S.B. No. 1         AN ACT   relating to election integrity and security, including by   preventing fraud in the conduct of elections in this state;   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.          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)  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   Constitutions, but are enacted solely to prevent fraud in the   electoral process and ensure that all legally cast ballots are   counted.  Integral to the right to vote is the assurance of voter   access and the right for all votes legally cast to be counted;                (5)  additionally, preventing a valid vote from being   counted violates the basic constitutional rights guaranteed to each   citizen by the United States Constitution; and                (6)  providing for voter access and increasing the   stability of a constitutional democracy ensures public confidence   in the legitimacy of public officers chosen by election.          SECTION 1.04.  Chapter 1, Election Code, is amended by   adding Section 1.0015 to read as follows:          Sec. 1.0015.  LEGISLATIVE INTENT. It is the intent of the   legislature that the application of this code and the conduct of   elections be uniform and consistent throughout this state to reduce   the likelihood of fraud in the conduct of elections, protect the   secrecy of the ballot, promote voter access, and ensure that all   legally cast ballots are counted.          SECTION 1.05.  Section 1.003, Election Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  Election officials and other public officials shall   strictly construe the provisions of this code to effect the intent   of the legislature under Section 1.0015.          SECTION 1.06.  Section 1.005, Election Code, is amended by   amending Subdivision (4-a) and adding Subdivision (4-b) to read as   follows:                (4-a)  "Election official" means:                      (A)  a county clerk;                      (B)  a permanent or temporary deputy county clerk;                      (C)  an elections administrator;                      (D)  a permanent or temporary employee of an   elections administrator;                      (E)  an election judge;                      (F)  an alternate election judge;                      (G)  an early voting clerk;                      (H)  a deputy early voting clerk;                      (I)  an election clerk;                      (J)  the presiding judge of an early voting ballot   board;                      (K)  the alternate presiding judge of an early   voting ballot board;                      (L)  a member of an early voting ballot board;                      (M)  the chair of a signature verification   committee;                      (N)  the vice chair of a signature verification   committee;                      (O)  a member of a signature verification   committee;                      (P)  the presiding judge of a central counting   station;                      (Q)  the alternate presiding judge of a central   counting station;                      (R)  a central counting station manager;                      (S)  a central counting station clerk;                      (T)  a tabulation supervisor;                      (U)  an assistant to a tabulation supervisor; and                      (V)  a chair of a county political party holding a   primary election or a runoff primary election.                (4-b)  "Federal judge" means:                      (A)  a judge, former judge, or retired judge of a   United States court of appeals;                      (B)  a judge, former judge, or retired judge of a   United States district court;                      (C)  a judge, former judge, or retired judge of a   United States bankruptcy court; or                      (D)  a magistrate judge, former magistrate judge,   or retired magistrate judge of a United States district court.          SECTION 1.07.  Section 1.018, Election Code, is amended to   read as follows:          Sec. 1.018.  APPLICABILITY OF PENAL CODE. In addition to   Section 1.03, Penal Code, and to other titles of the Penal Code that   may apply to this code, Titles 2 and [Title] 4, Penal Code, apply   [applies] to offenses prescribed by this code.          SECTION 1.08.  Chapter 1, Election Code, is amended by   adding Section 1.022 to read as follows:          Sec. 1.022.  REASONABLE ACCOMMODATION OR MODIFICATION. A   provision of this code may not be interpreted to prohibit or limit   the right of a qualified individual with a disability from   requesting a reasonable accommodation or modification to any   election standard, practice, or procedure mandated by law or rule   that the individual is entitled to request under federal or state   law.   ARTICLE 2.  REGISTRATION OF VOTERS          SECTION 2.01.  Section 13.002, Election Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  The information required under Subsections (c)(3),   (4), (5), (6), and (8) must be supplied by the person desiring to   register to vote.          SECTION 2.02.  Section 13.007, Election Code, is amended to   read as follows:          Sec. 13.007.  