|
ANALYSIS
C.S.H.B. 47 changes from not
later than the 38th day before election day to not later than the 30th day
before election day the deadline by which the balloting materials for early voting
by mail are required to be mailed to a voter entitled to vote by mail if the statutory
mailing date for such materials is earlier than the 45th day before election
day. The bill increases from a Class B misdemeanor to a Class A misdemeanor
the penalty for the offense involving an action relating to a carrier
envelope by a person other than a voter, renames that offense as unlawful
mail ballot activity by person other than voter, and makes certain revisions to
requirements and to an enhancement relating to that offense. The bill further
enhances the penalty for the offense to the next higher category of offense
if it is shown on the trial of the offense that the defendant was previously
convicted of an Election Code offense, the offense involved a voter 65 years
of age or older, or the defendant committed another such offense in the same
election. The bill authorizes the prosecution of an actor under such an
offense, under any other law, or under both that offense and the other law if
the actor's conduct that constitutes the offense also constitutes an offense
under any other law. The bill removes as exceptions to the application of the
offense that the actor is related to the applicant within the second degree
by affinity or the third degree by consanguinity and that the actor is
registered to vote at the same address as the applicant.
C.S.H.B. 47 makes certain
revisions to the persons exempt from the offense involving the knowing
possession of an official ballot or official carrier envelope provided to
another person and exempts from that offense a person who, on the date of the
offense, possesses a ballot or carrier envelope solely for the purpose of
lawfully assisting a voter who is eligible for assistance and who complied
fully with statutory provisions relating to such assistance and to the
offense of unlawful mail ballot activity by person other than voter, if
assistance was provided only in order to deposit the envelop in the mail or
with a common or contract carrier. The bill changes the penalty for such an offense
from a range of penalties based on the number of ballots or carrier envelopes
possessed, enhanced depending on whether the actor had the consent of the
relevant voters, to a Class A misdemeanor, enhanced to a third degree felony
if the defendant possessed the ballot or carrier envelope without the request
of the voter. The bill further enhances the penalty for such an offense to
the next higher category of offense if it is shown on the trial of the
offense that the defendant was previously convicted of an Election Code
offense, the offense involved an individual 65 years of age or older, or the
defendant committed another such offense in the same election. The bill
authorizes the prosecution of an actor under such an offense, under any other
law, or under both that offense and the other law if the actor's conduct that
constitutes the offense also constitutes an offense under any other law.
C.S.H.B. 47 authorizes a voter
with a disability who is physically unable to deposit a ballot voted by mail
and the associated carrier envelope in the mail to select a 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 to assist the voter by
depositing a sealed carrier envelope in the mail. The bill renames the
offense of assisting voter as unlawfully assisting voter voting ballot by
mail, increases the penalty for the offense from a Class A misdemeanor, with
certain enhancements, to a state jail felony, and replaces an exception to the
application of the offense that is based on the person being registered to
vote at the same address as the applicant with an exception that is based on
the person physically living in the same dwelling as the voter at the time of
the event. The bill enhances the penalty for such an offense to the next
higher category of offense if it is shown on the trial of the offense that
the defendant was previously convicted of an Election Code offense, the
offense involved a voter 65 years of age or older, or the defendant committed
another such offense in the same election. The bill authorizes the
prosecution of an actor under such an offense, under any other law, or under
both that offense and the other law if the actor's conduct that constitutes
the offense also constitutes an offense under any other law.
C.S.H.B. 47 replaces the
authorization for a signature verification committee to compare the signature
on each carrier envelope certificate, except those signed for a voter by a
witness, and the signature on the voter's ballot application with the
signature on the voter's registration application to confirm that the
signatures are those of the same person with an authorization for the
committee to compare such signatures with any two or more signatures of the
voter made within the preceding six years and on file with the general
custodian of election records or voter registrar to make such confirmation.
The bill replaces the prohibition against the committee using the
registration application signature to determine that the signatures are not
those of the same person with an authorization for the committee to use the
signatures on file to make such determination. The bill authorizes the early
voting ballot board to compare a voter's signature on a ballot application or
carrier envelope certificate with two or more signatures of the voter made
within the preceding six years and on file with the general custodian of
election records, in addition to the board's existing authority to make such
a comparison with signatures on file with the voter registrar, to determine
if the signatures are those of the same person. The bill removes the
prohibition against the board using such signatures on file to determine that
the signatures are not those of the same person.
