86R15596 ADM-F
 
  By: Hughes S.B. No. 9
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to election integrity; increasing criminal penalties;
  creating a criminal offense; creating civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CRIMINAL PROVISIONS
         SECTION 1.01.  Article 12.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 12.01.  FELONIES. Except as provided in Article 12.03,
  felony indictments may be presented within these limits, and not
  afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if:
                           (i)  during the investigation of the offense
  biological matter is collected and subjected to forensic DNA
  testing and the testing results show that the matter does not match
  the victim or any other person whose identity is readily
  ascertained; or
                           (ii)  probable cause exists to believe that
  the defendant has committed the same or a similar sexual offense
  against five or more victims;
                     (D)  continuous sexual abuse of young child or
  children under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (F)  an offense involving leaving the scene of an
  accident under Section 550.021, Transportation Code, if the
  accident resulted in the death of a person;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code;
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code; or
                     (I)  compelling prostitution under Section
  43.05(a)(2), Penal Code;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which he exercises control in his official capacity;
                     (C)  forgery or the uttering, using or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1);
                     (F)  arson;
                     (G)  trafficking of persons under Section
  20A.02(a)(1), (2), (3), or (4), Penal Code; or
                     (H)  compelling prostitution under Section
  43.05(a)(1), Penal Code;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  misapplication of fiduciary property or
  property of a financial institution;
                     (B)  securing execution of document by deception;
                     (C)  a felony violation under Chapter 162, Tax
  Code;
                     (D)  false statement to obtain property or credit
  under Section 32.32, Penal Code;
                     (E)  money laundering;
                     (F)  credit card or debit card abuse under Section
  32.31, Penal Code;
                     (G)  fraudulent use or possession of identifying
  information under Section 32.51, Penal Code;
                     (H)  exploitation of a child, elderly individual,
  or disabled individual under Section 32.53, Penal Code;
                     (I)  Medicaid fraud under Section 35A.02, Penal
  Code; or
                     (J)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (6);
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping or burglary;
                     (C)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (D)  abandoning or endangering a child; [or]
                     (E)  insurance fraud; or
                     (F)  a felony offense under the Election Code;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  sexual performance by a child under Section
  43.25, Penal Code;
                     (B)  aggravated kidnapping under Section
  20.04(a)(4), Penal Code, if the defendant committed the offense
  with the intent to violate or abuse the victim sexually; or
                     (C)  burglary under Section 30.02, Penal Code, if
  the offense is punishable under Subsection (d) of that section and
  the defendant committed the offense with the intent to commit an
  offense described by Subdivision (1)(B) or (D) of this article or
  Paragraph (B) of this subdivision;
               (6)  ten years from the 18th birthday of the victim of
  the offense:
                     (A)  trafficking of persons under Section
  20A.02(a)(5) or (6), Penal Code;
                     (B)  injury to a child under Section 22.04, Penal
  Code; or
                     (C)  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed; or
               (7)  three years from the date of the commission of the
  offense:  all other felonies.
         SECTION 1.02.  Section 1.018, Election Code, is amended to
  read as follows:
         Sec. 1.018.  APPLICABILITY OF PENAL CODE. Titles 1 through 4
  [In addition to Section 1.03, Penal Code, and to other titles of the
  Penal Code that may apply to this code, Title 4], Penal Code, apply
  [applies] to offenses prescribed by this code.
         SECTION 1.03.  Sections 13.007(b) and (c), Election Code,
  are amended to read as follows:
         (b)  An offense under this section is a state jail felony
  [Class B misdemeanor].
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under other law, the actor may
  be prosecuted under this section, the other law, or both. [For
  purposes of this code, an offense under this section is considered
  to be perjury, but may be prosecuted only under this section.]
         SECTION 1.04.  Subchapter A, Chapter 61, Election Code, is
  amended by adding Section 61.0045 to read as follows:
         Sec. 61.0045.  IMPEDING ACCESS TO POLLING PLACE. (a)  A
  person commits an offense if the person impedes a walkway,
  sidewalk, parking lot, or roadway within 1,000 feet of a polling
  place in a manner that hinders a person from entering the polling
  place.
         (b)  An offense under this section is a Class B misdemeanor.
