85R24752 ATP-F     By: Fallon H.B. No. 4131     Substitute the following for H.B. No. 4131:     By:  Laubenberg C.S.H.B. No. 4131       A BILL TO BE ENTITLED   AN ACT   relating to assisting voters and other voting processes and   procedures; creating criminal offenses; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 61.034, Election Code, is amended to   read as follows:          Sec. 61.034.  TRANSLATING BALLOT. If a voter cannot   comprehend the language in which the ballot is printed, the voter   may receive voting assistance under Section 64.031 [an interpreter   may accompany the voter to the voting station for the purpose of   translating the ballot to the voter].          SECTION 2.  Section 63.012, Election Code, is amended to   read as follows:          Sec. 63.012.  UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT   VOTER. (a)  An election officer commits an offense if the officer   knowingly:                (1)  permits an ineligible voter to vote other than as   provided by Section 63.011; [or]                (2)  permits an unlawful vote or ineligible ballot to   be cast in a manner that will be counted; or                (3)  refuses to accept a person for voting whose   acceptance is required by this code.          (b)  An offense under this section is a Class A [B]   misdemeanor.          SECTION 3.  Subchapter B, Chapter 64, Election Code, is   amended by adding Section 64.030 to read as follows:          Sec. 64.030.  DEFINITIONS.  In this subchapter:                (1)  "Assistance" includes any activity, other than a   general procedure or instruction by an election officer, in which a   person:                      (A)  communicates with a voter in the presence of   a ballot regarding the voting of the ballot;                      (B)  aids a voter by reading or marking the   ballot; or                      (C)  takes physical possession of a ballot voted   by another person.                (2)  "Disability" means any physical impairment that   renders a person unable to physically complete or cast a ballot.          SECTION 4.  Section 64.031, Election Code, is amended to   read as follows:          Sec. 64.031.  VOTING [ELIGIBILITY FOR] ASSISTANCE FOR BLIND,   DISABLED, OR ILLITERATE PERSON. A voter who is unable to read or   mark the ballot by reason of blindness, disability, or [is eligible   to receive assistance in marking the ballot, as provided by this   subchapter, if the voter cannot prepare the ballot because of:                [(1)     a physical disability that renders the voter   unable to write or see; or                [(2)  an] inability to read the language in which the   ballot is written is eligible for assistance as provided by this   subchapter.          SECTION 5.  Sections 64.032(c) and (d), Election Code, are   amended to read as follows:          (c)  On the voter's request for assistance indicating a   reason for eligibility listed under Section 64.031, the voter may   be assisted by any person selected by the voter other than 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.  A voter is not   required to provide further proof of eligibility for assistance in   order to receive assistance.          (d)  If assistance is provided by a person of the voter's   choice, an election officer shall enter the person's name and   address on the poll list beside the voter's name and shall require   the assistant to complete a voter assistance affidavit under   Section 64.034.          SECTION 6.  Section 64.034, Election Code, is amended to   read as follows:          Sec. 64.034.  VOTER ASSISTANCE AFFIDAVIT [OATH].   (a)  Before a [A] person other than an election officer provides   [selected to provide] assistance to a voter, the assisting person   must complete, sign, and submit an affidavit that includes:                (1)  the assisting person's legal name, residence   address, and date of birth;                (2)  the nature of the relationship of the person to the   voter;                (3)  the reason for the voter's eligibility to receive   assistance under Section 64.031;                (4)  a disclosure of whether the assisting person has   been compensated in any way or offered or promised any type of   compensation, political favor, or official act of discretion to   assist voters; and                (5)  [must take] the following oath, which must be    administered by an election officer at the polling place, before   providing assistance:          "I swear (or affirm) under penalty of law that all of the   above information and affirmations are true and accurate, and that   I will not suggest, by word, sign, or gesture, how the voter should   vote nor communicate any opinion regarding any candidate, measure,   or political party; I will confine my assistance to answering the   voter's questions about the process of casting the ballot, to   stating propositions on the ballot, and to naming candidates and,   if listed, their political parties; I will prepare the voter's   ballot only as the voter specifically directs; 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. I understand it   is a criminal offense to provide false information in this   affidavit, to make any record of or divulge any information about   how a voter has voted, or to in any way influence the independent   choice of the voter."          (b)  Before allowing a person to assist a voter under   Subsection (a), an election officer must:                (1)  review the voter assistance affidavit form and   confirm that the form is complete;                (2)  note on the form the reason provided by the voter   for eligibility for assistance under Section 64.031;                (3)  confirm that the assisting person is eligible to   assist the voter under Section 64.032 based on the answers   provided;                 (4)  administer the oath to the assisting person; and                (5)  sign the voter assistance affidavit attesting that   the officer has complied with Subdivisions (1)-(4).          (c)  An election officer commits an offense if the officer   knowingly fails to comply with any part of Subsection (b). An   offense under this subsection is a Class A misdemeanor.          (d)  A person commits an offense if the person knowingly   provides false information on a voter assistance affidavit. An   offense under this subsection is a state jail felony.          (e)  A person commits an offense if the person knowingly   omits information on an affidavit under this section. An offense   under this subsection is a Class A misdemeanor.          (f)  An offense under this section 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.          (g)  The secretary of state shall prescribe a form to   implement this section.          SECTION 7.  Section 64.036, Election Code, is amended to   read as follows:          Sec. 64.036.  UNLAWFULLY ASSISTING OR INFLUENCING A VOTER   [UNLAWFUL ASSISTANCE]. (a)  A person commits an offense if the   person knowingly:                (1)  provides assistance to a voter who is not blind,   disabled, or unable to read or write [eligible for assistance];                (2)  while assisting a voter prepares the voter's   ballot in a way other than the way the voter directs or without   specific direction from the voter for each selection the assisting   person marks on the ballot;                (3)  while assisting a voter suggests by word, sign, or   gesture how the voter should vote; or                (4)  provides assistance to a voter who has not   requested assistance and [or] selected the person to assist the   voter.          (b)  A person commits an offense if the person knowingly   assists a voter in violation of Section 64.032 [64.032(c)].          (c)  An election officer commits an offense if the officer   knowingly permits a person to provide assistance:                (1)  to a voter in violation of this section [who is not   eligible for assistance]; or                (2)  in violation of Section 64.032 [64.032(c)].          (d)  An offense under this section is a state jail felony,   unless the offense is committed under Subsection (c), in which case   it is a Class A misdemeanor.          (e)  An offense under this section 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.          (f)  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.          SECTION 8.  Section 84.004(e), Election Code, is amended to   read as follows:          (e)  An offense under this section is a Class A [B]   misdemeanor.          SECTION 9.  Section 84.0041, Election Code, is amended to   read as follows:          Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE   INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a) A person   commits an offense if the person:                (1)  knowingly provides false information on an   application for [an early voting] ballot by mail;                (2)  intentionally causes false information to be   provided on an application for ballot by mail;                (3)  knowingly submits an application for ballot by   mail without the knowledge and authorization of the voter; or                (4)  knowingly alters or provides information on a   voter's application for ballot by mail without the voter's request.          (b)  An offense under this section is a state jail felony   [unless the person is the applicant, is related to the applicant   within the second degree by affinity or the third degree by   consanguinity, as determined under Subchapter B, Chapter 573,   Government Code, or is registered to vote at the same address as the   applicant, in which event the offense is a Class A misdemeanor].          (c)  An offense under Subsection (a)(4) does not apply to an   early voting clerk or deputy early voting clerk who receives and   marks an application for administrative purposes only.          (d)  An offense under this section 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.          SECTION 10.  The heading to Section 86.0051, Election Code,   is amended to read as follows:          Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON   OTHER THAN VOTER[; OFFENSES].          SECTION 11.  Section 86.0051, Election Code, is amended by   amending Subsections (b), (d), and (e) and adding Subsection (f) to   read as follows:          (b)  A person other than the voter who assists a voter by   depositing [deposits] the carrier envelope in the mail or with a   common or contract carrier or who obtains the carrier envelope for   that purpose must provide the information required to be provided   on the certificate [person's signature, printed name, and residence   address] on the reverse side of the envelope.          (d)  An offense under this section is a Class A [B]   misdemeanor, unless it is shown on the trial of an offense under   this section that the person committed [is convicted of] an offense   under Section 64.036 for providing unlawful assistance to the same   voter in connection with the same ballot, in which event the offense   is a state jail felony.          (e)  This section does  [Subsections (a) and (c) do] not   apply if the person is related to the voter [applicant] 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 [is registered to vote at] the same dwelling   [address] as the voter at the time of the event [applicant].          (f)  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.          SECTION 12.  