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A BILL TO BE ENTITLED
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AN ACT
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relating to election integrity; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.007(f), Election Code, is amended to |
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read as follows: |
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(f) A person who is appointed as a replacement for a judge |
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originally appointed under Section 32.002 must be affiliated or |
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aligned with the same political party as was the original judge, if |
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possible, and the appointing authority shall make a reasonable |
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effort to consult with the party chair of the appropriate political |
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party before making an appointment under this section. A person who |
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is appointed as a replacement for a judge originally appointed |
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under Section 32.002 may not be related 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, to a person appointed |
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as an election clerk in the same election precinct. |
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SECTION 2. Subchapter A, Chapter 32, Election Code, is |
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amended by adding Section 32.013 to read as follows: |
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Sec. 32.013. PROHIBITION ON APPOINTING RELATIVE OF |
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PRESIDING JUDGE AS ALTERNATE PRESIDING JUDGE. The authority |
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responsible for appointing an alternate presiding judge for an |
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election precinct may not appoint a person who is related 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, to the |
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person appointed as presiding judge for the election precinct. |
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SECTION 3. Subchapter B, Chapter 32, Election Code, is |
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amended by adding Sections 32.036 and 32.037 to read as follows: |
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Sec. 32.036. PROHIBITION ON APPOINTING RELATIVES AS |
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ELECTION CLERKS. The presiding judge may not appoint a person as an |
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election clerk if the person is related 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, to: |
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(1) the presiding judge; or |
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(2) another person appointed as an election clerk for |
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the same election precinct. |
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Sec. 32.037. NOTICE OF APPOINTMENT. Not later than the day |
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before election day, the presiding judge shall provide written |
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notice of the appointment to the person. The notice must state: |
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(1) the nature and date of the election; |
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(2) the hours that the election clerk will serve; |
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(3) the location of the polling place where the |
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election clerk will serve; and |
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(4) the name, e-mail address, and telephone number of |
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the presiding judge and alternate presiding judge. |
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SECTION 4. Subchapter A, Chapter 85, Election Code, is |
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amended by adding Sections 85.0092 and 85.0093 to read as follows: |
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Sec. 85.0092. PROHIBITION ON APPOINTMENT OF RELATIVE OF |
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ELECTION OFFICER. The early voting clerk may not appoint an |
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election officer for an early voting polling place who is related |
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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, to another person appointed as an election officer |
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for the same polling place. |
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Sec. 85.0093. NOTICE OF APPOINTMENT. Not later than the |
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beginning of the period for early voting by personal appearance, |
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the early voting clerk shall provide written notice to each person |
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appointed as an election officer stating: |
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(1) the nature and date of the election; |
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(2) the dates and hours that the election officer will |
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serve; |
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(3) the location of the polling place where the |
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election officer will serve; and |
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(4) the name, e-mail address, and telephone number of |
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the presiding judge and alternate presiding judge of the polling |
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place where the election officer will serve. |
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SECTION 5. Section 87.002, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The authority responsible for appointing a member of the |
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early voting ballot board may not appoint a person who is related |
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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, to another person appointed as a member of the |
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ballot board. |
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SECTION 6. Subchapter A, Chapter 87, Election Code, is |
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amended by adding Section 87.0041 to read as follows: |
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Sec. 87.0041. NOTICE OF APPOINTMENT REQUIRED. The |
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authority responsible for appointing a member of the early voting |
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ballot board shall provide written notice to each person appointed |
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as a member stating: |
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(1) the nature and date of the election; |
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(2) the date, time, and location of the first meeting |
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of the ballot board; and |
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(3) the name, e-mail address, and telephone number of |
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the presiding judge of the ballot board. |
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SECTION 7. Section 87.006, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (d) and (e) |
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to read as follows: |
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(a) A member of the early voting ballot board shall sign a |
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document containing the following oath and repeat the [following] |
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oath aloud: |
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"I swear (or affirm) that I will objectively work to be sure |
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every eligible voter's vote is accepted and counted, and that only |
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the ballots of those voters who violated the Texas Election Code |
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will be rejected. I will make every effort to correctly reflect the |
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voter's intent when it can be clearly determined. I will not work |
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alone when ballots are present and will work only in the presence of |
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a member of a political party different from my own. I will |
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faithfully perform my duty as an officer of the election and guard |
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the purity of the election. I acknowledge that it is a Class B |
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misdemeanor to work alone or not in the presence of a member of a |
