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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct and administration of elections; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 18, Election Code, is |
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amended by adding Section 18.0051 to read as follows: |
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Sec. 18.0051. ADDITIONAL CONTENTS; COUNTY INFORMATION. (a) |
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In this section, "county certification number" means any number |
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assigned to a voter of a county by the registrar, in addition to and |
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other than the voter's registration number, for purposes of |
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identifying the voter. |
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(b) If a registrar assigns county certification numbers to |
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voters in the county, the registrar may not assign more than one |
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county certification number to a voter. |
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(c) If a county's list of registered voters contains a voter |
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with one registration number and multiple county certification |
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numbers, the registrar shall deliver to the voter a written |
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confirmation notice under Section 15.051. |
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(d) If the voter's response to the confirmation notice |
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contains a residential address that matches the voter's residential |
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address on the county's list of registered voters, the county |
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certification number associated with that address is considered the |
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effective county certification number for that voter, and the |
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registrar shall remove any additional county certification number |
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from the voter's information on the county's list of registered |
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voters. |
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(e) If the voter's response to the confirmation notice does |
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not contain a residential address that matches the voter's |
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residential address on the county's list of registered voters, the |
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registrar shall: |
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(1) remove all county certification numbers from the |
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voter's information on the county's list of registered voters; and |
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(2) issue a new county certification number to the |
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voter for the residential address listed by the voter in the voter's |
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response to the confirmation notice. |
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(f) If a county's list of registered voters contains a voter |
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with one registration number and multiple county certification |
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numbers and the registrar fails to timely deliver a confirmation |
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notice required under this section, the secretary of state may |
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withhold funds administered and distributed by the secretary under |
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Chapter 19 or Section 31.009 from the registrar. |
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(g) Notwithstanding Subsection (f), the secretary of state |
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shall distribute funds under Chapter 19 or Section 31.009 if the |
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registrar delivers the confirmation notice not later than 30 days |
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after the funds are withheld. |
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(h) The secretary of state may adopt rules and procedures |
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for the administration of this section. |
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SECTION 2. Section 19.002(d), Election Code, is amended to |
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read as follows: |
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(d) The secretary of state may not make a payment under |
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Subsection (b) if on June 1 of the year in which the payment is to be |
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made the registrar is not in substantial compliance with Section |
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15.022, 15.051, 15.083, 16.031, 16.032, or 18.065 or with rules |
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implementing the registration service program. |
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SECTION 3. Section 31.014, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The secretary of state shall adopt rules that: |
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(1) require a device described by this section used |
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during the early voting period or under the countywide polling |
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place program under Section 43.007 to update data in real time; and |
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(2) require a county that uses a device described by |
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this section to use each device function described by Subsection |
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(a). |
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(d) If a county uses a device that does not comply with a |
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rule adopted under this section or uses a device in a manner that |
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does not comply with a [the] rule adopted under this section [in two |
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consecutive general elections for state and county officers], the |
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secretary of state shall assess a noncompliance fee. The |
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noncompliance fee shall be set at an amount determined by secretary |
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of state rule. |
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SECTION 4. Section 33.007(a), Election Code, is amended to |
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read as follows: |
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(a) Each appointing authority may appoint not more than two |
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watchers for each precinct polling place, meeting place for an |
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early voting ballot board, location where the early voting clerk |
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reviews applications for a ballot to be voted by mail, or central |
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counting station involved in the election. |
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SECTION 5. Section 33.051, Election Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) A watcher appointed to serve at a location where the |
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early voting clerk reviews applications for a ballot to be voted by |
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mail under Section 86.001 must deliver the certificates under |
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Subsection (a) to the early voting clerk when the watcher first |
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reports for service. |
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SECTION 6. Subchapter C, Chapter 33, Election Code, is |
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amended by adding Section 33.0551 to read as follows: |