FALSE STATEMENT ON APPLICATION. (a)  A person   commits an offense if the person knowingly or intentionally:                (1)  makes a false statement; or                (2)  requests, commands, coerces, or attempts to induce   another person to make a false statement on a registration   application.          (b)  An offense under this section is a Class A [B]   misdemeanor, except that an offense under this section is a state   jail felony if the person:                (1)  directly or through a third party offers or   provides compensation or other benefit to a person for activity   described by Subsection (a); or                (2)  solicits, receives, or accepts compensation or   other benefit for an activity described by Subsection (a).          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under another law, the actor   may be prosecuted under this section, the other law, or both. [For   purposes of this code, an offense under this section is considered   to be perjury, but may be prosecuted only under this section.]          SECTION 2.03.  Section 15.021, Election Code, is amended by   amending Subsections (b) and (d) and adding Subsections (d-1) and   (d-2) to read as follows:          (b)  Except as provided by Subsection (d), the [The] voter   shall use the registration certificate or a registration   application form as the notice, indicating the correct information   in the appropriate space on the certificate or application form   unless the voter does not have possession of the certificate or an   application form at the time of giving the notice.          (d)  A voter [who continues to reside in the county in which   the voter is registered] may correct information under this section   by digital transmission of the information under a program   administered by the secretary of state and the Department of   Information Resources.          (d-1)  If the notice indicates that a voter no longer resides   in the county in which the voter is registered, the registrar shall   forward the notice and the voter's application for registration to   the registrar of the county in which the voter resides. The   registrars shall coordinate to ensure that the voter's existing   registration is canceled immediately after the voter is registered   in the county in which the voter resides in accordance with   Subsection (d-2).          (d-2)  A registrar who receives a voter's notice and   application from another registrar under Subsection (d-1) shall   treat it as an original application for registration under Section   13.002, and shall register the voter if the voter resides in the   county and is otherwise eligible under Section 13.001.          SECTION 2.04.  Section 15.028, Election Code, is amended to   read as follows:          Sec. 15.028.  NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO   PROSECUTOR]. [(a)] If the registrar determines that a person who   is not eligible to vote registered to vote or [a registered voter]   voted in an election, the registrar shall, within 72 hours not   including weekends after making the determination, execute and   deliver to the attorney general, the secretary of state, and the   county or district attorney having jurisdiction in the territory   covered by the election an affidavit stating the relevant facts.          [(b)  If the election covers territory in more than one   county, the registrar shall also deliver an affidavit to the   attorney general.]          SECTION  2.05.  Section 16.0332, Election Code, is amended   by amending Subsection (a) and adding Subsections (a-1), (d), and   (e) to read as follows:          (a)  After the registrar receives notification [a list]   under Subsection (a-1) of this section, Section 18.068 of this   code, or Section 62.113, Government Code, of persons excused or   disqualified from jury service because of citizenship status or   notification of persons who indicate a lack of citizenship status   in connection with a motor vehicle or Department of Public Safety   record as provided by Subsection (a-1), the registrar shall deliver   to each registered voter whose name appears on the list a written   notice requiring the voter to submit to the registrar proof of   United States citizenship in the form of a certified copy of the   voter's birth certificate, United States passport, or certificate   of naturalization or any other form prescribed by the secretary of   state. The notice shall be delivered by forwardable mail to the   mailing address on the voter's registration application and to any   new address of the voter known to the registrar.          (a-1)  The secretary of state shall enter into an agreement   with the Department of Public Safety under which information in the   existing statewide computerized voter registration list is   compared against information in the database of the Department of   Public Safety on a monthly basis to verify the accuracy of   citizenship status information previously provided on voter   registration applications. In comparing information under this   subsection, the secretary of state shall consider only a voter's   information in the database of the Department of Public Safety that   was derived from documents presented by the voter to the department   after the person's current voter registration became effective, and   may not consider information derived from documents presented by   the voter to the department before the person's current voter   registration became effective.          (d)  The secretary of state shall prescribe rules for the   administration of this section.          (e)  Not later than December 31 of each year, the secretary   of state shall provide a report to the legislature of the number of   voter registrations canceled under this section during the calendar   year.          SECTION 2.06.  Section 18.065, Election Code, is amended by   adding Subsections (e), (f), (g), (h), and (i) to read as follows:          (e)  If the secretary of state determines that a voter   registrar is not in substantial compliance with a requirement   imposed on the registrar by a provision or rule described in   Subsection (a), the secretary of state shall:                (1)  for the first violation, require the registrar to   attend a training course under Subsection (h);                (2)  for the second violation, audit the voter   registration list for the county in which the registrar serves to   determine the actions needed to achieve substantial compliance   under Subsection (a) and provide the results of the audit to the   registrar; or                (3)  for a third or subsequent violation, if the   secretary of state determines that the registrar has not performed   any overt actions in pursuance of compliance with the actions   identified under Subdivision (2) as necessary for the registrar to   achieve substantial compliance under Subsection (a) within 14 days   of receiving the results of the audit conducted under that   subsection, inform the attorney general that the county which the   registrar serves may be subject to a civil penalty under Subsection   (f).          (f)  A county is liable to this state for a civil penalty of   $1,000 for each day after the 14th day following the receipt of the   results of the audit conducted under Subsection (e)(2) that the   county's voter registrar fails to take overt action to comply with   the actions identified under that subsection as necessary for the   registrar to achieve substantial compliance under Subsection (a).     The attorney general may bring an action to recover a civil penalty   imposed under this section.          (g)  A civil penalty collected by the attorney general under   this section shall be deposited in the state treasury to the credit   of the general revenue fund.          (h)  The secretary of state shall develop and implement a   training course for registrars on substantial compliance with   Sections 15.083, 16.032, and 18.061 and with rules implementing the   statewide computerized voter registration list.          (i)  The secretary of state shall adopt rules and prescribe   procedures for the implementation of this section.          SECTION 2.07.  Section 18.068, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The secretary of state shall quarterly compare the   information received under Section 16.001 of this code and Sections   [Section] 62.113 and 62.114, Government Code, to the statewide   computerized voter registration list. If the secretary determines   that a voter on the registration list is deceased or has been   excused or disqualified from jury service because the voter is not a   citizen or a resident of the county in which the voter is registered   to vote, the secretary shall send notice of the determination   to the voter registrar of the counties considered appropriate by   the secretary.          (a-1)  The secretary of state is not required to send notice   under Subsection (a) for a voter who is subject to an exemption from   jury service under Section 62.106, Government Code, if that   exemption is the only reason the voter is excused from jury service.          SECTION 2.08.  Section 31.006, Election Code, is amended to   read as follows:          Sec. 31.006.  REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.   (a) If, after receiving or discovering information indicating that   [a complaint alleging] criminal conduct in connection with an   election has occurred, the secretary of state determines that there   is reasonable cause to suspect that [the alleged] criminal conduct   occurred, the secretary shall promptly refer the information   [complaint] to the attorney general. The secretary shall deliver   to the attorney general all pertinent documents and information in   the secretary's possession.          (b)  The documents and information submitted under   Subsection (a) are not considered public information until:                (1)  the secretary of state makes a determination that   the information [complaint] received does not warrant an   investigation; or                (2)  if referred to the attorney general, the attorney   general has completed the investigation or has made a determination   that the information [complaint] referred does not warrant an   investigation.          