C.S.H.B. 47 authorizes a voter
residing in a residential care facility who has applied to vote early by mail
on the grounds of age or disability and who requested that the ballot be sent
to the address of the facility to vote as provided by provisions relating to
early voting at a residential facility at the discretion of the early voting
clerk if fewer than five applications for ballots to be voted by mail were
made by residents of the same facility who requested that the ballots be sent
to the facility. The bill requires the election judges selected to serve at a
residential care facility for the general election for state and county
officers to be selected in the manner provided for election officers for such
an election. The bill replaces the authorization for an election judge to
enter the private room of a voter who requests that balloting materials be
brought to the voter with an authorization for both election judges to
concurrently enter the private room of a voter contingent on the voter making
such a request. The bill specifies that Election Code provisions concerning
electioneering apply to a residential care facility during the hours that
voting is conducted at the facility. The bill authorizes a person who is not
a resident of the facility and who is conducting the election, who is an
employee or other person attending to the business of the residential care
facility, or who is related to a resident within the second degree by
affinity or the third degree by consanguinity to be present in the
residential care facility during the hours when voting is being conducted so
long as the person does not engage in attempting to electioneer or influence
a voter. The bill authorizes a relative related to a voter within the second
degree by affinity or the third degree by consanguinity to be chosen to
assist the relative in voting. The bill transfers the duty to designate one
or more times for voting to be conducted at the residential care facility
from the election judges to the early voting clerk. The bill changes the
earliest day voting may be conducted at a residential care facility from the
29th day before election day to the 38th day before election day. The bill
removes the requirement for the list of all residential care facilities
maintained by the early voting clerk to state for each facility in the
clerk's jurisdiction at which voting is conducted the names of the election
judges for the facility and removes the requirement for the names of the
election judges and the hours during which voting will be conducted to be
posted at least 48 hours before voting is conducted at the residential care
facility if the early voting clerk posts notice of the election at the
facility. The bill removes certain provisions relating to voting by
additional qualified voters at a residential care facility and authorizes a
qualified voter who resides and is registered to vote at a residential care
facility where voting is conducted, while voting is being conducted, to communicate
to an election judge that the person has not completed an application for a
ballot to be voted by mail but would like to vote by mail. The bill requires
the election judges to provide the person with a ballot by mail application. The
bill authorizes the voter to complete the application and return it to the election
judges and requires the election judges to deliver the application to the
early voting clerk the same day. The bill requires the early voting clerk, if
the application is received before the deadline to receive mail ballot
applications, to prepare and provide ballot materials for the voter and
requires the judges to return to the facility to provide the voter with the
ballot materials.
C.S.H.B. 47 authorizes an
election judge selected to serve at a residential care facility, if a voter cannot
comprehend the language in which the ballot or balloting materials are
printed, to contact the early voting clerk and request that a translator
translate the ballot or balloting materials over the phone and authorizes the
voter to use an interpreter who may translate the ballot or balloting
materials in the presence of the election judges. The bill removes an authorization
for any registered voter who did not cast a ballot at the residential care facility
to cast a ballot by mail or in person on election day and instead authorizes
any registered voter who was required to vote at the residential care
facility who did not cast a ballot at the facility and who did not make a
request to vote by mail to cast a vote in person on election day. The bill
authorizes the election judges selected to serve at a residential care
facility, if one or more voters who requested a ballot by mail are not
present during the scheduled time for early voting to be conducted at the
residential care facility, to request that the early voting clerk arrange a
suitable time for the judges to return to conduct voting. The bill removes
the requirement for an election judge to leave a ballot package for a voter
who requested a ballot to be voted by mail and was not present during the
scheduled time for early voting at the residential care facility and is
expected to return to the residential care facility before the deadline for
returning a ballot by mail. The bill removes the authorization for an
election judge to personally deliver a ballot package to a known temporary
address of a voter who requested a ballot to be voted by mail and is
temporarily located at another location, including by hospitalization. The
bill repeals provisions as effective September 1, 2017, relating to the
authorization for a voter voting at a residential care facility to submit a
statement meeting certain requirements as proof of identification for voting
purposes and provisions making statutory provisions relating to early voting
by personal appearance applicable to voting at a residential care facility.
C.S.H.B. 47 repeals the following provisions of the
Election Code, as effective September 1, 2017:
·
Section 107.003
·
Section 107.011
·
Section 107.014(e)
|
|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION 1. Section 66.058,
Election Code, is amended by amending Subsection (a) and adding Subsection
(i) to read as follows:
(a) Except as otherwise
provided by this code, the precinct election records shall be preserved by
the authority to whom they are distributed[:
[(1) in an election
involving a federal office,] for at least 22 months after election day
[in accordance with federal law; or
[(2) in an election not
involving a federal office, for at least six months after election day].
