bill rewriting a batch of election procedures

The text as introduced · 2,904 words

89R7646 MPF-D

By: Bettencourt
S.B. No. 2975

A BILL TO BE ENTITLED

AN ACT

relating to certain election practices and procedures; increasing a

criminal penalty; providing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.002(c), Election Code, is amended to

read as follows:

(c) A registration application must include:

(1) the applicant's first name, middle name, if any,

last name, and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States

citizen;

(4) a statement that the applicant is a resident of the

county;

(5) a statement that the applicant has not been

determined by a final judgment of a court exercising probate

jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the

right to vote;

(6) a statement that the applicant has not been

finally convicted of a felony or that the applicant is a felon

eligible for registration under Section 13.001;

(7) the applicant's residence address or, if the

residence has no address : [ , ]

(A) the address at which the applicant receives

mail ;

(B) [ and ] a concise description of the location

of the applicant's residence; and

(C) a statement that the applicant's residence

has no address;

(8) the following information:

(A) the applicant's Texas driver's license number

or the number of a personal identification card issued by the

Department of Public Safety;

(B) if the applicant has not been issued a number

described by Paragraph (A), the last four digits of the applicant's

social security number; or

(C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B);

(9) if the application is made by an agent, a statement

of the agent's relationship to the applicant; and

(10) the city and county in which the applicant

formerly resided.

SECTION 2. Section 31.037(a), Election Code, is amended to

read as follows:

(a) The employment of the county elections administrator

may be suspended, with or without pay, or terminated at any time for

good and sufficient cause on the three-fifths [ four-fifths ] vote of

the county election commission and approval of that action by a

majority vote of the commissioners court.

SECTION 3. Section 31.043, Election Code, is amended to

read as follows:

Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. (a) The

county elections administrator shall perform:

(1) the duties and functions of the voter registrar;

(2) the duties and functions placed on the county

clerk by this code;

(3) the duties and functions relating to elections

that are placed on the county clerk by statutes outside this code,

subject to Section 31.044; and

(4) the duties and functions placed on the

administrator under Sections 31.044 and 31.045.

(b) The county elections administrator is a nonvoting

member of the county election commission and the county election

board.

SECTION 4. Subchapter B, Chapter 31, Election Code, is

amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and

31.0435 to read as follows:

Sec. 31.0431. REPORT TO COUNTY ELECTION COMMISSION: VOTE BY

MAIL. Not later than the 30th day after the final canvass of an

election is completed, the county elections administrator shall

provide a report to the county election commission that includes

the following information pertaining to voting by mail:

(1) the number of applications for a ballot to be voted

by mail submitted and the number of applications rejected;

(2) the number of official ballots to be voted by mail:

(A) provided to an applicant;

(B) returned by an applicant;

(C) returned undelivered by the United States

Postal Service;

(D) delivered to the early voting ballot board or

signature verification committee;

(E) for which the voters were accepted by the

early voting ballot board, including accepted voters whose jacket

envelopes were empty, contained the wrong ballot, or contained

multiple ballots; and

(F) for which the voters were rejected by the

early voting ballot board;

(3) the number of limited ballots to be voted by mail

submitted by an applicant; and

(4) the number of ballots voted by mail:

(A) delivered to the central counting station;

(B) duplicated at the central counting station;

and

(C) tabulated by the central counting station.

Sec. 31.0432. REPORT TO COUNTY ELECTION COMMISSION: EARLY

VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the

final canvass of an election is completed, the county elections

administrator shall provide a report to the county election

commission that includes the following information pertaining to

each day of early voting by personal appearance:

(1) the number of persons accepted to vote using a

limited ballot and the number of limited ballots cast;

(2) the number of:

(A) voters accepted to vote at each polling

place, including accepted voters who did not cast a vote;

(B) votes cast at each polling place and in each

election precinct;

(C) voters accepted to vote a provisional ballot;

(D) provisional ballot affidavits accepted at

each polling place;

(E) requests for cancellation of an application

for a ballot to be voted by mail received by each polling place;

(F) spoiled ballots at each polling place;

(G) marked ballots deposited in a location other

than a ballot box;

(H) polling places where 25 percent or more of

the election officers were not available to work at the polling

place for more than one hour at a time;

(I) polling places where a seal on a ballot box or

voting equipment did not match the documentation or was broken; and

(J) polling places that were not able to

reconcile every voter against the record of votes cast, including

the number of polling places where the discrepancy exceeded two

votes cast;

(3) the allocation of voting equipment and election

officials for each polling place; and

(4) the number of ballots cast during early voting by

personal appearance that were duplicated by the central counting

station.

