CSSB 9 (86R 33408)

By:AA_Hughes______________ _S_.B.ANo.
A_9___
Substitute the following for _S_.B.ANo.A_9___:
By:AA____________________ C.S._S_.B.ANo.A_9___
A BILL TO BE ENTITLED
1 AN ACT
2 relating to election integrity; increasing criminal penalties;
3 creating criminal offenses; creating civil penalties.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 ARTICLE 1. CRIMINAL PROVISIONS
6 SECTIONA1.01.AAArticle 12.01, Code of Criminal Procedure, is
7 amended to read as follows:
8 Art.A12.01.AAFELONIES. Except as provided in Article 12.03,
9 felony indictments may be presented within these limits, and not
10 afterward:
11 (1)AAno limitation:
12 (A)AAmurder and manslaughter;
13 (B)AAsexual assault under Section 22.011(a)(2),
14 Penal Code, or aggravated sexual assault under Section
15 22.021(a)(1)(B), Penal Code;
16 (C)AAsexual assault, if:
17 (i)AAduring the investigation of the offense
18 biological matter is collected and subjected to forensic DNA
19 testing and the testing results show that the matter does not match
20 the victim or any other person whose identity is readily
21 ascertained; or
22 (ii)AAprobable cause exists to believe that
23 the defendant has committed the same or a similar sexual offense
24 against five or more victims;
86R33408 ADM-F 1
1 (D)AAcontinuous sexual abuse of young child or
2 children under Section 21.02, Penal Code;
3 (E)AAindecency with a child under Section 21.11,
4 Penal Code;
5 (F)AAan offense involving leaving the scene of an
6 accident under Section 550.021, Transportation Code, if the
7 accident resulted in the death of a person;
8 (G)AAtrafficking of persons under Section
9 20A.02(a)(7) or (8), Penal Code;
10 (H)AAcontinuous trafficking of persons under
11 Section 20A.03, Penal Code; or
12 (I)AAcompelling prostitution under Section
13 43.05(a)(2), Penal Code;
14 (2)AAten years from the date of the commission of the
15 offense:
16 (A)AAtheft of any estate, real, personal or mixed,
17 by an executor, administrator, guardian or trustee, with intent to
18 defraud any creditor, heir, legatee, ward, distributee,
19 beneficiary or settlor of a trust interested in such estate;
20 (B)AAtheft by a public servant of government
21 property over which he exercises control in his official capacity;
22 (C)AAforgery or the uttering, using or passing of
23 forged instruments;
24 (D)AAinjury to an elderly or disabled individual
25 punishable as a felony of the first degree under Section 22.04,
26 Penal Code;
27 (E)AAsexual assault, except as provided by
86R33408 ADM-F 2
1 Subdivision (1);
2 (F)AAarson;
3 (G)AAtrafficking of persons under Section
4 20A.02(a)(1), (2), (3), or (4), Penal Code; or
5 (H)AAcompelling prostitution under Section
6 43.05(a)(1), Penal Code;
7 (3)AAseven years from the date of the commission of the
8 offense:
9 (A)AAmisapplication of fiduciary property or
10 property of a financial institution;
11 (B)AAsecuring execution of document by deception;
12 (C)AAa felony violation under Chapter 162, Tax
13 Code;
14 (D)AAfalse statement to obtain property or credit
15 under Section 32.32, Penal Code;
16 (E)AAmoney laundering;
17 (F)AAcredit card or debit card abuse under Section
18 32.31, Penal Code;
19 (G)AAfraudulent use or possession of identifying
20 information under Section 32.51, Penal Code;
21 (H)AAexploitation of a child, elderly individual,
22 or disabled individual under Section 32.53, Penal Code;
23 (I)AAMedicaid fraud under Section 35A.02, Penal
24 Code; or
25 (J)AAbigamy under Section 25.01, Penal Code,
26 except as provided by Subdivision (6);
27 (4)AAfive years from the date of the commission of the
86R33408 ADM-F 3
1 offense:
2 (A)AAtheft or robbery;
3 (B)AAexcept as provided by Subdivision (5),
4 kidnapping or burglary;
5 (C)AAinjury to an elderly or disabled individual
6 that is not punishable as a felony of the first degree under Section
8 (D)AAabandoning or endangering a child; [or]
9 (E)AAinsurance fraud; or
10 (F)AAa felony offense under the Election Code;
11 (5)AAif the investigation of the offense shows that the
12 victim is younger than 17 years of age at the time the offense is
13 committed, 20 years from the 18th birthday of the victim of one of
14 the following offenses:
15 (A)AAsexual performance by a child under Section
17 (B)AAaggravated kidnapping under Section
18 20.04(a)(4), Penal Code, if the defendant committed the offense
19 with the intent to violate or abuse the victim sexually; or
20 (C)AAburglary under Section 30.02, Penal Code, if
21 the offense is punishable under Subsection (d) of that section and
22 the defendant committed the offense with the intent to commit an
23 offense described by Subdivision (1)(B) or (D) of this article or
24 Paragraph (B) of this subdivision;
25 (6)AAten years from the 18th birthday of the victim of
26 the offense:
27 (A)AAtrafficking of persons under Section
86R33408 ADM-F 4
1 20A.02(a)(5) or (6), Penal Code;
2 (B)AAinjury to a child under Section 22.04, Penal
3 Code; or
