Bill Text: TX HB2909 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to election practices and procedures; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2019-05-24 - Senate appoints conferees-reported [HB2909 Detail]
Download: Texas-2019-HB2909-Comm_Sub.html
By: Klick, Lang (Senate Sponsor - Hughes) | H.B. No. 2909 | |
(In the Senate - Received from the House May 6, 2019; | ||
May 8, 2019, read first time and referred to Committee on State | ||
Affairs; May 19, 2019, reported favorably by the following vote: | ||
Yeas 8, Nays 0; May 19, 2019, sent to printer.) | ||
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relating to election practices and procedures; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.007(c), Election Code, is amended to | ||
read as follows: | ||
(c) A delivery, submission, or filing of a document or paper | ||
under this code may be made by personal delivery, mail, telephonic | ||
facsimile machine, e-mail, or any other method of transmission. | ||
SECTION 2. Section 2.002, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (j) to read as | ||
follows: | ||
(b) Not later than the fifth day after the date the | ||
automatic recount required by Subsection (i) is completed or the | ||
final canvass following the automatic recount is completed, if | ||
applicable, the authority responsible for ordering the first | ||
election shall order the second election. The second election | ||
shall be held not earlier than the 20th day or later than the 45th | ||
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Subsection (i) is completed or the final canvass following the | ||
automatic recount is completed, if applicable. | ||
(j) If the recount does not resolve the tie, the tied | ||
candidates may: | ||
(1) cast lots not later than the day before the date | ||
the authority must order the second election under Subsection (b); | ||
or | ||
(2) withdraw from the election not later than 5 p.m. of | ||
the day after the date the automatic recount is held. | ||
SECTION 3. Section 2.022(b), Election Code, is amended to | ||
read as follows: | ||
(b) Sections 2.023, 2.025, and 2.028 supersede a law outside | ||
this subchapter to the extent of any conflict. | ||
SECTION 4. Section 2.025(d), Election Code, is amended to | ||
read as follows: | ||
(d) A runoff election for a special election to fill a | ||
vacancy in Congress or a special election to fill a vacancy in the | ||
legislature, except an election ordered as an emergency election | ||
under Section 41.0011 or an election held as an expedited election | ||
under Section 203.013, [ |
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held not earlier than the 70th day or later than the 77th day after | ||
the date the final canvass of the main election is completed. | ||
SECTION 5. Section 2.028(c), Election Code, is amended to | ||
read as follows: | ||
(c) A tying candidate may resolve the tie by filing with the | ||
presiding officer of the final canvassing authority a written | ||
statement of withdrawal signed and sworn to [ |
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candidate. If the statement of withdrawal is received before the | ||
automatic recount is conducted, the remaining candidate is the | ||
winner, and the automatic recount is not conducted. If the | ||
statement of withdrawal is received not later than 5 p.m. the day | ||
after the date the automatic recount is conducted [ |
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and a casting of lots is not held. | ||
SECTION 6. Section 2.051(b), Election Code, is amended to | ||
read as follows: | ||
(b) In the case of an election in which any members of the | ||
political subdivision's governing body are elected from | ||
territorial units such as single-member districts, this subchapter | ||
applies to the election in a particular territorial unit if each | ||
candidate for an office that is to appear on the ballot in that | ||
territorial unit is unopposed and no [ |
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opposed at-large race is to appear on the ballot. This subchapter | ||
applies to an unopposed at-large race in such an election | ||
regardless of whether an opposed race is to appear on the ballot in | ||
a particular territorial unit. | ||
SECTION 7. Section 3.005(d), Election Code, is amended to | ||
read as follows: | ||
(d) Except as provided by Subsection (c), an [ |
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under Section 26.08, Tax Code, to ratify a tax rate adopted by the | ||
governing body of a school district under Section 26.05(g) of that | ||
code shall be ordered not later than the 30th day before election | ||
day. | ||
SECTION 8. Section 4.003(c), Election Code, is amended to | ||
read as follows: | ||
(c) In addition to any other notice given, notice of an | ||
election ordered by the governor, by a county authority, | ||
[ |
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district must be given by the method prescribed by Subsection | ||
(a)(1). | ||
SECTION 9. Section 15.022(a), Election Code, is amended to | ||
read as follows: | ||
(a) The registrar shall make the appropriate corrections in | ||
the registration records, including, if necessary, deleting a | ||
voter's name from the suspense list: | ||
(1) after receipt of a notice of a change in | ||
registration information under Section 15.021; | ||
(2) after receipt of a voter's reply to a notice of | ||
investigation given under Section 16.033; | ||
(3) after receipt of any affidavits executed under | ||
Section 63.006, following an election; | ||
(4) after receipt of a voter's statement of residence | ||
executed under Section 63.0011; | ||
(5) before the effective date of the abolishment of a | ||
county election precinct or a change in its boundary; | ||
(6) after receipt of United States Postal Service | ||
information indicating an address reclassification; | ||
(7) after receipt of a voter's response under Section | ||
15.053; [ |
