person meeting the applicable eligibility
  requirements from the list submitted in compliance with this
  subsection by the party with the second highest number of votes in
  the precinct as the alternate presiding judge. If the candidates
  for governor of two political parties received the same number of
  votes in the precinct, the first person meeting the applicable
  eligibility requirements from the list submitted by the party whose
  candidate for governor received the highest number of votes in the
  county shall be appointed as the presiding judge and the first
  person meeting the applicable eligibility requirements from the
  list submitted by the party whose candidate for governor received
  the second highest number of votes in the county shall be appointed
  as the alternate presiding judge.  The commissioners court may
  reject the list if the persons whose names are submitted on the list
  are determined not to meet the applicable eligibility requirements.
         SECTION 16.  Section 32.075, Election Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  The presiding judge or a special peace officer appointed
  under this section may not remove an alternate presiding judge from
  the polling place without cause or:
               (1)  the approval of the county clerk, county elections
  administrator, or similar official administering the election for a
  political subdivision; and
               (2)  the documentation and certification by the
  presiding judge of the reason for removal.
         (g)  A person is eligible for appointment as a special peace
  officer under Subsection (b) only if the person is licensed as a
  peace officer by the Commission on Law Enforcement Officer
  Standards and Education.
         SECTION 17.  Section 33.006(b), Election Code, is amended to
  read as follows:
         (b)  A certificate of appointment must:
               (1)  be in writing and signed by the appointing
  authority or, for an appointment for a write-in candidate under
  Section 33.004, by each of the voters making the appointment;
               (2)  indicate the capacity in which the appointing
  authority is acting;
               (3)  state the name, residence address, and voter
  registration number of the appointee and be signed by the
  appointee;
               (4)  identify the election and the precinct polling
  place or other location at which the appointee is to serve;
               (5)  in an election on a measure, identify the measure
  if more than one is to be voted on and state which side of the
  measure the appointee represents; and
               (6)  contain an affidavit executed by the appointee
  stating that the appointee will not have possession of a device
  capable [any mechanical or electronic means] of recording images or
  sound or that the appointee will disable or deactivate the device
  while serving as a watcher.
         SECTION 18.  Subchapter A, Chapter 33, Election Code, is
  amended by adding Section 33.008 to read as follows:
         Sec. 33.008.  CONFIDENTIAL INFORMATION. (a) During the
  administration of the election, any information provided by a
  watcher under this chapter that may be used to identify the watcher
  is confidential and may be used only for election administration
  purposes.  The information may be made available to the public
  beginning on the day after election day.
         (b)  It is an offense to disclose information described by
  Subsection (a) during the administration of the election without
  the permission of the watcher.
         (c)  An offense under this section is a Class B misdemeanor.
         SECTION 19.  Section 33.051(c), Election Code, is amended to
  read as follows:
         (c)  A watcher may not be accepted for service if the watcher
  has possession of a device capable [any mechanical or electronic
  means] of recording images or sound unless the watcher agrees to
  disable or deactivate the device. The presiding judge may inquire
  whether a watcher has possession of any prohibited recording device
  before accepting the watcher for service.
         SECTION 20.  Section 43.007, Election Code, is amended by
  adding Subsections (k) and (l) to read as follows:
         (k)  Each county that previously participated in a program
  under this section is authorized to continue participation in the
  program for future elections described by Subsection (a) if:
               (1)  the commissioners court of the county approves
  participation in the program; and
               (2)  the secretary of state determines the county's
  participation in the program was successful.
         (l)  Subsections (b), (c), and (d) do not apply to a county
  participating in the program under Subsection (k).
         SECTION 21.  Section 64.032, Election Code, is amended by
  adding Subsection (c-1) and amending Subsection (d) to read as
  follows:
         (c-1)  The person selected under Subsection (c) must also be
  a registered voter of the county in which the election is being held
  unless the person is related to the voter within the second degree
  by consanguinity or affinity, as determined under Subchapter B,
  Chapter 573, Government Code.
         (d)  If assistance is provided by a person of the voter's
  choice, the person shall provide a photo identification to an
  election officer and the officer shall enter the person's name and
  address on the poll list beside the voter's name.
         SECTION 22.  Subchapter B, Chapter 64, Election Code, is
  amended by adding Section 64.0325 to read as follows:
         Sec. 64.0325.  LIMITATION ON ASSISTANCE. (a) A person
  chosen under Section 64.032(c) may not assist more than two voters
  in a day, including assistance provided during the period for early
  voting by personal appearance and assistance provided under Section
  86.010.
         (b)  A person who violates Subsection (a) is liable to the
  state for a civil penalty not to exceed $10,000. The attorney
  general or the appropriate district or county attorney may bring
  suit to recover a penalty under this subsection.
