By: Cain H.B. No. 6       A BILL TO BE ENTITLED   AN ACT   relating to election integrity and preservation of the purity of   the ballot box through the prevention of fraud in the conduct of an   election; increasing criminal penalties; creating criminal   offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  SHORT TITLE. This Act may be cited as the   Election Integrity Protection Act of 2021.          SECTION 1.02.  PURPOSE. The purpose of this Act is to   exercise the legislature's constitutional authority under Section   4, Article VI, Texas Constitution, to make all laws necessary to   detect and punish fraud and preserve the purity of the ballot box.          SECTION 1.03.  FINDINGS. The legislature finds that:                (1)  full, free, and fair elections are the   underpinnings of a stable constitutional democracy;                (2)  fraud in elections threatens the stability of a   constitutional democracy by undermining public confidence in the   legitimacy of public officers chosen by election;                (3)  reforms are needed to the election laws of this   state to ensure that fraud does not undermine the public confidence   in the electoral process;                (4)  Section 4, Article VI, Texas Constitution entrusts   the enactment of laws to combat fraud in the electoral process to   the sound discretion of the legislature; and                (5)  the reforms to the election laws of this state made   by this Act are not intended to impair the right of free suffrage   guaranteed to the people of Texas by the United States and Texas   Constitution, but are enacted solely to prevent fraud in the   electoral process.          SECTION 1.04.  Chapter 1, Election Code, is amended by   adding Section 1.0015 to read as follows:          Sec. 1.0015.  LEGISLATIVE INTENT. To reduce the likelihood   of fraud in the conduct of elections, it is the intent of the   legislature that the provisions of this code shall be applied   evenly, and the conduct of elections throughout this state shall be   uniform and consistent.          SECTION 1.05.  Section 1.003, Election Code, is amended by   adding Subsection (c) to read as follows:          (c)  The provisions of this code shall be strictly construed   by a public official to effect the intent of the legislature under   Section 1.0015.          SECTION 1.06.  Section 1.005, Election Code, is amended by   adding Subdivision (15-a) to read as follows:                (15-a)  "Public official" means a person elected,   selected, appointed, employed, or otherwise designated as an   officer, employee, or agent of this state, a government agency, a   political subdivision, or any other public body established by   state law.   ARTICLE 2. REGISTRATION AND CONDUCT OF ELECTIONS          SECTION 2.01.  Sections 16.001(a) and (b), Election Code,   are amended to read as follows:          (a)  Each month the local registrar of deaths shall prepare   an abstract of each death certificate issued in the month for a   decedent 18 years of age or older who was a resident of the state at   the time of death. The local registrar of deaths shall file each   abstract with the voter registrar of the decedent's county of   residence and the secretary of state as soon as possible, but not   later than one [the 10th] day after [of the month following the   month in which] the abstract is prepared.          (b)  Each month the clerk of each court having probate   jurisdiction shall prepare an abstract of each application for   probate of a will, administration of a decedent's estate, or   determination of heirship, and each affidavit under Chapter 205,   Estates Code, that is filed in the month with a court served by the   clerk. The clerk shall file each abstract with the voter registrar   and the secretary of state as soon as possible, but not later than   one [the 10th] day after [of the month following the month in which]   the abstract is prepared.          SECTION 2.02.  Subchapter C, Chapter 125, Election Code, is   amended by adding Section 125.0621 to read as follows:          Sec. 125.0621.  LOGS OF ISSUED AND SPOILED BALLOTS. If an   electronic voting system uses paper media for recording votes cast,   the election officer shall maintain a record of the serial numbers   of all ballots issued at that polling place and the serial numbers   of any spoiled ballots, if any. All logs maintained under this   section are election records subject to public inspection as   provided by Section 1.012.   ARTICLE 3. ELECTION OFFICERS AND OBSERVERS          SECTION 3.01.  Section 32.075, Election Code, is amended by   amending adding Subsection (g) to read as follows:          (g)  A presiding judge may not:                (1)  have a watcher appointed under Subchapter A,   Chapter 33, removed from the polling place; or                (2)  require a watcher appointed under Subchapter A,   Chapter 33, to leave the polling place.          SECTION 3.02.  Subchapter D, Chapter 32, Election Code, is   amended by adding Section 32.077 to read as follows:          Sec. 32.077.  REMOVAL OF A POLL WATCHER FROM POLLING PLACE.   A poll watcher may be removed from a polling place only if the poll   watcher engages in activity that would constitute an offense   related to election fraud, including an offense under Chapter 276.          