83R10484 JRJ-F

By: Rodriguez S.B. No. 1722

A BILL TO BE ENTITLED

AN ACT

relating to reforming the electoral process; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 1, Election Code, is amended by adding Section 1.021 to read as follows:

Sec. 1.021. BIPARTISAN ELECTION COMMISSION. (a) The Bipartisan Election Commission is composed of eight members as follows:

(1) two members from each political party whose nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election, appointed by the senate; and

(2) two members from each political party whose nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election, appointed by the house of representatives.

(b) A member of the commission serves at the will of the appointing house of the legislature.

(c) The commission shall:

(1) study methods to reduce election fraud, increase voter turnout, and improve election practices in this state; and

(2) monitor the implementation of the changes in law made by Chapter 123 (S.B. 14), Acts of the 82nd Legislature, Regular Session, 2011.

(d) The commission shall report its findings to the committees of each house of the legislature with jurisdiction over elections. The commission shall submit one report not later than December 1, 2014, and a second report not later than December 1, 2016. This subsection expires September 1, 2017.

SECTION 2. Subchapter A, Chapter 12, Election Code, is amended by adding Section 12.007 to read as follows:

Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER REGISTRARS. An election officer serving a polling place for early voting by personal appearance is a deputy voter registrar and has the same authority as a regular deputy registrar.

SECTION 3. Section 15.005(b), Election Code, is amended to read as follows:

(b) The notice included on the certificate under this section must state: "All eligible voters shall be accepted for voting if identification is provided that includes one form of photo identification or two forms of nonphoto identification. If an eligible voter cannot provide these documents, the voter shall be allowed to vote if a signed affidavit subject to verification is provided." [secretary of state shall prescribe the wording of the notice to be included on the certificate under this section.]

SECTION 4. Section 31.012, Election Code, is amended to read as follows:

Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The secretary of state, in cooperation with appropriate nonprofit organizations as determined by the secretary of state and with each party whose nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election, shall establish a statewide voter education project to [and the voter registrar of each county that maintains a website shall] provide notice of the identification requirements for voting prescribed by Chapter 63 and to increase awareness regarding the methods of acquiring the required identification [on each entity's respective website in each language in which voter registration materials are available. The secretary of state shall prescribe the wording of the notice to be included on the websites].

(b) A project established under this section must include:

(1) a community outreach program in which information about the identification requirements is provided considering the needs of individuals in each community; and

(2) a communications strategy for providing information about the identification requirements through print, radio, and television in each electronic media market beginning six months in advance of the first election for which photo identification is required [The secretary of state shall conduct a statewide effort to educate voters regarding the identification requirements for voting prescribed by Chapter 63].

(c) The county clerk or county elections administrator shall administer projects established under this section [of each county shall post in a prominent location at the clerk's office a physical copy of the notice prescribed under Subsection (a) in each language in which voter registration materials are available].

SECTION 5. Subchapter A, Chapter 31, Election Code, is amended by adding Sections 31.013 and 31.014 to read as follows:

Sec. 31.013. ELECTION INTEGRITY TRAINING. The secretary of state and the attorney general jointly shall annually conduct, in at least four different geographic regions of the state, election integrity training for election officers, law enforcement personnel, and prosecutors in methods of detecting, investigating, and prosecuting instances of voter fraud and voter suppression.

Sec. 31.014. PHOTO IDENTIFICATION ACCESS STUDY. (a) Not later than January 1, 2015, the secretary of state shall conduct a study on the availability of photo identification and provide recommendations to the legislature concerning:

(1) the ability to merge the databases of different state agencies and governmental entities to obtain photographs of voters for use on the voter's voter registration certificate; and

(2) ways to make photo identification available at no cost to as many voters as possible, including the use of a program to obtain photographs of voters using neighborhood mobile units for use on the voter's voter registration certificate.

(b) This section expires September 1, 2015.

SECTION 6. Chapter 61, Election Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES AND VOTER SUPPRESSION

Sec. 61.061. DECEPTIVE ELECTION PRACTICES AND VOTER SUPPRESSION PROHIBITED. A person may not knowingly deceive another person regarding:

(1) the time, place, or manner of conducting an election in this state; or

(2) the qualifications for or restrictions governing voter eligibility for an election in this state.

Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an offense if the person violates Section 61.061 with the intent to prevent another person from:

(1) voting in an election; or

(2) casting a ballot that may legally be counted.

