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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of fraud in the conduct of an election; |
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creating a criminal offense; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64.012(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person: |
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(1) votes or attempts to vote in an election in which |
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the person knows the person is not eligible to vote; |
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(2) knowingly votes or attempts to vote more than once |
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in an election; |
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(3) knowingly [impersonates another person and] votes |
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or attempts to vote a ballot belonging to another person, or by |
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impersonating another [as the impersonated] person; or |
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(4) knowingly marks or attempts to mark any portion of |
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another person's ballot without the consent of that person, or |
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without specific direction from that person how to mark the ballot. |
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SECTION 2. Section 66.058(a), Election Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this code, the precinct |
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election records shall be preserved by the authority to whom they |
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are distributed[:
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[(1) in an election involving a federal office,] for |
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at least 22 months after election day, in accordance with federal |
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law in an election involving a federal office[; or
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[(2)
in an election not involving a federal office,
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for at least six months after election day]. |
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SECTION 3. Section 84.0041, Election Code, is amended to |
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read as follows: |
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Sec. 84.0041. FRAUDULENT USE OF [PROVIDING FALSE
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INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person |
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commits an offense if the person: |
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(1) knowingly provides false information on an |
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application for [an early voting] ballot by mail; |
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(2) intentionally causes false information to be |
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provided on an application for ballot by mail; |
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(3) knowingly submits an application for ballot by |
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mail without the knowledge and authorization of the voter; or |
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(4) knowingly and without the voter's authorization |
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alters information provided by the voter on the voter's application |
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for ballot by mail. |
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(b) An offense under this section is a state jail felony |
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[unless the person is the applicant, is related to the applicant
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within the second degree by affinity or the third degree by
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consanguinity, as determined under Subchapter B, Chapter 573,
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Government Code, or is registered to vote at the same address as the
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applicant, in which event the offense is a Class A misdemeanor]. |
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(c) An offense under Subsection (a)(4) does not apply to an |
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early voting clerk or deputy early voting clerk who receives and |
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marks an application for administrative purposes only. |
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(d) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of an offense |
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under this section that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) the offense involved a voter 65 years of age or |
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older; or |
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(3) the defendant committed another offense under this |
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section in the same election. |
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SECTION 4. The heading to Section 86.0051, Election Code, |
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is amended to read as follows: |
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Sec. 86.0051. UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON |
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OTHER THAN VOTER[; OFFENSES]. |
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SECTION 5. Section 86.0051, Election Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (f) to |
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read as follows: |
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(b) A person other than the voter who assists a voter by |
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depositing [deposits] the carrier envelope in the mail or with a |
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common or contract carrier or who obtains the carrier envelope for |
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that purpose must provide the person's signature, printed name, and |
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residence address on the reverse side of the envelope. |
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(d) An offense under this section is a Class A [B] |
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misdemeanor, unless it is shown on the trial of an offense under |
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this section that the person committed [is convicted of] an offense |
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under Section 64.036 for providing unlawful assistance to the same |
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voter in connection with the same ballot, in which event the offense |
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is a state jail felony. |
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(e) This section does [Subsections (a) and (c) do] not |
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apply if the person is related to the voter [applicant] within the |
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second degree by affinity or the third degree by consanguinity, as |
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determined under Subchapter B, Chapter 573, Government Code, or was |
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physically living in [is registered to vote at] the same dwelling |
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[address] as the voter at the time of the event [applicant]. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 6. Sections 86.006(f), (g), and (g-1), Election |
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Code, are amended to read as follows: |
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(f) A person commits an offense if the person knowingly |
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possesses an official ballot or official carrier envelope provided |
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under this code to another. Unless the person possessed the ballot |
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or carrier envelope with intent to defraud the voter or the election |
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authority, this subsection does not apply to a person who, on the |
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date of the offense, was: |