Sections 86.006(f), (g), and (g-1), Election   Code, are amended to read as follows:          (f)  A person commits an offense if the person knowingly   possesses an official ballot or official carrier envelope provided   under this code to another. Unless the person possessed the ballot   or carrier envelope with intent to defraud the voter or the election   authority, this subsection does not apply to a person who, on the   date of the offense, was:                (1)  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;                (2)  physically living in [registered to vote at] the   same dwelling [address] as the voter;                (3)  an early voting clerk or a deputy early voting   clerk;                (4)  a person who possesses a ballot or [the] carrier   envelope solely for the purpose of lawfully assisting a voter who   was eligible for assistance under Section 86.010 and complied fully   with:                      (A)  Section 86.010; and                      (B)  Section 86.0051, if assistance was provided   only in order to deposit the envelope in the mail or with a common or   contract carrier [and who provides the information required by   Section 86.0051(b) in accordance with that section];                (5)  an employee of the United States Postal Service   working in the normal course of the employee's authorized duties;   or                (6)  a common or contract carrier working in the normal   course of the carrier's authorized duties if the official ballot is   sealed in an official carrier envelope that is accompanied by an   individual delivery receipt for that particular carrier envelope.          (g)  An offense under Subsection (f) is a Class A misdemeanor   unless the defendant possessed the ballot or carrier envelope   without the request of the voter, in which case it is a felony of the   third degree. 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 [:                [(1)     a Class B misdemeanor if the person possesses at   least one but fewer than 10 ballots or carrier envelopes unless the   person possesses the ballots or carrier envelopes without the   consent of the voters, in which event the offense is a state jail   felony;                [(2)     a Class A misdemeanor if the person possesses at   least 10 but fewer than 20 ballots or carrier envelopes unless the   person possesses the ballots or carrier envelopes without the   consent of the voters, in which event the offense is a felony of the   third degree; or                [(3)     a state jail felony if the person possesses 20 or   more ballots or carrier envelopes unless the person possesses the   ballots or carrier envelopes without the consent of the voters, in   which event the offense is a felony of the second degree].          (g-1)  An offense under Subsection (g) 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 an individual 65 years of age   or older; or                (3)  the defendant committed another offense under this   section in the same election [When ballots or carrier envelopes are   obtained in violation of this section pursuant to one scheme or   continuing course of conduct, whether from the same or several   sources, the conduct may be considered as one offense and the number   of ballots or carrier envelopes aggregated in determining the grade   of the offense].          SECTION 13.  Section 86.010, Election Code, is amended to   read as follows:          Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY   MAIL. (a)  A voter casting a ballot by mail who would be eligible   under Section 64.031 to receive assistance at a polling place may   select a person as provided by Section 64.032(c) to assist the voter   in preparing the ballot.          (b)  Assistance rendered under this section is limited to   that authorized by this code at a polling place, except that a voter   with a disability who is physically unable to deposit the ballot and   carrier envelope in the mail may also select a person as provided by   Section 64.032(c) to assist the voter by depositing a sealed   carrier envelope in the mail.          (c)  The person assisting the voter must sign and complete a   written affidavit [oath] prescribed by Section 64.034 that is part   of the certificate on the official carrier envelope.          (d)  If a voter is assisted in violation of this section   [Subsection (a) or (b)], the voter's ballot may not be counted.          (e)  Before accepting a ballot under this section, an early   voting clerk must confirm the information provided under Subsection   (c) following the procedure described by Section 64.034(b)  [A   person who assists a voter to prepare a ballot to be voted by mail   shall enter the person's signature, printed name, and residence   address on the official carrier envelope of the voter].          (f)  A person who assists a voter commits an offense if the   person knowingly fails to provide the information on the official   carrier envelope [as] required by Subsection (c) [(e)].          (g)  An offense under this section is a [Class A misdemeanor   unless the person is convicted of an offense under Section 64.036   for providing unlawful assistance to the same voter, in which event   the offense is a] state jail felony.          (h)  Subsection (c) or (f) does not apply if the person is   related to the voter [applicant] 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 [is registered to vote at] the same dwelling [address] as   the voter at the time of the event [applicant].          (i)  An offense under this section 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.          (j)  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.          SECTION 14.  Section 86.0105, Election Code, is amended to   read as follows:          Sec. 86.0105.  