         SECTION 1.05.  Section 64.012, Election Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  It is sufficient for the purposes of Subsection (a)(1)
  to establish that the person had knowledge of the person's
  ineligibility to vote if the person was aware of the facts or
  circumstances causing the person's ineligibility under this code.
         (d)  It is not a defense to prosecution that the ballot was
  not finally counted.
         SECTION 1.06.  Section 64.036(d), Election Code, is amended
  to read as follows:
         (d)  An offense under this section is a state jail felony
  [Class A misdemeanor].
         SECTION 1.07.  Subchapter A, Chapter 273, Election Code, is
  amended by adding Section 273.005 to read as follows:
         Sec. 273.005.  DEFENSE TO PROSECUTION FOR PERSON CONDUCTING
  INVESTIGATION UNDER THIS CODE. It is a defense to prosecution of an
  offense under this code that a person employed by a law enforcement
  agency in the commission of the offense is engaged in:
               (1)  the investigation or prosecution of a violation of
  a law under this code; or
               (2)  official activities investigating a weakness in
  the electoral process.
         SECTION 1.08.  (a) The change in law made by this article in
  amending Article 12.01, Code of Criminal Procedure, does not apply
  to an offense if the prosecution of that offense becomes barred by
  limitation before the effective date of this Act. The prosecution
  of that offense remains barred as if this article had not taken
  effect.
         (b)  The changes in law made by this article apply only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
  ARTICLE 2. VOTERS, ASSISTANTS, AND WATCHERS
         SECTION 2.01.  Section 13.002, Election Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  A registration application must require the applicant
  to affirmatively indicate all information provided on the
  application.
         SECTION 2.02.  Section 33.004(b), Election Code, is amended
  to read as follows:
         (b)  To be eligible to participate in the appointment under
  this section of a watcher for a precinct polling place, a person
  must be a registered voter of the precinct. To be eligible to
  participate in the appointment under this section of a watcher for
  an early voting polling place, the meeting place of an early voting
  ballot board or signature verification committee, or a central
  counting station, a person must be a registered voter of the
  territory served by that facility.
         SECTION 2.03.  Section 33.006(b), Election Code, is amended
  to read as follows:
         (b)  A certificate of appointment must:
               (1)  be in writing and signed by the appointing
  authority or, for an appointment for a write-in candidate under
  Section 33.004, by each of the voters making the appointment;
               (2)  indicate the capacity in which the appointing
  authority is acting;
               (3)  state the name, residence address, and voter
  registration number of the appointee and be signed by the
  appointee;
               (4)  identify the election and the precinct polling
  place or other location at which the appointee is to serve;
               (5)  in an election on a measure, identify the measure
  if more than one is to be voted on and state which side of the
  measure the appointee represents; and
               (6)  contain an affidavit executed by the appointee
  stating that the appointee will not use [have possession of] a
  device capable of recording images or sound [or that the appointee
  will disable or deactivate the device] while serving as a watcher
  except as permitted by Section 61.014(b).
         SECTION 2.04.  Section 33.007(a), Election Code, is amended
  to read as follows:
         (a)  Each appointing authority may appoint not more than two
  watchers for each precinct polling place, meeting place for an
  early voting ballot board or signature verification committee, or
  central counting station involved in the election.
         SECTION 2.05.  Section 33.051(a), Election Code, is amended
  to read as follows:
         (a)  A watcher appointed to serve at a precinct polling
  place, a meeting place for an early voting ballot board or signature
  verification committee, or a central counting station must deliver
  a certificate of appointment to the presiding judge at the time the
  watcher reports for service. A watcher appointed to serve at an
  early voting polling place must deliver a certificate of
  appointment to the early voting clerk or deputy clerk in charge of
  the polling place when the watcher first reports for service.
         SECTION 2.06.  Section 33.054, Election Code, is amended to
  read as follows:
         Sec. 33.054.  HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
  MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING.  (a)  A
  watcher serving at the meeting place of an early voting ballot board
  or signature verification committee may be present at any time the
  board or committee is processing or counting ballots and until the
  board or committee completes its duties. The watcher may serve
  during the hours the watcher chooses, except as provided by
  Subsection (b).
         (b)  A watcher serving at the meeting place of an early
  voting ballot board may not leave during voting hours on election
  day without the presiding judge's permission if the board has
  recorded any votes cast on voting machines or counted any ballots,
  unless the board has completed its duties and has been dismissed by
  the presiding judge.