(i) Notwithstanding
Section 66.002, for purposes of this section, "precinct election
records" includes all ballot envelopes and carrier envelopes returned
by a voter voting under Chapter 86 or Chapter 107.
|
|
SECTION 1. Section
84.003(b), Election Code, is amended.
|
SECTION 2. Same as introduced
version.
|
|
SECTION 2. Section
84.004(e), Election Code, is amended.
|
SECTION 3. Substantially the
same as introduced version.
|
|
SECTION 3. Section 84.0041,
Election Code, is amended to read as follows:
Sec. 84.0041. FRAUDULENT
USE OF [PROVIDING FALSE INFORMATION ON] APPLICATION FOR
BALLOT BY MAIL. (a) A person commits an offense if the person:
(1) knowingly provides false
information on an application for [an early voting] ballot by
mail;
(2) intentionally causes
false information to be provided on an application for ballot by mail;
(3) knowingly submits an
application for ballot by mail without the knowledge and authorization of
the voter; or
(4) knowingly alters or
provides information on a voter's application for ballot by mail without
the voter's request.
(b) An offense under this section is a state jail felony [unless
the person is the applicant, 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, in which event the offense is a Class
A misdemeanor].
(c) An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election.
|
SECTION 4. Section 84.0041,
Election Code, is amended to read as follows:
Sec. 84.0041. FRAUDULENT
USE OF [PROVIDING FALSE INFORMATION ON] APPLICATION FOR
BALLOT BY MAIL. (a) A person commits an offense if the person:
(1) knowingly
provides false information on an application for [an early voting]
ballot by mail;
(2) intentionally causes
false information to be provided on an application for ballot by mail;
(3) knowingly submits an
application for ballot by mail without the knowledge and authorization of
the voter; or
(4) knowingly alters or
provides information on a voter's application for ballot by mail without
the voter's request.
(b) Except as provided by Subsection (c), an
[An] offense under this section is a state jail felony [unless
the person is the applicant, 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, in which event the offense is a Class
A misdemeanor].
(c) An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election.
|
|
SECTION 4. Section
84.007(c), Election Code, is amended to read as follows:
(c) An [Except as
provided by Section 86.0015(b), an] application may be submitted at any
time in the year of the election for which a ballot is requested, but not
later than the close of regular business in the early voting clerk's office
or 12 noon, whichever is later, on the 11th day before election day unless
that day is a Saturday, Sunday, or legal state or national holiday, in
which case the last day is the first preceding regular business day.
|
No
equivalent provision.
|
|
SECTION 5. 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
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 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 applying on the ground of confinement in jail 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) [a space for an
applicant applying on the ground of age or disability to indicate if the
application is an application under Section 86.0015;
[(G)] spaces for
entering the signature, printed name, and residence address of any person
assisting the applicant;
(G) [(H)] a
statement informing the applicant of the condition prescribed by Section
81.005; and
(H) [(I)] a
statement informing the applicant of the requirement prescribed by Section
86.003(c).
|
No
equivalent provision.
|
|
SECTION 6. Section 84.038,
Election Code, is amended to read as follows:
Sec. 84.038. CANCELLATION
EFFECTIVE FOR SINGLE ELECTION. The cancellation of an application for a
ballot to be voted by mail under Section 84.032(c), (d), or (e) is
effective for a single ballot only and does not cancel the application with
respect to a subsequent election, including a subsequent election to which
the same application applies under Section 84.001(e) [or 86.0015(b)].
|
No
equivalent provision.
|
|
SECTION 7. Section
86.004(a), Election Code, as effective September 1, 2017, is amended.
|
SECTION 5. Same as introduced
version.
|
|
No
equivalent provision.
|
SECTION 6. The heading to
Section 86.0051, Election Code, is amended to read as follows:
Sec. 86.0051. UNLAWFUL
MAIL BALLOT ACTIVITY [CARRIER ENVELOPE ACTION] BY PERSON OTHER
THAN VOTER[; OFFENSES].
|
|
SECTION 8. Section 86.0051,
Election Code, is amended to read as follows:
Sec. 86.0051. UNLAWFUL
MAIL BALLOT ACTIVITY [CARRIER ENVELOPE ACTION] BY PERSON OTHER
THAN VOTER[; OFFENSES]. (a) A
person commits an offense if the person acts as a witness for a voter in
signing the certificate on the carrier envelope and knowingly fails to
comply with Section 1.011.