4 (C)AAbigamy under Section 25.01, Penal Code, if
5 the investigation of the offense shows that the person, other than
6 the legal spouse of the defendant, whom the defendant marries or
7 purports to marry or with whom the defendant lives under the
8 appearance of being married is younger than 18 years of age at the
9 time the offense is committed; or
10 (7)AAthree years from the date of the commission of the
11 offense: all other felonies.
12 SECTIONA1.02.AASection 1.018, Election Code, is amended to
13 read as follows:
14 Sec.A1.018.AAAPPLICABILITY OF PENAL CODE. Titles 1 through 4
15 [In addition to Section 1.03, Penal Code, and to other titles of the
16 Penal Code that may apply to this code, Title 4], Penal Code, apply
17 [applies] to offenses prescribed by this code.
18 SECTIONA1.03.AASections 13.007(b) and (c), Election Code,
19 are amended to read as follows:
20 (b)AAAn offense under this section is a state jail felony
21 [Class B misdemeanor].
22 (c)AAIf conduct that constitutes an offense under this
23 section also constitutes an offense under other law, the actor may
24 be prosecuted under this section, the other law, or both. [For
25 purposes of this code, an offense under this section is considered
26 to be perjury, but may be prosecuted only under this section.]
27 SECTIONA1.04.AASubchapter A, Chapter 61, Election Code, is
86R33408 ADM-F 5
1 amended by adding Section 61.0045 to read as follows:
2 Sec.A61.0045.AAIMPEDING ACCESS TO POLLING PLACE. (a)AAA
3 person commits an offense if the person impedes a walkway,
4 sidewalk, parking lot, or roadway within 100 feet of a polling place
5 in a manner that hinders a person from entering the polling place.
6 (b)AAAn offense under this section is a Class B misdemeanor.
7 (c)AAIt is a defense to prosecution under this section that
8 at the time of the offense, the person was performing an official
9 duty as a first responder.
10 (d)AAIn this section, "first responder" has the meaning
11 assigned by Section 421.095, Government Code.
14 Sec.A64.0101.AAUNLAWFULLY TAKING BALLOT. (a)AAA person
15 commits an offense if the person takes from a voter without the
16 voter ’s permission a ballot that was provided at the polling place
17 to the voter.
18 (b)AAAn offense under this section is a Class B misdemeanor,
19 unless the person is serving as a watcher under Subchapter A,
20 Chapter 33, at the time of the offense, in which case it is a Class A
21 misdemeanor.
22 (c)AAIt is a defense to prosecution under this section that
23 the person was an election officer performing an official duty at
24 the time the person took the ballot.
25 SECTIONA1.06.AASection 64.012, Election Code, is amended by
26 adding Subsections (c), (d), and (e) to read as follows:
27 (c)AAIt is sufficient for the purposes of Subsection (a)(1)
86R33408 ADM-F 6
1 to establish that the person had knowledge of the person ’s
2 ineligibility to vote if the person was aware of the facts or
3 circumstances causing the person ’s ineligibility under this code.
4 (d)AAIt is not a defense to prosecution that the ballot was
5 not finally counted.
6 (e)AAIt is an affirmative defense to prosecution under
7 Subsection (a)(1) that the voter cast or attempted to cast a
8 provisional ballot.
9 SECTIONA1.07.AASection 64.036(d), Election Code, is amended
10 to read as follows:
11 (d)AAAn offense under this section is a state jail felony
12 [Class A misdemeanor].
14 amended by adding Sections 125.0041 and 125.011 to read as follows:
15 Sec.A125.0041.AAVOTING SYSTEM PROCEDURES BEFORE OPENING
16 POLLING PLACE; CRIMINAL OFFENSE. (a) Before opening the polls for
17 voting, the presiding election judge shall confirm that each voting
18 machine has any public counter reset to zero and shall print the
19 tape that shows the counter was set to zero.
20 (b)AAEach election judge present shall sign a tape printed
21 under Subsection (a). A representative from each political party
22 required to nominate candidates by primary election, if present at
23 the polling place, shall sign a tape printed under Subsection (a).
24 (c)AAThe commissioners court of a county that participates in
25 the countywide polling place program under Section 43.007 may apply
26 to the secretary of state for a waiver of the requirements of
27 Subsections (a) and (b) in a form prescribed by the secretary of
86R33408 ADM-F 7
1 state. If the secretary of state grants the waiver, Subsections (a)
2 and (b) do not apply to the county for which the waiver was granted.
3 (d)AAA presiding election judge commits an offense if the
4 judge is required to comply with Subsection (a) and fails to comply
5 with the requirements of that subsection. An offense under this
6 section is a Class B misdemeanor.
7 Sec.A125.011.AAVOTING SYSTEM PROCEDURES FOR CLOSING POLLING
8 PLACE; CRIMINAL OFFENSE. (a) Before closing the polling place on
9 election day, the presiding judge shall verify and document the
10 number on the public counter of each voting machine and shall print