Sec. 31.0433. REPORT TO COUNTY ELECTION COMMISSION:

ELECTION DAY. Not later than the 30th day after the final canvass of

an election is completed, the county elections administrator shall

provide a report to the county election commission that includes

the following information pertaining to election day:

(1) the number of:

(A) voters accepted to vote at each polling

place, including accepted voters who did not cast a vote;

(B) votes cast at each polling place and in each

election precinct;

(C) voters accepted to vote a provisional ballot;

(D) provisional ballot affidavits accepted at

each polling place;

(E) requests for cancellation of an application

for a ballot to be voted by mail received by each polling place;

(F) spoiled ballots at each polling place; and

(G) marked ballots deposited in a location other

than a ballot box;

(2) the allocation of voting equipment and election

officials for each polling place;

(3) the number of polling places on election day that:

(A) opened at least 10 minutes late due to the

malfunction of voting system equipment or a lack of election

supplies;

(B) closed for more than 30 minutes during voting

hours;

(C) had 25 percent or more of the voting machines

not functioning for at least 30 minutes during voting hours;

(D) had 50 percent or more of the scanning

equipment not functioning for at least 30 minutes during voting

hours;

(E) did not have a sufficient supply of ballots,

including from a shortage, having the wrong size paper for the

voting system, or any other malfunction limiting a person's ability

to vote as authorized under this code;

(F) did not print the tape showing each voting

machine counter was set to zero prior to opening the polls for

voting;

(G) failed to properly prepare the precinct

returns under Section 65.014;

(H) had 25 percent or more of the election

officers not available to work at the polling place for more than

one hour at a time;

(I) had a seal on a ballot box or voting equipment

that did not match the documentation or was broken; and

(J) were not able to reconcile every voter

against the record of votes cast, including the number of polling

places where the discrepancy exceeded two votes cast;

(4) the number of ballots cast on election day that

were duplicated by the central counting station; and

(5) the number of times a presiding judge delivered

the election returns but did not receive a chain of custody

document.

Sec. 31.0434. REPORT TO COUNTY ELECTION COMMISSION:

ADDITIONAL ELECTION INFORMATION. Not later than the 30th day after

the final canvass of an election is completed, the county elections

administrator shall provide a report to the county election

commission that includes the following information pertaining to an

election conducted in the county:

(1) the number of suspense voters in the county;

(2) the number of statements of residence completed at

each polling place;

(3) a reconciliation of:

(A) every election precinct in the county on the

number of registered voters and the number of votes cast;

(B) every data storage device assigned to a

polling place or to ballots to be voted by mail and its inclusion on

audit documentation; and

(C) the number of votes on each results tape and

the total number of votes cast; and

(4) an inventory of election records with container

labels, including a list of the contents in each container.

Sec. 31.0435. COUNTY ELECTION COMMISSION REVIEW OF REPORTS.

(a) The county election commission shall review reports provided by

the county elections administrator under Sections 31.0431,

31.0432, 31.0433, and 31.0434.

(b) Not later than the 30th day after receiving the reports,

the county election commission shall provide recommendations to the

county elections administrator based on the provided reports.

(c) During the next countywide election, the county

election commission shall monitor the county elections

administrator to determine whether the administrator is following

the recommendations provided by the commission under Subsection

(b).

SECTION 5. Section 43.031, Election Code, is amended by

adding Subsection (f) to read as follows:

(f) If the entity that owns or controls a public building

selected for a polling place under this section is a school district

and fails to make the building available in accordance with

Subsection (c), the district may not designate the building as a

polling place for an election for the board of trustees or for a

school district bond election until after the fifth anniversary of

the date of the election in which the district failed to comply with

this section.

SECTION 6. Section 65.014(e), Election Code, is amended to

read as follows:

(e) An offense under Subsection (d) is a Class A [ B ]

misdemeanor.

SECTION 7. Section 65.053, Election Code, is amended to

read as follows:

Sec. 65.053. DELIVERY OF PROVISIONAL BALLOTS. (a) The

presiding judge of an election precinct shall deliver in person to

the general custodian of election records the box containing each

envelope containing a provisional ballot that was cast in the

precinct. The secretary of state shall prescribe procedures by

which the early voting ballot board may have access to the

provisional ballots as necessary to implement this subchapter.

(b) The presiding judge of an election precinct shall daily

prepare a notice of the number of provisional ballots delivered to

the general custodian of election records under Subsection (a) and

deliver the notice to, as applicable:

(1) the central counting station;

(2) the counting station designated under Section

127.001(b); or

(3) the early voting ballot board.