(b) An offense under this section is a Class B misdemeanor.

Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY SECRETARY. (a) A person may report a suspected violation of Section 61.061 to the secretary of state through the voting rights hotline or otherwise.

(b) Not later than 48 hours after receiving the report, the secretary of state shall:

(1) refer the matter to the attorney general as provided by Section 31.006 if the secretary determines that there is reasonable cause to suspect that a criminal offense has been committed; and

(2) take any action determined necessary to provide correct information to the voters affected by the violation.

(c) The secretary of state shall adopt rules regarding the method of taking corrective action under Subsection (b)(2).

Sec. 61.064. REPORT TO LEGISLATURE. (a) Not later than February 1 of each year, the secretary of state shall submit a report to the legislature regarding the reported violations of Section 61.061 during the preceding calendar year.

(b) The report must include:

(1) the number of reports of violations received;

(2) the number of alleged violations referred to the attorney general;

(3) a description of the corrective actions taken under Section 61.063(b)(2);

(4) the geographic locations of and populations affected by the alleged violations; and

(5) any other information considered appropriate by the secretary of state.

(c) The secretary of state may withhold specific information from a report under this section if the secretary determines that the disclosure of that information would unduly interfere with an ongoing investigation.

SECTION 7. Section 62.011(d), Election Code, is amended to read as follows:

(d) The poster must also include the following information:

(1) the date of the election and the hours during which the polling place is open;

(2) general information on voting rights under state and federal laws, including information on the right of an individual to cast a provisional ballot, the right to receive a written and signed explanation if an individual is not accepted to cast a regular ballot, and the individuals to contact if a person believes these rights have been violated; and

(3) general information on state and federal laws that prohibit acts of fraud or misrepresentation.

SECTION 8. Section 62.0115(b), Election Code, is amended to read as follows:

(b) Except as revised by the secretary of state under Subsection (d), the notice must state that a voter has the right to:

(1) vote a ballot and view written instructions on how to cast a ballot;

(2) vote in secret and free from intimidation;

(3) receive up to two additional ballots if the voter mismarks, damages, or otherwise spoils a ballot;

(4) request instructions on how to cast a ballot, but not to receive suggestions on how to vote;

(5) bring an interpreter to translate the ballot and any instructions from election officials;

(6) receive assistance in casting the ballot if the voter:

(A) has a physical disability that renders the voter unable to write or see; or

(B) cannot read the language in which the ballot is written;

(7) cast a ballot on executing an affidavit as provided by law, if the voter's eligibility to vote is questioned;

(8) report an existing or potential abuse of voting rights to the secretary of state or the local election official;

(9) except as provided by Section 85.066(b), Election Code, vote at any early voting location in the county in which the voter resides in an election held at county expense, a primary election, or a special election ordered by the governor; [and]

(10) file an administrative complaint with the secretary of state concerning a violation of federal or state voting procedures; and

(11) receive a written and signed explanation if the voter is not accepted to cast a regular ballot.

SECTION 9. Section 63.001, Election Code, is amended by amending Subsections (b), (c), (d), (g), and (h) and adding Subsection (i) to read as follows:

(b) On [Except as provided by Subsection (h), on] offering to vote, a voter must present to an election officer at the polling place:

(1) one form of photo identification listed in [described by] Section 63.0101(a);

(2) two different forms of identification listed in Section 63.0101(b); or

(3) the voter's voter registration certificate, accompanied by the affidavit described by Subsection (h) [63.0101].

(c) On presentation of the documentation required by [under] Subsection (b), an election officer shall determine whether the voter's name on the registration certificate [documentation] is on the list of registered voters for the precinct. [If in making a determination under this subsection the election officer determines under standards adopted by the secretary of state that the voter's name on the documentation is substantially similar to but does not match exactly with the name on the list, the voter shall be accepted for voting under Subsection (d) if the voter submits an affidavit stating that the voter is the person on the list of registered voters.]

(d) If[, as determined under Subsection (c),] the voter's name is on the precinct list of registered voters and the voter presents the required [voter's identity can be verified from the] documentation [presented] under Subsection (b), the voter shall be accepted for voting.