11 a minimum of three copies of each tally tape. The presiding judge
12 shall sign each copy to certify its accuracy and distribute the
13 tapes in accordance with this code.
14 (b)AAAny watcher present at the polling place must be allowed
15 to inspect and sign each copy of the tally tape, and may request an
16 additional copy to be printed for the watcher ’s records.
17 (c)AAThe requirements of this section must be completed
18 before any voting system equipment is removed from the polling
19 place.
20 (d)AAThe commissioners court of a county that participates in
21 the countywide polling place program under Section 43.007 may apply
22 to the secretary of state for a waiver of the requirements of
23 Subsections (a) and (b) in a form prescribed by the secretary of
24 state. If the secretary of state grants the waiver, Subsections (a)
25 and (b) do not apply to the county for which the waiver was granted.
26 (e)AAA presiding judge commits an offense if the judge is
27 required to comply with Subsections (a) and (b) and fails to comply
86R33408 ADM-F 8
1 with those subsections. An offense under this subsection is a Class
2 B misdemeanor.
5 Sec.A273.005.AADEFENSE TO PROSECUTION FOR PERSON CONDUCTING
6 INVESTIGATION UNDER THIS CODE. (a) It is a defense to prosecution
7 of an offense under this code that a person employed by a law
8 enforcement agency in the commission of the offense is engaged in:
9 (1)AAthe investigation or prosecution of a violation of
10 a law under this code; or
11 (2)AAofficial activities investigating a weakness in
12 the electoral process.
13 (b)AASubsection (a) does not apply to a person employed by a
14 law enforcement agency that engages in an activity described in
15 Subsection (a) that results in casting a vote for an eligible
16 candidate or for or against a measure.
18 amending Subsection (b) and adding Subsection (c) to read as
19 follows:
20 (b)AAExcept as provided by Subsection (c), an [An] offense
21 under this section is a felony of the third degree.
22 (c)AAAn offense under Subsection (a)(1) is a felony of the
23 second degree if the person is serving as a watcher under Subchapter
24 A, Chapter 33, at the time of the offense.
25 SECTIONA1.11.AA(a)AAThe change in law made by this article in
26 amending Article 12.01, Code of Criminal Procedure, does not apply
27 to an offense if the prosecution of that offense becomes barred by
86R33408 ADM-F 9
1 limitation before the effective date of this Act. The prosecution
2 of that offense remains barred as if this article had not taken
3 effect.
4 (b)AAThe changes in law made by this article apply only to an
5 offense committed on or after the effective date of this Act. An
6 offense committed before the effective date of this Act is governed
7 by the law in effect on the date the offense was committed, and the
8 former law is continued in effect for that purpose. For purposes of
9 this section, an offense was committed before the effective date of
10 this Act if any element of the offense occurred before that date.
11 ARTICLE 2. VOTERS, ASSISTANTS, AND WATCHERS
13 adding Subsection (c-1) to read as follows:
14 (c-1)AAAn application may not be accepted if, at the time the
15 applicant received the application, a box on the application was
16 marked to indicate that the applicant:
17 (1)AAis a United States citizen; or
18 (2)AAwill be 18 years of age or older on election day.
19 SECTIONA2.02.AASection 33.004(b), Election Code, is amended
21 (b)AATo be eligible to participate in the appointment under
22 this section of a watcher for a precinct polling place, a person
23 must be a registered voter of the precinct. To be eligible to
24 participate in the appointment under this section of a watcher for
25 an early voting polling place, the meeting place of an early voting
26 ballot board or signature verification committee, or a central
27 counting station, a person must be a registered voter of the
86R33408 ADM-F 10
1 territory served by that facility.
4 (b)AAA certificate of appointment must:
5 (1)AAbe in writing and signed by the appointing
6 authority or, for an appointment for a write-in candidate under
7 Section 33.004, by each of the voters making the appointment;
8 (2)AAindicate the capacity in which the appointing
9 authority is acting;
10 (3)AAstate the name, residence address, and voter
11 registration number of the appointee and be signed by the
12 appointee;
13 (4)AAidentify the election and the precinct polling
14 place or other location at which the appointee is to serve;
15 (5)AAin an election on a measure, identify the measure
16 if more than one is to be voted on and state which side of the
17 measure the appointee represents; and
18 (6)AAcontain an affidavit executed by the appointee
19 stating that the appointee will not use [have possession of] a
20 device capable of recording images or sound [or that the appointee
21 will disable or deactivate the device] while serving as a watcher