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(8) after receipt of a registration application or | ||
change of address under Chapter 20; or | ||
(9) after notification of a data entry error of which | ||
the voter registrar is made aware under Section 63.005. | ||
SECTION 10. Section 31.093(a), Election Code, is amended to | ||
read as follows: | ||
(a) Subject to Section 41.001(d), if [ |
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by a political subdivision, the county elections administrator | ||
shall enter into a contract to furnish the election services | ||
requested, in accordance with a cost schedule agreed on by the | ||
contracting parties. | ||
SECTION 11. Section 31.096, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.096. NONTRANSFERABLE FUNCTIONS. An election | ||
services contract may not change: | ||
(1) the authority with whom applications of candidates | ||
for a place on a ballot are filed; | ||
(2) the authority with whom documents are filed under | ||
Title 15; or | ||
(3) the political subdivision's requirement to | ||
maintain office hours under Section 31.122 [ |
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SECTION 12. Section 31.124(a), Election Code, is amended to | ||
read as follows: | ||
(a) A county election officer of each county shall hold a | ||
meeting with the county chair of each political party to discuss, as | ||
appropriate, the following for each primary election or general | ||
election for state and county officers: | ||
(1) the lists provided by each political party under | ||
Section 85.009; | ||
(2) the lists provided by each political party under | ||
Section 87.002(c); [ |
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(3) the implementation of Subchapters A, B, C, and D, | ||
Chapter 87; and | ||
(4) holding a joint primary, entering into an election | ||
services contract, and polling place locations. | ||
SECTION 13. Section 32.114(a), Election Code, is amended to | ||
read as follows: | ||
(a) The county clerk shall provide one or more sessions of | ||
training using the standardized training program and materials | ||
developed and provided by the secretary of state under Section | ||
32.111 for the election judges and clerks appointed to serve in | ||
elections ordered by the governor or a county authority. Each | ||
election judge shall complete the training program. The training | ||
program must include specific procedures related to the early | ||
voting ballot board and the central counting station, as | ||
applicable. Each election clerk shall complete the part of the | ||
training program relating to the acceptance and handling of the | ||
identification presented by a voter to an election officer under | ||
Section 63.001. | ||
SECTION 14. 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 15. Sections 41.001(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) Except as otherwise provided by this subchapter, each | ||
general or special election in this state shall be held on one of | ||
the following dates: | ||
(1) the first Saturday in May in an odd-numbered year; | ||
(2) the first Saturday in May in an even-numbered | ||
year, for an election held by a political subdivision other than a | ||
county, or ordered by the governor; or | ||
(3) the first Tuesday after the first Monday in | ||
November. | ||
(b) Subsection (a) does not apply to: | ||
(1) a runoff election; | ||
(2) an election to resolve a tie vote; | ||
(3) an election held under an order of a court or other | ||
tribunal; | ||
(4) an emergency election ordered under Section | ||
41.0011 or any resulting runoff; | ||
(5) an expedited election to fill a vacancy in the | ||
legislature held under Section 203.013; | ||
(6) an election held under a statute that expressly | ||
provides that the requirement of Subsection (a) does not apply to | ||
the election; or | ||
(7) the initial election of the members of the | ||
governing body of a newly incorporated city. | ||
SECTION 16. Sections 43.007(a) and (m), Election Code, are | ||
amended to read as follows: | ||
(a) The secretary of state shall implement a program to | ||
allow each commissioners court participating in the program to | ||
eliminate county election precinct polling places and establish | ||
countywide polling places for: | ||
(1) any election required to be conducted by the | ||
county [ |
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(2) any election held as part of a joint election | ||
agreement with a county under Chapter 271 [ |
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(3) any election held under contract for election | ||
services with a county under Subchapter D, Chapter 31 [ |
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(4) each primary election and runoff primary election | ||
if: | ||
(A) the county chair or county executive | ||
committee of each political party participating in a joint primary | ||
election under Section 172.126 agrees to the use of countywide | ||
polling places; or | ||
(B) the county chair or county executive | ||
committee of each political party required to nominate candidates | ||
by primary election agrees to use the same countywide polling | ||
places; and | ||
(5) each election of a political subdivision located | ||
in the county that is held jointly with an election described by | ||
Subdivision [ |
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(m) In adopting a methodology under Subsection (f), the | ||
county must ensure that: | ||
(1) each county commissioners precinct contains at | ||
least one countywide polling place; and | ||
(2) the total number of [ |
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commissioners precinct does not exceed more than twice the number | ||
of [ |
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another county commissioners precinct. | ||
SECTION 17. Section 52.070, Election Code, is amended by | ||
amending Subsections (a), (b) and (e) and adding Subsection (f) to | ||
read as follows: | ||
(a) A shape [ |