         (c)  Subsection (a) does not apply to a person assisting a
  voter if the person:
               (1)  is an employee of a state-licensed care facility
  in which the voter resides and is providing assistance to the voter
  in the normal course of the employee's authorized duties;
               (2)  is a sign language interpreter providing
  interpretation services to the voter; or
               (3)  is related to the voter within the second degree by
  consanguinity or affinity, as determined under Subchapter B,
  Chapter 573, Government Code.
         SECTION 23.  Section 64.036(d), Election Code, is amended to
  read as follows:
         (d)  An offense under this section is a state jail felony
  [Class A misdemeanor].
         SECTION 24.  Section 84.007(b), Election Code, is amended to
  read as follows:
         (b)  An application must be submitted to the early voting
  clerk by:
               (1)  mail;
               (2)  common or contract carrier; or
               (3)  telephonic facsimile machine, [if the applicant is
  absent from the county and] if a machine is available in the clerk's
  office.
         SECTION 25.  Section 85.004, Election Code, is amended to
  read as follows:
         Sec. 85.004.  PUBLIC NOTICE OF MAIN POLLING PLACE LOCATION.
  The election order and the election notice must state the location
  of the main [each] early voting polling place.
         SECTION 26.  Sections 85.032(b), (d), and (f), Election
  Code, are amended to read as follows: 
         (b)  The ballot box in which voters deposit their marked
  early voting ballots must have two locks, each with a different key,
  and must be designed and constructed so that the box can be sealed
  to detect any unauthorized opening of the box and that the ballot
  slot can be sealed to prevent any unauthorized deposit in the box.
  The seals for the boxes must be serially numbered for each election.
  The procedures prescribed by Sections 127.064, 127.065, 127.066,
  and 127.068 governing the use of sealed ballot boxes in electronic
  voting system elections apply to the use of sealed ballot boxes
  under this title to the extent those procedures can be made
  applicable[, with references to the central counting station being
  applied to the early voting ballot board]. The secretary of state
  shall prescribe any procedures necessary to implement the use of
  sealed ballot boxes in early voting.
         (d)  Each custodian shall retain possession of the key
  entrusted to the custodian until it is delivered to the presiding
  judge of the central counting station [early voting ballot board
  under Subchapter B, Chapter 87].
         (f)  The secretary of state shall prescribe procedures
  providing for the security of the voted early voting ballots from
  the last day of voting by personal appearance at a polling place
  until the day the ballots are counted. [The procedures must include
  security measures covering the transfer of the ballots between the
  early voting clerk and the early voting ballot board.]
         SECTION 27.  Subchapter C, Chapter 85, Election Code, is
  amended by adding Section 85.073 to read as follows:
         Sec. 85.073.  MOBILE VOTING STATIONS IN CERTAIN COUNTIES IN
  CERTAIN ELECTIONS. (a) This section applies to early voting in an
  election that includes a bond proposition in a city or school
  district located in a county with a population of more than one
  million.
         (b)  If a mobile voting station is used, the mobile voting
  station:
               (1)  may not change locations during the early voting
  period; and
               (2)  shall be placed within the territory covered by
  the election in a manner to allow all of the voters in the territory
  the same access to the mobile voting station during the early voting
  period.
         SECTION 28.  Section 86.0051, Election Code, is amended by
  adding Subsection (b-1) and amending Subsections (c), (d), and (e)
  to read as follows:
         (b-1)  A person may not deposit in the mail or with a common
  or contract carrier more than two carrier envelopes containing
  ballots voted by other persons in an election.
         (c)  A person commits an offense if the person knowingly
  violates Subsection (b) or (b-1). It is not a defense to an offense
  under this subsection that the voter voluntarily gave another
  person possession of the voter's carrier envelope.
         (d)  An offense under this section is a state jail felony
  [Class B misdemeanor], unless the person is convicted of an offense
  under Section 64.036 for providing unlawful assistance to the same
  voter in connection with the same ballot, in which event the offense
  is a [state jail] felony of the third degree.
         (e)  Subsections (a) and (c) do not apply if the person is
  related to the applicant within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code[, or is registered to vote at the same
  address as the applicant].  Subsection (c) does not apply to an
  employee of a state licensed care facility where the voter resides
  who is working in the normal course of the employee's authorized
  duties.
