84R9484 ADM-D

By: Ellis S.B. No. 990

A BILL TO BE ENTITLED

AN ACT

relating to the protection of voting rights in the State of Texas; creating a criminal offense.

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

SECTION 1. This Act may be cited as the Texas Voting Rights Act of 2015.

SECTION 2. Section 13.001(b), Election Code, is amended to read as follows:

(b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 16 [17] years [and 10 months] of age and satisfy the requirements of Subsection (a) except for age.

SECTION 3. Section 13.002(e), Election Code, is amended to read as follows:

(e) Notwithstanding Section 82.005, a [A] person who is certified for participation in the address confidentiality program administered by the attorney general under Subchapter C, Chapter 56, Code of Criminal Procedure, is not eligible for early voting by mail [under Section 82.007] unless the person submits an application under this section by personal delivery. The secretary of state may adopt rules to implement this subsection.

SECTION 4. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows:

Sec. 13.009. ISSUANCE OF RECEIPT. (a) This section applies only to a completed registration application that is submitted by the applicant in person to a voter registrar, deputy registrar, or volunteer deputy registrar or a voter registration agency designated under Chapter 20. This section does not apply to a completed registration application that is submitted by mail.

(b) On receipt of a completed registration application, the person receiving the application shall prepare a receipt in duplicate on a form prescribed by the secretary of state and furnished by the registrar.

(c) The receipt must contain:

(1) the name of the applicant and, if applicable, the name of the applicant's agent; and

(2) the date the completed application is submitted.

(d) The person receiving the application shall sign the receipt in the applicant's presence and shall give the original to the applicant.

(e) The person receiving the application shall deliver the duplicate receipt to the registrar with the registration application. The registrar shall retain the receipt on file with the application.

(f) The secretary of state may prescribe a procedure that is an alternative to the procedure prescribed by this section that will ensure the accountability of the registration applications.

SECTION 5. Section 13.031, Election Code, is amended by adding Subsection (f) to read as follows:

(f) A volunteer deputy registrar appointed under this section may serve as a volunteer deputy registrar throughout the state regardless of which county appointed the deputy registrar. The secretary of state shall prescribe procedures to implement this subsection.

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 terminates on the person's final conviction for an offense for failure to deliver a registration application and may terminate on the registrar's determination that the person failed to adequately review a registration application.

SECTION 7. Section 13.034(b), Election Code, is amended to read as follows:

(b) The registrar shall maintain the file in alphabetical order by deputy name [on a countywide basis].

SECTION 8. Section 13.035(c), Election Code, is amended to read as follows:

(c) The registrar shall maintain the file in alphabetical order by deputy name [on a countywide basis].

SECTION 9. Section 13.037(a), Election Code, is amended to read as follows:

(a) A person may not receive compensation from any [the] county for service as a volunteer deputy registrar unless compensation is authorized by the commissioners court.

SECTION 10. Section 13.038, Election Code, is amended to read as follows:

Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person.

(b) A volunteer deputy registrar may distribute a voter registration application in the form prescribed by the secretary of state under Section 31.002 throughout the state and receive an application in that form submitted to the deputy in person, regardless of the county in which the application was printed.

(c) The secretary of state shall prescribe procedures to implement this section.

SECTION 11. The heading to Section 31.005, Election Code, is amended to read as follows:

Sec. 31.005. ENFORCEMENT; PROTECTION OF VOTING RIGHTS.

SECTION 12. Section 31.005(b), Election Code, is amended to read as follows:

(b) If the secretary determines that a person performing official functions in the administration of any part of the electoral processes is exercising the powers vested in that person in a manner that impedes the free exercise of a citizen's voting rights or otherwise violates this code, the secretary may order the person to correct the offending conduct. If the person fails to comply, the secretary may seek enforcement of the order by a temporary restraining order or a writ of injunction or mandamus obtained through the attorney general.

SECTION 13. Subchapter A, Chapter 61, Election Code, is amended by adding Section 61.015 to read as follows:

Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE. (a) An election officer commits an offense if the officer knowingly:

(1) removes the name of an eligible voter from the list of registered voters or the poll list for the precinct;

(2) refuses to accept for voting a person whose acceptance is required by this code; or

(3) prevents the deposit in the ballot box of a marked and properly folded ballot that was provided at the polling place to the voter who is depositing it or for whom the deposit is attempted.

(b) An offense under this section is a state jail felony.

