By: Toth H.B. No. 5234       A BILL TO BE ENTITLED   AN ACT   relating to election integrity and security, including by   preventing fraud in the conduct of elections in this state;   authorizing a penalty, increasing a penalty.          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 Accuracy, Transparency, and Accountability Act.          SECTION 1.02.  Chapter 41 of the Texas Election Code is   amended to read as follows:          Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY   OFFICERS. The general election for state and county officers shall   be held on the first Tuesday after the first Monday in November in   even-numbered years.  Voting by personal appearance shall begin 8   calendar days in advance of election day culminating on election   day for a total of 9 consecutive days for voting by personal   appearance.          SECTION 1.03.  Title 7 of the Election Code shall be amended   to repeal provisions permitting and governing early voting by   personal appearance.          SECTION 1.04.  Chapter 42 of the Texas Election Code shall be   amended as follows:          Sec. 42.006.  POPULATION REQUIREMENTS. (a)  Except as   otherwise provided by this section, a county election precinct must   contain at least 100 but not more than 2,000 [5,000] registered   voters.          SECTION 1.05.  Chapter 43 of the Texas Election Code shall be   amended as follows:          Sec. 43.001.  ONE POLLING PLACE IN EACH PRECINCT.  Each   election precinct established for an election shall be served by a   single polling place located within the boundary of the precinct or   adjoining precinct.  More than one precinct may vote at the same   location provided the location is large enough to accommodate all   election activities as required by this code while keeping those   activities separate and distinct for each precinct.          Sec. 43.031.  POLLING PLACE IN PUBLIC BUILDING. (a)  In this   subchapter, "public building" means a building owned or controlled   by the state or a political subdivision.          (b)  Each polling place shall be located inside a building.     The room where the election is conducted shall be used solely for   that purpose during the election and shall be capable of being   locked and secured from unauthorized access at any time an election   judge is not present.          (b-1)  No voter may cast a vote from inside a motor vehicle   unless the voter meets the requirements of Section 64.009.  A   violation of this section is a state-jail felony offense.          Sec. 43.031  (e) A polling place may not be located at the   residence or business location of a person who is:                (1)  a candidate for an elective office, including an   office of a political party; or                (2)  related within the third degree by consanguinity   or the second degree by affinity, as determined under Chapter 573,   Government Code, to a candidate described by Subdivision (1).          (f)  The polling place may not be located in a movable   structure.          SECTION 1.06.  Chapter 51 of the Texas Election Code shall be   amended as follows:          Sec. 51.004.  DISTRIBUTING SUPPLIES.          (b)  The appropriate and sufficient amounts of supplies   including but not limited to ballots shall be distributed to each   presiding election judge not later than one hour before the polls   are required to be open for voting [and to the early voting clerk   before the beginning of early voting].          (c)  In addition to any other penalty set forth in this code,   failure to comply with this section or Section 51.005 by an election   administrator or election officer whether or not intentional   impacting more than one precinct shall result in the removal of the   election administrator or election officer and the election shall   be reconducted.          Sec. 51.005.  NUMBER OF BALLOTS. (a)  The authority   responsible for procuring the election supplies for an election   shall provide for each election precinct a number of ballots equal   to at least the [percentage] number of registered voters [who   voted] in that precinct [in the most recent corresponding election]   plus 1 [25] percent of that number [except that the number of   ballots provided may not exceed the total number of registered   voters in the precinct].          Sec. 51.011.  OBSTRUCTING DISTRIBUTION OF SUPPLIES. (a)  A   person commits an offense if the person intentionally obstructs the   distribution of election supplies for an election.          (b)  An offense under this section is a state jail felony   [Class C misdemeanor].          Sec. 51.013.  IDENTIFICATION OF PRINTERS FOR PRIMARY   ELECTION OR GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. Amend   to add (e), (f)and (g):          (e)  Ballot printing services shall be procured from   printers located within the state of Texas.          (f)  Chain of custody procedures including securing batches   with uniquely numbered seals that are logged, shall be followed   including documentation of such procedures by the printer from the   time the ballots come off the press until they are delivered   securely to the county elections officer.  Failure of printer to   follow chain of custody procedures and/or produce required   documentation at the time of delivery of ballots shall result in   termination of all present and future contracts.          (g)  Chain of custody procedures including securing batches   with uniquely numbered seals that are logged, shall be followed   including documentation of such procedures by the printer from the   time the ballots come off the press until they are delivered   securely to the county elections officer.  Failure of printer to   follow chain of custody procedures and/or produce required   documentation at the time of delivery of ballots shall result in   termination of all present and future contracts.          SECTION 1.07.  Chapter 52 of the Texas Election Code shall be   Amended to read as follows:          Sec. 52.0064.  