SECTION 3.03.  Chapter 33, Election Code, is amended by   adding Section 33.0015 to read as follows:          Sec. 33.0015.  PURPOSE. The purpose of this chapter is to   preserve the purity of the ballot box in accordance with Section 4,   Article VI, Texas Constitution, by providing for the appointment of   watchers to observe the conduct of an election and call to the   attention of an election officer potential irregularities or   violations of law in the conduct of the election.          SECTION 3.04.  Section 33.051, Election Code, is amended by   adding Subsections (g) and (h) to read as follows:          (g)  An election officer commits an offense if the officer   intentionally or knowingly refuses to accept a watcher for service   when acceptance of the watcher is required by this section.          (h)  An offense under Subsection (g) is a Class B   misdemeanor.          SECTION 3.05.  Subchapter C, Chapter 33, Election Code, is   amended by adding Section 33.0605 to read as follows:          Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.   A watcher appointed to serve at a polling place in an election may   observe the sealing and transfer of a memory card, flash drive, hard   drive, data storage device, or other medium now existing or later   developed used by the voting system equipment.          SECTION 3.06.  The heading to Section 33.061, Election Code,   is amended to read as follows:          Sec. 33.061.  UNLAWFULLY OBSTRUCTING OR REMOVING WATCHER.          SECTION 3.07.  Section 33.061(a), Election Code, is amended   to read as follows:          (a)  A person commits an offense if the person serves in an   official capacity at a location at which the presence of watchers is   authorized and knowingly prevents a watcher from observing an   activity the watcher is entitled to observe, including by having a   watcher removed from the polling place or requiring a watcher to   leave the polling place, unless the watcher engages in activity   that would constitute an offense related to election fraud,   including an offense under Chapter 276.          SECTION 3.08.  Section 61.001, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as permitted by this code and as described by   Subsection (a-1), a person may not be in the polling place from the   time the presiding judge arrives there on election day to make the   preliminary arrangements until the precinct returns have been   certified and the election records have been assembled for   distribution following the election.          (a-1)  Under this code, a person may be lawfully present in a   polling place during the time described by Subsection (a) if the   person is:                (1)  an election judge or clerk;                (2)  a watcher;                (3)  the secretary of state;                (4)  a staff member of the elections division of the   secretary of state's office when performing an official duty   authorized under this code;                (5)  a staff member of an election official or sheriff,   only when delivering election supplies;                (6)  a state inspector;                (7)  a person admitted to vote;                (8)  a child under 18 years of age who is accompanying a   parent who has been admitted to vote;                (9)  a person providing assistance to a voter under   Section 61.032 or 64.032;                (10)  a person accompanying a disabled voter;                (11)  a special peace officer appointed by the   presiding judge under Section 32.075;                (12)  the county chair of a political party conducting   a primary election, as authorized by Section 172.1113;                (13)  a voting system technician, as authorized by   Section 125.010;                (14)  the county elections administrator only when   performing an official duty authorized by this code;                (15)  a person whose presence has been authorized by   the presiding judge and the alternate presiding judge in accordance   with this code.          SECTION 3.09.  Section 86.006, Election Code, is amended by   amending Subsection (a-1) 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 on   election day. A voter who delivers a marked ballot in person must   present an acceptable form of identification described by Section   63.0101.  A poll watcher is entitled to observe the delivery of   ballots under this subsection. The poll watcher must be able to   determine how the ballots are being delivered and how election   officials are making decisions about the delivery of ballots, if   applicable. The poll watcher may not disrupt the process of   delivering ballots.          SECTION 3.10.  Section 87.026, Election Code, is amended to   read as follows:          Sec. 87.026.  BYSTANDERS EXCLUDED. (a) Except as permitted   by this code and as described by Subsection (b), a person may not be   in the meeting place of an early voting ballot board during the time   of the board's operations.          (b)  Under this code, a person may be lawfully present in the   meeting place of an early voting ballot board during the time of the   board's operations if the person is:                (1)  a presiding judge or member of the board;                (2)  a watcher;                (3)  a voting system technician, as authorized by   Section 125.010;                (4)  a county elections administrator only when   performing an official duty authorized by this code; or                (5)  a person whose presence has been authorized by the   presiding judge and the alternate presiding judge in accordance   with this code.          SECTION 3.11.  Subchapter A, Chapter 127, Election Code, is   amended by adding Section 127.008 to read as follows:          Sec. 127.008.  BYSTANDERS EXCLUDED.  (a)  Except as   permitted by this code and as described by Subsection (b), a person   may not be in a central counting station while ballots are being   counted.          (b)  Under this code, a person may be lawfully present in the   central counting station while ballots are being counted if the   person is:                (1)  a counting station manager, tabulation   supervisor, assistant to the tabulation supervisor, presiding   judge, or clerk;                (2)  a watcher;                (3)  a voting system technician, as authorized by   Section 125.010;                (4)  a county elections administrator only when   performing an official duty authorized by this code; or                (5)  a person whose presence has been authorized by the   counting station manager in accordance with this code.   ARTICLE 4. ASSISTANCE OF VOTERS          SECTION 4.01.  Subchapter B, Chapter 64, Election Code, is   amended by adding Section 64.0322 to read as follows:          Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT.  (a)  A   person, other than an election officer, who assists a voter in   accordance with this chapter is required to complete a form   stating:                (1)  the name and address of the person assisting the   voter;                (2)  the manner in which the person is assisting the   voter;                (3)  the reason the assistance is necessary; and                (4)  the relationship of the assistant to the voter.          (b)  When submitting the form required by this section, a   person must present an acceptable form of identification described   by Section 63.0101.          (c)  The secretary of state shall prescribe the form required   by this section. The form must be incorporated into the official   carrier envelope if the voter is voting an early voting ballot by   mail and receives assistance under Section 86.010, or must be   submitted to an election officer at the time the voter casts a   ballot if the voter is voting at a polling place or under Section   64.009.          SECTION 4.02.  Section 64.034, Election Code, is amended to   read as follows:          Sec. 64.034.  OATH. A person selected to provide assistance   to a voter must take the following oath, administered by an election   officer at the polling place, before providing assistance:          "I swear (or affirm) that I will not suggest, by word, sign,   or gesture, how the voter should vote; I will confine my assistance   to answering the voter's questions, to stating propositions on the   ballot, and to naming candidates and, if listed, their political   parties; I will prepare the voter's ballot as the voter directs; I   did not pressure or intimidate the voter into choosing me to provide   assistance; and I am not the voter's employer, an agent of the   voter's employer, or an officer or agent of a labor union to which   the voter belongs."          SECTION 4.03.  Section 86.0052, Election Code, is amended to   read as follows:          Sec. 86.0052.  COMPENSATION FOR CARRIER ENVELOPE ACTION   PROHIBITED. (a)  A person commits an offense if the person:                (1)  compensates or offers to compensate another person   for depositing the carrier envelope in the mail or with a common or   contract carrier as provided by Section 86.0051(b)[, as part of any   performance-based compensation scheme based on the number of   ballots deposited or in which another person is presented with a   quota of ballots to deposit as provided by Section 86.0051(b)]; or                (2)  [engages in another practice that causes another   person's compensation from or employment status with the person to   be dependent on the number of ballots deposited as provided by   Section 86.0051(b); or                [(3)]  [with knowledge that accepting compensation for   such activity is illegal,] solicits, receives, or accepts   compensation for an activity described by Subdivision (1) [or (2)].          (b)  [Except as provided by Subsection (c), an offense under   this section is a misdemeanor punishable by:                (1)  confinement in jail for a term of not more than one   year or less than 30 days; or                (2)  confinement described by Subdivision (1) and a   fine not to exceed $4,000.          (c)]  An offense under this section is a state jail felony if   it is shown on the trial of an offense under this section that the   defendant was previously convicted two or more times under this   section.          (c) [(d)]  An officer, director, or other agent of an entity   that commits an offense under this section is punishable for the   offense.          (d) [(e)]  For purposes of this section, compensation means   any form of monetary payment, goods, services, benefits, or   promises or offers of employment, political favor, official act of   discretion, or any other form of consideration offered to another   person in exchange for depositing ballots.          SECTION 4.04.  Section 86.010, Election Code, is amended by   amending Subsections (e), (h), and (i) and adding Subsection (i-1)   to read as follows:          (e)  A person who assists a voter to prepare a ballot to be   voted by mail shall enter on the official carrier envelope of the   voter:                (1)  the person's signature, printed name, and   residence address;                (2)  the manner of any assistance provided to the voter   by the person; and                (3)  the relationship of the person providing the   assistance to the voter [on the official carrier envelope of the   voter].          (h)  Subsection (f) does not apply to:                (1)  a violation of Subsection (c), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code, or was physically living in the same   dwelling as the voter at the time of the event; or                (2)  a violation of Subsection (e), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code.          (i)  An offense under this section for a violation of   Subsection (c) is increased to the next higher category of offense   if it is shown on the trial of an offense under this section that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  the offense involved a voter 65 years of age or   older; or                (3)  the defendant committed another offense under this   section in the same election.          (i-1)  An offense under this section for a violation of   Subsection (e) is a felony of the third degree if it is shown on the   trial of the offense that the person committed an offense under   Section 64.036 for providing unlawful assistance to the same voter   in connection with the same ballot.          SECTION 4.05.  Section 86.0105, Election Code, is amended to   read as follows:          Sec. 86.0105.  COMPENSATION FOR ASSISTING VOTERS   PROHIBITED. (a)  A person commits an offense if the person:                (1)  compensates or offers to compensate another person   for assisting voters as provided by Section 86.010[, as part of any   performance-based compensation scheme based on the number of voters   assisted or in which another person is presented with a quota of   voters to be assisted as provided by Section 86.010]; or                (2)  [engages in another practice that causes another   person's compensation from or employment status with the person to   be dependent on the number of voters assisted as provided by Section   86.010; or          [(3)]  [with knowledge that accepting compensation for such   activity is illegal,] solicits, receives, or accepts compensation   for an activity described by Subdivision (1) [or (2)].          (b)  [Except as provided by Subsection (c), an offense under   this section is a misdemeanor punishable by:                (1)  confinement in jail for a term of not more than one   year or less than 30 days; or                (2)  confinement described by Subdivision (1) and a   fine not to exceed $4,000.          (c)]  An offense under this section is a state jail felony   [if it is shown on the trial of an offense under this section that   the defendant was previously convicted two or more times under this   section].          (c) [(d)]  An officer, director, or other agent of an entity   that commits an offense under this section is punishable for the   offense.          (d) [(e)]  For purposes of this section, compensation means   any form of monetary payment, goods, services, benefits, or   promises or offers of employment, political favor, official act of   discretion, or any other form of consideration offered to another   person in exchange for assisting voters.          SECTION 4.06.  Section 86.013, Election Code, is amended by   amending Subsection (b) to read as follows:          (b)  Spaces must appear on the reverse side of the official   carrier envelope for:                (1)  indicating the identity and date of the election;   [and]                (2)  entering the signature, printed name, and   residence address of a person other than the voter who deposits the   carrier envelope in the mail or with a common or contract carrier;   and                (3)  indicating the manner of any assistance provided   by a person assisting the voter, and the relationship of that person   to the voter.   ARTICLE 5. FRAUD AND UNLAWFUL PRACTICES          SECTION 5.01.  Chapter 63, Election Code, is amended by   adding Section 63.0111 to read as follows:          Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. (a)     An election judge commits an offense if the judge knowingly   provides a voter with a form for an affidavit required by Section   63.001 if the form contains false information entered thereon by   the judge.          (d)  An offense under this section is a state jail felony.          SECTION 5.02.  