(b) A person other than the
voter who deposits the carrier envelope in the mail or with a common or
contract carrier, or who obtains the carrier envelope for that purpose,
must provide the information required on the certificate [person's
signature, printed name, and residence address] on the reverse side of
the envelope.
(c)
A person commits an offense if the person knowingly violates Subsection
(b). 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 Class A [Class B] misdemeanor, unless the person
commits [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. An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant committed
another offense under this section in the same election.
(f) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both.
|
SECTION 7. Sections
86.0051(b), (d), and (e), Election Code, are amended to read as follows:
(b) A person other than the
voter who deposits the carrier envelope in the mail or with a common or
contract carrier, or who obtains the carrier envelope for that purpose,
must provide the information required to
be provided on the certificate [person's signature, printed
name, and residence address] on the reverse side of the envelope.
(d) An offense under this
section is a Class A [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. An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election.
(e) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both [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].
|
|
SECTION 9. Sections
86.006(f), (g), and (g-1), Election Code, are 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) physically living in
[registered to vote at] the same dwelling [address] as
the voter;
(3) an early voting clerk or
a deputy early voting clerk;
(4) a person who possesses a
ballot or [the] carrier envelope solely for the purpose of
lawfully assisting a voter who was eligible for assistance under Section
86.010, and:
(A) complied fully with
Section 86.010; and
(B) complied fully with
Section 86.0051, if assistance was provided only 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.
(g) An offense under
Subsection (f) is a Class A misdemeanor unless person possessed the ballot or carrier envelope without
the request of the voter, in which case, it is a felony of the third
degree. If conduct that constitutes an offense under this section also
constitutes an offense under any other law, the actor may be prosecuted
under this section, the other law, or both. [:
(1) a Class B misdemeanor
if the person possesses at least one but fewer than 10 ballots or carrier
envelopes unless the person possesses the ballots or carrier envelopes
without the consent of the voters, in which event the offense is a state
jail felony;
(2) a Class A misdemeanor
if the person possesses at least 10 but fewer than 20 ballots or carrier
envelopes unless the person possesses the ballots or carrier envelopes
without the consent of the voters, in which event the offense is a felony
of the third degree; or
(3) a state jail felony
if the person possesses 20 or more ballots or carrier envelopes unless the
person possesses the ballots or carrier envelopes without the consent of
the voters, in which event the offense is a felony of the second degree.
(g-1) An offense under
this Subsection (g) is increased to the next higher category of offense if
it is shown on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
an individual 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election. [When
ballots or carrier envelopes are obtained in violation of this section
pursuant to one scheme or continuing course of conduct, whether from the
same or several sources, the conduct may be considered as one offense and
the number of ballots or carrier envelopes aggregated in determining the
grade of the offense.]
|
SECTION 8. Sections
86.006(f), (g), and (g-1), Election Code, are 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) physically living in
[registered to vote at] the same dwelling [address] as
the voter;
(3) an early voting clerk or
a deputy early voting clerk;
(4) a person who possesses a
ballot or [the] carrier envelope solely for the purpose of
lawfully assisting a voter who was eligible for assistance under Section
86.010 and complied fully with:
(A) Section 86.010; and
(B) Section 86.0051, if assistance
was provided only 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.
(g) An offense under
Subsection (f) is a Class A misdemeanor unless the defendant possessed the ballot or carrier envelope
without the request of the voter, in which case it is a felony of the third
degree. If conduct that constitutes an offense under this section also
constitutes an offense under any other law, the actor may be prosecuted
under this section, the other law, or both [:
[(1) a Class B
misdemeanor if the person possesses at least one but fewer than 10 ballots
or carrier envelopes unless the person possesses the ballots or carrier
envelopes without the consent of the voters, in which event the offense is
a state jail felony;
[(2) a Class A
misdemeanor if the person possesses at least 10 but fewer than 20 ballots
or carrier envelopes unless the person possesses the ballots or carrier
envelopes without the consent of the voters, in which event the offense is
a felony of the third degree; or
[(3) a state jail felony
if the person possesses 20 or more ballots or carrier envelopes unless the
person possesses the ballots or carrier envelopes without the consent of
the voters, in which event the offense is a felony of the second degree].