ACTIONS TO BE TAKEN BY RESPONSIBLE CLERK IN   EVENT OF MISPRINT or BALLOT PRINTING ERROR.          (a)  In the event of a misprint or other error in printing one   or more ballots, such ballots must be marked "VOID" in large letters   across the front of the ballots.    (b) Such void ballots must be   accounted for by ballot number, placed in locked containers with   numbered seals marked "VOID MISPRINTED BALLOTS" and placed in a   secure, locked location and retained as election records.  Such   void ballots numbers shall be recorded as void numbers and no voided   ballot numbers may be used for any re-printed ballots.  Strict chain   of custody procedures shall be followed.     [Sec.A52.0064.DESTRUCTION OF INCORRECT BALLOTS.  (a)  If new   ballots are prepared to make a correction on the ballot, the   authority responsible for having the official ballot prepared shall   destroy the incorrect ballots in the presence of: (1)the sheriff,   in an election ordered by the governor or a primary election; or   (2)the authority responsible for ordering the election, in any   other election. (b)The authority responsible for having the   official ballot prepared shall post in the authority 's office a   notice of the date, hour, and place of the destruction of the   incorrect ballots. The notice must remain posted continuously for   the 72 hours preceding the scheduled time of the destruction.   (c)Any interested person is entitled to be present at the   destruction of incorrect ballots. (d) The authority responsible for   having the official ballot prepared shall prepare a record of the   incorrect ballots that are destroyed.  The authority shall preserve   the record for the period for preserving the precinct election   records.]          Sec. 52.061.  PRINTING ON BALLOT. (a)  The ballot shall be   designed for hand marking and shall be printed in black ink, on   secure, auditable, counterfeit resistant, non-encrypted paper, on   white or light-colored paper, but the ballot may not be the same   color as sample ballots.  No ballot may contain any QR or bar code   or any other code not readable by the human eye nor may a ballot   contain any open or encrypted of tracking, tracing or identifying a   voter's ballot.          (c)  The voting precinct number and polling location shall be   pre-printed on all pages of the ballot.          (d)  Failure of the Election Administrator comply with this   section shall be a Class A misdemeanor.          Sec. 52.062.  NUMBERING OF BALLOTS. The ballots prepared by   each authority responsible for having the official ballot prepared   shall be numbered sequentially and in accordance with this code,   with no gap in numbering, on the front and back of each ballot,   consecutively beginning with the number "1."  No ballot in the state   shall have a duplicative number.          SECTION 1.08.  Chapter 61 of the Texas Election Code shall be   amended as follows:          Sec. 61.002.  CLOSING POLLING PLACE FOR VOTING.          (c)  Immediately after closing the polls for voting on   [election day] the final day of voting, the presiding election   judge or alternate election judge shall follow the hand counting   procedures set forth in Chapter 61.0021 of the code. [print the tape   to show the number of votes cast for each candidate or ballot   measure for each voting machine.   Each election judge or alternate election judge present shall sign   a tape printed under this section]]          Sec. 61.0021   OF COUNTING ELECTION.          (a)  All elections shall be conducted with full transparency   and video recorded without interruption.  These video recordings   shall be made freely available to all interested parties and   publicly posted so that they can be access by every citizen without   cost or additional request.  The video recordings must clearly   capture the ballot selections on each ballot counted and the   tabulation result associated with that ballot.          (a-1)  If technically feasible, the hand counting procedure   may be live streamed.          (b)  The election materials including ballots, ballot boxes,   and envelopes used for provisional ballots at a polling place shall   be in plain view of at least one election officer from the time the   polls open for voting until the precinct returns have been   certified.  The election materials must also have constant video   recording from the time the polls open for voting until the precinct   returns have been certified while ensuring no individual voter is   identifiably recorded.          (c)  All counting shall be done by hand at the precinct prior   to transporting the ballots to any other location.          (d)  Counting shall be performed by bi-partisan teams. Each   team shall be assigned a reasonable number of ballots in batches and   the video recording will memorialize and confirm the count. Prior   to beginning the count, the video recording will begin by recording   a caption page.  This page will define the time, date, team members,   supervisor members and a sample ballot.  The video will conclude   showing the same caption page except that the caption page shall be   signed by the team members and the raw totals shall be listed by   race. This video recording shall be securely made so that it cannot   be altered in any way.  A sufficient number of counting teams shall   be assembled so as to complete the count within approximately three   hours of the closing of the polls.  These teams shall be supervised   by an appropriate number of supervisory teams composed of equal   numbers of the major political parties.  At the conclusion of each   count, members of the counting team, supervisors and any poll   watchers present shall sign that the count has been completed and   report the totals they determined from that count.          (e)  The public shall be provided with access to the video   recordings at the earliest time possible.  