22 except as permitted by Section 61.014(b).
23 SECTIONA2.04.AASection 33.007(a), Election Code, is amended
25 (a)AAEach appointing authority may appoint not more than two
26 watchers for each precinct polling place, meeting place for an
27 early voting ballot board or signature verification committee, or
86R33408 ADM-F 11
1 central counting station involved in the election.
4 (a)AAA watcher appointed to serve at a precinct polling
5 place, a meeting place for an early voting ballot board or signature
6 verification committee, or a central counting station must deliver
7 a certificate of appointment to the presiding judge at the time the
8 watcher reports for service. A watcher appointed to serve at an
9 early voting polling place must deliver a certificate of
10 appointment to the early voting clerk or deputy clerk in charge of
11 the polling place when the watcher first reports for service.
13 read as follows:
14 Sec.A33.054.AAHOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
15 MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a)AAA
16 watcher serving at the meeting place of an early voting ballot board
17 or signature verification committee may be present at any time the
18 board or committee is processing or counting ballots and until the
19 board or committee completes its duties. The watcher may serve
20 during the hours the watcher chooses, except as provided by
21 Subsection (b).
22 (b)AAA watcher serving at the meeting place of an early
23 voting ballot board may not leave during voting hours on election
24 day without the presiding judge ’s permission if the board has
25 recorded any votes cast on voting machines or counted any ballots,
26 unless the board has completed its duties and has been dismissed by
27 the presiding judge.
86R33408 ADM-F 12
2 adding Subsection (e) to read as follows:
3 (e)AAA watcher serving at the meeting place of an early
4 voting ballot board or signature verification committee is entitled
5 to inspect a form submitted in accordance with Section 64.0322.
8 (a)AAOn request of a watcher, an election officer who
9 delivers election records from a precinct polling place, an early
10 voting polling place, a meeting place for an early voting ballot
11 board or signature verification committee, or a central counting
12 station shall permit the watcher appointed to serve at that
13 location to accompany the officer in making the delivery.
16 (b)AAA person, other than a watcher solely recording the
17 counting of ballots, may not use any mechanical or electronic means
18 of recording images or sound within 100 feet of a voting station.
20 adding Subsections (e), (f), and (g) to read as follows:
21 (e)AAA person who assists at least three voters voting under
22 this section at the same time by providing the voters with
23 transportation to the polling place must complete and sign a form
24 that contains the following information:
25 (1)AAthe person ’s name and address; and
26 (2)AAwhether the person is providing assistance to the
27 voters solely under this section or under both this section and
86R33408 ADM-F 13
1 Subchapter B.
2 (f)AASubsection (e) does not apply to a person if the person
3 is a family member of all voters that the person provides with
4 transportation to the polling place. For purposes of this
5 subsection, "family member" means a person related to the person
6 within the second degree by affinity or third degree by
7 consanguinity, as determined under Subchapter B, Chapter 573,
8 Government Code.
9 (g)AAThe secretary of state shall prescribe the form
10 described by Subsection (e).
11 SECTIONA2.11.AASubchapter B, Chapter 64, Election Code, is
13 Sec.A64.0322.AASUBMISSION OF FORM BY ASSISTANT. (a)AABefore
14 a person, other than an election officer, assists a voter in
15 accordance with this chapter, the person must complete a form
16 stating:
17 (1)AAthe name and address of the person assisting the
18 voter; and
19 (2)AAthe relationship of the assistant to the voter.
20 (b)AAThe secretary of state shall prescribe the form required
21 by this section. The form must be incorporated into the official
22 carrier envelope if the voter is voting an early voting ballot by
23 mail and receives assistance under Section 86.010, or must be
24 submitted to an election officer before the voter may be accepted
25 for voting if the voter is voting at a polling place or under
26 Section 64.009.
27 (c)AAAn election officer may, at the officer ’s discretion,
86R33408 ADM-F 14
1 make a copy of a form submitted under this section and deliver the
2 copy to the secretary of state.
5 (a)AAThe officially prescribed application form for an early
6 voting ballot must include:
7 (1)AAimmediately preceding the signature space the
8 statement: "I certify that the information given in this
9 application is true, and I understand that giving false information
10 in this application is a crime.";
11 (2)AAa statement informing the applicant of the
12 offenses prescribed by Sections 84.003 and 84.004;
