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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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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.008(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 indicates to a |
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voter in a polling place by word, sign, or gesture how the person |
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desires the voter to vote or not vote, or if the person offers or |
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gives a nonmonetary gift to a voter at a polling place or to a person |
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assisting the voter under Subchapter B, Chapter 64. |
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SECTION 2. Section 84.001(b), Election Code, is amended to |
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read as follows: |
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(b) An application must be in writing and signed by the |
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applicant using ink on paper. An electronic signature or |
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photocopied signature is not permitted. |
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SECTION 3. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0011 to read as follows: |
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Sec. 84.0011. SOLICITATION OF BALLOT BY MAIL APPLICATIONS |
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PROHIBITED. The early voting clerk may make no attempt to solicit a |
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person to complete an application for an early voting ballot by |
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mail, whether directly or through a third party. |
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SECTION 4. Section 84.004, Election Code, is amended by |
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amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) An offense under this section is a state jail felony |
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[Class B misdemeanor]. |
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(f) An early voting clerk who is aware of or is in possession |
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of evidence that an offense under this section has been committed |
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shall promptly notify a law enforcement agency and retain the |
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evidence. |
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SECTION 5. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0111 to read as follows: |
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Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL |
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APPLICATION FORM. Unless otherwise authorized by this code, an |
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officer or employee of this state or of a political subdivision of |
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this state may not distribute an official application form for an |
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early voting ballot to be voted by mail to a person. |
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SECTION 6. Section 86.002(d), Election Code, is amended to |
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read as follows: |
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(d) The secretary of state shall prescribe instructions to |
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be printed on the balloting materials for the execution and return |
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of a statement of residence. The instructions must include an |
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explanation of the circumstances under which the ballot must be |
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rejected with respect to the statement and instructions on how to |
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cure a rejected ballot in accordance with Chapter 87. |
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SECTION 7. Section 86.005(c), Election Code, is amended to |
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read as follows: |
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(c) After marking the ballot, the voter must place it in the |
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official ballot envelope and then seal the ballot envelope, place |
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the ballot envelope in the official carrier envelope and then seal |
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the carrier envelope, and sign the certificate on the carrier |
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envelope. An electronic signature is not permitted. |
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SECTION 8. Chapter 86, Election Code, is amended by adding |
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Section 86.00511 to read as follows: |
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Sec. 86.00511. UNLAWFULLY WITNESSING CARRIER ENVELOPE FOR |
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MORE THAN ONE VOTER. (a) A person commits an offense if the person |
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acts as a witness for a voter in signing the certificate on the |
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carrier envelope for more than one voter in an election. |
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(b) An offense under this section is a state jail felony. |
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(c) Each application signed by the witness in violation of |
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this section constitutes a separate offense. |
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(d) This section does not apply if the person is related to |
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the voter within the second degree by affinity or the third degree |
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by consanguinity, as determined under Subchapter B, Chapter 573, |
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Government Code, or was physically living in the same dwelling as |
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the voter at the time of the event. |
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(e) An early voting clerk who is aware of or is in possession |
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of evidence that an offense under this section has been committed |
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shall promptly notify a law enforcement agency and retain the |
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evidence. |
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SECTION 9. Section 86.0052(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) compensates another person for depositing the |
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carrier envelope in the mail or with a common or contract carrier as |
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provided by Section 86.0051(b)[, as part of any performance-based |
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compensation scheme based on the number of ballots deposited or in |
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which another person is presented with a quota of ballots to deposit |
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as provided by Section 86.0051(b)]; |
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(2) engages in another practice that causes another |
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person's compensation from or employment status with the person to |
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be dependent on the number of ballots deposited as provided by |
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Section 86.0051(b); or |
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(3) with knowledge that accepting compensation for |
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such activity is illegal, accepts compensation for an activity |
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described by Subdivision (1) or (2). |
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SECTION 10. Subchapter A, Chapter 87, Election Code, is |
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amended by adding Section 87.007 to read as follows: |
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Sec. 87.007. SIGNATURE VERIFICATION TRAINING. (a) The |
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secretary of state shall: |
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(1) develop a training course and uniform standards |
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for the process of signature comparison and verification under this |
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chapter; and |
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(2) ensure that the training course is made available |
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to any person who has a duty to examine signatures under this |
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chapter. |
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(b) The secretary of state shall adopt rules as necessary to |
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implement this section. |
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SECTION 11. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. NOTICE TO VOTER OF REJECTED BALLOT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early voting |
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ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Immediately after rejecting a timely delivered ballot |
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under Section 87.027, the signature verification committee shall |
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notify the voter of the defect by mail. The notice must be |
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accompanied by the rejected ballot and must inform the voter that |
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the voter may come to the early voting clerk's office in person to |
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request to have the voter's application to vote by mail canceled |
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under Section 84.032. |
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(c) A voter whose ballot is rejected under Section 87.027 |
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may attempt to cure the defective ballot by: |
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(1) appearing at the office of the early voting clerk |
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not later than 5:00 p.m. on the fourth business day after the |
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election; |
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(2) presenting the rejected ballot and the notice |
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received by the voter under Subsection (b); and |
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(3) executing an affidavit that the voter has not |
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voted in the election. |
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(d) Notice under this section may not be given in person, by |
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e-mail, or by telephone. |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 12. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. NOTICE TO VOTER OF REJECTED BALLOT: EARLY |
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VOTING BALLOT BOARD. (a) This section applies to an early voting |
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ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Immediately after rejecting a timely delivered ballot |
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under Section 87.041, the early voting ballot board shall notify |
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the voter of the defect by mail. The notice must be accompanied by |
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the rejected ballot and must inform the voter that the voter may |
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cure the voter's rejected ballot at the early voting clerk's office |
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as provided by this section. |
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(c) A voter whose ballot is rejected under Section 87.041 |
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may attempt to cure the defective ballot by: |
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(1) appearing at the office of the early voting clerk |
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not later than 5:00 p.m. on the fourth business day after the |
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election; |
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(2) presenting the rejected ballot and the notice |
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received by the voter under Subsection (b); and |
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(3) executing an affidavit that the voter has not |
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voted in the election. |
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(d) Notice under this section may not be given in person, by |
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e-mail, or by telephone. |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 13. 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 14. This Act takes effect September 1, 2021. |