Before the election may   be certified, the public shall be provided 30 days to examine the   video recordings for errors.  Should a voter registered in the   county determine that the count was in error, such registered voter   shall notify the supervisor of elections of the error, identifying   the video that is in error along with the time location in the video   where the count was made incorrectly.  The registered voter   reporting the error is not required to not make the report public.   The canvassing authority shall review the video recording in   question to make a determination whether the count was in error.   Poll watchers shall be permitted to be present during the review of   the video recording in question.  If the error is confirmed, the   official results shall be corrected.  Should the canvassing   authority fail to diligently correct the error prior to certifying   the election, or if there is a dispute as to whether an error   exists, two or more voters registered in the county are permitted to   file a suit and, if they are found to be correct, the plaintiffs   shall recoup their attorney's fees and costs of court associated   with the suit.  In addition, members of the canvassing authority who   failed to correct the error shall be subject to recall and removal   from their elected office upon petition of 10 registered voters of   the jurisdiction, which recall shall be decided in a special   election to occur within 45 days after the filing of the petition.     During the interim, the members of the canvassing authority who are   the subject of the recall shall be suspended from their duties until   the recall results are determined.          (f)  The court or jury shall make any required final   determination of an error in the count utilizing the video   recording of that team's count and may take testimony as required to   assist in their fact finding.          (g)  At the conclusion of the counting process, the caption   pages of each team shall be compiled to determine the election   results.  The tallies from the caption pages shall be recorded on a   final tally sheet and added by two members of a bi-partisan team.     Poll watchers may also verify the totals. Bi-partisan team members   shall sign the final tally sheet, certifying its accuracy.          (h)  Mail in ballots shall be transported unopened to the   precinct in which the person would have voted in person.  They shall   be opened at the precinct and counted with the ballots that were   voted in person.          (i)  At no time will the supervisor of elections, any   election staff, nor any other party restore, clean-up, define,   enhance, or alter a voter's submitted ballot in any way.  A   violation under this section is a Class A misdemeanor.          (j)  The results of the hand count shall be posted on the door   of the precinct for a minimum period of three days.  All precinct   results shall be posted by precinct, on the county website and the   secretary of state's website.  The presiding judge shall ensure the   results are correctly posted both on the county's website and on the   secretary of state's website.          Sec. 61.005.  SECURITY OF BALLOTS, BALLOT BOXES, AND   ENVELOPES.  (a)  From the time a presiding judge receives the   [official] ballots and other election materials [for an election]   until the closing of the polls on the final day of voting and   delivery of such voting materials to the official delivery   location,[precinct returns for that election have been certified,]   the presiding judge shall take the precautions necessary to prevent   access to such election materials, the ballots, ballot boxes, and   envelopes used for provisional ballots, ensure that the room where   the election is being conducted is locked and completely secured   from unauthorized access at any time the judge or an alternate judge   is not present, that the ballots both voted and unvoted are secured   in a box or cabinet that is secured with a uniquely numbered seal.     The numbers of such seals shall be logged on the reconciliation   reports by the judge or alternate judge. [in a manner not   authorized by law.]   (b)  The ballots, ballot boxes, and envelopes used for provisional   ballots at a polling place shall be in plain view of at least one   election officer or secured as set forth in (a) above from the time   the polls open for voting until the precinct returns have been   certified.          (2)  A presiding election judge commits an offense if the   judge fails to prevent another person from handling a ballot box   containing voters' marked ballots or an envelope containing a   voter's provisional ballot in an unauthorized manner or from making   an unauthorized entry into the ballot box or envelope.  An offense   under this subsection is a Class A misdemeanor.  If the offense is   committed knowingly, it shall be a third-degree felony.          (c)(1)  At any time the judge suspects a security incident or   breach of the equipment, the ballot box, the unvoted ballots or of   any other election materials, or in the event a numbered seal does   not match the number of the seal recorded by the judge the night   before, the judge shall immediately segregate and secure the   affected box or materials, and shall contact both the county   sheriff and the county election officer and report the facts.  If   necessary, the county election officer shall deliver additional   election materials, as needed to the precinct, within 1 hour of the   initial report in order that voting may continue.  The judge shall   guard against unnecessary handling of breached election materials   and shall preserve any evidence that may assist in any   investigation. The county election officer and the sheriff shall   conduct a full investigation to determine what occurred and the   cause.  The county election officer shall ensure that only legally   cast ballots are counted.  