SECTION 8. Section 66.052, Election Code, is amended to

read as follows:

Sec. 66.052. DELIVERY BY ELECTION CLERK. (a) Subject to

Subsection (b), a [ A ] delivery of election records or supplies that

is to be performed by the presiding judge may be performed by an

election clerk designated by the presiding judge.

(b) A presiding judge may only designate an election clerk

under Subsection (a) who has served with the presiding judge at the

same polling place for at least four hours before the designation.

SECTION 9. Section 66.055, Election Code, is amended to

read as follows:

Sec. 66.055. FAILURE TO DELIVER [ JUDICIAL IMPOUNDMENT OF ]

ELECTION RECORDS. (a) If the precinct election records are not

delivered by the deadline prescribed by Section 66.053(c) :

(1) the secretary of state may supervise the

activities necessary to complete the count, prepare the precinct

returns, and distribute the records; or

(2) [ , ] on application by a member of the canvassing

authority, a district judge shall order the precinct election

records to be impounded.

(b) If the precinct election records are impounded under

Subsection (a)(2), the [ The ] district judge shall supervise the

activities necessary to complete the count, prepare the precinct

returns, and distribute the records.

SECTION 10. Section 67.007, Election Code, is amended by

adding Subsections (d-1) and (d-2) to read as follows:

(d-1) The secretary of state shall post the county returns

on the secretary of state's Internet website, organized by

precinct. Not later than 24 hours after the secretary of state posts

the county returns, the county clerk shall verify that the county

returns on the secretary of state's Internet website accurately

reflect the precinct returns delivered to the county clerk.

(d-2) The secretary of state shall compare the county

returns with the corresponding local election register. If a

discrepancy is discovered between the vote totals shown on the

returns and those shown on the register, the secretary of state

shall examine the returns and register and make the necessary

corrections on the returns.

SECTION 11. Section 86.011(b), Election Code, is amended to

read as follows:

(b) If the return is timely, the clerk shall enter the time

and date of receipt on the carrier envelope and enclose the carrier

envelope and the voter's early voting ballot application in a

jacket envelope. The clerk shall also include in the jacket

envelope:

(1) a copy of the voter's federal postcard application

if the ballot is voted under Chapter 101; and

(2) the signature cover sheet, if the ballot is voted

under Chapter 105.

SECTION 12. Section 127.126, Election Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (g) to

read as follows:

(a) The manager of a central counting station may have

ballots duplicated for automatic counting as provided by this

section. The manager shall designate teams of two election

officers to prepare the duplicate ballots. Each officer on the team

must be aligned or affiliated with a different political party

unless there are not two or more election officers serving the

central counting station who are aligned with different parties.

(a-1) The election officers designated under Subsection (a)

shall prepare a duplicate ballot by having one officer announce the

name of the candidate and the other officer mark the ballot with the

name of that candidate. Each duplicate ballot must be

independently reviewed by a second team of two election officers,

each of whom is aligned or affiliated with a different political

party as described by Subsection (a).

(g) The manager of a central counting station shall post the

time that ballots will be duplicated to ensure that poll watchers

are able to observe the activity under this section.

SECTION 13. Section 127.351(c), Election Code, is amended

to read as follows:

(c) Except as provided by Section 127.352, a [ A ] county

selected to be audited may not be required to pay the cost of

performing an audit under this section.

SECTION 14. Subchapter J, Chapter 127, Election Code, is

amended by adding Section 127.352 to read as follows:

Sec. 127.352. COOPERATION BY COUNTY. (a) The secretary of

state may request that a county selected under Section 127.351

provide to the secretary of state as necessary to complete an audit

under this subchapter:

(1) records or other documents in the possession of

the county; and

(2) the assistance of county employees.

(b) A county selected under Section 127.351 shall comply

with a request made under Subsection (a) not later than the 14th day

after the request is made.

(c) The secretary of state may assess an administrative

penalty of not more than $500 per day for each day the county fails

or refuses to comply with a request under Subsection (a), beginning

the 14th day after the request is made and ending the day the county

complies with the request.

SECTION 15. (a) The change in law made by this Act in

amending Section 65.014(e), Election Code, applies only to an

offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

(b) Section 127.351(c), Election Code, as amended by this

Act, and Section 127.352, Election Code, as added by this Act, apply

only to an audit initiated under Subchapter J, Chapter 127,

Election Code, as amended by this Act, on or after the effective

date of this Act. An audit initiated before the effective date of

this Act is governed by the law in effect immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 16. This Act takes effect September 1, 2025.