(g-1) An offense under
Subsection (g) is increased to the next higher category of offense if it is
shown on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
an individual 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election [When
ballots or carrier envelopes are obtained in violation of this section
pursuant to one scheme or continuing course of conduct, whether from the
same or several sources, the conduct may be considered as one offense and
the number of ballots or carrier envelopes aggregated in determining the
grade of the offense].
|
|
No
equivalent provision.
|
SECTION 9. The heading to
Section 86.010, Election Code, is amended to read as follows:
Sec. 86.010. UNLAWFULLY
ASSISTING VOTER VOTING BALLOT BY MAIL.
|
|
SECTION 10. Section 86.010,
Election Code, is amended to read as follows:
Sec. 86.010. UNLAWFULLY
ASSISTING VOTER WITH BALLOT BY MAIL. (a)
A voter casting a ballot by mail who would be eligible under Section 64.031
to receive assistance at a polling place may select a person as provided by
Section 64.032(c) to assist the voter in preparing the ballot.
(b) Assistance rendered
under this section is limited to that authorized by this code at a polling
place, except that a voter with a disability who is physically unable to
deposit the ballot and carrier envelope in the mail may also select a
person as provided by Section 64.032(c) to assist by depositing a sealed
carrier envelope in the mail.
(c)
The person assisting the voter must sign a written oath prescribed by
Section 64.034 that is part of the certificate on the official carrier
envelope.
(d) If a voter is assisted
in violation of this section [Subsection (a) or (b)], the
voter's ballot may not be counted.
(e)
A person who assists a voter to prepare a ballot to be voted by mail shall
enter the person's signature, printed name, and residence address on the
official carrier envelope of the voter.
(f)
A person who assists a voter commits an offense if the person
knowingly fails to provide the information on the official carrier envelope
[as] required by Subsection (e).
(g) An offense under this
section is a [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.
(h) Subsection (f) does not
apply if the person is related to the voter [applicant]
within the second degree by affinity or the third degree by consanguinity,
as determined under Subchapter B, Chapter 573, Government Code, or is physically living in [registered
to vote at] the same dwelling [address] as the voter
[applicant].
(i) An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that
(1) the defendant was
previously convicted of an offense under this Code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election.
(j) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both.
|
SECTION 10. Section 86.010,
Election Code, is amended by amending Subsections (b), (d), (g), and (h)
and adding Subsections (i) and (j) to read as follows:
(b) Assistance rendered
under this section is limited to that authorized by this code at a polling
place, except that a voter with a disability who is physically unable to
deposit the ballot and carrier envelope in the mail may also select a
person as provided by Section 64.032(c) to assist the voter by depositing a sealed carrier envelope in the
mail.
(d) If a voter is assisted
in violation of this section [Subsection (a) or (b)], the
voter's ballot may not be counted.
(g) An offense under this
section is a [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.
(h) Subsection (f) does not
apply if the person is related to the voter [applicant]
within the second degree by affinity or the third degree by consanguinity,
as determined under Subchapter B, Chapter 573, Government Code, or was physically living in [is
registered to vote at] the same dwelling [address] as the
voter at the time of the event
[applicant].
(i) An offense under this
section is increased to the next higher category of offense if it is shown
on the trial of an offense under this section that:
(1) the defendant was
previously convicted of an offense under this code;
(2) the offense involved
a voter 65 years of age or older; or
(3) the defendant
committed another offense under this section in the same election.
(j) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both.
|
|
SECTION 11. Section
87.027(i), Election Code, is amended.
|
SECTION 11. Same as
introduced version.
|
|
SECTION 12. Section
87.041(e), Election Code, is amended.
|
SECTION 12. Same as
introduced version.
|
|
SECTION 13. Section 107.004,
Election Code, as effective September 1, 2017, is amended by adding
subsection (a-1) as follows:
(a-1) If a facility on
the list provided by the secretary of state has more than one and fewer
than five requests for a ballot by mail, the early voting clerk may provide
the balloting materials by the methods described in this chapter, or by
mail not later than the 15th day before Election Day.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 13. The heading to
Section 107.004, Election Code, as effective September 1, 2017, is amended
to read as follows:
Sec. 107.004. EARLY VOTING
AT RESIDENTIAL CARE FACILITY [REQUIRED].
|
|
No
equivalent provision.
|
SECTION 14. Section
107.004(a), Election Code, as effective September 1, 2017, is amended to
read as follows:
(a) A voter residing in a
residential care facility who has applied to vote early by mail on the
grounds of age or disability and who requested that the ballot be sent to
the address of the facility:
(1)[,] must
vote as provided by this chapter if five or more applications for ballots
to be voted by mail were made by residents of the same facility who
requested that the ballots be sent to the facility; and
(2) may vote as provided
by this chapter, at the discretion of the early voting clerk, if fewer than
five applications for ballots to be voted by mail were made by residents of
the same facility who requested that the ballots be sent to the facility.