If the breach was on a voting day prior to   election day, the county shall post an overnight guard at the   polling location for the remainder of the voting period to ensure no   further breach occurs.          (c)(2)  At the appropriate time and as needed, the judge   shall provide an affidavit of facts. The county election officer   shall make a full report to the county party chairs and the   secretary of state within 24 hours of receiving the report.          Sec. 61.007.  UNLAWFULLY REVEALING INFORMATION BEFORE POLLS   CLOSE. (c)  Beginning at 9:30 a.m. on each day of voting and at each   subsequent two-hour interval through [5:30 p.m.] the closing of the   polls, the presiding judge shall post written notice of the total   cumulative number of voters who have voted in the precinct and the   number of voters who have voted that day.  The notice shall be   posted at an outside door through which a voter may enter the   building in which the polling place is located.          Sec. 61.014.  USE OF CERTAIN DEVICES. (a)  A person may not   use a wireless communication device within 100 feet of a voting   station.          (b)  A person may not use any mechanical or electronic means   of recording images or sound within 100 feet of the entrance to a   voting station.          (c)  The presiding judge may require a person who violates   this section to turn off the device or to leave the polling place.          (d)  This section does not apply to:                (1)  an election officer in conducting the officer's   official duties;                (2)  the use of election equipment necessary for the   conduct of the election; or                (3)  a person who is employed or serving as a watcher at   the location in which a polling place is located while the person is   acting in the course of the person's employment or service.          (e)  Violation of this section shall be an offense that is a   Class C misdemeanor.          SECTION 1.09.  Chapter 63, Election Code, is amended as   follows:          Sec. 63.003.  POLL LIST. (a)  A printed, physical poll list   containing the list of names of the voters duly registered in the   precinct as of the date that is 30 days in advance of election day   including their residence address, whether they applied for a   mail-in ballot, and space to indicate the information required in   65.003(e) shall be [maintained] kept by an election officer at the   precinct polling place.  (a)(1) Each voter shall be required to   place their regular signature upon the poll list in the signature   space next to their name.          (c)  An election officer shall enter each accepted voter's   name by hand on [the] a separate voter roster list after the voter   signs the poll book list [signature roster].  The voter roster form   shall provide space for the judge to indicate whether the voter's   name is a similar name to the registered name rather than the exact   name. The voter roster shall be kept in quadruplicate with the   original going in the box with the voted ballots, a copy retained by   the election judge, a copy retained by the alternate election   judge, and a copy submitted to the county clerk in the appropriate   closing envelope.  The county clerk shall provide the list to the   ballot board upon request.          (d)  If the poll list indicates a voter requested a mail-in   ballot, the election judge shall ensure that the process for   cancelling the mail in ballot is followed before allowing a voter to   vote.  [The poll list may be in the form of an electronic device   approved by the secretary of state. The secretary of state shall   adopt rules governing the use of electronic poll lists.]          (e)  The poll book shall include space for an election   officer to indicate whether a voter executed a Declaration of   Reasonable Impediment under Section 63.001(i).          Sec. 63.011.  PROVISIONAL VOTING. (a)  A person to whom   Section 63.001(g) or 63.009 applies may cast a provisional ballot   if the person executes an affidavit stating that the person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  is eligible to vote in the election.          (a-1)  A person to whom the [early voting] clerk was required   to provide a[n] [early] voting ballot by mail under Section 86.001   and who did not vote [early] by mail may cast a provisional ballot   on election day if the person executes an affidavit stating that the   person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  did not vote [early] by mail.          SECTION 1.10.  Chapter 276.019, Election Code is amended as   follows:          Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES. A   public official or election official may not create, alter, modify,   waive, or suspend any election standard, practice, or procedure   mandated by law or rule in a manner not expressly authorized by this   code.  (a)  A violation of this section is subject to injunctive   relief or mandamus as provided by this code; and                      (3)  (b)  a knowing or intentional first offense   under this section is a class A misdemeanor;                      (4)  (c)  each offense thereafter is a state jail   felony.          SECTION 1.11.  Title 7 of the Election Code shall be amended   to repeal provisions permitting and governing early voting by   personal appearance.          SECTION 1.12.  The following provisions of the Election Code   are repealed:          (1) Section 31.014;          (2) Section 32.002(c-1);          (3) Section 32.032;          (4) Section 43.004(c);          (5) Section 43.007;          (6) Section 52.075;          (7) Section 61.002 (a) and (b);          (8) Section 63.0102;          (9) Section 63.002(d);          (10) Section 63.004;          (11) Section 63.0102(d);          (12) Section 64.009(f), (f-1), (g), and (h);          (13) Section 82.003;          (14) Section 84.0111(c);          (15) Chapter 85;          (16) Title 8          SECTION 1.13.  This Act takes effect September 1, 2023.