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of each candidate's name on a ballot. | ||
(b) Immediately below "OFFICIAL BALLOT," the following | ||
instruction shall be printed: "Vote for the candidate of your | ||
choice in each race by placing an 'X' or filling in the shape | ||
[ |
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(e) A shape [ |
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line provided for write-in voting under Section 52.066(c), but | ||
failure to place a mark in the shape [ |
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counting of a write-in vote. | ||
(f) Any variation from this instruction must be approved by | ||
the secretary of state. | ||
SECTION 18. Section 52.094(d), Election Code, is amended to | ||
read as follows: | ||
(d) The [ |
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provide [ |
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drawing to each candidate by: | ||
(1) written notice: | ||
(A) mailed to [ |
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candidate's application for a place on the ballot, not later than | ||
the fourth day before the date of the drawing; or | ||
(B) provided at the time the candidate files an | ||
application with the appropriate authority; | ||
(2) telephone, if a telephone number is provided on | ||
the candidate's application for a place on the ballot; or | ||
(3) e-mail, if an e-mail address is provided on the | ||
candidate's application for a place on the ballot. | ||
SECTION 19. Chapter 63, Election Code, is amended by adding | ||
Section 63.005 to read as follows: | ||
Sec. 63.005. CONFIRMING REGISTRATION STATUS OF VOTER. (a) | ||
If the name of a voter who is offering to vote is not on the precinct | ||
list of registered voters, an election officer may contact the | ||
voter registrar regarding the voter's registration status. | ||
(b) If the election officer determines the voter is a | ||
registered voter of the territory covered by the election but is | ||
offering to vote in the incorrect precinct, the election officer | ||
shall provide the correct precinct location information to the | ||
voter. | ||
(c) Notwithstanding Section 63.009, a voter shall be | ||
accepted for voting if the voter's identity has been verified from | ||
documentation as required by Section 63.001(b) and it can be | ||
determined from the voter registrar that: | ||
(1) the voter's registration was improperly canceled | ||
and has been reinstated under Section 16.037; | ||
(2) an error in the voter registration record caused | ||
the voter's name to not appear on the list of registered voters, and | ||
the error has been corrected under Section 15.022; or | ||
(3) the voter's name has been inadvertently left off | ||
the list of registered voters for the precinct. | ||
(d) After the voter is accepted under Subsection (c), an | ||
election officer shall enter the voter's name on the registration | ||
omissions list. | ||
(e) The voter shall be accepted for provisional voting under | ||
Section 63.011 if the election officer cannot determine that the | ||
voter is a registered voter of the territory covered by the election | ||
in which the voter is offering to vote. | ||
SECTION 20. Section 65.052, Election Code, is amended to | ||
read as follows: | ||
Sec. 65.052. DUTY OF VOTER REGISTRAR. The secretary of | ||
state shall prescribe procedures by which the voter registrar of | ||
the county in which a provisional ballot is cast shall provide | ||
assistance to the early voting ballot board in executing its | ||
authority under this subchapter. In an election described by | ||
Section 65.051(a-1), the procedures must allow for 10 [ |
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calendar days for the voter registrar to review a provisional | ||
voter's eligibility. | ||
SECTION 21. Subchapter B, Chapter 65, Election Code, is | ||
amended by adding Section 65.0581 to read as follows: | ||
Sec. 65.0581. PUBLIC INSPECTION OF PROVISIONAL VOTING | ||
RECORDS. Provisional voting records are not available for public | ||
inspection until the first business day after the date the early | ||
voting ballot board completes the verification and counting of | ||
provisional ballots under Section 65.051 and delivers the | ||
provisional ballots and other provisional voting records to the | ||
general custodian of election records. | ||
SECTION 22. Chapter 82, Election Code, is amended by adding | ||
Section 82.008 to read as follows: | ||
Sec. 82.008. INVOLUNTARY CIVIL COMMITMENT. A qualified | ||
voter is eligible for early voting by mail if, at the time the | ||
voter's early voting ballot application is submitted, the voter is | ||
a person who is civilly committed as a sexually violent predator | ||
under Chapter 841, Health and Safety Code, and is ordered as a | ||
condition of civil commitment to reside in a facility operated by or | ||
under contract with the Texas Civil Commitment Office. | ||
SECTION 23. Section 84.002(a), Election Code, is amended to | ||
read as follows: | ||
(a) An early voting ballot application must include: | ||
(1) the applicant's name and the address at which the | ||
applicant is registered to vote; | ||
(2) for an application for a ballot to be voted by mail | ||
on the ground of absence from the county of residence, the address | ||
outside the applicant's county of residence to which the ballot is | ||
to be mailed; | ||
(3) for an application for a ballot to be voted by mail | ||
on the ground of age or disability, the address of the hospital, | ||
nursing home or other long-term care facility, or retirement | ||
center, or of a person related to the applicant within the second | ||
degree by affinity or the third degree by consanguinity, as | ||
determined under Chapter 573, Government Code, if the applicant is | ||
living at that address and that address is different from the | ||
address at which the applicant is registered to vote; | ||
(4) for an application for a ballot to be voted by mail | ||