         SECTION 29.  Section 86.006(f), Election Code, is amended to
  read as follows:
         (f)  A person commits an offense if the person knowingly
  possesses an official ballot or official carrier envelope provided
  under this code to another.  Unless the person possessed the ballot
  or carrier envelope with intent to defraud the voter or the election
  authority, this subsection does not apply to a person who, on the
  date of the offense, was:
               (1)  related to the voter within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code;
               (2)  registered to vote at the same address as the
  voter;
               (3)  an early voting clerk or a deputy early voting
  clerk;
               (4)  a person who possesses the carrier envelope in
  order to deposit the envelope in the mail or with a common or
  contract carrier and who provides the information required by
  Section 86.0051(b) in accordance with that section;
               (5)  an employee of the United States Postal Service
  working in the normal course of the employee's authorized duties;
  [or]
               (6)  a common or contract carrier working in the normal
  course of the carrier's authorized duties if the official ballot is
  sealed in an official carrier envelope that is accompanied by an
  individual delivery receipt for that particular carrier envelope;
  or
               (7)  an employee of a state licensed care facility
  where the voter resides who is working in the normal course of the
  employee's authorized duties.
         SECTION 30.  Sections 86.010(g) and (h), Election Code, are
  amended to read as follows:
         (g)  An offense under this section is a state jail felony
  [Class A misdemeanor] unless the person is convicted of an offense
  under Section 64.036 for providing unlawful assistance to the same
  voter, in which event the offense is a [state jail] felony of the
  third degree.
         (h)  Subsection (f) does not apply if the person is related
  to the applicant within the second degree by affinity or the third
  degree by consanguinity, as determined under Subchapter B, Chapter
  573, Government Code[, or is registered to vote at the same address
  as the applicant].
         SECTION 31.  Section 87.021, Election Code, is amended to
  read as follows:
         Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO
  BOARD. The early voting clerk shall deliver to the early voting
  ballot board:
               (1)  [each ballot box, in accordance with Section
  85.032(b), containing the early voting ballots voted by personal
  appearance and the clerk's key to each box;
               [(2)]  the jacket envelopes containing the early voting
  ballots voted by mail;
               (2) [(3)]  the poll lists prepared in connection with
  early voting by personal appearance;
               (3) [(4)]  the list of registered voters used in
  conducting early voting; and
               (4) [(5)]  a ballot transmittal form that includes a
  statement of the number of early voting ballots voted by mail that
  are delivered to the early voting ballot board [and the number of
  names appearing on the poll lists prepared in connection with early
  voting by personal appearance].
         SECTION 32.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.0211 to read as follows:
         Sec. 87.0211.  ELECTRONIC DELIVERY OF MATERIALS RECORDED
  ELECTRONICALLY. If ballot materials and ballot applications are
  recorded electronically as provided by Section 87.126, the early
  voting clerk may deliver those materials to the early voting ballot
  board through electronic means.
         SECTION 33.  Section 87.022, Election Code, is amended to
  read as follows:
         Sec. 87.022.  TIME OF DELIVERY:  GENERAL RULE. Except as
  provided by Section [87.0221,] 87.0222[, 87.023,] or 87.024, the
  materials shall be delivered to the early voting ballot board under
  this subchapter during the time the polls are open on election day,
  or as soon after the polls close as practicable, at the time or
  times specified by the presiding judge of the board.
         SECTION 34.  Section 87.0241, Election Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  Except as provided by Subsection (d), the [The] board
  may not count early voting ballots until:
               (1)  the polls open on election day; or
               (2)  in an election conducted by an authority of a
  county with a population of 100,000 or more or conducted jointly
  with such a county, the end of the period for early voting by
  personal appearance.
         (d)  An early voting ballot board may establish a process for
  removing data from voting machines used in early voting before the
  polls open on election day if:
               (1)  the county will use the voting machines on
  election day; and
               (2)  the secretary of state approves the process.
         SECTION 35.  Section 87.027, Election Code, is amended by
  adding Subsection (m) to read as follows:
         (m)  If ballot materials or ballot applications are recorded
  electronically as provided by Section 87.126, the signature
  verification committee may use an electronic copy of a carrier
  envelope certificate or the voter's ballot application in making
  the comparison under Subsection (i).
         SECTION 36.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.126 to read as follows:
         Sec. 87.126.  ELECTRONIC RECORDING OF BALLOT MATERIALS AND
  APPLICATIONS. (a) The early voting clerk may electronically
  record applications for a ballot to be voted by mail, jacket
  envelopes, carrier envelopes, and ballots.
         (b)  The secretary of state may adopt rules providing
  requirements for the electronic image quality and storage of the
  electronic images of the documents described by Subsection (a).
         SECTION 37.  Section 101.001, Election Code, is amended to
  read as follows:
         Sec. 101.001.  ELIGIBILITY. (a) A person is eligible for
  early voting by mail as provided by this chapter if:
               (1)  the person is qualified to vote in this state or,
  if not registered to vote in this state, would be qualified if
  registered; and
               (2)  the person is:
                     (A)  a member of the armed forces of the United
  States, or the spouse or a dependent of a member;
                     (B)  a member of the merchant marine of the United
  States, or the spouse or a dependent of a member; or
                     (C)  domiciled in this state but temporarily
  living outside the territorial limits of the United States and the
  District of Columbia.