SECTION 14. Section 61.032, Election Code, is amended to read as follows:

Sec. 61.032. INTERPRETER PERMITTED. If an election officer who attempts to communicate with a voter does not understand the language used by the voter, the voter may communicate through an interpreter selected by the voter or by the authority ordering the election.

SECTION 15. Section 61.033, Election Code, is amended to read as follows:

Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be eligible to serve as an interpreter, a person:

(1) if selected by the voter, may be any person other than the voter's employer, an agent of the voter's employer, or an officer or agent of a labor union to which the voter belongs; or

(2) if appointed to serve as an interpreter by the authority ordering the election, must be a registered voter of the county in which the voter needing the interpreter resides or a registered voter of an adjacent county.

SECTION 16. Chapter 61, Election Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES

Sec. 61.061. DECEPTIVE ELECTION PRACTICES 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. CIVIL ACTION. The attorney general or a person harmed by a violation of Section 61.061 may bring a civil action for relief against a person who violates that section, including an action seeking a permanent or temporary injunction, restraining order, or other appropriate order.

Sec. 61.065. 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 17. Chapter 62, Election Code, is amended by adding Section 62.0015 to read as follows:

Sec. 62.0015. VOTER REGISTRARS MUST BE PRESENT. Two voter registrars must be present at each polling place while the polls are open.

SECTION 18. Chapter 63, Election Code, is amended by adding Section 63.010 to read as follows:

Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING PROCEDURES. (a) Other applicable provisions of this code apply to the conduct of voting and to the registration of voters under this section to the extent those provisions do not conflict with this section.

(b) 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 for voting in the precinct of the person's residence if, on the day the person offers to vote, the person:

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

(2) presents as proof of identification:

(A) a Texas driver's license, including a temporary license or instruction permit, or personal identification card issued to the person by the Department of Public Safety that states the person's current address on the day the person seeks to vote; or

(B) a utility bill addressed to the person dated not earlier than the 30th day before the date the person seeks to vote, and:

(i) a Texas driver's license, including a temporary license or instruction permit, or personal identification card issued to the person by the Department of Public Safety, regardless of whether the address stated on the license or card is current on the day the person seeks to vote;

(ii) a United States passport issued to the person; or

(iii) a United States military identification card that contains the person's photograph.

(c) Persons voting under this section shall be processed separately at the polling place from persons who are voting under regular procedures.

(d) The secretary of state shall adopt rules to ensure the accountability of election officers and to fairly implement this section.

SECTION 19. The heading to Section 63.012, Election Code, is amended to read as follows:

Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT] VOTER.

SECTION 20. Section 63.012(a), Election Code, is amended to read as follows:

(a) An election officer commits an offense if the officer knowingly[:

[(1)] permits an ineligible voter to vote other than as provided by Section 63.011[; or

[(2) refuses to accept a person for voting whose acceptance is required by this code].

SECTION 21. The heading to Section 64.010, Election Code, is amended to read as follows:

Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT OF BALLOT.

SECTION 22. Section 64.010(a), Election Code, is amended to read as follows:

(a) An election officer commits an offense if the officer[:

[(1)] permits a person to deposit in the ballot box a ballot that the officer knows was not provided at the polling place to the voter who is depositing the ballot or for whom the deposit is made[; or

[(2) prevents the deposit in the ballot box of a marked and properly folded ballot that was provided at the polling place to the voter who is depositing it or for whom the deposit is attempted].

SECTION 23. Section 82.005, Election Code, is amended to read as follows:

Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL APPEARANCE]. Any qualified voter is eligible for early voting by mail or personal appearance.

SECTION 24. Section 82.007, Election Code, is amended to read as follows:

Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter who, [is eligible for early voting by mail if:

[(1) the voter submitted a registration application by personal delivery as required by Section 13.002(e); and

[(2)] at the time the voter's early voting ballot application is submitted, [the voter] is certified for participation in the address confidentiality program administered by the attorney general under Subchapter C, Chapter 56, Code of Criminal Procedure, is eligible for early voting by mail only if the voter submitted a registration application by personal delivery as required by Section 13.002(e).

SECTION 25. Section 84.001(a), Election Code, is amended to read as follows:

(a) To be entitled to vote an early voting ballot by mail, a person [who is eligible for early voting] must make an application for an early voting ballot to be voted by mail as provided by this title.