on the ground of confinement in jail, the address of the jail or of a | ||
person related to the applicant within the degree described by | ||
Subdivision (3); | ||
(5) for an application for a ballot to be voted by mail | ||
on any ground, an indication of each election for which the | ||
applicant is applying for a ballot; [ |
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(6) an indication of the ground of eligibility for | ||
early voting; and | ||
(7) for an application for a ballot to be voted by mail | ||
on the ground of involuntary civil commitment, the address of the | ||
facility operated by or under contract with the Texas Civil | ||
Commitment Office or of a person related to the applicant within the | ||
degree of consanguinity described by Subdivision (3). | ||
SECTION 24. Section 84.008(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as otherwise provided by this code, an [ |
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applicant for a ballot to be voted by mail may submit the | ||
application by delivering it in person to the early voting clerk if | ||
the application is submitted not later than the close of regular | ||
business in the clerk's office on the day before the first day of | ||
the period for early voting by personal appearance. | ||
SECTION 25. Section 84.011(a), Election Code, is amended to | ||
read as follows: | ||
(a) The officially prescribed application form for an early | ||
voting ballot must include: | ||
(1) immediately preceding the signature space the | ||
statement: "I certify that the information given in this | ||
application is true, and I understand that giving false information | ||
in this application is a crime."; | ||
(2) a statement informing the applicant of the | ||
offenses prescribed by Sections 84.003 and 84.004; | ||
(3) spaces for entering an applicant's voter | ||
registration number and county election precinct of registration, | ||
with a statement informing the applicant that failure to furnish | ||
that information does not invalidate the application; and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant applying on the | ||
ground of absence from the county of residence to indicate the date | ||
on or after which the applicant can receive mail at the address | ||
outside the county; | ||
(B) a space for indicating the fact that an | ||
applicant whose application is signed by a witness cannot make the | ||
applicant's mark and a space for indicating the relationship or | ||
lack of relationship of the witness to the applicant; | ||
(C) a space for entering an applicant's telephone | ||
number, with a statement informing the applicant that failure to | ||
furnish that information does not invalidate the application; | ||
(D) a space or box for an applicant applying on | ||
the ground of age or disability to indicate that the address to | ||
which the ballot is to be mailed is the address of a facility or | ||
relative described by Section 84.002(a)(3), if applicable; | ||
(E) a space or box for an applicant applying on | ||
the ground of confinement in jail or involuntary civil commitment | ||
to indicate that the address to which the ballot is to be mailed is | ||
the address of a relative described by Section 84.002(a)(4) or | ||
(a)(7), if applicable; | ||
(F) a space for an applicant applying on the | ||
ground of age or disability to indicate if the application is an | ||
application under Section 86.0015; | ||
(G) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(H) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 26. Section 85.007(d), Election Code, is amended to | ||
read as follows: | ||
(d) Any notice required under this section must also be | ||
posted: | ||
(1) on the Internet website of the authority ordering | ||
the election, if the authority maintains a website; and | ||
(2) for a primary election or the general election for | ||
state and county officers, by the secretary of state on the | ||
secretary's Internet website. | ||
SECTION 27. Section 85.062(d), Election Code, is amended to | ||
read as follows: | ||
(d) In a primary election, the general election for state | ||
and county officers, or a special election to fill a vacancy in the | ||
legislature or in congress: | ||
(1) the commissioners court of a county with a | ||
population of 400,000 or more shall establish one or more early | ||
voting polling places other than the main early voting polling | ||
place in each state representative district containing territory | ||
covered by the election, except that the polling place or places | ||
shall be established in the state senatorial or congressional | ||
district, as applicable, in a special election to fill a vacancy in | ||
the office of state senator or United States representative; | ||
(2) the commissioners court of a county with a | ||
population of 120,000 or more but less than 400,000 shall establish | ||
one or more early voting polling places other than the main early | ||
voting polling place in each commissioners precinct containing | ||
territory covered by the election; and | ||
(3) the early voting clerk [ |
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county with a population of 100,000 or more but less than 120,000 | ||
shall establish one or more early voting polling places as | ||
described by Subdivision (2) in each precinct for which the early | ||
voting clerk [ |
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compliance with Section 85.067 a written request for that action | ||
submitted by at least 15 registered voters of that precinct. | ||
SECTION 28. Section 86.0015(c), Election Code, is amended | ||
to read as follows: | ||
(c) In an election of a political subdivision located in a | ||
county in which the county clerk is not the early voting clerk, the | ||
county clerk shall provide the early voting clerk of the political | ||
subdivision that is holding the election a list of voters in the | ||
portion of the political subdivision located in the county who have | ||