|
|
SECTION 14. Section 107.005
(a), Election Code, as effective September 1, 2017, is amended to read as
follows:
Sec. 107.005. ELECTION
JUDGES; QUALIFICATIONS; OATH. (a) Additional election judges shall be
selected to serve at a residential care facility in the same manner as
election judges are selected to
serve at a polling place for early voting by personal appearance under Chapter 8532. The county
chair of each political party holding a primary in the county shall
indicate on the list of names of persons whether a person is willing to
serve as an election judge under this chapter. The election judges assigned to serve at a residential care
facility must include one member from each party's list if the county chair
has submitted a list.
|
SECTION 15. Section
107.005(a), Election Code, as effective September 1, 2017, is amended to
read as follows:
(a) Additional election
judges shall be selected to serve at a residential care facility in the
same manner as election officers [judges] are selected to serve
at a polling place for early voting by personal appearance [under Chapter 32]. For the general election for state and
county officers, the election judges shall be selected in the manner
provided for election officers under Section 85.009. The county
chair of a political party shall indicate on the list of names of persons
whether a person is willing to serve as an election judge under this
chapter.
|
|
SECTION 15. Section 107.006,
Election Code, as effective September 1, 2017, is amended By amending
Subsection (c) and adding Subsection (d) to read as follows:
(c) An election judge
Both election judges may enter the private room of a voter who requests that balloting materials
be brought to the voter.
(d) During the hours that
voting is being conducted at a residential care facility, sections applicable to electioneering or
political activity at a polling place apply, including but not limited to
Sections 61.001, 61.003, 61.006, 61.008, 61.010, 85.036, 85.037, 86.0051
and 86.010. A person may be present in the residential care facility
during the hours when voting is being conducted if the person is an
employee or other person attending to the business of the residential care
facility, or is related to a resident within the second degree by affinity
or the third degree by consanguinity, as determined under Subchapter B,
Chapter 573, Government Code, so long as the person does not engage in
electioneering or influencing a voter. A relative related to a voter
within the second degree by affinity or the third degree by consanguinity,
as determined under Subchapter B, Chapter 573, Government Code may assist
their relative in voting if the voter qualifies for assistance.
|
SECTION 16. Section 107.006,
Election Code, as effective September 1, 2017, is amended by amending
Subsection (c) and adding Subsections (d), (e), and (f) to read as follows:
(c) If [An election judge may enter the private room of] a voter [who]
requests that balloting materials be brought to the voter, both election judges may concurrently enter
the private room of the voter.
(d) During the hours
voting is conducted at a residential care facility, all laws under this code concerning electioneering apply to the
facility.
(e) A person who is not a resident of the residential care
facility may not be present at the facility during the hours voting is being
conducted at the facility, unless the person is:
(1) conducting the election under this chapter;
(2) an employee of the facility or otherwise attending to the
business of the facility; or
(3) related to a resident of the facility within the second
degree by affinity or the third degree by consanguinity, as determined
under Subchapter B, Chapter 573, Government Code, and is not attempting to
electioneer or influence a voter.
(f) A person described by Subsection (e)(3) may be chosen to
assist a voter in accordance with Section 64.032(c).
|
|
SECTION 16. Section 107.007
(b) and (f), Election Code, as effective September 1, 2017, is amended to
read as follows:
(b) Not later than 5 p.m. on
the sixth business day before election day, the election judgesearly
voting clerk shall, with the input of the administrator of the
residential care facility, designate one or more times for voting to be
conducted. Voting may be conducted not earlier than the 38th day before election day and not
later than the fourth day preceding election day.
(f) At any time during the
year and regardless of whether five or more voters at a residential care
facility have requested ballots to be voted by mail, the early voting clerk
may post notice of the dates on which voting will be conducted at the
facility under this chapter for each election. If the early voting
clerk posts notice under this subsection, the names of the election judges
and the hours during which voting will be conducted must be posted at least
48 hours before voting is conducted at the facility, notwithstanding
Subsection (c).
|
SECTION 17. Sections
107.007(b), (d), and (f), Election Code, as effective September 1, 2017,
are amended to read as follows:
(b) Not later than 5 p.m. on
the sixth business day before election day, the early voting clerk [election
judges] shall, with the input of the administrator of the residential
care facility, designate one or more times for voting to be conducted.