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political party different from my own when ballots are present, and |
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that this offense is punishable by up to 180 days in jail, a fine up |
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to $2,000, or both." |
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(b) A member of the early voting ballot board who arrives |
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after the oath is made shall sign a document containing the oath and |
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repeat the oath aloud before performing any duties as a member. |
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(d) The presiding judge of the early voting ballot board |
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shall maintain written proof that each member signed a document |
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containing the oath. |
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(e) The secretary of state may modify the oath prescribed by |
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this section as necessary for an election in which the authority |
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holding the election is a political party or a political |
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subdivision holding a nonpartisan election. |
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SECTION 8. Section 87.021, Election Code, is amended to |
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read as follows: |
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Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO |
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BOARD. The early voting clerk shall deliver to the early voting |
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ballot board: |
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(1) in an election in which regular paper ballots are |
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used for early voting by personal appearance, each ballot box, in |
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accordance with Section 85.032(b), containing the early voting |
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ballots voted by personal appearance and the clerk's key to each |
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box; |
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(2) the jacket envelopes containing the early voting |
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ballots voted by mail, regardless of the ballot type or voting |
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system used; |
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(3) the poll lists prepared in connection with early |
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voting by personal appearance; |
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(4) the list of registered voters used in conducting |
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early voting; [and] |
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(5) a ballot transmittal form that includes a |
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statement of the number of early voting ballots voted by mail, |
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regardless of the ballot type or voting system used, that are |
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delivered to the early voting ballot board, and in an election in |
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which regular paper ballots are used for early voting by personal |
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appearance, the number of names appearing on the poll lists |
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prepared in connection with early voting by personal appearance; |
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and |
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(6) one hard-copy report for every two members of the |
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early voting ballot board that includes the following information |
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for each person who applied for a ballot to be voted by mail: |
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(A) the person's name; |
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(B) the person's date of birth; |
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(C) the person's voter registration number and |
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the effective date of the person's voter registration; and |
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(D) the legal ground for early voting by mail. |
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SECTION 9. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0242 to read as follows: |
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Sec. 87.0242. REPORT OF BALLOTS VOTED BY MAIL NOT PROCESSED |
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BY EARLY VOTING BALLOT BOARD. (a) As soon as practicable after the |
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deadline for returning marked ballots voted by mail under Section |
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86.007(a)(2), the early voting clerk shall prepare a report that |
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lists the name and voter registration number of each voter whose |
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ballot voted by mail: |
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(1) was received before the deadline under Section |
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86.007(a)(2); and |
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(2) has not been accepted or rejected by the early |
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voting ballot board. |
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(b) Not later than 24 hours after the deadline for returning |
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marked ballots voted by mail under Section 86.007(a)(2), the early |
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voting clerk shall make the report accessible to any authority with |
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an election on the ballot. |
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(c) Not later than the first meeting of the early voting |
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ballot board following the day after election day, the early voting |
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clerk shall deliver the report to the presiding judge of the ballot |
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board. |
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(d) The early voting ballot board may not accept a ballot |
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voted by mail for a voter whose name and registration number does |
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not appear in the report delivered under Subsection (c) unless the |
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early voting clerk provides an affidavit explaining why the ballot |
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should be accepted. |
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SECTION 10. Section 87.027, Election Code, is amended by |
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adding Subsections (c-1) and (d-1) to read as follows: |
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(c-1) As soon as practicable after the appropriate |
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authority appoints the signature verification committee, the early |
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voting clerk shall provide written notice to each person appointed |
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as a member of the committee stating: |
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(1) the nature and date of the election; |
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(2) the dates and hours that the committee will meet; |
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(3) the location where the committee will meet; and |
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(4) the name, e-mail address, and telephone number of |
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the chair of the committee. |
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(d-1) The authority may not appoint a member of a signature |
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verification committee who is related 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, to another member of |
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the signature verification committee. |
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SECTION 11. Section 87.041(b), Election Code, is amended to |
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read as follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) the voter's ballot application states a legal |
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ground for early voting by mail; |
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(4) the voter is registered to vote, if registration |
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is required by law; |
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(5) the address to which the ballot was mailed to the |
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voter, as indicated by the application, was outside the voter's |