ballot applications on file under this section along with copies of | ||
the applications submitted by those voters. The early voting clerk | ||
shall provide a ballot to be voted by mail to each voter on the list | ||
for whom the early voting clerk received a copy of an application | ||
submitted under this section. | ||
SECTION 29. Section 86.002(f), Election Code, is amended to | ||
read as follows: | ||
(f) The clerk shall include with the balloting materials: | ||
(1) a notice of the clerk's physical address for | ||
purposes of return by common or contract carrier or personal | ||
delivery in accordance with Section 86.006(a-1); and | ||
(2) the list of declared write-in candidates for the | ||
election, if applicable. | ||
SECTION 30. Sections 86.003(c) and (d), Election Code, are | ||
amended to read as follows: | ||
(c) The address to which the balloting materials must be | ||
addressed is the address at which the voter is registered to vote, | ||
or the registered mailing address if different, unless the ground | ||
for voting by mail is: | ||
(1) absence from the county of residence, in which | ||
case the address must be an address outside the voter's county of | ||
residence; | ||
(2) confinement in jail, in which case the address | ||
must be the address of the jail or of a relative described by | ||
Section 84.002(a)(4); [ |
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(3) age or disability and the voter is living at a | ||
hospital, nursing home or other long-term care facility, or | ||
retirement center, or with a relative described by Section | ||
84.002(a)(3), in which case the address must be the address of that | ||
facility or relative; or | ||
(4) involuntary civil commitment, in which case the | ||
address must be the address of the facility or of a relative | ||
described by Section 84.002(a)(7). | ||
(d) If the applicable address specified in a voter's | ||
application is an address other than that prescribed by Subsection | ||
(c) or subject to Section 86.002(a), the voter's application shall | ||
be rejected in accordance with Section 86.001(c). | ||
SECTION 31. Section 86.006(a-1), Election Code, is amended | ||
to read as follows: | ||
(a-1) The voter may deliver a marked ballot in person to the | ||
early voting clerk's office only while the polls are open during the | ||
early voting period or on election day. A voter who delivers a | ||
marked ballot in person must present an acceptable form of | ||
identification described by Section 63.0101. | ||
SECTION 32. Section 86.009(e), Election Code, is amended to | ||
read as follows: | ||
(e) A voter's defective ballot that is timely returned to | ||
the clerk as a marked ballot shall be treated as: | ||
(1) a marked ballot not timely returned if the | ||
corrected ballot is timely returned as a marked ballot by the close | ||
of the polls on election day; or | ||
(2) as the voter's ballot for the election if the | ||
corrected ballot is not timely returned by the close of the polls on | ||
election day. | ||
SECTION 33. Section 87.0222(a), Election Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 87.024, in an election | ||
conducted by an authority of a county with a population of 100,000 | ||
or more, or conducted jointly with such a county or conducted with | ||
such a county through a contract for election services, the jacket | ||
envelopes containing the early voting ballots voted by mail may be | ||
delivered to the board between the end of the ninth day before the | ||
last day of the period for early voting by personal appearance and | ||
the closing of the polls on election day, or as soon after closing | ||
as practicable, at the time or times specified by the presiding | ||
judge of the board. | ||
SECTION 34. Section 87.0241(b), Election Code, is amended | ||
to read as follows: | ||
(b) The board may not count early voting ballots until: | ||
(1) the polls open on election day; or | ||
(2) in an election conducted by an authority of a | ||
county with a population of 100,000 or more, or conducted jointly | ||
with such a county or conducted with such a county through a | ||
contract for election services, the end of the period for early | ||
voting by personal appearance. | ||
SECTION 35. Section 87.102(b), Election Code, is amended to | ||
read as follows: | ||
(b) Early voting ballots that are to be duplicated under | ||
this section [ |
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manner as damaged electronic system ballots that are duplicated for | ||
automatic counting. | ||
SECTION 36. Section 101.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 101.001. ELIGIBILITY. A person is eligible for early | ||
voting by mail as provided by this chapter if: | ||
(1) the person is qualified to vote in this state or, | ||
if not registered to vote in this state, would be qualified if | ||
registered; and | ||
(2) the person is: | ||
(A) a member of the armed forces of the United | ||
States, or the spouse or a dependent of a member; | ||
(B) a member of the merchant marine of the United | ||
States, or the spouse or a dependent of a member; | ||
(B-1) a member of the Texas National Guard or the | ||
National Guard of another state or a member of a reserve component | ||
of the armed forces of the United States serving on active duty | ||
under an order of the president of the United States or activated on | ||
state orders, or the spouse or dependent of a member; or | ||
(C) domiciled in this state but temporarily | ||
living outside the territorial limits of the United States and the | ||
District of Columbia. | ||
SECTION 37. Section 101.003(1), Election Code, is amended | ||
to read as follows: | ||
(1) "Federal postcard application" means an | ||
application for a ballot to be voted under this chapter submitted on | ||
the official federal form prescribed under the federal Uniformed | ||
and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections 20301 | ||
through 20311) [ |
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SECTION 38. Section 101.008, Election Code, is amended to | ||