         SECTION 2.07.  Section 33.056, Election Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  A watcher serving at the meeting place of an early
  voting ballot board or signature verification committee is entitled
  to inspect a form submitted in accordance with Section 64.0322.
         (f)  A watcher serving at a polling place is entitled to
  inspect any identifying documentation presented by a person
  assisting a voter in accordance with Subchapter B, Chapter 64.
         SECTION 2.08.  Section 33.057, Election Code, is amended to
  read as follows:
         Sec. 33.057.  OBSERVING PREPARATION OF VOTER'S BALLOT. (a)  
  In this section, "family member" means a person related to the voter
  within the second degree by affinity or third degree by
  consanguinity, as determined under Subchapter B, Chapter 573,
  Government Code.
         (b)  A watcher or election officer is entitled to be present
  at the voting station when a voter is being assisted by a person who
  is not a family member [an election officer], and the watcher or
  election officer is entitled to examine the ballot before it is
  deposited in the ballot box to determine whether it is prepared in
  accordance with the voter's wishes.
         (c) [(b)]  A watcher or election officer may not be present
  at the voting station when a voter is preparing the voter's ballot
  [or is being assisted by a person of the voter's choice].
         SECTION 2.09.  Section 33.060(a), Election Code, is amended
  to read as follows:
         (a)  On request of a watcher, an election officer who
  delivers election records from a precinct polling place, an early
  voting polling place, a meeting place for an early voting ballot
  board or signature verification committee, or a central counting
  station shall permit the watcher appointed to serve at that
  location to accompany the officer in making the delivery.
         SECTION 2.10.  Section 61.014(b), Election Code, is amended
  to read as follows:
         (b)  A person, other than a watcher solely recording the
  counting of ballots, may not use any mechanical or electronic means
  of recording images or sound within 100 feet of a voting station.
         SECTION 2.11.  Section 64.009, Election Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  A person who assists a voter voting under this section
  by providing the voter with transportation to the polling place
  must complete and sign a form that:
               (1)  requires the person to affirm that the voter is
  physically unable to enter the polling place without personal
  assistance or likelihood of injuring the voter's health; and
               (2)  contains the following information:
                     (A)  the person's name and address; and
                     (B)  whether the person is providing assistance
  solely under this section or under both this section and Subchapter
  B.
         (f)  The secretary of state shall prescribe the form
  described by Subsection (e).
         SECTION 2.12.  Subchapter B, Chapter 64, Election Code, is
  amended by adding Section 64.0322 to read as follows:
         Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. (a)  A
  person, other than an election officer, who assists a voter in
  accordance with this chapter is required to complete a form
  stating:
               (1)  the name and address of the person assisting the
  voter;
               (2)  the manner in which the person assisted the voter;
               (3)  the reason the assistance was necessary; and
               (4)  the relationship of the assistant to the voter.
         (b)  The secretary of state shall prescribe the form required
  by this section. The form must be incorporated into the official
  carrier envelope if the voter is voting an early voting ballot by
  mail and receives assistance under Section 86.010, or must be
  submitted to an election officer at the time the voter casts a
  ballot if the voter is voting at a polling place or under Section
  64.009.
         SECTION 2.13.  Section 84.002, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An application for a ballot to be voted by mail on the
  ground of disability must require the applicant to affirmatively
  indicate that the applicant agrees with the statement "I am
  physically unable to enter a polling place without needing personal
  assistance or injuring my health," as prescribed by Section
  82.002(a).
         SECTION 2.14.  Section 86.013(f), Election Code, is amended
  to read as follows:
         (f)  The oath of a person assisting a voter and the form
  described by Section 64.0322(a) must be included on the official
  carrier envelope as part of the certificate prescribed by
  Subsection (c).
         SECTION 2.15.  Section 213.013(i), Election Code, is amended
  to read as follows:
         (i)  No device capable of recording images or sound is
  allowed inside the room in which the recount is conducted, or in any
  hallway or corridor in the building in which the recount is
  conducted within 30 feet of the entrance to the room, while the
  recount is in progress unless the person entitled to be present at
  the recount is a watcher or agrees to disable or deactivate the
  device. However, on request of a person entitled to appoint
  watchers to serve at the recount, the recount committee chair shall
  permit the person to photocopy under the chair's supervision any
  ballot, including any supporting materials, challenged by the
  person or person's watcher. The person must pay a reasonable charge
  for making the copies and, if no photocopying equipment is
  available, may supply that equipment at the person's expense. The
  person shall provide a copy on request to another person entitled to
  appoint watchers to serve at the recount.