SECTION 26. Section 84.002(a), Election Code, is amended to read as follows:

(a) An early voting ballot application must include:

(1) the applicant's name and the address at which the applicant is registered to vote;

(2) for an application for a ballot to be voted by mail by an applicant who will be absent from the applicant's [on the ground of absence from the] county of residence on election day, the address outside the applicant's county of residence to which the ballot is to be mailed;

(3) for an application for a ballot to be voted by mail by an applicant who is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative [on the ground of age or disability], the address of the hospital, nursing home or other long-term care facility, or retirement center, or of a person related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, if the applicant is living at that address and that address is different from the address at which the applicant is registered to vote;

(4) for an application for a ballot to be voted by mail by an applicant who is confined [on the ground of confinement] in jail as described by Section 84.009(a), the address of the jail or of a person related to the applicant within the degree described by Subdivision (3); and

(5) [for an application for a ballot to be voted by mail on any ground,] an indication of each election for which the applicant is applying for a ballot[; and

[(6) an indication of the ground of eligibility for early voting].

SECTION 27. Section 84.009, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) This section applies only to an applicant who, at the time the application for a ballot to be voted by mail is submitted, is confined in jail:

(1) serving a misdemeanor sentence for a term that ends on or after election day;

(2) pending trial after denial of bail;

(3) without bail pending an appeal of a felony conviction; or

(4) pending trial or appeal on a bailable offense for which release on bail before election day is unlikely.

(a-1) On request of the applicant, an application for a ballot to be voted by mail [on the ground of confinement in jail] may be submitted to the early voting clerk, at the discretion of the authority in charge of the jail, by personal delivery by the jail authority or by a designated subordinate of the authority.

SECTION 28. Section 84.011(a), Election Code, is amended to read as follows:

(a) The officially prescribed application form for an early voting ballot must include:

(1) immediately preceding the signature space the statement: "I certify that the information given in this application is true, and I understand that giving false information in this application is a crime.";

(2) a statement informing the applicant of the offenses prescribed by Sections 84.003 and 84.004;

(3) spaces for entering an applicant's voter registration number and county election precinct of registration, with a statement informing the applicant that failure to furnish that information does not invalidate the application; and

(4) on an application for a ballot to be voted by mail:

(A) a space for an applicant [applying on the ground of absence from the county of residence] to indicate whether the applicant will be absent from the applicant's county of residence on election day and, if applicable, the date on or after which the applicant can receive mail at the address outside the county;

(B) a space for indicating the fact that an applicant whose application is signed by a witness cannot make the applicant's mark and a space for indicating the relationship or lack of relationship of the witness to the applicant;

(C) a space for entering an applicant's telephone number, with a statement informing the applicant that failure to furnish that information does not invalidate the application;

(D) a space or box for an applicant who is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative, [applying on the ground of age or disability] to indicate that the address to which the ballot is to be mailed is the address of a facility or relative described by Section 84.002(a)(3), if applicable;

(E) a space or box for an applicant confined [applying on the ground of confinement] in jail as described by Section 84.009(a) to indicate that the address to which the ballot is to be mailed is the address of a relative described by Section 84.002(a)(4), if applicable;

(F) spaces for entering the signature, printed name, and residence address of any person assisting the applicant;

(G) a statement informing the applicant of the condition prescribed by Section 81.005; and

(H) a statement informing the applicant of the requirement prescribed by Section 86.003(c).

SECTION 29. Section 85.031(a), Election Code, is amended to read as follows:

(a) For each person entitled to vote an early voting ballot by personal appearance or entitled to register at a polling place, the early voting clerk shall follow the procedure for accepting or registering a regular voter on election day, with the modifications necessary for the conduct of early voting.

SECTION 30. Sections 86.001(b) and (c), Election Code, are amended to read as follows:

(b) If the application complies with the applicable requirements prescribed by this title [applicant is entitled to vote an early voting ballot by mail], the clerk shall provide an official ballot to the applicant as provided by this chapter.

(c) Except as provided by Section 86.008, if the applicant is not entitled to vote in the election [by mail], the clerk shall reject the application, enter on the application "rejected" and the reason for and date of rejection, and deliver written notice of the reason for the rejection to the applicant at both the residence address and mailing address on the application. A ballot may not be provided to an applicant whose application is rejected.