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(1) related to the voter within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Subchapter B, Chapter 573, Government Code; |
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(2) physically living in [registered to vote at] the |
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same dwelling [address] as the voter; |
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(3) an early voting clerk or a deputy early voting |
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clerk; |
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(4) a person who possesses a ballot or [the] carrier |
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envelope solely for the purpose of lawfully assisting a voter who |
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was eligible for assistance under Section 86.010 and complied fully |
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with: |
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(A) Section 86.010; and |
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(B) Section 86.0051, if assistance was provided |
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in order to deposit the envelope in the mail or with a common or |
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contract carrier [and who provides the information required by
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Section 86.0051(b) in accordance with that section]; |
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(5) an employee of the United States Postal Service |
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working in the normal course of the employee's authorized duties; |
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or |
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(6) a common or contract carrier working in the normal |
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course of the carrier's authorized duties if the official ballot is |
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sealed in an official carrier envelope that is accompanied by an |
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individual delivery receipt for that particular carrier envelope. |
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(g) An offense under Subsection (f) is a Class A misdemeanor |
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unless the defendant possessed the ballot or carrier envelope |
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without the request of the voter, in which case it is a felony of the |
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third degree. If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both [:
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[(1)
a Class B misdemeanor if the person possesses at
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least one but fewer than 10 ballots or carrier envelopes unless the
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person possesses the ballots or carrier envelopes without the
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consent of the voters, in which event the offense is a state jail
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felony;
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[(2)
a Class A misdemeanor if the person possesses at
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least 10 but fewer than 20 ballots or carrier envelopes unless the
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person possesses the ballots or carrier envelopes without the
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consent of the voters, in which event the offense is a felony of the
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third degree; or
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[(3)
a state jail felony if the person possesses 20 or
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more ballots or carrier envelopes unless the person possesses the
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ballots or carrier envelopes without the consent of the voters, in
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which event the offense is a felony of the second degree]. |
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(g-1) An offense under Subsection (g) is increased to the |
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next higher category of offense if it is shown on the trial of an |
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offense under this section that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) the offense involved an individual 65 years of age |
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or older; or |
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(3) the defendant committed another offense under this |
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section in the same election [When ballots or carrier envelopes are
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obtained in violation of this section pursuant to one scheme or
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continuing course of conduct, whether from the same or several
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sources, the conduct may be considered as one offense and the number
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of ballots or carrier envelopes aggregated in determining the grade
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of the offense]. |
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SECTION 7. Section 86.010, Election Code, is amended to |
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read as follows: |
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Sec. 86.010. UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY |
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MAIL. (a) A voter casting a ballot by mail who would be eligible |
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under Section 64.031 to receive assistance at a polling place may |
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select a person as provided by Section 64.032(c) to assist the voter |
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in preparing the ballot. |
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(b) Assistance rendered under this section is limited to |
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that authorized by this code at a polling place, except that a voter |
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with a disability who is physically unable to deposit the ballot and |
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carrier envelope in the mail may also select a person as provided by |
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Section 64.032(c) to assist the voter by depositing a sealed |
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carrier envelope in the mail. |
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(c) The person assisting the voter must sign a written oath |
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prescribed by Section 64.034 that is part of the certificate on the |
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official carrier envelope. |
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(d) If a voter is assisted in violation of this section |
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[Subsection (a) or (b)], the voter's ballot may not be counted. |
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(e) A person who assists a voter to prepare a ballot to be |
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voted by mail shall enter the person's signature, printed name, and |
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residence address on the official carrier envelope of the voter. |
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(f) A person who assists a voter commits an offense if the |
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person knowingly fails to comply with Subsections (c) and [provide
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the information on the official carrier envelope as required by
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Subsection] (e). |
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(g) An offense under this section is a [Class A misdemeanor
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unless the person is convicted of an offense under Section 64.036
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for providing unlawful assistance to the same voter, in which event
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the offense is a] state jail felony. |
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(h) Subsection (f) does not apply if the person is related |
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to the voter [applicant] within the second degree by affinity or the |