         (b)  Notwithstanding Subsection (a) and Chapter 114, a
  person who indicates on a federal postcard application that the
  person is a United States citizen residing outside the United
  States indefinitely is entitled to vote a full ballot as provided by
  this chapter if the person is otherwise eligible to vote under this
  chapter and is a registered voter at the address contained on the
  application.
         SECTION 38.  Section 112.002(a), Election Code, is amended
  to read as follows:
         (a)  After changing residence to another county, a person is
  eligible to vote a limited ballot by personal appearance during the
  early voting period or by mail if:
               (1)  the person would have been eligible to vote in the
  county of former residence on election day if still residing in that
  county;
               (2)  the person is registered to vote in the county of
  former residence at the time the person:
                     (A)  offers to vote in the county of new
  residence; or
                     (B)  submitted a voter registration application
  in the county of new residence; and
               (3)  a voter registration for the person in the county
  of new residence is not effective on or before election day.
         SECTION 39.  Subchapter A, Chapter 122, Election Code, is
  amended by adding Section 122.006 to read as follows:
         Sec. 122.006.  EXEMPTION FROM USE OF VOTING SYSTEM FOR
  CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to:
               (1)  a city with a population of 40,000 or less; and
               (2)  a school district with a student population of
  10,000 or less.
         (b)  A political subdivision is not required to use an
  electronic voting system.
         SECTION 40.  Section 127.007, Election Code, is amended to
  read as follows:
         Sec. 127.007.  PLAN FOR COUNTING STATION OPERATION. (a)  The
  manager shall establish and implement a written plan for the
  orderly operation of the central counting station.
         (b)  The plan required under this section must address the
  process for comparing the number of voters who signed the
  combination form with the number of votes cast for the entire
  election.
         SECTION 41.  Subchapter E, Chapter 127, Election Code, is
  amended by adding Section 127.1311 to read as follows:
         Sec. 127.1311.  ANNOUNCING UNOFFICIAL RESULTS. (a) Except
  as provided by Subsection (b), unofficial election results shall be
  released as soon as they are available after the polls close.
         (b)  The presiding judge of the central counting station, in
  cooperation with the county clerk, may withhold the release of
  unofficial election results until the last voter has voted.
         SECTION 42.  Section 127.201, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  This section does not apply to the tabulation of
  electronic voting system results for a voting system that uses
  direct recording electronic voting machines.
         SECTION 43.  Section 129.023(c), Election Code, is amended
  to read as follows:
         (c)  The general custodian of election records shall adopt
  procedures for testing that:
               (1)  direct the testing board to cast votes;
               (2)  verify that each contest position, as well as each
  precinct and ballot style, on the ballot can be voted and is
  accurately counted [for each precinct and ballot style];
               (3)  include overvotes and undervotes for each race, if
  applicable to the system being tested;
               (4)  include straight-party votes and crossover votes;
               (5)  include write-in votes, when applicable to the
  election;
               (6)  include provisional votes, if applicable to the
  system being tested;
               (7)  calculate the expected results from the test
  ballots;
               (8)  ensure that each voting machine has any public
  counter reset to zero and presented to the testing board for
  verification before testing;
               (9)  require that, for each feature of the system that
  allows disabled voters to cast a ballot, at least one vote be cast
  and verified by a two-person testing board team using that feature;
  and
               (10)  require that, when all votes are cast, the
  general custodian of election records and the testing board observe
  the tabulation of all ballots and compare the actual results to the
  expected results.
         SECTION 44.  Subchapter A, Chapter 141, Election Code, is
  amended by adding Section 141.005 to read as follows:
         Sec. 141.005.  RESIDENCY REQUIREMENT IN CERTAIN POLITICAL
  SUBDIVISIONS. (a) This section applies only to a political
  subdivision that:
               (1)  is located in a county with territory greater than
  4,600 square miles; and
               (2)  is either:
                     (A)  an independent school district servicing
  less than 1,500 students; or
                     (B)  a municipality with a population of less than
  8,000.
         (b)  Notwithstanding Section 141.001, a municipal charter
  provision, or any other law, a candidate for the governing body of
  an independent school district or a municipality is eligible for
  any position of the governing body if the candidate resides
  anywhere in the territory from which any member of the governing
  body is elected.
         SECTION 45.  Section 141.040, Election Code, is amended to
  read as follows:
         Sec. 141.040.  NOTICE OF DEADLINES. (a) The authority with
  whom [Not later than the 30th day before the first day on which a
  candidate may file] an application for a place on the ballot under
  this subchapter[, the authority with whom the application] must be
  filed shall post notice of the dates of the filing period in a
  public place in a building in which the authority has an office not
  later than the 30th day before:
               (1)  the first day on which a candidate may file the
  application; or
               (2)  the last day on which a candidate may file the
  application, if this code does not designate a first day on which
  the candidate may file the application.