Section 64.012(a), Election Code, is amended   to read as follows:          (a)  A person commits an offense if the person:                (1)  votes or attempts to vote in an election in which   the person knows the person is not eligible to vote;                (2)  knowingly votes or attempts to vote more than once   in an election;                (3)  knowingly votes or attempts to vote a ballot   belonging to another person, or by impersonating another person;   [or]                (4)  knowingly marks or attempts to mark any portion of   another person's ballot without the consent of that person, or   without specific direction from that person how to mark the ballot;   or                (5)  knowingly votes or attempts to vote in an election   in this state after voting in an election in another state that is   held on the same day.          SECTION 5.03.  Sections 276.012, Election Code, is amended   to read as follows:          Sec. 276.012.  ENGAGING IN ORGANIZED ELECTION FRAUD   ACTIVITY. (a)  A person commits an offense if, with the intent to   establish, maintain, further, or participate in a vote harvesting   organization, the person:                (1)  commits or conspires to commit one or more   offenses under Titles 1 through 7;                (2)  directly or through a third party, provides or   offers to provide vote harvesting services to a candidate for   office in exchange for compensation or other benefit;                (3)  directly, or through a third party, offers or   provides compensation or other benefit to another person in   exchange for vote harvesting services; or                (4)  knowingly collects or possesses a mail ballot or   official carrier envelope from a voter in connection with vote   harvesting services.          (b)  An offense listed under Subsections (a)(2), (3), or (4)   is a third degree felony. Except as provided by Subsection (c), an   offense listed under Subsection (a)(1) is one category higher than   the most serious offense listed in Subsection (a)(1) that is   committed, and if the most serious offense is a Class A misdemeanor,   the offense is a state jail felony. If conduct that constitutes an   offense under this section also constitutes an offense under any   other law, the actor may be prosecuted under this section, the other   law, or both.          (c)  At the punishment stage of a trial, the defendant may   raise the issue as to whether in voluntary and complete   renunciation of the offense the defendant withdrew from the vote   harvesting organization before commission of an offense listed in   Subsection (a)(1) and made substantial effort to prevent the   commission of the offense. If the defendant proves the issue in the   affirmative by a preponderance of the evidence, the offense is the   same category of offense as the most serious offense listed in   Subsection (a)(1) that is committed.          (d)  In this section: [,]                (1)  "Benefit" has the meaning assigned by Section   36.01(3), Penal Code.                (2)  "Vote [vote] harvesting organization" means three   or more persons who collaborate in committing offenses under Titles   1 through 7, although participants may not know each other's   identity, membership in the organization may change from time to   time, and participants may stand in a candidate-consultant,   donor-consultant, consultant-field operative, or other arm's   length relationship in the organization's operations; and                (3)  "Vote harvesting services" means personal   services that include direct interaction with one or more voters in   connection with an official ballot, ballot by mail, or an   application for ballot by mail that are performed with the   intention that ballot be cast for a specific candidate or measure.          SECTION 5.04.  Sections 276.013(a) and (b), Election Code,   is amended to read as follows:          (a)  A person commits an offense if the person knowingly or   intentionally makes any effort to:                (1)  influence the independent exercise of the vote of   another in the presence of the ballot or during the voting process;                (2)  cause a voter to become registered, a ballot to be   obtained, or a vote to be cast under false pretenses; [or]                (3)  count invalid votes or alter a report to include   invalid votes;                (4)  fail to count valid votes or alter a report to   exclude valid votes; or                [(3)] (5)  cause any intentionally misleading   statement, representation, or information to be provided:                      (A)  to an election official; or                      (B)  on an application for ballot by mail, carrier   envelope, or any other official election-related form or document.          (b)  An offense under this section is a felony of the second   degree [Class A misdemeanor].          SECTION 5.05.  Chapter 276, Election Code, is amended by   adding Sections 276.014, 276.015, 276.016, 276.017, and 276.018 to   read as follows:          Sec. 276.015.  UNLAWFUL SOLICITATION OR DISTRIBUTION OF   APPLICATION TO VOTE BY MAIL.  (a)  This section applies to an   application to vote by mail required under Section 84.001.          (b)  A public official commits an offense if the public   official knowingly:                (1)  solicits the submission of an application by a   person who did not request the application;                (2)  distributes an application to a person who did not   request the application, unless the distribution is expressly   authorized by another provision of this code;                (3)  authorizes the expenditure of public funds to   facilitate third party distribution of an application to a person   who did not request the application; or                (4)  completes any portion of an application to vote by   mail and distributes the application to an applicant with intent   that the applicant will submit the application on the applicant's   behalf to the early voting clerk.          (c)  An offense under this section is a state jail felony.          (d)  It is an exception to the application of Subsection   (b)(4) that the public official lawfully assisted the applicant as   authorized under Section 84.003.          Sec. 276.016.  UNLAWFUL DISTRIBUTION OF BALLOTS AND   BALLOTING MATERIALS. (a)  The early voting clerk or other election   official may not knowingly mail or distribute a ballot or balloting   materials for an early voting ballot to be voted by mail to a person   other than the applicant who submitted the application required by   Section 84.001.          (b)  A person who violates this section commits an offense.   An offense under this section is a state jail felony.          Sec. 276.017.  PERJURY IN CONNECTION WITH CERTAIN VOTING   PROCEDURES.  (a)  A person commits an offense if, with intent to   deceive and with knowledge of the statement's meaning, the person   makes a false statement when making the oath described by Section   64.034 or swears to the truth of a false statement previously made   when making the oath described by Section 64.034.          (b)  An offense under this section is a Class A misdemeanor   except that the punishment for an offense under this section is a   state jail felony if it is shown on the trial of the offense that the   person made a false statement under Subsection (a) three or more   times in connection with a single election.          Sec. 276.018.  UNLAWFUL ALTERING OF ELECTION PROCEDURES.   (a)  A public official may not knowingly issue an order altering or   suspending an election standard, practice, or procedure mandated by   law or rule unless the alteration or suspension is expressly   authorized under this code.          (b)  It is an exception to the application of this provision   that a public official seeking to alter any voting standard,   practice, or procedure in a manner not otherwise expressly   authorized by the Election Code:                (1)  first requested approval of the proposed   alteration from the secretary of state by submitting a written   request for approval to the secretary of state; and                (2)  the secretary of state by written order approved   the proposed alteration requested under Subdivision (1).          (c)  A public official who violates this section commits an   offense. An offense under this section is a state jail felony.   ARTICLE 6. ENFORCEMENT          SECTION 6.01.  Chapter 2, Code of Criminal Procedure, is   amended by adding Section 2.075 to read as follows:          Art. 2.075.  ATTORNEY PRO TEM IN CERTAIN ELECTION CASES. (a)   If an attorney for the state is presented with the requisite number   of affidavits under Section 273.001, Election Code, on or after the   60th day before the date of a regular or special election that   allege criminal conduct that would constitute an offense under   Chapter 276, Election Code, the attorney for the state shall   determine if the investigation can be conducted expeditiously by   the attorney or the attorney's staff so that a presentation of an   information or indictment may be made in time to prevent ongoing or   deter future criminal activity constituting an offense under   Chapter 276, Election Code.          (b)  The attorney for the state shall make the determination   required under Subsection (a) not later than the 48th hour after the   affidavits are presented.          (c)  If the attorney for the state determines that an   investigation cannot be completed expeditiously as provided by   Subsection (a), the attorney shall notify the presiding judge of   the court of criminal appeals not later than the 24th hour after the   time of determination. A three-judge panel shall be appointed as   provided under Subsection (d). The panel shall appoint, from any   county or district, an attorney for the state to perform the duties   of the office in connection with the investigation of the presented   affidavits.          (d)  The presiding judge of the court of criminal appeals   shall appoint a three-judge panel in the same manner and under the   same conditions as the appointment by the chief justice of the   supreme court of a three-judge panel under Chapter 22A, Government   Code.          (b)  An attorney pro tem appointed under this article is   subject to the limitations in Article 2.07(b).          (c)  In this article, "attorney for the state" has the   meaning assigned by Article 2.07(d).          SECTION 6.02.  Subchapter A, Chapter 22, Government Code, is   amended by adding Section 22.0015 to read as follows:          Sec. 22.0015.  