13 (3)AAspaces for entering an applicant ’s voter
14 registration number and county election precinct of registration,
15 with a statement informing the applicant that failure to furnish
16 that information does not invalidate the application; and
17 (4)AAon an application for a ballot to be voted by mail:
18 (A)AAa space for an applicant applying on the
19 ground of absence from the county of residence to indicate the date
20 on or after which the applicant can receive mail at the address
21 outside the county;
22 (B)AAa space for indicating the fact that an
23 applicant whose application is signed by a witness cannot make the
24 applicant ’s mark and a space for indicating the relationship or
25 lack of relationship of the witness to the applicant;
26 (C)AAa space for entering an applicant ’s telephone
27 number, with a statement informing the applicant that failure to
86R33408 ADM-F 15
1 furnish that information does not invalidate the application;
2 (D)AAa space or box for an applicant applying on
3 the ground of age or disability to indicate that the address to
4 which the ballot is to be mailed is the address of a facility or
5 relative described by Section 84.002(a)(3), if applicable;
6 (E)AAa space or box for an applicant applying on
7 the ground of confinement in jail to indicate that the address to
8 which the ballot is to be mailed is the address of a relative
9 described by Section 84.002(a)(4), if applicable;
10 (F)AAa space for an applicant applying on the
11 ground of age or disability to indicate if the application is an
12 application under Section 86.0015;
13 (G)AAspaces for entering the signature, printed
14 name, and residence address of any person assisting the applicant;
15 (H)AAa statement informing the applicant of the
16 condition prescribed by Section 81.005; [and]
17 (I)AAa statement informing the applicant of the
18 requirement prescribed by Section 86.003(c); and
19 (J)AAa statement informing the applicant that
20 expected or likely confinement for childbirth on election day is
21 sufficient cause to entitle a voter to vote under Section
22 82.002(a).
23 SECTIONA2.13.AASection 86.013(f), Election Code, is amended
25 (f)AAThe oath of a person assisting a voter and the form
26 described by Section 64.0322(a) must be included on the official
27 carrier envelope as part of the certificate prescribed by
86R33408 ADM-F 16
1 Subsection (c).
2 SECTIONA2.14.AASection 213.013(i), Election Code, is amended
4 (i)AANo device capable of recording images or sound is
5 allowed inside the room in which the recount is conducted, or in any
6 hallway or corridor in the building in which the recount is
7 conducted within 30 feet of the entrance to the room, while the
8 recount is in progress unless the person entitled to be present at
9 the recount is a watcher or agrees to disable or deactivate the
10 device. However, on request of a person entitled to appoint
11 watchers to serve at the recount, the recount committee chair shall
12 permit the person to photocopy under the chair ’s supervision any
13 ballot, including any supporting materials, challenged by the
14 person or person ’s watcher. The person must pay a reasonable charge
15 for making the copies and, if no photocopying equipment is
16 available, may supply that equipment at the person ’s expense. The
17 person shall provide a copy on request to another person entitled to
18 appoint watchers to serve at the recount.
19 ARTICLE 3. ELECTION CONTESTS
22 (a)AAThe venue of an election contest for a statewide office
23 is in Travis County or any county where a contestee resided at the
24 time of the election. For purposes of this section, a contestee ’s
25 residence is determined under Section 411.0257, Government Code.
26 SECTIONA3.02.AAChapter 232, Election Code, is amended by
27 adding Subchapter C to read as follows:
86R33408 ADM-F 17
1 SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
2 Sec.A232.061.AAPETITION ALLEGING FRAUD. This subchapter
3 applies to an election contest in which the contestant alleges in
4 the petition that an opposing candidate, an agent of the opposing
5 candidate, or a person acting on behalf of the opposing candidate
6 with the candidate ’s knowledge committed a violation of any of the
7 following sections of this code:
8 (1)AASection 13.007;
9 (2)AASection 64.012;
10 (3)AASection 64.036;
11 (4)AASection 84.003;
12 (5)AASection 84.0041;
13 (6)AASection 86.0051;
14 (7)AASection 86.006;
15 (8)AASection 86.010; or
16 (9)AASection 276.013.
17 Sec.A232.062.AAEVIDENTIARY STANDARD. A contestant must
18 prove an allegation described by Section 232.061 by a preponderance
19 of the evidence.
20 Sec.A232.063.AACIVIL PENALTY. (a)AAIf the court in its
21 judgment finds that the contestee, an agent of the contestee, or a
22 person acting on behalf of the contestee with the contestee ’s
23 knowledge committed one or more violations of a section described
24 by Section 232.061, the contestee is liable to this state for a