  ARTICLE 3. ELECTION CONTESTS
         SECTION 3.01.  Section 232.006(a), Election Code, is amended
  to read as follows:
         (a)  The venue of an election contest for a statewide office
  is in Travis County or any county where a contestee resided at the
  time of the election.  For purposes of this section, a contestee's
  residence is determined under Section 411.0257, Government Code.
         SECTION 3.02.  Chapter 232, Election Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
         Sec. 232.061.  PETITION ALLEGING FRAUD. This subchapter
  applies to an election contest in which the contestant alleges in
  the petition that an opposing candidate, an agent of the opposing
  candidate, or a person acting on behalf of the opposing candidate
  with the candidate's knowledge committed election fraud under any
  of the following sections of this code:
               (1)  Section 13.007;
               (2)  Section 64.012;
               (3)  Section 64.036;
               (4)  Section 84.003;
               (5)  Section 84.0041;
               (6)  Section 86.0051;
               (7)  Section 86.006;
               (8)  Section 86.010; or
               (9)  Section 276.013.
         Sec. 232.062.  EVIDENTIARY STANDARD. A contestant must
  prove an allegation described by Section 232.061 by a preponderance
  of the evidence.
         Sec. 232.063.  CIVIL PENALTY. (a) If the court in its
  judgment finds that the contestee, an agent of the contestee, or a
  person acting on behalf of the contestee with the contestee's
  knowledge committed one or more violations of a section described
  by Section 232.061, the contestee is liable to this state for a
  civil penalty of $1,000 for each violation.
         (b)  A penalty collected under this section by the attorney
  general shall be deposited in the state treasury to the credit of
  the general revenue fund.
         Sec. 232.064.  ATTORNEY'S FEES. In an election contest to
  which this subchapter applies, the court may award reasonable
  attorney's fees to the prevailing party.
         SECTION 3.03.  The changes in law made by this article apply
  only to an election contest for which the associated election
  occurred after the effective date of this Act.
  ARTICLE 4. STATE AND COUNTY OFFICERS
         SECTION 4.01.  Section 18.061, Election Code, is amended by
  amending Subsection (b) and adding Subsection (f) to read as
  follows:
         (b)  The statewide computerized voter registration list
  must:
               (1)  contain the name and registration information of
  each voter registered in the state;
               (2)  assign a unique identifier to each registered
  voter; and
               (3)  be available to any election official in the
  state, including any official responsible for ensuring the
  integrity of the voter rolls or compliance with the election laws of
  this state, through immediate electronic access.
         (f)  Appropriate state or local officials and agencies shall
  provide technological security measures to prevent unauthorized
  access to the statewide computerized voter registration list.
         SECTION 4.02.  Section 18.062, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  For the purposes of Subsection (a), the secretary of
  state may disclose a voter's social security number or date of birth
  to other states and jurisdictions.
         SECTION 4.03.  Section 43.007, Election Code, is amended by
  adding Subsection (f-1) to read as follows:
         (f-1)  In selecting countywide polling places, the
  commissioners court of a county with a population of more than one
  million may not designate a location as a polling place that would
  require a voter who resides in the precinct where the polling place
  is located to travel more than three miles from the voter's
  residence to the polling place.
         SECTION 4.04.  Section 67.007, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Not later than 24 hours after completing county election
  returns under this section, the county clerk shall post on the
  county's Internet website, if the county maintains a website:
               (1)  the number of votes that were cast in the county;
  and
               (2)  the number of registered voters in the county.
         SECTION 4.05.  Section 216.001, Election Code, is amended to
  read as follows:
         Sec. 216.001.  APPLICABILITY OF CHAPTER. (a) Except as
  provided by Subsection (b), this [This] chapter applies only to an
  election that results in a tie vote as provided by Sections
  2.002(i), 2.023(b) and (c), and 2.028.