SECTION 2.09.  Subchapter B, Chapter 87, Election Code, is   amended by adding Section 87.028 to read as follows:          Sec. 87.028.  ACCESS TO INFORMATION. (a) On request, a   county election official shall provide to a member of an early   voting ballot board all available information necessary to   fulfilling the functions of the board, including any information   from the statewide computerized voter registration list under   Section 18.061.          (b)  On request, a county election official shall provide to   a member of a signature verification committee all available   information necessary to fulfilling the functions of the committee,   including any information from the statewide computerized voter   registration list under Section 18.061.          (c)  The secretary of state shall adopt rules as necessary to   prevent a member of an early voting ballot board or signature   verification committee from retaining or sharing personally   identifiable information from the statewide computerized voter   registration list under Section 18.061 obtained under this section   for any reason unrelated to the official's official duties.          SECTION 2.10.  Section 62.113(b), Government Code, is   amended to read as follows:          (b)  On the third business day of each month, the clerk shall   send a copy of the list of persons excused or disqualified because   of citizenship in the previous month to:                (1)  the voter registrar of the county;                (2)  the secretary of state; and                (3)  the county or district attorney[, as applicable,]   for an investigation of whether the person committed an offense   under Section 13.007, Election Code, or other law.          SECTION 2.11.  Sections 62.114(b) and (c), Government Code,   are amended to read as follows:          (b)  On the third business day of each month, the clerk shall   send [to the voter registrar of the county] a copy of the list of   persons excused or disqualified in the previous month because the   persons do not reside in the county to:                (1)  the voter registrar of the county; and                (2)  the secretary of state.          (c)  A list compiled under this section may not be used for a   purpose other than a purpose described by Subsection (b) or Section   15.081 or 18.068, Election Code.   ARTICLE 3.  CONDUCT AND SECURITY OF ELECTIONS          SECTION 3.01.  Section 2.053(a), Election Code, is amended   to read as follows:          (a)  On receipt of the certification, the governing body of   the political subdivision by order or ordinance shall [may] declare   each unopposed candidate elected to the office.  If no election is   to be held on election day by the political subdivision, a copy of   the order or ordinance shall be posted on election day at each   polling place used or that would have been used in the election.          SECTION 3.02.  Section 2.056(c), Election Code, is amended   to read as follows:          (c)  A certifying authority shall [may] declare a candidate   elected to an office of the state or county government if, were the   election held, only the votes cast for that candidate in the   election for that office may be counted.          SECTION 3.03.  Sections 43.007(c) and (d), Election Code,   are amended to read as follows:          (c)  In conducting the program, the secretary of state shall   provide for an audit of the voting system equipment [direct   recording electronic voting units] before and after the election,   and during the election to the extent such an audit is practicable.          (d)  The secretary of state shall select to participate in   the program each county that:                (1)  has held a public hearing under Subsection (b);                (2)  has submitted documentation listing the steps   taken to solicit input on participating in the program by   organizations or persons who represent the interests of voters;                (3)  has implemented a computerized voter registration   list that allows an election officer at the polling place to verify   that a voter has not previously voted in the election;                (4)  uses direct recording electronic voting machines,   ballot marking devices, or hand-marked scannable paper ballots that   are printed and scanned at the polling place or any other type of   voting system equipment that the secretary of state determines is   capable of processing votes for each type of ballot to be voted in   the county; and                (5)  is determined by the secretary of state to have the   appropriate technological capabilities.          SECTION 3.04.  Section 43.031(b), Election Code, is amended   to read as follows:          (b)  Each polling place shall be located inside a building.   No voter may cast a vote from inside a motor vehicle unless the   voter meets the requirements of Section 64.009.          SECTION 3.05.  