25 civil penalty of $1,000 for each violation.
26 (b)AAA penalty collected under this section shall be
27 deposited in the state treasury to the credit of the general revenue
86R33408 ADM-F 18
1 fund.
2 Sec.A232.064.AAATTORNEY ’S FEES. In an election contest to
3 which this subchapter applies, the court may award reasonable
4 attorney ’s fees to the prevailing party.
5 SECTIONA3.03.AAThe changes in law made by this article apply
6 only to an election contest for which the associated election
7 occurred after the effective date of this Act.
8 ARTICLE 4. STATE AND COUNTY OFFICERS
10 amending Subsection (b) and adding Subsection (f) to read as
11 follows:
12 (b)AAThe statewide computerized voter registration list
13 must:
14 (1)AAcontain the name and registration information of
15 each voter registered in the state;
16 (2)AAassign a unique identifier to each registered
17 voter; and
18 (3)AAbe available to any election official in the
19 state, including the attorney general, through immediate
20 electronic access.
21 (f)AAAppropriate state or local officials and agencies shall
22 provide technological security measures to prevent unauthorized
23 access to the statewide computerized voter registration list.
25 adding Subsection (c) to read as follows:
26 (c)AAFor the purposes of Subsection (a), the secretary of
27 state may disclose a voter ’s social security number or date of birth
86R33408 ADM-F 19
1 to other states and jurisdictions.
4 Sec.A31.014.AARULES. The secretary of state shall adopt
5 rules establishing best practices for:
6 (1)AAmaintaining the physical and digital security of
7 elections infrastructure and systems; and
8 (2)AArestricting access to elections infrastructure
9 and systems to authorized personnel.
11 amending Subsections (f) and (m) and adding Subsection (g-1) to
12 read as follows:
13 (f)AAIn selecting countywide polling places, a county must
14 adopt a methodology for determining where each polling place will
15 be located.AAThe total number of countywide polling places may not
16 be less than:
17 (1)AAexcept as provided by Subdivisions [Subdivision]
18 (2) and (3), 50 percent of the number of precinct polling places
19 that would otherwise be located in the county for that election;
20 [or]
21 (2)AAexcept as provided by Subdivision (3), for an
22 election held in the first year in which the county participates in
23 the program, 65 percent of the number of precinct polling places
24 that would otherwise be located in the county for that election; or
25 (3)AAfor an election held on the November general
26 election date in an even-numbered year, 80 percent of the number of
27 precinct polling places that would otherwise be located in the
86R33408 ADM-F 20
1 county for that election.
2 (g-1)AAA county participating in the program shall, at each
3 countywide polling place, post a notice of the four nearest
4 countywide polling place locations by driving distance.
5 (m)AAIn adopting a methodology under Subsection (f), the
6 county must ensure that:
7 (1)AAin a county with a population of less than one
8 million, each county commissioners precinct contains at least one
9 countywide polling place and the percentage of the total number of
10 countywide polling places located in each commissioners precinct
11 must be as equal as mathematically possible to the percentage of
12 registered voters of the county whose registrations are effective
13 on the date of the election residing in each commissioners
14 precinct; or [and]
15 (2)AAin a county with a population of one million or
16 more, the percentage of the total number of countywide polling
17 places located in each state representative district in the county
18 containing territory in which the election is held must be as equal
19 as mathematically possible to the percentage of registered voters
20 of the county whose registrations are effective on the date of the
21 election residing in each state representative district [the total
22 number of permanent branch and temporary branch polling places open
23 for voting in a county commissioners precinct does not exceed more
24 than twice the number of permanent branch and temporary branch
25 polling places in another county commissioners precinct].
27 adding Subsection (f) to read as follows:
86R33408 ADM-F 21
1 (f)AANot later than 24 hours after completing county election
2 returns under this section, the county clerk shall post on the
3 county ’s Internet website, if the county maintains a website:
4 (1)AAthe number of votes that were cast in the county;
5 and
6 (2)AAthe number of registered voters in the county.
9 Sec.A127.008.AAELECTRONIC DEVICES IN CENTRAL COUNTING
10 STATION. (a)AAA counting station manager and the presiding judge
11 of the counting station shall develop a protocol under which no
12 electronic device capable of being connected to the Internet is
13 permitted inside a central counting station, except as permitted by
14 Subsection (b).