         (b)  If the results of an election show that the number of
  votes cast in an election precinct exceeds the number of registered
  voters in the precinct, the authority designated under Section
  212.026 shall initiate an automatic recount for that precinct in
  accordance with this chapter.
  ARTICLE 5. AUDITABLE VOTING SYSTEMS
         SECTION 5.01.  Chapter 65, Election Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. RISK-LIMITING AUDIT
         Sec. 65.101.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies to an election:
               (1)  that occurs after August 31, 2025; and
               (2)  in which an auditable voting system described by
  Section 129.003(a) is used.
         Sec. 65.102.  RISK-LIMITING AUDIT. (a) On completion of the
  vote count, the counting team shall conduct an audit of the results
  by manually inspecting the paper records or receipts generated by
  the voting system.
         (b)  An audit under this section continues until the counting
  team has counted a sufficient number of paper records or receipts to
  provide strong evidence that the reported outcome of the election
  matches the result that a full counting of the paper records or
  receipts would reveal.
         (c)  The number or percentage of paper records or receipts
  counted in an audit under this section must be consistent with rules
  adopted by the secretary of state under Section 65.103.
         Sec. 65.103.  RULES. (a)  The secretary of state shall adopt
  rules as necessary to implement this subchapter.
         (b)  Rules adopted under this subchapter must include a rule,
  using widely accepted statistical methods, that provides for the
  number or percentage of paper records or receipts that must be
  counted in an audit under Section 65.102.
         Sec. 65.104.  PUBLICATION OF RESULTS. The results of a
  risk-limiting audit conducted under this subchapter must be
  published on the Internet website of the secretary of state not
  later than three days after the completion of the audit.
         Sec. 65.105.  PILOT PROGRAM. (a) Notwithstanding Section
  65.101(1), the secretary of state shall conduct a pilot program,
  beginning with the election taking place November 5, 2019, of the
  risk-limiting audit program created under this subchapter.
         (b)  The secretary of state shall adopt rules as necessary to
  implement this section.
         (c)  This section expires August 31, 2025.
         SECTION 5.02.  Subchapter A, Chapter 129, Election Code, is
  amended by adding Section 129.003 to read as follows:
         Sec. 129.003.  PAPER AUDIT TRAIL REQUIRED. (a)  In this
  section, "auditable voting system" means a voting system that:
               (1)  uses a paper record; or
               (2)  produces a paper receipt by which a voter can
  verify that the voter's ballot will be counted accurately.
         (b)  Except as provided by Subsection (e), a voting system
  that consists of direct recording electronic voting machines may
  not be used in an election unless the system is an auditable voting
  system.
         (c)  Except for a recount under Title 13, or if an audit
  conducted under Section 65.102 fails to produce strong evidence
  that the reported outcome of the election matches the result that a
  full counting of the paper records or receipts would reveal, the
  electronic vote is the official record of the ballot. For a recount
  of ballots cast on a system involving direct recording electronic
  voting machines, or if an audit conducted under Section 65.102
  fails to produce strong evidence that the reported outcome of the
  election matches the result that a full counting of the paper
  records or receipts would reveal, the paper record or receipt copy
  is the official record of the vote cast.
         (d)  An authority that purchased a voting system other than
  an auditable voting system after September 1, 2014, and before
  September 1, 2019, may use available federal funding and, if
  federal funding is not available, available state funding to
  retrofit the purchased voting system as an auditable voting system
  in accordance with the following schedule:
               (1)  if the voting system was retrofitted as an
  auditable voting system not later than the election taking place
  November 3, 2020, the authority is eligible to have 100 percent of
  the cost of retrofitting reimbursed under this section; and
               (2)  if the authority is not eligible for a 100 percent
  reimbursement of cost under Subdivision (1) and the voting system
  was retrofitted as an auditable voting system not later than the
  election taking place November 5, 2024, the authority is eligible
  to have 50 percent of the cost of retrofitting reimbursed under this
  section.
         (e)  Subsections (a)-(c) do not apply to an election held
  before September 1, 2024.
  ARTICLE 6. REPEALER AND EFFECTIVE DATE
         SECTION 6.01.  Sections 33.051(c), 61.003(a-1), and
  85.036(b), Election Code, are repealed.
         SECTION 6.02.  This Act takes effect September 1, 2019.