PAID VOTE HARVESTING ACTIVITY [COMPENSATION   FOR ASSISTING VOTERS PROHIBITED]. (a)  A person commits an offense   if the person:                (1)  compensates or offers to compensate another person   for collecting mail ballots or assisting voters [as provided by   Section 86.010,] as part of any performance-based compensation   scheme based on the number of ballots collected or voters assisted   or in which another person is presented with a quota of ballots to   be collected or voters to be assisted [as provided by Section   86.010];                (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 collected or voters assisted   [as provided by Section 86.010]; or                (3)  [with knowledge that accepting compensation for   such activity is illegal,] accepts compensation or an offer of   compensation for an activity described by Subdivision (1) or (2).          (b)  Except as provided by Subsection (c), an offense under   this section is a Class 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 increased to the next   higher category of offense [a state jail felony] 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 [two or   more times] under this section in the same election.          (d)  An officer, director, or other agent of an entity that   commits an offense under this section is punishable for the   offense.          (e)  For purposes of this section, compensation means any   form of monetary payment, goods, services, benefits, or promises or   offers of employment, or any other form of consideration offered to   another person in exchange for assisting voters.          SECTION 15.  Section 86.013(d), Election Code, is amended to   read as follows:          (d)  The following textual material, as prescribed by the   secretary of state, must be printed on the reverse side of the   official carrier envelope or on a separate sheet accompanying the   carrier envelope when it is provided:                (1)  the prohibition prescribed by Section 86.006(b);                (2)  the conditions for delivery by common or contract   carrier prescribed by Sections 81.005 and 86.006;                (3)  the requirements for the legal execution and   delivery of the carrier envelope, including the prohibition on   compensation for depositing carrier envelopes containing ballots   voted by other persons under Section 86.0105 [86.0052];                (4)  the prohibition prescribed by Section 86.006(e);   and                (5)  the offenses prescribed by Sections 86.006(f) and   86.010(f).          SECTION 16.  Section 87.041, Election Code, is amended by   amending Subsections (b) and (e) and adding Subsection (g) to read   as follows:          (b)  A ballot may be accepted only if:                (1)  the carrier envelope certificate is properly   executed in compliance with Sections 86.006 and 86.010;                (2)  neither the voter's signature on the ballot   application nor the signature on the carrier envelope certificate   is determined to have been executed by a person other than the   voter, unless signed by a witness;                (3)  the voter's ballot application states a legal   ground for early voting by mail;                (4)  the voter is registered to vote, if registration   is required by law;                (5)  the address to which the ballot was mailed to the   voter, as indicated by the application, was outside the voter's   county of residence, if the ground for early voting is absence from   the county of residence;                (6)  for a voter to whom a statement of residence form   was required to be sent under Section 86.002(a), the statement of   residence is returned in the carrier envelope and indicates that   the voter satisfies the residence requirements prescribed by   Section 63.0011; and                (7)  the address to which the ballot was mailed to the   voter is an address that is otherwise required by Sections 84.002   and 86.003.          (e)  In making the determination under Subsection (b)(2),   the board may also compare the signatures with any two or more   signatures of the voter made within the preceding six years and on   file with the voter registrar to confirm that the signatures are   those of the same person [but may not use the signatures to   determine that the signatures are not those of the same person].          (g)  A person commits an offense if the person intentionally   accepts a ballot or causes a ballot to be accepted for voting that   does not meet the requirements of Subsection (b). An offense under   this subsection is a Class A misdemeanor.          SECTION 17.  Section 87.0431, Election Code, is amended to   read as follows:          Sec. 87.0431.  NOTICE OF REJECTED BALLOT. (a)  Not later   than the 10th day after election day, the presiding judge of the   early voting ballot board shall deliver written notice of the   reason for the rejection of a ballot to the voter at the residence   address on the ballot application.  If the ballot was transmitted   to the voter by e-mail under Subchapter C, Chapter 101, the   presiding judge shall also provide the notice to the e-mail address   to which the ballot was sent.          (b)  The presiding judge shall, not later than the 10th day   after election day, deliver written notice to the attorney general,   including certified copies of the carrier envelope and   corresponding ballot application, of any ballot rejected because:                (1)  the voter was deceased;                (2)  the voter already voted in person in the same   election;                (3)  the signatures on the carrier envelope and ballot   application were not executed by the same person;                (4)  the carrier envelope certificate lacked a witness   signature; or                (5)  the carrier envelope certificate was improperly   executed by an assistant.          SECTION 18.  Section 86.0052, Election Code, is repealed.          SECTION 19.  The changes in law made by this Act apply 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 20.  This Act takes effect September 1, 2017.