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Sec. 33.0551. HOURS OF SERVICE AT LOCATION OF EARLY VOTING |
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BALLOT BY MAIL APPLICATION REVIEW. A watcher serving at a location |
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where the early voting clerk reviews applications for a ballot to be |
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voted by mail may be present at the location at any time the early |
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voting clerk reviews applications for a ballot to be voted by mail |
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and until the early voting clerk completes the clerk's duties. The |
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watcher may serve during the hours the watcher chooses. |
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SECTION 7. Section 33.056, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A watcher is entitled to examine any document that is |
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processed by an election official while the watcher is present. A |
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watcher may not examine a document processed by an election |
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official in the absence of the watcher. |
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SECTION 8. Section 43.031, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A polling place may not be located in a prison, jail, or |
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other detention facility. |
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SECTION 9. Section 63.0101, Election Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A library card may not be used to meet the |
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requirements of Subsection (b)(1). |
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SECTION 10. Section 68.032, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) When making a delivery under this section, the delivery |
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must include a copy of any record maintaining a chain of custody for |
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the voted ballots. |
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SECTION 11. Section 86.001, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The early voting clerk shall post on the county's |
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Internet website the date, time, and location at which the early |
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voting clerk will review applications under this section. |
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SECTION 12. Section 86.002, Election Code, is amended by |
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adding Subsection (g-1) to read as follows: |
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(g-1) The space described by Subsection (g) must be |
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accompanied by a statement explaining to the voter that entering |
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information into that space does not eliminate or replace the |
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requirement that the voter sign the carrier envelope certificate. |
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SECTION 13. Section 86.011, Election Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) Notwithstanding any other provisions of this code, if |
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the clerk receives a timely carrier envelope that does not fully |
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comply with the applicable requirements prescribed by this title, |
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the clerk may, before the earlier of the first meeting of the early |
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voting ballot board or the first meeting of the signature |
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verification committee, deliver the carrier envelope in person or |
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by mail to the voter and may receive, before the deadline, the |
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corrected carrier envelope from the voter, or the clerk may notify |
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the voter of the defect by telephone and advise the voter that the |
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voter may come to the clerk's office in person to correct the defect |
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or cancel the voter's application to vote by mail and vote on |
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election day. If the procedures authorized by this subsection are |
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used, they must be applied uniformly to all carrier envelopes |
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covered by this subsection. A poll watcher is entitled to observe |
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the procedures under this subsection. The secretary of state may |
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prescribe any other procedures necessary to implement this |
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subsection including requirements for posting notice of any |
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deliveries. |
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(e) After the earlier of the first meeting of the early |
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voting ballot board or the first meeting of the signature |
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verification committee, if the clerk receives a timely carrier |
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envelope that does not fully comply with the applicable |
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requirements prescribed by this title, the clerk may, after |
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obtaining the approval of the early voting ballot board or the |
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signature verification committee, as applicable: |
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(1) deliver the carrier envelope in person or by mail |
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to the voter and may receive, before the deadline, the corrected |
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carrier envelope from the voter; or |
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(2) notify the voter of the defect by telephone and |
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advise the voter that the voter may come to the clerk's office in |
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person to correct the defect or cancel the voter's application to |
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vote by mail and vote on election day. |
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SECTION 14. Section 87.0431, Election Code, is amended by |
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adding Subsections (a-1), (d), and (e) to read as follows: |
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(a-1) The reason for rejection in a written notice to a |
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voter under Subsection (a) must include a clear statement of the |
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reason for the rejection of the voter's ballot in plain English. |
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(d) The secretary of state shall develop a uniform set of |
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identification codes for use in indicating the reason a ballot was |
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rejected, using the reasons for rejection listed under Subsection |
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(b). |
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(e) Written notices under Subsections (a) and (b) must make |
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use of the uniform set of identification codes developed under |
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Subsection (d). |
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SECTION 15. Section 87.101, Election Code, is amended to |
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read as follows: |
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Sec. 87.101. DELIVERY OF BALLOTS TO COUNTING STATION. (a) |
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On the direction of the presiding judge, the early voting ballot |
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board shall deliver to the central counting station the container |