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third degree by consanguinity, as determined under Subchapter B, |
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Chapter 573, Government Code, or was physically living in [is
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registered to vote at] the same dwelling [address] as the voter at |
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the time of the event [applicant]. |
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(i) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of an offense |
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under this section that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) the offense involved a voter 65 years of age or |
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older; or |
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(3) the defendant committed another offense under this |
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section in the same election. |
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(j) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 8. Section 87.027(i), Election Code, is amended to |
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read as follows: |
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(i) The signature verification committee shall compare the |
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signature on each carrier envelope certificate, except those signed |
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for a voter by a witness, with the signature on the voter's ballot |
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application to determine whether the signatures are those of the |
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same person. The committee may also compare the signatures with |
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any two or more signatures of the voter made within the preceding |
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six years and on file with the county clerk or voter registrar [the
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signature on the voter's registration application to confirm that
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the signatures are those of the same person but may not use the
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registration application signature] to determine whether [that] |
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the signatures are [not] those of the same person. Except as |
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provided by Subsection (l), a determination under this subsection |
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that the signatures are not those of the same person must be made by |
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a majority vote of the committee's membership. The committee shall |
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place the jacket envelopes, carrier envelopes, and applications of |
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voters whose signatures are not those of the same person in separate |
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containers from those of voters whose signatures are those of the |
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same person. The committee chair shall deliver the sorted |
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materials to the early voting ballot board at the time specified by |
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the board's presiding judge. |
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SECTION 9. Section 87.041(e), Election Code, is amended to |
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read as follows: |
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(e) In making the determination under Subsection (b)(2), |
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the board may also compare the signatures with any two or more |
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signatures of the voter made within the preceding six years and on |
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file with the county clerk or voter registrar to determine whether |
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[confirm that] the signatures are those of the same person [but may
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not use the signatures to determine that the signatures are not
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those of the same person]. |
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SECTION 10. Section 87.0431, Election Code, is amended to |
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read as follows: |
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Sec. 87.0431. NOTICE OF REJECTED BALLOT. (a) Not later |
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than the 10th day after election day, the presiding judge of the |
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early voting ballot board shall deliver written notice of the |
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reason for the rejection of a ballot to the voter at the residence |
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address on the ballot application. If the ballot was transmitted |
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to the voter by e-mail under Subchapter C, Chapter 101, the |
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presiding judge shall also provide the notice to the e-mail address |
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to which the ballot was sent. |
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(b) The presiding judge shall, not later than the 10th day |
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after election day, deliver written notice to the attorney general, |
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including certified copies of the carrier envelope and |
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corresponding ballot application, of any ballot rejected because: |
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(1) the voter was deceased; |
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(2) the voter already voted in person in the same |
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election; |
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(3) the signatures on the carrier envelope and ballot |
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application were not executed by the same person; |
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(4) the carrier envelope certificate lacked a witness |
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signature; or |
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(5) the carrier envelope certificate was improperly |
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executed by an assistant. |
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SECTION 11. Chapter 276, Election Code, is amended by |
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adding Section 276.013 to read as follows: |
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Sec. 276.013. ELECTION FRAUD. (a) A person commits an |
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offense if the person knowingly or intentionally makes any effort |
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to: |
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(1) influence the independent exercise of the vote of |
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another in the presence of the ballot or during the voting process; |
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(2) cause a voter registration application, ballot, or |
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vote to be obtained or cast under false pretenses; or |
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(3) cause any intentionally misleading statement, |
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representation, or information to be provided: |
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(A) to an election official; or |
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(B) on an application for ballot by mail, carrier |
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envelope, or other official election-related form or document. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) the offense involved a voter 65 years of age or |
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older; or |
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(3) the defendant committed another offense under this |
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section in the same election. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 12. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 13. This Act takes effect December 1, 2017. |