read as follows: | ||
Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The | ||
secretary of state, in coordination with county [ |
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officials, shall implement an electronic free-access system by | ||
which a person eligible for early voting by mail under this chapter | ||
or Chapter 114 may determine by telephone, by e-mail, or over the | ||
Internet whether: | ||
(1) the person's federal postcard application or other | ||
registration or ballot application has been received and accepted; | ||
and | ||
(2) the person's ballot has been received and the | ||
current status of the ballot. | ||
SECTION 39. Sections 101.052(a-1) and (c), Election Code, | ||
are amended to read as follows: | ||
(a-1) A federal postcard application must be submitted by: | ||
(1) mail; [ |
||
(2) electronic transmission of an image of the | ||
application under procedures prescribed by the secretary of state; | ||
(3) in-person delivery in accordance with Section | ||
84.008; or | ||
(4) common or contract carrier. | ||
(c) An application is considered submitted in the following | ||
calendar year for purposes of this section if: | ||
(1) the applicant is eligible to vote in an election | ||
occurring in January or February of the next calendar year; and | ||
(2) the application is submitted in the last 60 days of | ||
a calendar year but not earlier than the 60th day before the date of | ||
the January or February election [ |
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SECTION 40. Section 101.054(c), Election Code, is amended | ||
to read as follows: | ||
(c) An application shall be treated as if it requests a | ||
ballot for a runoff election that results from an election for which | ||
a ballot is requested, including a runoff election that occurs in | ||
the next calendar year. | ||
SECTION 41. Section 101.056(a), Election Code, is amended | ||
to read as follows: | ||
(a) The balloting materials provided under this subchapter | ||
shall be airmailed to the voter free of United States postage, as | ||
provided by the federal Uniformed and Overseas Citizens Absentee | ||
Voting Act (52 U.S.C. Sections 20301 through 20311) [ |
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Balloting Material - via Airmail." The secretary of state shall | ||
provide early voting clerks with instructions on compliance with | ||
this subsection. | ||
SECTION 42. Section 101.057(b), Election Code, is amended | ||
to read as follows: | ||
(b) A ballot voted by a voter described by Section | ||
101.001(2)(A), [ |
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arrives at the address on the carrier envelope not later than the | ||
sixth day after the date of the election, except that if that date | ||
falls on a Saturday, Sunday, or legal state or national holiday, | ||
then the deadline is extended to the next regular business day. | ||
SECTION 43. Section 101.058, Election Code, is amended to | ||
read as follows: | ||
Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially | ||
prescribed carrier envelope for voting under this subchapter shall | ||
be prepared so that it can be mailed free of United States postage, | ||
as provided by the federal Uniformed and Overseas Citizens Absentee | ||
Voting Act (52 U.S.C. Sections 20301 through 20311) [ |
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Section 101.056(a) for the envelope in which the balloting | ||
materials are sent to a voter. The secretary of state shall provide | ||
early voting clerks with instructions on compliance with this | ||
section. | ||
SECTION 44. Section 101.102(b), Election Code, is amended | ||
to read as follows: | ||
(b) The early voting clerk shall grant a request made under | ||
this section for the e-mail transmission of balloting materials if: | ||
(1) the requestor has submitted a valid federal | ||
postcard application and: | ||
(A) if the requestor is a person described by | ||
Section 101.001(2)(C), has provided a current mailing address that | ||
is located outside the United States; or | ||
(B) if the requestor is a person described by | ||
Section 101.001(2)(A), [ |
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mailing address that is located outside the requestor's county of | ||
residence; | ||
(2) the requestor provides an e-mail address: | ||
(A) that corresponds to the address on file with | ||
the requestor's federal postcard application; or | ||
(B) stated on a newly submitted federal postcard | ||
application; | ||
(3) the request is submitted on or before the deadline | ||
prescribed by Section 84.007 [ |
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(4) a marked ballot for the election from the | ||
requestor has not been received by the early voting clerk. | ||
SECTION 45. Section 101.107(a), Election Code, is amended | ||
to read as follows: | ||
(a) A voter described by Section 101.001(2)(A), [ |
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(B-1) must be voting from outside the voter's county of | ||
residence. A voter described by Section 101.001(2)(C) must be | ||
voting from outside the United States. | ||
SECTION 46. Section 102.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 102.002. CONTENTS OF APPLICATION. An application for | ||
a late ballot must comply with the applicable provisions of Section | ||
84.002 and must include or be accompanied by a certificate of a | ||
licensed physician or chiropractor or accredited Christian Science | ||
practitioner in substantially the following form: | ||
"This is to certify that I know that __________ has a sickness | ||
or physical condition that will prevent him or her from appearing at | ||
the polling place for an election to be held on the __________ day | ||
of __________, 20 [ |
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assistance or of injuring his or her health and that the sickness or | ||
physical condition originated on or after __________. | ||