Section 52.092(a), Election Code, is amended   to read as follows:          (a)  Except as provided by Section 2.053(c) or 2.056(e), for   [For] an election at which offices regularly filled at the general   election for state and county officers are to appear on the ballot,   the offices shall be listed in the following order:                (1)  offices of the federal government;                (2)  offices of the state government:                      (A)  statewide offices;                      (B)  district offices;                (3)  offices of the county government:                      (A)  county offices;                      (B)  precinct offices.          SECTION 3.06.  Section 61.002, Election Code, is amended to   read as follows:          Sec. 61.002.  OPENING AND CLOSING POLLING PLACE FOR VOTING.   (a) Immediately before opening the polls for voting on the first   day of early voting and on election day, the presiding election   judge or alternate election judge shall confirm that each voting   machine has any public counter reset to zero and shall print the   tape that shows the counter was set to zero for each candidate or   measure on the ballot.          (b)  At the official time for opening the polls for voting,   an election officer shall open the polling place entrance and admit   the voters.          (c)  Immediately after closing the polls for voting on   election day, the presiding election judge or alternate election   judge shall print the tape to show the number of votes cast for each   candidate or ballot measure for each voting machine.          (d)  Each election judge or alternate election judge present   shall sign a tape printed under this section.          SECTION 3.07.  Section 64.007(c), Election Code, is amended   to read as follows:          (c)  An election officer shall maintain a register of spoiled   ballots at the polling place. An election officer shall enter on   the register the name of each voter who returns a spoiled ballot and   the spoiled ballot's number. The secretary of state shall create   and promulgate a form to be used for this purpose.          SECTION 3.08.  Subchapter A, Chapter 66, Election Code, is   amended by adding Section 66.004 to read as follows:          Sec. 66.004.  POLLING PLACE CHECKLISTS. The secretary of   state shall adopt rules and create a checklist or similar   guidelines to assist the presiding judge of a polling place in   processing forms and conducting procedures required by this code at   the opening and closing of the polling place.          SECTION 3.09.  Section 85.005, Election Code, is amended to   read as follows:          Sec. 85.005.  REGULAR DAYS AND HOURS FOR VOTING. (a)  Except   as provided by Subsection (c), in an election in which a county   clerk [or city secretary] is the early voting clerk under Section   83.002 [or 83.005], early voting by personal appearance at the main   early voting polling place shall be conducted on each weekday of   [the weekdays of] the early voting period that is not a legal state   holiday and for a period of at least nine hours, except that voting   may not be conducted earlier than 6 a.m. or later than 10 p.m.   [during the hours that the county clerk's or city secretary's main   business office is regularly open for business.]          (b)  In an election to which Subsection (a) does not apply,   early voting by personal appearance at the main early voting   polling place shall be conducted at least nine [eight] hours each   weekday of the early voting period that is not a legal state holiday   unless the territory covered by the election has fewer than 1,000   registered voters. In that case, the voting shall be conducted at   least four [three] hours each day. The authority ordering the   election, or the county clerk if that person is the early voting   clerk, shall determine which hours the voting is to be conducted.          (c)  In a county with a population of 55,000 [100,000] or   more, the voting in a primary election or the general election for   state and county officers shall be conducted at the main early   voting polling place for at least 12 hours on each weekday of the   last week of the early voting period, and the voting in a special   election ordered by the governor shall be conducted at the main   early voting polling place for at least 12 hours on each of the last   two days of the early voting period. Voting under this subsection   may not be conducted earlier than 6 a.m. or later than 10 p.m.   Voting shall be conducted in accordance with this subsection in   those elections in a county with a population under 55,000   [100,000] on receipt by the early voting clerk of a written request   for the extended hours submitted by at least 15 registered voters of   the county. The request must be submitted in time to enable   compliance with Section 85.067.          (d)  A voter who has not voted before the scheduled time for   closing a polling place is entitled to vote after that time if the   voter is in line at the polling place by closing time.  The   secretary of state shall promulgate any materials and provide any   training to presiding judges necessary to properly process voters   under this subsection [In an election ordered by a city, early   voting by personal appearance at the main early voting polling   place shall be conducted for at least 12 hours:                [(1)  on one weekday, if the early voting period   consists of less than six weekdays; or                [(2)  on two weekdays, if the early voting period   consists of six or more weekdays].          