Voting may be conducted not earlier than the 38th [29th]
day before election day and not later than the fourth day preceding
election day.
(d)
The early voting clerk shall maintain a public list of all residential care
facilities in the clerk's jurisdiction at which voting is conducted under
this chapter. The list must be available on the website of the authority
conducting the election or posted at the location where public notices are
posted in the county courthouse or authority public building, as applicable,
and for each facility state:
(1)
the name of the facility;
(2)
the address of the facility; and
(3)
the dates and times for voting at the facility[; and
[(4)
the names of the election judges for the facility].
(f) At any time during the
year and regardless of whether five or more voters at a residential care
facility have requested ballots to be voted by mail, the early voting clerk
may post notice of the dates on which voting will be conducted at the
facility under this chapter for each election. [If the early voting
clerk posts notice under this subsection, the names of the election judges
and the hours during which voting will be conducted must be posted at least
48 hours before voting is conducted at the facility, notwithstanding
Subsection (c).]
|
|
SECTION 17. Section 107.009,
Election Code, as effective September 1, 2017, is amended to read as
follows:
Sec. 107.009. VOTING BY ADDITIONAL QUALIFIED VOTERS. If during
the voting at the residential care facility, a voter who has not applied
for a mail ballot expresses the desire to vote by mail, the judges
shall provide the voter with a
ballot by mail application. The judges
shall deliver the application to the early voting clerk the same day. If
the application is received on or
before the deadline to receive mail ballot applications, the early voting
clerk shall prepare and provide ballot materials for any eligible voter to the judges to return to the facility and
provide the ballot materials to the voter to
vote.
(a) The early voting clerk
shall produce a list of all additional qualified voters who reside and are
registered to vote at a residential care facility where voting is conducted
under this chapter.
(b) The clerk shall
supply the election judges for the residential care facility with
sufficient additional ballots and voting materials to allow any additional
qualified voter who resides at the facility to vote under this chapter.
During the voting period, any registered voter who resides at the facility
may complete an application to request a mail ballot as if they were voting
by mail. An election judge for the facility shall serve as a witness for
any person who is unable to sign their name and may witness multiple
applications.
(c) An election judge for
the residential care facility must accept a properly completed application
for a ballot made under this section, and shall provide a ballot to the
voter. The election judge shall make a notation on an application that it
was made under this section.
(d) A voter who applies
for a ballot under this section shall vote in the manner provided by
Section 107.008, except that the voter's ballot must be stored with the
voter's application, and the voter's ballot may not be counted if the voter
was not a qualified voter for the election as demonstrated from the
information contained in the voter's application.
(e) An election judge at
the residential care facility may assist and witness a ballot received by a
voter who resides at the facility and is not registered to vote at the
facility while the election judge is present at the facility.
(f) The secretary of
state may prescribe an application for a voter to request a ballot under
Subsection (b).
|
SECTION 18. Section 107.009,
Election Code, as effective September 1, 2017, is amended to read as
follows:
Sec.
107.009. VOTING BY ADDITIONAL QUALIFIED VOTERS. A qualified voter who
resides and is registered to vote at a residential care facility where
voting is conducted under this chapter may, while voting is being
conducted, communicate to an election judge that the person has not
completed an application for a ballot to be voted by mail but would like to
vote by mail. The election judges shall provide the person with a ballot by mail
application. The voter may complete the
application and return it to the election judges, who shall deliver
the application to the early voting clerk on the same day. If the
application is received before the deadline to receive mail ballot
applications, the early voting clerk shall prepare and provide ballot
materials for the voter, and the judges shall return to the facility to provide the voter with
the ballot materials.
[(a) The early voting
clerk shall produce a list of all additional qualified voters who reside
and are registered to vote at a residential care facility where voting is
conducted under this chapter.
[(b) The clerk shall
supply the election judges for the residential care facility with
sufficient additional ballots and voting materials to allow any additional
qualified voter who resides at the facility to vote under this chapter.
During the voting period, any registered voter who resides at the facility
may complete an application to request a mail ballot as if they were voting
by mail. An election judge for the facility shall serve as a witness for
any person who is unable to sign their name and may witness multiple
applications.
[(c) An election judge
for the residential care facility must accept a properly completed
application for a ballot made under this section, and shall provide a
ballot to the voter. The election judge shall make a notation on an
application that it was made under this section.
[(d) A voter who applies
for a ballot under this section shall vote in the manner provided by
Section 107.008, except that the voter's ballot must be stored with the
voter's application, and the voter's ballot may not be counted if the voter
was not a qualified voter for the election as demonstrated from the
information contained in the voter's application.