"Witness my hand at __________, Texas, this __________ day of | ||
__________, 20 [ |
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________________________________ | ||
(signature of physician, | ||
chiropractor, or practitioner)" | ||
SECTION 47. Section 113.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An | ||
application for a presidential ballot to be voted by mail must be | ||
submitted to the early voting clerk serving the county of the | ||
applicant's most recent registration to vote by the deadline | ||
prescribed by Section 84.007. | ||
SECTION 48. Section 141.032(g), Election Code, is amended | ||
to read as follows: | ||
(g) Except as otherwise provided by this code [ |
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(1) a candidate may not amend an application filed | ||
under Section 141.031; and | ||
(2) the authority with whom the application is filed | ||
may not accept an amendment to an application filed under Section | ||
141.031. | ||
SECTION 49. Section 141.034(a), Election Code, is amended | ||
to read as follows: | ||
(a) An application for a place on the ballot may not be | ||
challenged for compliance with the applicable requirements as to | ||
form, content, and procedure after the day before any ballot to be | ||
voted early by mail in the election for which the application is | ||
made is mailed [ |
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SECTION 50. The heading to Section 141.040, Election Code, | ||
is amended to read as follows: | ||
Sec. 141.040. NOTICE OF DEADLINES AND FILING METHODS. | ||
SECTION 51. Section 141.040, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) An authority may designate an e-mail address in the | ||
notice required by this section for the purpose of filing an | ||
application for a place on the ballot under Section 143.004. | ||
SECTION 52. Section 141.063, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The signer's residence address and registration address | ||
are not required to be the same if the signer would otherwise be | ||
able to vote for that office under Sections 11.004 or 112.002. | ||
SECTION 53. Chapter 141, Election Code, is amended by | ||
adding Subchapter D, and a heading is added to that subchapter to | ||
read as follows: | ||
SUBCHAPTER D. COERCION OF CANDIDACY | ||
SECTION 54. Section 2.054, Election Code, is transferred | ||
to Subchapter D, Chapter 141, Election Code, as added by this Act, | ||
redesignated as Section 141.101, Election Code, and amended to read | ||
as follows: | ||
Sec. 141.101 [ |
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PROHIBITED. (a) A [ |
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means of coercion the person influences or attempts to influence a | ||
person to: | ||
(1) not file an application for a place on the ballot | ||
or a declaration of write-in candidacy; or | ||
(2) withdraw as a candidate. | ||
(b) In this section, "coercion" has the meaning assigned by | ||
Section 1.07, Penal Code. | ||
(c) An offense under this section is a Class A misdemeanor | ||
unless the intimidation or coercion is a threat to commit a felony, | ||
in which event it is a felony of the third degree. | ||
SECTION 55. Section 143.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 143.004. APPLICATION REQUIRED. (a) Subject to | ||
Section 143.005, to be entitled to a place on the ballot, a | ||
candidate must make an application for a place on the ballot. | ||
(b) An application, other than an application required to be | ||
accompanied by fee or petition, may be filed through e-mail | ||
transmission of the completed application in a scanned format only | ||
if the filing authority designates an e-mail address for this | ||
purpose in the notice required under Section 141.040. | ||
SECTION 56. Section 144.003(a), Election Code, is amended | ||
to read as follows: | ||
(a) Except as otherwise provided by law, to be entitled to a | ||
place on the ballot, a candidate must make an application for a | ||
place on the ballot. An application, other than an application | ||
required to be accompanied by fee or petition, may be filed through | ||
e-mail transmission of the completed application in a scanned | ||
format only if the filing authority designates an e-mail address | ||
for this purpose in the notice required under Section 141.040. | ||
SECTION 57. Section 145.003, Election Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) This section does not apply to a challenge on an | ||
application under Section 141.034. | ||
SECTION 58. Section 192.033(d), Election Code, is amended | ||
to read as follows: | ||
(d) In conjunction with the certification required under | ||
Subsection (a), the secretary of state shall include appropriate | ||
ballot translation language, as applicable, for each language | ||
certified statewide or in a specific county by the director of the | ||
census under the federal Uniformed and Overseas Citizens Absentee | ||
Voting Act (52 U.S.C. Sections 20301 through 20311) [ |
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SECTION 59. Subchapter B, Chapter 201, Election Code, is | ||
amended by adding Section 201.030 to read as follows: | ||
Sec. 201.030. VACANCY RESULTING FROM RECALL ELECTION. For | ||
cities conducting recall elections, a vacancy in the officer's | ||
office occurs on the date of the final canvass of a successful | ||
recall election. | ||
SECTION 60. Section 203.004(b), Election Code, is amended | ||
to read as follows: | ||
(b) If the election is to be held as an emergency election, | ||
it shall be held on a Tuesday or Saturday occurring on or after the | ||
36th day and before the 64th [ |
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is ordered. | ||
SECTION 61. Section 212.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A | ||
recount document submitted under this title must: | ||
(1) be in writing; | ||
(2) identify the office or measure for which a recount | ||
is desired; | ||
(3) state the grounds for the recount; | ||