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county of residence, if the ground for early voting is absence from |
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the county of residence; |
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(6) for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; [and] |
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(7) the address to which the ballot was mailed to the |
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voter is an address that is otherwise required by Sections 84.002 |
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and 86.003; and |
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(8) if applicable, the voter's name and voter |
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registration number appears on the report prepared under Section |
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87.0242. |
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SECTION 12. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0432 to read as follows: |
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Sec. 87.0432. PROHIBITION ON HANDLING BALLOTS SEPARATELY. |
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(a) If members of the early voting ballot board are appointed from |
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lists submitted by county chairs of different political parties, a |
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member of the early voting ballot board may not handle balloting |
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materials unless the member is in the presence of a member of the |
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board from a different political party. |
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(b) If members of the early voting ballot board are not |
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appointed from lists submitted by county chairs of different |
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political parties, a member of the early voting ballot board may not |
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handle balloting materials unless the member is in the presence of |
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another member of the board. |
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(c) A person who violates this section commits an offense. |
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An offense under this section is a Class B misdemeanor. |
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SECTION 13. Section 127.005(e), Election Code, is amended |
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to read as follows: |
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(e) For an election in which election judges appointed under |
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Section 32.002 serve, the presiding judge and an alternate |
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presiding judge shall be appointed for each central counting |
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station operating in the election in the same manner as a presiding |
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judge and alternate presiding judge under Sections [Section] 32.002 |
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and 32.013. |
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SECTION 14. Section 127.006(a), Election Code, is amended |
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to read as follows: |
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(a) Both the manager and the presiding judge may appoint |
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clerks to serve at the central counting station. The manager and the |
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presiding judge may not appoint a person as a clerk who is related |
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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, to: |
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(1) the manager or presiding judge; or |
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(2) another person appointed as a clerk to serve at the |
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central counting station. |
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SECTION 15. Subchapter A, Chapter 127, Election Code, is |
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amended by adding Section 127.008 to read as follows: |
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Sec. 127.008. NOTICE OF APPOINTMENT. As soon as |
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practicable after the appointment of an election officer under this |
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subchapter, the authority establishing a central counting station |
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shall provide written notice to the person appointed as an officer |
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stating: |
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(1) the nature and date of the election; |
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(2) the anticipated dates and times of operation for |
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the central counting station where the person will serve; |
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(3) the location of the central counting station where |
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the person will serve; and |
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(4) the name, e-mail address, and telephone number of |
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the presiding judge of the central counting station. |
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SECTION 16. Section 573.061, Government Code, is amended to |
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read as follows: |
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Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not |
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apply to: |
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(1) an appointment to the office of a notary public or |
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to the confirmation of that appointment; |
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(2) an appointment of a page, secretary, attendant, or |
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other employee by the legislature for attendance on any member of |
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the legislature who, because of physical infirmities, is required |
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to have a personal attendant; |
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(3) a confirmation of the appointment of an appointee |
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appointed to a first term on a date when no individual related to |
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the appointee within a degree described by Section 573.002 was a |
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member of or a candidate for the legislature, or confirmation on |
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reappointment of the appointee to any subsequent consecutive term; |
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(4) an appointment or employment of a bus driver by a |
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school district if: |
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(A) the district is located wholly in a county |
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with a population of less than 35,000; or |
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(B) the district is located in more than one |
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county and the county in which the largest part of the district is |
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located has a population of less than 35,000; |
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(5) an appointment or employment of a personal |
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attendant by an officer of the state or a political subdivision of |
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the state for attendance on the officer who, because of physical |
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infirmities, is required to have a personal attendant; |
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(6) an appointment or employment of a substitute |
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teacher by a school district; or |
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(7) an appointment or employment of a person by a |
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municipality that has a population of less than 200 [; or |
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[(8) an appointment of an election clerk under Section |
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32.031, Election Code, who is not related in the first degree by |
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consanguinity or affinity to an elected official of the authority |
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that appoints the election judges for that election]. |
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SECTION 17. Section 87.0432, Election Code, as added by |
|
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 18. This Act takes effect September 1, 2021. |