15 (b)AAThe protocol developed under Subsection (a) may permit a
16 cellular telephone or the equipment necessary to count votes to be
17 present in the central counting station if the devices are not
18 connected to the Internet.
20 read as follows:
21 Sec.A216.001.AAAPPLICABILITY OF CHAPTER. (a)AAExcept as
22 provided by Subsection (b), this [This] chapter applies only to an
23 election that results in a tie vote as provided by Sections
24 2.002(i), 2.023(b) and (c), and 2.028.
25 (b)AAIf the results of an election show that the number of
26 votes cast in an election precinct exceeds the number of registered
27 voters in the precinct, the authority designated under Section
86R33408 ADM-F 22
1 212.026 shall initiate an automatic recount for that precinct in
2 accordance with this chapter.
3 ARTICLE 5. AUDITABLE VOTING SYSTEMS
4 SECTIONA5.01.AAChapter 127, Election Code, is amended by
5 adding Subchapter I to read as follows:
6 SUBCHAPTER I. RISK-LIMITING AUDIT
7 Sec.A127.301.AAAPPLICABILITY OF SUBCHAPTER. (a) This
8 subchapter applies to an election:
9 (1)AAthat occurs after August 31, 2024;
10 (2)AAthat contains a race or measure that is voted on
11 statewide; and
12 (3)AAin which an auditable voting system is used.
13 (b)AAIn this subchapter, "auditable voting system" means a
14 voting system that uses, creates, or displays a paper record that
15 may be read by the voter.
16 Sec.A127.302.AARISK-LIMITING AUDIT. (a)AANot later than 24
17 hours after all ballots have been counted in an election, the
18 general custodian of election records shall conduct a risk-limiting
19 audit for a selected statewide race or measure.
20 (b)AAThe secretary of state shall select, in accordance with
21 rules adopted by the secretary, the precincts to be counted and the
22 office or proposition to be counted.
23 (c)AAThe general custodian of election records shall
24 complete the audit not later than 24 hours before the time for
25 conducting the canvass of the election.
26 (d)AAThe general custodian of election records shall post a
27 notice of the date, hour, and place of the audit in the custodian ’s
86R33408 ADM-F 23
1 office and on the county ’s Internet website, if the county
2 maintains a website.
3 (e)AAA watcher may be present for the audit if appointed by a
4 candidate in the election or appointed under Section 33.003 or
5 33.005. A watcher must deliver a certificate of appointment to the
6 general custodian of election records at the time the watcher
7 reports for service. The certificate must be in writing and must
8 include:
9 (1)AAthe printed name and signature of the watcher;
10 (2)AAthe election subject to the audit; and
11 (3)AAthe printed name and signature of, as appropriate:
12 (A)AAthe candidate making the appointment;
13 (B)AAthe county chair of the political party
14 making the appointment; or
15 (C)AAthe campaign treasurer or assistant campaign
16 treasurer of the specific-purpose political committee making the
17 appointment.
18 (f)AAThe secretary of state may appoint personnel to assist
19 with the audit, including applicable voting system technicians or
20 representatives and persons who have assisted with the design and
21 implementation of the audit.
22 Sec.A127.303.AARULES. (a)AAThe secretary of state shall
23 adopt rules prescribing procedures necessary to implement this
24 subchapter.
25 (b)AARules adopted under this subchapter must include a rule,
26 using widely accepted statistical methods, that provides for the
27 number or percentage of paper records that must be counted in a
86R33408 ADM-F 24
1 risk-limiting audit under Section 127.302.
2 Sec.A127.304.AAPUBLICATION OF RESULTS. The results of a
3 risk-limiting audit conducted under this subchapter must be
4 published on the Internet website of the secretary of state not
5 later than three days after the completion of the audit.
6 Sec.A127.305.AAPILOT PROGRAM. (a)AANotwithstanding Section
7 127.301(1), the secretary of state shall conduct a pilot program,
8 beginning with the election taking place November 3, 2020, of the
9 risk-limiting audit program created under this subchapter.
10 (b)AAThe secretary of state shall select up to five counties
11 to participate in the pilot program. At least one county
12 participating in the pilot program must have a population of at
13 least 500,000.
14 (c)AAAfter each election conducted under the pilot program,
15 the secretary of state shall send a detailed report to each member
16 of the legislature evaluating the success of the program and making
17 a recommendation as to whether the legislature should act to delay
18 the statewide implementation of the program.
19 (d)AAThe secretary of state shall adopt rules as necessary to
20 implement this section.
21 (e)AAThis section expires August 31, 2024.
22 ARTICLE 6. REPEALER AND EFFECTIVE DATE
23 SECTIONA6.01.AASection 33.051(c), Election Code, is
24 repealed.
25 SECTIONA6.02.AAThis Act takes effect September 1, 2019.
86R33408 ADM-F 25