(4) state the side of the measure that the person | ||
requesting the recount represents, if applicable; | ||
(5) identify the election precincts, grouped by county | ||
or other appropriate territorial unit if the election involves more | ||
than one local canvassing authority, for which a recount is desired | ||
and must indicate the method of voting used in each precinct; | ||
(6) be signed by: | ||
(A) the person requesting the recount or, if | ||
there is more than one, any one or more of them; or | ||
(B) an agent of the person requesting the | ||
recount; | ||
(7) state each requesting person's name, residence | ||
address, and, if authorization to obtain the recount is based on | ||
eligibility to vote in the election, voter registration number, and | ||
county of registration if the election covers territory in more | ||
than one county; | ||
(8) designate an agent who is a resident of this state | ||
to receive notice under this title on behalf of the person | ||
requesting the recount if: | ||
(A) the person requesting the recount is not a | ||
resident of this state; or | ||
(B) there is more than one person requesting the | ||
recount; | ||
(9) state the mailing address and at least one | ||
telephone number, if any, at which the person requesting the | ||
recount or an agent, identified by name, may receive notice given | ||
under this title; | ||
(10) state the mailing address, e-mail address, if | ||
any, and at least one telephone number, if any, at which the | ||
opposing candidates for the office or their agents, identified by | ||
name, may receive notice given under this title; and | ||
(11) be accompanied by a deposit as provided by | ||
Subchapter E. | ||
SECTION 62. Section 212.002(b), Election Code, is amended | ||
to read as follows: | ||
(b) The designation is not effective unless the document | ||
states the designee's name, address, e-mail address, if any, and | ||
telephone number, if any. | ||
SECTION 63. Section 212.028(a), Election Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), a petition for an | ||
initial recount must be submitted by [ |
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[ |
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[ |
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canvassing authority to whose presiding officer the petition must | ||
be submitted completes its canvass of the original election | ||
returns. | ||
SECTION 64. Section 212.031(a), Election Code, is amended | ||
to read as follows: | ||
(a) If a recount petition complies with the applicable | ||
requirements, the recount coordinator shall approve the petition | ||
and note on the petition its approved status and the date of the | ||
approval. The recount coordinator shall immediately notify the | ||
recount supervisor of the approval. The recount supervisor shall, | ||
with the written approval of the recount coordinator, order the | ||
recount to be held on the earlier of [ |
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comply with the applicable requirements or the day after all | ||
ballots have been delivered to the general custodian of election | ||
records. | ||
SECTION 65. Section 212.083, Election Code, is amended to | ||
read as follows: | ||
Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The | ||
deadline for submitting a recount petition under this subchapter is | ||
[ |
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[ |
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[ |
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local canvass. | ||
SECTION 66. Section 212.112, Election Code, is amended to | ||
read as follows: | ||
Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount | ||
deposit is: | ||
(1) $60 for each of the entity's election day polling | ||
places [ |
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(2) $100 for each of the entity's election day polling | ||
places [ |
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SECTION 67. Section 216.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes | ||
of initiating an automatic recount, the authority designated under | ||
Section 212.026 shall order the recount [ |
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SECTION 68. Section 272.009, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) To be eligible to serve as a clerk under this section, a | ||
person must: | ||
(1) be a qualified voter of the state and satisfy any | ||
additional eligibility requirements prescribed by written order of | ||
the commissioners court; or | ||
(2) meet the eligibility requirements of a student | ||
election clerk under Section 32.0511. | ||
SECTION 69. Section 277.0024, Election Code, is amended to | ||
read as follows: | ||
Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. (a) Except | ||
as provided by Subsection (b), if [ |
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signatures required for a petition is determined by a computation | ||
applied to the number of registered voters of a particular | ||
territory, voters whose names appear on the list of registered | ||
voters with the notation "S", or a similar notation, shall be | ||
excluded from the computation. | ||
(b) The signature of a voter whose name appears on the list | ||
of registered voters with the notation "S", or a similar notation, | ||
is considered valid if the voter: | ||
(1) is otherwise eligible to vote in the territory; | ||
and | ||
(2) provides a residence address located in the | ||
territory. | ||
SECTION 70. (a) The following provisions of the Election | ||
Code are repealed: | ||
(1) Section 31.099(b); | ||
(2) Section 42.061(c); | ||
(3) Section 84.008(b); | ||
(4) Section 87.101; | ||
(5) Section 105.002; and | ||
(6) Section 145.092(e). | ||
(b) Section 5, Chapter 404 (H.B. 25), Acts of the 85th | ||
Legislature, Regular Session, 2017, which amended Section | ||
105.002(c), Election Code, is repealed. | ||
SECTION 71. This Act takes effect September 1, 2019. | ||
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