SECTION 31. Section 86.003(c), Election Code, is amended to read as follows:

(c) The address to which the balloting materials must be addressed is the address at which the voter is registered to vote, or the registered mailing address if different, unless the application to vote early by mail indicates that the voter [ground for voting by mail is]:

(1) will be absent from the voter's [absence from the] county of residence on election day, in which case the address must be an address outside the voter's county of residence;

(2) is confined [confinement] in jail as described by Section 84.009(a), in which case the address must be the address of the jail or of a relative described by Section 84.002(a)(4); or

(3) is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative, [age or disability] and [the voter] is living at a hospital, nursing home or other long-term care facility, or retirement center, or with a relative described by Section 84.002(a)(3), in which case the address must be the address of that facility or relative.

SECTION 32. Section 86.004(b), Election Code, is amended to read as follows:

(b) For an election to which Section 101.104 applies, the balloting materials for a voter who indicates on the application for a ballot to be voted by mail or the federal postcard application that the voter seeks [is eligible] to vote early by mail as a consequence of the voter's being outside the United States shall be mailed on or before the later of the 45th day before election day or the seventh calendar day after the date the clerk receives the application. However, if it is not possible to mail the ballots by the deadline of the 45th day before election day, the clerk shall notify the secretary of state within 24 hours of knowing that the deadline will not be met. The secretary of state shall monitor the situation and advise the clerk, who shall mail the ballots as soon as possible in accordance with the secretary of state's guidelines.

SECTION 33. Section 87.041(b), Election Code, is amended to read as follows:

(b) A ballot may be accepted only if:

(1) the carrier envelope certificate is properly executed;

(2) neither the voter's signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness;

(3) [the voter's ballot application states a legal ground for early voting by mail;

[(4)] the voter is registered to vote, if registration is required by law;

(4) [(5) the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence;

[(6)] for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011; and

(5) [(7)] the address to which the ballot was mailed to the voter is an address [that is otherwise] required by Sections 84.002 and 86.003.

SECTION 34. Section 102.001(a), Election Code, is amended to read as follows:

(a) A qualified voter is eligible to vote a late ballot as provided by this chapter if the voter has a sickness or physical condition [described by Section 82.002] that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health and originates on or after the day before the last day for submitting an application for a ballot to be voted by mail.

SECTION 35. Section 662.003(b), Government Code, is amended to read as follows:

(b) A state holiday includes only the following days:

(1) the 19th day of January, "Confederate Heroes Day," in honor of Jefferson Davis, Robert E. Lee, and other Confederate heroes;

(2) the second day of March, "Texas Independence Day";

(3) the 21st day of April, "San Jacinto Day";

(4) the 19th day of June, "Emancipation Day in Texas," in honor of the emancipation of the slaves in Texas in 1865;

(5) the 27th day of August, "Lyndon Baines Johnson Day," in observance of the birthday of Lyndon Baines Johnson;

(6) the Friday after Thanksgiving Day;

(7) the 24th day of December; [and]

(8) the 26th day of December; and

(9) every day on which an election, including a primary election, is held throughout the state.

SECTION 36. Section 662.021, Government Code, is amended to read as follows:

Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes only the following days:

(1) a national holiday under Section 662.003(a); and

(2) a state holiday under Sections 662.003(b)(1) through (6) or Section 662.003(b)(9).

SECTION 37. Sections 13.040, 82.001, 82.002, 82.003, 82.004, 84.002(b), and 112.002(b), Election Code, are repealed.

SECTION 38. The secretary of state shall adopt rules as required by Section 63.010, Election Code, as added by this Act, not later than February 1, 2016.

SECTION 39. (a) The changes in law made by this Act in adding Sections 62.0015 and 63.010, Election Code, and in amending Section 85.03(a), Election Code, apply only to an election for which early voting by personal appearance begins on or after February 1, 2016.

(b) The changes in law made by this Act in amending Sections 13.002(e), 82.005, 82.007, 84.001(a), 84.002(a), 84.009, 84.011(a), 86.001(b) and (c), 86.003(c), 86.004(b), 87.041(b), and 102.001(a), Election Code, and in repealing Sections 82.001, 82.002, 82.003, 82.004, 84.002(b), and 112.002(b), Election Code, apply only to an election ordered on or after September 1, 2015.

(c) The changes in law made by this Act in adding Section 13.009, Election Code, and repealing Section 13.040, Election Code, apply only to a voter registration application submitted on or after the effective date of this Act.

SECTION 40. This Act takes effect September 1, 2015.