CSSB 9 (86R 33408)

Uploaded by

Copyright:

Available Formats

CSSB 9 (86R 33408)

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CSSB 9 (86R 33408)

Uploaded by

Copyright:

Available Formats

By:AA_Hughes______________ _S_.B.ANo.

Substitute the following for _S_.B.ANo.A_9___:

2 relating to election integrity; increasing criminal penalties;

3 creating criminal offenses; creating civil penalties.

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

5 ARTICLE 1. CRIMINAL PROVISIONS

6 SECTIONA1.01.AAArticle 12.01, Code of Criminal Procedure, is

7 amended to read as follows:

8 Art.A12.01.AAFELONIES. Except as provided in Article 12.03,

9 felony indictments may be presented within these limits, and not

12 (A)AAmurder and manslaughter;

13 (B)AAsexual assault under Section 22.011(a)(2),

14 Penal Code, or aggravated sexual assault under Section

15 22.021(a)(1)(B), Penal Code;

16 (C)AAsexual assault, if:

17 (i)AAduring the investigation of the offense

18 biological matter is collected and subjected to forensic DNA

20 the victim or any other person whose identity is readily

22 (ii)AAprobable cause exists to believe that

23 the defendant has committed the same or a similar sexual offense

24 against five or more victims;

2 children under Section 21.02, Penal Code;

3 (E)AAindecency with a child under Section 21.11,

5 (F)AAan offense involving leaving the scene of an

6 accident under Section 550.021, Transportation Code, if the

7 accident resulted in the death of a person;

8 (G)AAtrafficking of persons under Section

9 20A.02(a)(7) or (8), Penal Code;

10 (H)AAcontinuous trafficking of persons under

11 Section 20A.03, Penal Code; or

12 (I)AAcompelling prostitution under Section

13 43.05(a)(2), Penal Code;

14 (2)AAten years from the date of the commission of the

16 (A)AAtheft of any estate, real, personal or mixed,

17 by an executor, administrator, guardian or trustee, with intent to

18 defraud any creditor, heir, legatee, ward, distributee,

19 beneficiary or settlor of a trust interested in such estate;

20 (B)AAtheft by a public servant of government

21 property over which he exercises control in his official capacity;

22 (C)AAforgery or the uttering, using or passing of

24 (D)AAinjury to an elderly or disabled individual

25 punishable as a felony of the first degree under Section 22.04,

27 (E)AAsexual assault, except as provided by

3 (G)AAtrafficking of persons under Section

4 20A.02(a)(1), (2), (3), or (4), Penal Code; or

5 (H)AAcompelling prostitution under Section

6 43.05(a)(1), Penal Code;

7 (3)AAseven years from the date of the commission of the

9 (A)AAmisapplication of fiduciary property or

10 property of a financial institution;

11 (B)AAsecuring execution of document by deception;

12 (C)AAa felony violation under Chapter 162, Tax

14 (D)AAfalse statement to obtain property or credit

15 under Section 32.32, Penal Code;

17 (F)AAcredit card or debit card abuse under Section

18 32.31, Penal Code;

19 (G)AAfraudulent use or possession of identifying

20 information under Section 32.51, Penal Code;

21 (H)AAexploitation of a child, elderly individual,

22 or disabled individual under Section 32.53, Penal Code;