         (b)  This section does not apply to an office filled at the
  general election for state and county officers.
         SECTION 46.  Section 145.001, Election Code, is amended by
  amending Subsection (b) and adding Subsection (d-1) to read as
  follows:
         (b)  A [To be effective, a] withdrawal request must:
               (1)  be in writing and be signed and acknowledged by the
  candidate; and
               (2)  be timely filed with the appropriate authority or
  an agent of an authority only as expressly provided by this code.
         (d-1)  A withdrawal that is not filed in compliance with
  Subsection (b) has no legal effect and is not considered filed.
         SECTION 47.  Section 145.005, Election Code, is amended to
  read as follows:
         Sec. 145.005.  EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN,
  OR INELIGIBLE CANDIDATE. (a) If the name of a deceased, withdrawn,
  or ineligible candidate appears on the ballot under this chapter,
  the votes cast for the candidate shall be counted and entered on the
  official election returns in the same manner as for the other
  candidates.
         (b)  If the deceased, withdrawn, or ineligible candidate
  receives the vote required for election, the resulting vacancy
  shall be filled in the regular manner.
         (c)  If the deceased, withdrawn, or ineligible candidate and
  another candidate tie for the most votes in an election in which a
  plurality vote is sufficient for election, the other candidate is
  considered to be elected. If more than one other candidate is tied
  with the deceased, withdrawn, or ineligible candidate, the winner
  of the election shall be determined by resolving the tie between the
  other candidates in the regular manner for resolving a tie vote in
  the election.
         (d)  In a race in which a runoff is required, if the deceased,
  withdrawn, or ineligible candidate received the vote that would
  entitle the candidate to a place on the runoff election ballot or
  tied for that number of votes, the candidates in the runoff shall be
  determined in the regular manner but without regard to the votes
  received by the deceased, withdrawn, or ineligible candidate.
         SECTION 48.  Sections 145.092(a) and (d), Election Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this section, a
  candidate may not withdraw from an election after 5 p.m. of the
  third day after the deadline for filing the candidate's application
  for a place on the ballot [second day before the beginning of early
  voting by personal appearance].
         (d)  A candidate in a runoff election [following a main
  election subject to Subsection (b)] may not withdraw from the
  election after 5 p.m. of the third day after the date of the main
  election.
         SECTION 49.  Section 145.094(a), Election Code, is amended
  to read as follows:
         (a)  The name of a candidate shall be omitted from the ballot
  if the candidate:
               (1)  dies before the second day before the date of the
  deadline for filing the candidate's application for a place on the
  ballot;
               (2)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(a) [before 5 p.m. of the second
  day before the beginning of early voting by personal appearance],
  in an election subject to that section [Section 145.092(a)];
               (3)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(b) [before 5 p.m. of the 53rd day
  before election day], in an election subject to that section 
  [Section 145.092(b)]; or
               (4)  withdraws or is declared ineligible within the
  time prescribed by Section 145.092(f) [before 5 p.m. of the 67th day
  before election day], in an election subject to that section 
  [Section 145.092(f)].
         SECTION 50.  Subchapter B, Chapter 171, Election Code, is
  amended by adding Section 171.029 to read as follows:
         Sec. 171.029.  REMOVAL OF COUNTY CHAIR. (a) In this
  section:
               (1)  "Incompetency" means:
                     (A)  gross ignorance of official duties;
                     (B)  gross carelessness in the discharge of
  official duties; or
                     (C)  unfitness or inability to promptly and
  properly discharge official duties because of a serious physical or
  mental defect that did not exist at the time of the county chair's
  election.
               (2)  "Official misconduct" means intentional, unlawful
  behavior relating to a county chair's official duties. The term
  includes an intentional or corrupt failure, refusal, or neglect of
  a county chair to perform an official duty.
         (b)  The state executive committee of a political party may
  call a hearing on the issue of removing the county chair for
  incompetency or official misconduct in response to a complaint from
  a member of the political party in the county from which the chair
  was elected.
         (c)  The state executive committee shall give notice to the
  county chair not later than the 14th day before the date of the
  hearing, stating the allegations of incompetency or official
  misconduct. At the hearing, evidence must be presented of the
  chair's incompetency or official misconduct, and the county chair
  shall have the opportunity to examine or question the evidence
  against the chair.
         (d)  After conducting the hearing and reviewing the
  evidence, the state executive committee shall vote on the question
  of the removal of the county chair. If at least three-fifths of the
  membership of the state executive committee finds that the county
  chair has demonstrated incompetency or committed official
  misconduct, the committee shall suspend any party rules to the
  extent necessary to remove the chair.