[(e) An election judge at
the residential care facility may assist and witness a ballot received by a
voter who resides at the facility and is not registered to vote at the
facility while the election judge is present at the facility.
[(f) The secretary of
state may prescribe an application for a voter to request a ballot under
Subsection (b).]
|
|
SECTION 18. Section
107.012(b), Election Code, as effective September 1, 2017, is amended to
read as follows:
(b) A voter may receive
assistance in the same manner as provided by Subchapter B, Chapter 64. If
the voter requires assistance in one of
the required languages of the county, the election judge may contact
the early voting clerk and request that a translator translate the ballot and/or balloting materials over the
phone or the voter may provide their own
translator to translate in the presence of the election judges.
|
SECTION 19. Section
107.012(b), Election Code, as effective September 1, 2017, is amended to
read as follows:
(b) A voter may receive
assistance in the same manner as provided by Subchapter B, Chapter 64. If
the voter cannot comprehend the language
in which the ballot or balloting materials are printed:
(1) an election judge may
contact the early voting clerk to request that a translator translate the
ballot or balloting materials over the phone; or
(2) the voter may use an interpreter in accordance with Section
61.032, who may translate the
ballot or balloting materials in the presence of the election
judges.
|
|
SECTION 19. Section
107.014(b), (c) and (d), Election Code, as effective September 1, 2017, are
amended to ready as follows:
(b) Any registered voter who
did not cast a ballot at the residential
care facility may cast a ballot by:
(1)voting in person on
election day; or
(2) voting by mail.
(c) If one or more voters
who requested a ballot by mail are not present during the scheduled time
for early voting at the
residential care facility, both
election judges may arrange a suitable time to return to conduct voting, in
accordance with Section 107.007(b).An election judge shall leave a
ballot package for a voter who:
(1) requested a ballot to
be voted by mail and was not present during the scheduled time for early
voting at the residential care facility; and
(2) is expected to return
to the residential care facility before the deadline for returning a ballot
by mail.
(d) If a voter who requested
a ballot to be voted by mail under this chapter is temporarily located at
another location, including by hospitalization:
(1)the early voting
clerk may mail the ballot to the voter's temporary address, if known; or
(2) the election judge may personally deliver the ballot
package to the voter's temporary address, if known.
|
SECTION 20. Sections
107.014(b), (c), and (d), Election Code, as effective September 1, 2017,
are amended to read as follows:
(b) Any registered voter who
was required to vote at the
residential care facility under Section 107.004(a)(1) who did
not cast a ballot at the [residential
care] facility and who did
not make a request under Section 107.009 may cast a ballot by[:
[(1)] voting in
person on election day[; or
[(2)
voting by mail].
(c) If one or more voters
who requested a ballot by mail are not present during the scheduled time
for voting to be conducted at the
residential care facility, the election judges may request that the early voting clerk, in accordance with
Section 107.007(b), arrange a suitable time for
the judges to return to conduct voting [An election judge
shall leave a ballot package for a voter who:
[(1) requested a ballot
to be voted by mail and was not present during the scheduled time for early
voting at the residential care facility; and
[(2) is expected to
return to the residential care facility before the deadline for returning a
ballot by mail].
(d) If a voter who requested
a ballot to be voted by mail under this chapter is temporarily located at
another location, including by hospitalization,[:
[(1)] the early
voting clerk may mail the ballot to the voter's temporary address, if known[; or
[(2)
the election judge may personally deliver the ballot package to the voter's
temporary address, if known].
|
|
SECTION 20. Sections 86.0015, 107.011, and 107.014(e)(as
effective September 1, 2017), Election Code, are repealed.
|
SECTION 21. Sections 107.003, 107.011, and 107.014(e),
Election Code, as effective September 1, 2017, are repealed.
|
|
SECTION 21. (a) The changes
in law made by this Act in amending
Sections 84.003, 84004(e), 84.0041, 86.0051, 86.006, 86.010, and 107.006(d)
)(as effective September 1, 2017), 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 when 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.
(b)
The changes in law made by this Act in amending Sections 84.007, 84.011,
and 84.038, Election Code, and repealing Section 86.0015, Election Code,
apply only to an application for a ballot to be voted by mail received on
or after January 1, 2018.
|
SECTION 22. The changes in
law made by this Act 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 when 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 22. This Act takes
effect December 1, 2017.
|
SECTION 23. This Act takes
effect January 1, 2018.
|
|