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for the early voting electronic system ballots that are to be |
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counted by automatic tabulating equipment at a central counting |
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station. The board shall make the delivery without opening the |
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container and in accordance with the procedure applicable to |
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electronic system ballots cast at a precinct polling place. |
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(b) When making a delivery under Subsection (a), the early |
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voting ballot board shall also deliver to the central counting |
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station a copy of any record maintaining a chain of custody for the |
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voted ballots. |
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SECTION 16. Section 87.102, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Before duplicating ballots under this section, the |
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manager of a central counting station shall post, on the Internet |
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website of the appropriate authority, a notice of: |
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(1) the date and time at which the ballots will be |
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duplicated; and |
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(2) the location where the ballots will be duplicated. |
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SECTION 17. Section 127.1232, Election Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (e) to read |
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as follows: |
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(b) The general custodian of election records in a county |
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with a population of 100,000 or more, or in a political subdivision |
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of that county, shall implement a video surveillance system that |
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retains a record of all areas containing voted ballots: |
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(1) from the time the voted ballots are delivered to |
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the central counting station until the canvass of precinct election |
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returns; and |
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(2) from the time the voted ballots are delivered to |
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the signature verification committee or early voting ballot board |
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until the canvass of precinct election returns. |
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(c) A video from a system implemented under Subsection (b) |
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shall be made available to the public by a livestream on the home |
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page of the Internet website of the county or political subdivision |
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responsible for the video surveillance system. |
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(e) A county is liable to this state for a civil penalty of |
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$1,000 for each day that the livestream under this section is not |
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made available on the home page of the county's Internet website. |
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The attorney general may bring an action to recover a civil penalty |
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imposed under this section. |
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SECTION 18. Section 127.126, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Before duplicating ballots under this section, the |
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manager of a central counting station shall post, on the Internet |
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website of the appropriate authority, a notice of: |
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(1) the date and time at which the ballots will be |
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duplicated; and |
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(2) the location where the ballots will be duplicated. |
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SECTION 19. Section 127.131, Election Code, is amended by |
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amending Subsection (f) and adding Subsection (g) to read as |
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follows: |
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(f) The presiding judge of the central counting station |
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shall provide and attest to a written reconciliation of votes and |
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voters, by precinct, at the close of tabulation for election day and |
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again after the central counting station meets for the last time to |
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process late-arriving ballots by mail and provisional ballots. The |
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secretary of state shall create and promulgate rules and a form to |
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facilitate compliance with this subsection. The form shall be |
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posted on a website maintained by the county along with election |
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returns and results. |
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(g) The form created under Subsection (f) must include a |
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space for the presiding judge to indicate the number of ballots |
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duplicated under Section 87.102 or 127.126. |
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SECTION 20. Subchapter A, Chapter 129, Election Code, is |
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amended by adding Section 129.004 to read as follows: |
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Sec. 129.004. SCHEDULE AND REPORTING FOR CERTAIN COUNTIES. |
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A county participating in the countywide polling place program |
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under Section 43.007 shall prepare a schedule for the maintenance |
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and calibration of the county's electronic voting system. The |
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county shall annually file the county's schedule with the secretary |
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of state and shall notify the secretary of state in writing when |
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each instance of maintenance and calibration has been completed. |
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SECTION 21. Section 129.023(c-1), Election Code, is amended |
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to read as follows: |
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(c-1) A test conducted under this section must also require |
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the general custodian of election records to demonstrate, using a |
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representative sample of voting system equipment, that the source |
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code of the equipment has not been altered. This demonstration must |
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be made: |
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(1) at the same time as the test conducted under this |
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section; and |
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(2) in the presence of the testing board. |
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SECTION 22. The changes in law made by this Act apply only |
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to an election that is ordered on or after the effective date of |
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this Act. |
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SECTION 23. This Act takes effect September 1, 2023. |