         (e)  The county executive committee shall fill a vacancy
  created by the removal of a county chair under this section as
  provided by Sections 171.024 and 171.025, except that the
  appointment must be approved by three-fifths of the membership of
  the state executive committee.
         SECTION 51.  Section 172.052(a), Election Code, is amended
  to read as follows:
         (a)  A candidate for nomination may not withdraw from the
  general primary election after the first day after the deadline for
  filing the candidate's application for a place on the general
  primary election ballot [62nd day before general primary election
  day].
         SECTION 52.  Section 172.057, Election Code, is amended to
  read as follows:
         Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE
  CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
  candidate's name shall be omitted from the general primary election
  ballot if the candidate withdraws, dies, or is declared ineligible
  within the time prescribed by Section 172.052(a) [on or before the
  62nd day before general primary election day].
         SECTION 53.  Sections 174.022(a), (b), and (c), Election
  Code, are amended to read as follows:
         (a)  The precinct conventions may [shall] be held in the
  regular county election precincts on:
               (1)  general primary election day; and
               (2)  a date determined by the county executive
  committee that occurs not later than the fifth day after the date of
  the general primary election [in the regular county election
  precincts].
         (b)  Consistent with Subsection (c), not [Not] later than the
  date of the regular drawing for position on the general primary
  election ballot, the county executive committee shall set the hour
  and place for convening each precinct convention for the precincts
  served by the committee. If the county executive committee fails to
  do so, the county chair shall set, consistent with Subsection (c),
  the hour and place.
         (c)  If precinct conventions are held on general primary
  election day, the [The] hour set for convening the conventions may
  not be earlier than 7 p.m. or later than 9 p.m., but a
  [Notwithstanding the hour set for convening, the] convention may
  not convene until the last voter has voted at the precinct polling
  place. If precinct conventions are held on a day other than general
  primary election day, the county executive committee shall set the
  hour for convening or a time frame in which the conventions must
  convene.
         SECTION 54.  Section 174.023, Election Code, is amended to
  read as follows:
         Sec. 174.023.  NOTICE OF DATE, HOUR, AND PLACE. (a) The
  county chair shall post a notice of the date, hour, and place for
  convening each precinct convention on the bulletin board used for
  posting notice of meetings of the commissioners court. The notice
  must remain posted continuously for the 10 days immediately
  preceding the date of the convention.
         (b)  Not later than the 10th day before the date of the
  precinct conventions, the county chair shall deliver to the county
  clerk written notice of the date, hour, and place for convening each
  precinct convention.
         (c)  If the county chair fails to post or deliver notice in
  accordance with this section, another member of the county
  executive committee may post or deliver the notice.
         SECTION 55.  Section 174.092(a), Election Code, is amended
  to read as follows:
         (a)  The biennial state convention shall be convened on any
  day in June or July.
         SECTION 56.  Section 213.013(i), Election Code, is amended
  to read as follows:
         (i)  No device capable [mechanical or electronic means] of
  recording images or sound is [are] allowed inside the room in which
  the recount is conducted, or in any hallway or corridor in the
  building in which the recount is conducted within 30 feet of the
  entrance to the room, while the recount is in progress unless the
  person entitled to be present at the recount agrees to disable or
  deactivate the device.  However, on request of a person entitled to
  appoint watchers to serve at the recount, the recount committee
  chair shall permit the person to photocopy under the chair's
  supervision any ballot, including any supporting materials,
  challenged by the person or person's watcher.  The person must pay a
  reasonable charge for making the copies and, if no photocopying
  equipment is available, may supply that equipment at the person's
  expense.  The person shall provide a copy on request to another
  person entitled to appoint watchers to serve at the recount.
         SECTION 57.  Section 216.002, Election Code, is amended to
  read as follows:
         Sec. 216.002.  CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
  Except as otherwise provided by this chapter, this title, including
  the notice requirement of Section 213.009, applies to a recount
  conducted under this chapter with appropriate modifications as
  prescribed by the secretary of state.
         SECTION 58.  Section 232.008(c), Election Code, is amended
  to read as follows:
         (c)  A contestant must file the petition not later than the
  10th day after the date the official result is determined in a
  contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff is
  necessary according to the official result or will be necessary if
  the contestant prevails.