(g) If the requirements for identification prescribed by Subsection (b) are not met, the voter may be accepted for provisional voting only under Section 63.011. An election officer shall inform [For] a voter who is not accepted for voting under this section[, an election officer shall:

[(1) inform the voter] of the voter's right to cast a provisional ballot under Section 63.011[; and

[(2) provide the voter with written information, in a form prescribed by the secretary of state, that:

[(A) lists the requirements for identification;

[(B) states the procedure for presenting identification under Section 65.0541;

[(C) includes a map showing the location where identification must be presented; and

[(D) includes notice that if all procedures are followed and the voter is found to be eligible to vote and is voting in the correct precinct, the voter's provisional ballot will be accepted].

(h) If the requirement [The requirements] for identification prescribed by Subsection (b)(1) or (2) is not met, an election officer shall notify the voter that the voter may be accepted for voting if the voter executes an affidavit under penalty of perjury stating that the voter is the person named on [(b) do not apply to a voter who is disabled and presents] the [voter's] voter registration certificate. The affidavit must include the voter's name, address, year of birth, and signature [containing the indication described by Section 15.001(c) on offering to vote].

(i) An election officer who determines not to accept a voter shall provide the voter with a statement signed by the election officer listing all reasons why that voter was not accepted and the circumstances under which a voter may vote a provisional ballot. The statement shall be on a form prescribed by the secretary of state. The form shall include a list of common reasons for not accepting a voter and a space or box next to each reason to indicate whether the reason applies to the voter, and a space or box to indicate whether the voter was offered the opportunity to cast a provisional ballot. The secretary of state, to the extent practicable, shall prescribe the use of existing forms to provide the statement required by this subsection to minimize the number of forms needed at a polling place.

SECTION 10. Section 63.006(a), Election Code, is amended to read as follows:

(a) A voter who, when offering to vote, presents the documentation required under Section 63.001(b)(1) or (2) [63.001(b)] but whose name is not on the precinct list of registered voters shall be accepted for voting if the voter also presents a voter registration certificate indicating that the voter is currently registered:

(1) in the precinct in which the voter is offering to vote if the name listed on the documentation matches the name listed on the voter registration certificate; 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.

SECTION 11. Section 63.0101, Election Code, is amended to read as follows:

Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. (a) The following documentation is an acceptable form of photo identification under this chapter:

(1) a driver's license[, election identification certificate,] or personal identification card issued to the person by the Department of Public Safety that has not expired or that expired no earlier than two years [60 days] before the date of presentation;

(2) a United States military identification card that contains the person's photograph [that has not expired or that expired no earlier than 60 days before the date of presentation];

(3) a United States citizenship or naturalization certificate issued to the person that contains the person's photograph;

(4) a United States passport issued to the person [that has not expired or that expired no earlier than 60 days before the date of presentation]; [or]

(5) a license to carry a concealed handgun issued to the person by the Department of Public Safety; or

(6) a valid identification card that contains the person's photograph and is issued by:

(A) an agency or institution of the federal government; or

(B) an agency, institution, or political subdivision of this state.

(b) The following documentation is acceptable as proof of identification under this chapter:

(1) the person's voter registration certificate;

(2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the person;

(3) official mail addressed to the person by name from a governmental entity;

(4) a certified copy of a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity;

(5) United States citizenship papers issued to the person;

(6) an original or certified copy of the person's marriage license or divorce decree;

(7) court records of the person's adoption, name change, or sex change;

(8) an identification card issued to the person by a governmental entity of this state or the United States for the purpose of obtaining public benefits, including veterans benefits, Medicaid, or Medicare;

(9) a temporary driving permit issued to the person by the Department of Public Safety;

(10) a pilot's license issued to the person by the Federal Aviation Administration or another authorized agency of the United States;

(11) a library card that contains the person's name issued to the person by a public library located in this state;

(12) a hunting or fishing license issued to the person by the Parks and Wildlife Department; or

(13) an identification card issued to the person by a public or private institution of higher education located in this state [that has not expired or that expired no earlier than 60 days before the date of presentation].

SECTION 12. Section 64.012, Election Code, is amended by adding Subsection (c) to read as follows:

(c) The early voting ballot board may examine the signature and other information provided with an affidavit executed under Section 63.001(h) to determine if there is a reason to suspect voter impersonation for the purpose of prosecuting an offense under this section. The early voting ballot board may notify the appropriate county or district attorney of a determination of suspicion under this subsection.