PRIORITY OF APPEALS IN CERTAIN ELECTION   CASES. Beginning on the 60th day before the date of a regular or   special election, the supreme court must give absolute preference   to a matter that is related to a request for injunctive relief under   Section 273.081, Election Code, that is prompted by an allegation   of activity that would constitute an offense under Chapter 276,   Election Code. After assignment of the matter under Section   22.222(b), the supreme court shall promptly hear the appeal, by   electronic means or otherwise, after the clerk of the court   receives a written request for oral argument. The supreme court   must hear an appeal under this section not later than the 24th hour   after the time the last brief permitted to be filed in the appeal is   filed.          SECTION 6.03.  Chapter 22, Government Code, is amended by   adding Section 22.2205 to read as follows:          Sec. 22.2205.  PRIORITY OF APPEALS IN CERTAIN ELECTION   CASES. Beginning on the 60th day before the date of a regular or   special election, a court of appeals must give absolute preference   to a matter that is related to a request for injunctive relief under   Section 273.081, Election Code, that is prompted by an allegation   of activity that would constitute an offense under Chapter 276,   Election Code. After assignment of the matter under Section   22.222(b), the court of appeals shall promptly hear the appeal, by   electronic means or otherwise, after the clerk of the court   receives a written request for oral argument. A court of appeals   shall hear an appeal under this section not later than the 24th hour   after the time the last brief permitted to be filed in the appeal is   filed.          SECTION 6.04.  Section 22.222, Government Code, is amended   by amending Subsection (b) and adding Subsections (a-1) and (b-1)   to read as follows:          (b)  If more than one panel is used, the court of appeals   shall establish rules to periodically rotate the justices among the   panels. Permanent civil panels and criminal panels without rotation   may not be established. Notwithstanding any other law, including a   rule adopted under Sec. 22.004 or a local rule of administration,   all cases entitled to priority treatment under Section 23.101(b-1)   in the courts of appeals shall be docketed by the clerk of the court   and assigned by the clerk to a panel of three judges assigned using   an automated system.          (b-1)  It is an offense for any person, including a public   official, to communicate with a clerk of the court in an attempt to   influence the assignment of or withhold the assignment of a justice   identified by name or political party to a panel hearing an appeal.   An offense under this subsection is a state jail felony. As used in   the section, the term "public official" has the meaning assigned by   Section 1.005(15-a), Election Code.          SECTION 6.05.  Section 23.101, Government Code, is amended   by amending Subsection (b) and adding Subsection (b-1) read as   follows          (b)  Insofar as practicable, and except as provided by   Subsection (b-1), the trial courts shall observe the preference   provided by Subsection (a) in ruling on, hearing, and trying the   matters pending before the courts.          (b-1)  Beginning on the 60th day before the date of a regular   or special election, a trial court must give absolute preference to   a matter under Subsection (a)(1) that is a request for injunctive   relief under Section 273.081, Election Code, that is prompted by an   allegation of activity that would constitute an offense under   Chapter 276, Election Code. After assignment of the matter under   Section 24.035, the trial court shall promptly conduct a hearing,   by electronic means or otherwise, after the judge receives a   written hearing request. A trial court must hear a matter under   this subsection not later than the 24th hour after the time the   hearing request was received.          SECTION 6.06.  Chapter 24, Government Code, is amended by   adding Section 24.035 to read as follows:          Sec. 24.035.  ASSIGNMENT OF CASES IN DISTRICT COURTS IN   CERTAIN ELECTION CASES. (a)  Notwithstanding any other law to the   contrary, including a rule adopted under Sec. 22.004 or a local   rule of administration, all cases entitled to priority treatment   under Section 23.101(b-1) in the district courts of a county shall   be docketed and assigned at random by the district clerk using an   automated system.          (b)  In assigning a case to a district court, the district   clerk shall take into consideration any requirement in law that a   district court in that county give preference to specific matters.          (c)  If a county court has concurrent jurisdiction with a   district court over cases entitled to priority treatment under   Section 23.101(b-1), the county clerk shall perform the duties of   the district clerk under Subsections (a) and (b).          (d)  It is an offense for a person, including a public   official, to communicate with a district or county clerk in an   attempt to influence the assignment of cases or withhold the   assignment of cases to a judge identified by name or political   party. An offense under this subsection is a state jail felony. As   used in the section, the term "public official" has the meaning   assigned by Section 1.005(15-a), Election Code.   ARTICLE 7. TRANSITION; EFFECTIVE DATE          SECTION 7.01.  The change in law made by this Act 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.          SECTION 7.02.  This Act takes effect September 1, 2021.