         SECTION 59.  Section 253.167, Election Code, is amended to
  read as follows:
         Sec. 253.167.  CERTIFICATION OF POPULATION; NOTICE OF
  CONTRIBUTION AND EXPENDITURE LIMITS. (a) For purposes of this
  subchapter only, not later than June 1 of each odd-numbered year,
  the commission [secretary of state] shall:
               (1)  make [deliver to the commission] a written
  certification of the population of each judicial district for which
  a candidate for judge or justice must file a campaign treasurer
  appointment with the commission; and
               (2)  deliver to the county clerk of each county a
  written certification of the county's population, if the county:
                     (A)  comprises an entire judicial district under
  Chapter 26, Government Code; or
                     (B)  has a statutory county court or statutory
  probate court, other than a multicounty statutory county court
  created under Subchapter D, Chapter 25, Government Code.
         (b)  Following [On receipt of the] certification of
  population under Subsection (a), the commission or county clerk, as
  appropriate, shall make available to each candidate for an office
  covered by this subchapter written notice of the contribution and
  expenditure limits applicable to the office the candidate seeks.
         SECTION 60.  Section 501.001, Election Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "Political subdivision" includes a justice
  precinct.
         SECTION 61.  Section 501.023(a), Election Code, is amended
  to read as follows:
         (a)  If 10 or more qualified voters of any county, justice
  precinct, or municipality file a written application and provide
  proof of publication of notice in a newspaper of general
  circulation in that political subdivision, the county clerk of the
  county shall issue to the applicants a petition to be circulated
  among the qualified voters of the political subdivision for the
  signatures of those qualified voters who desire that a local option
  election be called for the purpose of determining whether the sale
  of alcoholic beverages of one or more of the various types and
  alcoholic contents shall be prohibited or legalized in the
  political subdivision. The notice must include:
               (1)  the individual or entity that is applying for the
  petition to gather signatures for a local option liquor election;
               (2)  the type of local option liquor election;
               (3)  the name of the political subdivision in which the
  petition will be circulated; and
               (4)  the name and title of the person with whom the
  application will be filed.
         SECTION 62.  Section 501.108(a), Election Code, is amended
  to read as follows:
         (a)  If a county is not required to pay the initial expense,
  regardless of any authority to receive reimbursement, of a local
  option election under Section 501.107, the county clerk shall
  require the applicants for a petition for a local option election to
  make a deposit before the issuance of the petition.
         SECTION 63.  Section 573.061, Government Code, is amended to
  read as follows:
         Sec. 573.061.  GENERAL EXCEPTIONS. Section 573.041 does not
  apply to:
               (1)  an appointment to the office of a notary public or
  to the confirmation of that appointment;
               (2)  an appointment of a page, secretary, attendant, or
  other employee by the legislature for attendance on any member of
  the legislature who, because of physical infirmities, is required
  to have a personal attendant;
               (3)  a confirmation of the appointment of an appointee
  appointed to a first term on a date when no individual related to
  the appointee within a degree described by Section 573.002 was a
  member of or a candidate for the legislature, or confirmation on
  reappointment of the appointee to any subsequent consecutive term;
               (4)  an appointment or employment of a bus driver by a
  school district if:
                     (A)  the district is located wholly in a county
  with a population of less than 35,000; or
                     (B)  the district is located in more than one
  county and the county in which the largest part of the district is
  located has a population of less than 35,000;
               (5)  an appointment or employment of a personal
  attendant by an officer of the state or a political subdivision of
  the state for attendance on the officer who, because of physical
  infirmities, is required to have a personal attendant;
               (6)  an appointment or employment of a substitute
  teacher by a school district; [or]
               (7)  an appointment or employment of a person by a
  municipality that has a population of less than 200; or
               (8)  an appointment of an election clerk under Section
  32.031, Election Code, who is not related in the first degree by
  consanguinity or affinity to an elected official of the authority
  that appoints the election judges for that election.
         SECTION 64.  (a)  Section 15.022(a), Election Code, is
  amended to read as follows:
         (a)  The registrar shall make the appropriate corrections in
  the registration records, including, if necessary, deleting a
  voter's name from the suspense list:
               (1)  after receipt of a notice of a change in
  registration information under Section 15.021;
               (2)  after receipt of a voter's reply to a notice of
  investigation given under Section 16.033;
               (3)  after receipt of [a registration omissions list
  and] any affidavits executed under Section 63.006 [63.007],
  following an election;
               (4)  after receipt of a voter's statement of residence
  executed under Section 63.0011;
               (5)  before the effective date of the abolishment of a
  county election precinct or a change in its boundary;
               (6)  after receipt of United States Postal Service
  information indicating an address reclassification;
               (7)  after receipt of a voter's response under Section
  15.053; or
               (8)  after receipt of a registration application or
  change of address under Chapter 20.