SECTION 13. Section 65.051(a), Election Code, is amended to read as follows:

(a) The early voting ballot board shall verify and count provisional ballots as provided by this subchapter not later than the 10th [seventh] day after the date of an election.

SECTION 14. Section 65.054, Election Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsection (b-1), a [A] provisional ballot may [shall] be accepted if the board determines that,[:

[(1)] from the information in the affidavit or contained in public records, the person is eligible to vote in the election and has not previously voted in that election[;

[(2) the person:

[(A) meets the identification requirements of Section 63.001(b) at the time the ballot was cast or in the period prescribed under Section 65.0541;

[(B) notwithstanding Chapter 110, Civil Practice and Remedies Code, executes an affidavit under penalty of perjury that states the voter has a religious objection to being photographed and the voter has consistently refused to be photographed for any governmental purpose from the time the voter has held this belief; or

[(C) executes an affidavit under penalty of perjury that states the voter does not have any identification meeting the requirements of Section 63.001(b) as a result of a natural disaster that was declared by the president of the United States or the governor, occurred not earlier than 45 days before the date the ballot was cast, and caused the destruction of or inability to access the voter's identification; and

[(3) the voter has not been challenged and voted a provisional ballot solely because the voter did not meet the requirements for identification prescribed by Section 63.001(b)].

(b-1) A provisional ballot cast under Section 85.0312 shall be accepted if the voter registrar determines the applicant is eligible for registration under Section 85.0312(d).

SECTION 15. Section 67.003, Election Code, is amended to read as follows:

Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as provided by Subsection (b), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the 11th [eighth] day or later than the 14th [11th] day after election day.

(b) For an election held on the uniform election date in May, the local canvass must occur not later than the 14th [11th] day after election day and not earlier than the later of:

(1) the third day after election day;

(2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or

(3) the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States.

SECTION 16. Subchapter B, Chapter 85, Election Code, is amended by adding Section 85.0312 to read as follows:

Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY VOTING. (a) A person who would be eligible to vote in an election under Section 11.001, but for the requirement to be a registered voter, shall be accepted during early voting by personal appearance for voting the ballot for the precinct of the person's residence as shown by the identification presented if, on the day the person offers to vote, the person:

(1) submits a voter registration application that complies with Section 13.002 to an election officer at the polling place; and

(2) presents as proof of residence a photo identification under Section 63.0101(a) that states the person's current address on the day the person seeks to vote.

(b) The election officer shall return the original proof of residence to the voter.

(c) A person voting under this section shall vote a provisional ballot in the manner provided by Section 63.011 except that the person is not required to submit the affidavit under Section 63.011(a).

(d) For each registration corresponding to a ballot cast under this section, the voter registrar shall review the application and determine whether the applicant is eligible for registration as provided by Subchapter C, Chapter 13. The registrar shall inform the early voting ballot board of a determination made under this subsection. A registration approved under this subsection takes effect on the date the vote was cast.

(e) The secretary of state may by rule prescribe procedures to implement this section.

(f) An authority holding an election that does not include a statewide or federal election is not required to comply with this section.

SECTION 17. Subchapter A, Chapter 273, Election Code, is amended by adding Section 273.005 to read as follows:

Sec. 273.005. POST-ELECTION INTEGRITY AUDIT. (a) Following the general election for state and county officers, the county clerk of each county shall conduct a post-election integrity audit to examine and investigate any evidence of voter fraud or voter suppression.

(b) The county clerk shall:

(1) not later than the 90th day after the date of the general election for state and county officers, file a report with the secretary of state and the commissioners court of the county providing details of the evidence collected in the audit; and

(2) refer any evidence of voter fraud or voter suppression collected under the audit to the district attorney or criminal district attorney with jurisdiction in the county.

SECTION 18. Section 521.422, Transportation Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) Except as provided by Subsection (d), the [The] fee for a personal identification certificate is:

(1) $15 for a person under 60 years of age;

(2) $5 for a person 60 years of age or older; and

(3) $20 for a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure.

(d) The department may not collect a fee for a personal identification certificate issued to a person who states that the person is obtaining the personal identification certificate for the purpose of voting, and:

(1) who is a registered voter in this state and presents a valid voter registration certificate; or

(2) who is eligible for registration under Section 13.001, Election Code, and submits a registration application to the department.

SECTION 19. This Act takes effect September 1, 2013.