         (b)  Section 63.006, Election Code, is amended to read as
  follows:
         Sec. 63.006.  VOTER WITH REQUIRED DOCUMENTATION [CORRECT
  CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to
  vote, presents the documentation required under Section 63.001(b)
  [a voter registration certificate indicating that the voter is
  currently registered in the precinct in which the voter is offering
  to vote,] but whose name is not on the precinct list of registered
  voters[,] shall be accepted for voting if the voter presents a voter
  registration certificate indicating that the voter is currently
  registered:
               (1)  in the precinct in which the voter is offering to
  vote; or
               (2)  in a different precinct in the same county as the
  precinct in which the voter is offering to vote and the voter
  executes an affidavit stating that the voter:
                     (A)  is a resident of the precinct in which the
  voter is offering to vote or is otherwise entitled by law to vote in
  that precinct;
                     (B)  was a resident of the precinct in which the
  voter is offering to vote at the time the information on the voter's
  residence address was last provided to the voter registrar;
                     (C)  did not deliberately provide false
  information to secure registration in a precinct in which the voter
  does not reside; and
                     (D)  is voting only once in the election.
         (b)  After the voter is accepted, an election officer shall:
               (1)  indicate beside the voter's name on the poll list
  that the voter was accepted under this section;
               (2)  enter beside the voter's name on the poll list the
  precinct of the voter's registration and the voter's registration
  number as indicated by the voter's registration certificate; and
               (3)  enter the voter's address beside the voter's name
  on the poll list.
         (c)  Section 63.009, Election Code, is amended to read as
  follows:
         Sec. 63.009.  VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.
  A [(a) Except as provided by Subsection (b), a] voter who does not
  present a voter registration certificate when offering to vote, and
  whose name is not on the list of registered voters for the precinct
  in which the voter is offering to vote, shall be accepted for
  provisional voting if the voter executes an affidavit in accordance
  with Section 63.011.
         [(b)     If an election officer can determine from the voter
  registrar that the person is a registered voter of the county and
  the person presents proof of identification, the affidavits
  required by Sections 63.007 and 63.008 are substituted for the
  affidavit required by Section 63.011 in complying with that
  section. After the voter is accepted under this subsection, an
  election officer shall also indicate beside the voter's name on the
  poll list that the voter was accepted under this section.]
         (d)  Section 63.011, Election Code, is amended by amending
  Subsections (a) and (b) and adding Subsection (b-1) to read as
  follows:
         (a)  A person to whom Section 63.001(g) [63.008(b)] or 63.009
  [63.009(a)] applies may cast a provisional ballot if the person
  executes an affidavit stating that the person:
               (1)  is a registered voter in the precinct in which the
  person seeks to vote; and
               (2)  is eligible to vote in the election.
         (b)  A form for an affidavit required by this section must
  [shall] be printed on an envelope in which the provisional ballot
  voted by the person may be placed and must include:
               (1)  a space for entering the identification number of
  the provisional ballot voted by the person; and
               (2)  a space for an election officer to indicate
  whether the person presented a form of identification described by
  Section 63.0101.
         (b-1)  The affidavit form may include space for disclosure of
  any necessary information to enable the person to register to vote
  under Chapter 13. The secretary of state shall prescribe the form
  of the affidavit under this section.
         (e)  Section 66.0241, Election Code, is amended to read as
  follows:
         Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
  must contain:
               (1)  the precinct list of registered voters;
               (2)  the registration correction list;
               (3)  [the registration omissions list;
               [(4)] any statements of residence executed under
  Section 63.0011; and
               (4) [(5)]  any affidavits executed under Section
  63.006 [63.007] or 63.011.
         (f)  Section 85.031(b), Election Code, is amended to read as
  follows:
         (b)  On accepting a voter, the clerk shall indicate beside
  the voter's name on the list of registered voters [or registration
  omissions list, as applicable,] that the voter is accepted to vote
  by personal appearance unless the form of the [either] list makes it
  impracticable to do so, and the clerk shall enter the voter's name
  on the poll list.
         (g)  Sections 63.005, 63.007, and 63.008, Election Code, are
  repealed.
         (h)  Notwithstanding any other provision of this Act, this
  section takes effect January 1, 2012.
         SECTION 65.  Sections 18.041, 18.042, 87.0221, 87.023,
  and
  145.092(c), Election Code, are repealed.
         SECTION 66.  Sections 13.031(d), 13.033(b), and 13.036(a),
  Election Code, as amended by this Act, apply only to the appointment
  of a volunteer deputy voter registrar on or after the effective date
  of this Act. The appointment of a volunteer deputy voter registrar
  before the effective date of this Act is governed by the law in
  effect when the registrar was appointed, and the former law is
  continued in effect for that purpose.
         SECTION 67.  The changes in law made by this Act to Sections
  64.036, 86.0051, 86.006, and 86.010, Election Code, apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 68.  The change in law made by this Act applies to a
  federal postcard application that requests a ballot for an election
  that is held on or after the effective date of this Act.
         SECTION 69.  This Act takes effect September 1, 2011.