SECTION 3.10.  Sections 85.006(b) and (e), Election Code,   are amended to read as follows:          (b)  In an election in which a county clerk [or city   secretary] is the early voting clerk under Section 83.002 [or   83.005], only the early voting clerk may order voting on a Saturday   or Sunday.  The clerk must do so by written order.          (e)  In a primary election or the general election for state   and county officers in a county with a population of 55,000   [100,000] or more, the early voting clerk shall order voting by   personal appearance [voting] at the main early voting polling place   to be conducted on the last Saturday of the early voting period for   at least 12 hours, except that voting may not be conducted earlier   than 6 a.m. or later than 10 p.m., [on the last Saturday] and on the   last Sunday of the early voting period for at least six [five]   hours, except that voting may not be conducted earlier than 9 a.m.   or later than 10 p.m [on the last Sunday of the early voting   period].  The early voting clerk shall order voting to be conducted   at those times in those elections in a county with a population   under 55,000 [100,000] on receipt of a written request for those   hours submitted by at least 15 registered voters of the county.  The   request must be submitted in time to enable compliance with Section   85.007.  This subsection supersedes any provision of this   subchapter to the extent of any conflict.          SECTION 3.11.  Section 85.010(a-1), Election Code, is   amended to read as follows:          (a-1)  In this section, "eligible county polling place"   means an early voting polling place[, other than a polling place   established under Section 85.062(e),] established by a county.          SECTION 3.12.  Section 85.061(a), Election Code, is amended   to read as follows:          (a)  In a countywide election in which the county clerk is   the early voting clerk under Section 83.002, an early voting   polling place shall be located inside [at] each branch office that   is regularly maintained for conducting general clerical functions   of the county clerk, except as provided by Subsection (b). If a   suitable room is unavailable inside the branch office, the polling   place may be located in another room inside the same building as the   branch office.          SECTION 3.13.  Section 85.062, Election Code, is amended by   amending Subsection (b) and adding Subsection (f-1) to read as   follows:          (b)  A polling place established under this section may be   located, subject to Subsection (d), at any place in the territory   served by the early voting clerk and may be located inside [in] any   building [stationary structure] as directed by the authority   establishing the branch office. The polling place may not be   located in a movable structure in the general election for state and   county officers, general primary election, or runoff primary   election. Ropes or other suitable objects may be used at the   polling place to ensure compliance with Section 62.004. Persons   who are not expressly permitted by law to be in a polling place   shall be excluded from the polling place to the extent practicable.          (f-1)  Notwithstanding any other provision of this section   concerning the location of temporary branch polling places, in an   election in which countywide polling places are used, the   commissioners court of a county shall employ the same methodology   it uses to determine the location of countywide polling places to   determine the location of temporary branch polling places.          SECTION 3.14. Section 87.002, Election Code, is amended to   read as follows:          Sec. 87.002.  COMPOSITION OF BOARD. (a) The early voting   ballot board consists of a presiding judge, an alternate presiding   judge, and at least one [two] other member [members].          (b)  Except as provided by Subsection (d), the presiding   judge and the alternate presiding judge are [is] appointed in the   same manner as a presiding election judge and alternate presiding   election judge, respectively.  Except as provided by Subsection   (c), each [the] other member is [members are] appointed by the   presiding judge in the same manner as the precinct election clerks.          (c)  In the general election for state and county officers,   each county chair of a political party with nominees on the general   election ballot shall submit to the county election board a list of   names of persons eligible to serve on the early voting ballot board   in order of the county chair's preference.  The county election   board shall appoint at least one person from each list to serve as a   member of the early voting ballot board.  The same number of members   must be appointed from each list.  The county election board shall   appoint persons as members of the early voting ballot board in the   order of preference indicated on each list.          (d)  In addition to the members appointed under Subsection   (c), the county election board shall appoint as the presiding judge   the highest-ranked person on [from] the list provided under that   subsection by the political party whose nominee for governor   received the most votes in the county in the most recent   gubernatorial general election and as the alternate presiding judge   the highest-ranked person on the list provided under that   subsection by the political party whose nominee for governor   received the second most votes in the county in the most recent   gubernatorial general election.          SECTION 3.15.  Section 124.002, Election Code, is amended by   adding Subsection (c) to read as follows:          (c)  Voting system ballots may not be arranged in a manner   that allows a political party's candidates to be selected in one   motion or gesture.          SECTION 3.16.  Sections 127.006(a) and (c), Election Code,   are amended to read as follows:          (a)  The [Both the] manager, [and] the presiding judge, and   the alternate presiding judge may appoint clerks to serve at the   central counting station.          (c)  A clerk appointed by the manager serves under the   manager and shall perform the functions directed by the manager.  A   clerk appointed by the presiding judge or the alternate presiding   judge serves under the presiding judge and shall perform the   functions directed by the presiding judge.          SECTION 3.17.  Subchapter A, Chapter 127, Election Code, is   amended by adding Section 127.009 to read as follows:          Sec. 127.009.  ELECTRONIC DEVICES IN CENTRAL COUNTING   STATION. (a) A counting station manager and the presiding judge of   the counting station shall develop a protocol under which any   electronic device inside a central counting station that is   necessary to count votes is equipped with software that tracks all   input and activity on the electronic device.          (b)  The counting station manager and the presiding judge of   the counting station shall ensure that the input and activity   tracked by the software is delivered to the secretary of state not   later than the fifth day after vote counting is complete.          (c)  This section applies only to a central counting station   located in a county with a population of 250,000 or more.          SECTION 3.18.  Section 127.1232, Election Code, is amended   to read as follows:          Sec. 127.1232.  SECURITY OF VOTED BALLOTS. (a) The general   custodian of election records shall post a licensed peace officer   [guard] to ensure the security of ballot boxes containing voted   ballots throughout the period of tabulation at the central counting   station.          (b)  The general custodian of election records in a county   with a population of 100,000 or more shall implement a video   surveillance system that retains a record of all areas containing   voted ballots:                (1)  from the time the voted ballots are delivered to   the central counting station until the canvass of precinct election   returns; and                (2)  from the time the voted ballots are delivered to   the signature verification committee or early voting ballot board   until the canvass of precinct election returns.          (c)  A video from a system implemented under Subsection (b)   shall be made available to the public by a livestream.          (d)  The video recorded is an election record under Section   1.012 and shall be retained by the general custodian of election   records until the end of the calendar year in which an election is   held or until an election contest filed in the county has been   resolved, whichever is later.          SECTION 3.19.  Chapter 127, Election Code, as effective   September 1, 2021, is amended by adding Subchapter J to read as   follows:   SUBCHAPTER J.  RANDOMIZED AUDITS          Sec. 127.351.  RANDOMIZED COUNTY AUDITS. (a)  Immediately   after the uniform election date in November of an even-numbered   year, the secretary of state shall conduct an audit of the elections   held in four counties during the previous two years.          (b)  The secretary of state shall select the counties to be   audited under Subsection (a) at random, except that:                (1)  two of the counties selected must have a total   population of less than 300,000;                (2)  two of the counties selected must have a total   population of 300,000 or more; and                (3)  a county selected in the most recent audit cycle   may not be selected in the current audit cycle.          (c)  A county selected to be audited may not pay the cost of   performing an audit under this section.          (d)  The secretary of state shall adopt rules as necessary to   implement this section.   ARTICLE 4. ELECTION OFFICERS AND OBSERVERS          SECTION 4.01.  Section 32.075, Election Code, is amended by   adding Subsections (g) and (h) to read as follows:          (g)  A presiding judge may not have a watcher duly accepted   for service under Subchapter A, Chapter 33, removed from the   polling place for violating a provision of this code or any other   provision of law relating to the conduct of elections, other than a   violation of the Penal Code, unless the violation was observed by an   election judge or clerk.          (h)  Notwithstanding Subsection (g), a presiding judge may   call a law enforcement officer to request that a poll watcher be   removed if the poll watcher commits a breach of the peace or a   violation of law.          SECTION 4.02.  Subchapter A, Chapter 33, Election Code, is   amended by adding Section 33.0015 to read as follows:          Sec. 33.0015.  CHAPTER PURPOSE AND WATCHER DUTY. The   purpose of this chapter is to preserve the integrity of the ballot   box in accordance with Section 4, Article VI, Texas Constitution,   by providing for the appointment of watchers.  It is the intent of   the legislature that watchers duly accepted for service under this   chapter be allowed to observe and report on irregularities in the   conduct of any election, but may not interfere in the orderly   conduct of an election.  To effect that purpose, a watcher appointed   under this chapter shall observe without obstructing the conduct of   an election and call to the attention of an election officer any   observed or suspected irregularity or violation of law in the   conduct of the election.          SECTION 4.03.  Subchapter A, Chapter 33, Election Code, is   amended by adding Section 33.0016 to read as follows:          Sec. 33.0016.  REFERENCES TO EARLY VOTING BALLOT BOARD IN   THIS CHAPTER. A reference in this chapter to an early voting ballot   board includes a signature verification committee.          SECTION 4.04.  Subchapter A, Chapter 33, Election Code, is   amended by adding Section 33.008 to read as follows:          Sec. 33.008.  TRAINING PROGRAM.  The secretary of state   shall develop and maintain a training program for watchers.  The   training program must:                (1)  be available:                      (A)  entirely via the Internet; and                      (B)  at any time, without a requirement for prior   registration; and                (2)  provide a watcher who completes the training with   a certificate of completion.          SECTION 4.05.  Section 33.031, Election Code, is amended by   adding Subsection (b) to read as follows:          (b)  In addition to the requirements of Subsection (a), to be   eligible to serve as a watcher, a person must complete training   under Section 33.008.          SECTION 4.06.  Section 33.051, Election Code, is amended by   amending Subsections (a), (b), (d), and (e) and adding Subsections   (a-1), (g), and (h) to read as follows:          (a)  A watcher appointed to serve at a precinct polling   place, a meeting place for an early voting ballot board, or a   central counting station must deliver the following materials [a   certificate of appointment] to the presiding judge at the time the   watcher reports for service:                (1)  a certificate of appointment; and                (2)  a certificate of completion from training   completed by the watcher under Section 33.008.          (a-1)  A watcher appointed to serve at an early voting   polling place must deliver the certificates under Subsection (a) [a   certificate of appointment] to the early voting clerk or deputy   clerk in charge of the polling place when the watcher first reports   for service.          (b)  The officer presented with a watcher's certificates    [certificate of appointment] shall require the watcher to   countersign the certificate of appointment to ensure that the   watcher is the same person who signed the certificate of   appointment.  Except as provided by Subsection (c), a watcher who   presents himself or herself at the proper time with the   certificates required under Subsection (a) [a certificate of   appointment] shall be accepted for service unless the person is   ineligible to serve or the number of appointees to which the   appointing authority is entitled have already been accepted.          (d)  The certificates [certificate] of a watcher serving at   an early voting polling place shall be retained at the polling place   until voting at the polling place is concluded.  At each subsequent   time that the watcher reports for service, the watcher shall inform   the clerk or deputy in charge.  The officer may require the watcher   to sign the watcher's name in the officer's presence, for comparison   with the signature on the certificate of appointment, if the   officer is uncertain of the watcher's identity.          (e)  If a watcher is not accepted for service, the   certificates [certificate of appointment] shall be returned to the   watcher with a signed statement of the reason for the rejection.          (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.  An   offense under this subsection is a Class A misdemeanor.          (h)  Before accepting a watcher, the officer presented with a   watcher's certificate of appointment shall require the watcher to   take the following oath, administered by the officer: "I swear (or   affirm) that I will not disrupt the voting process or harass voters   in the discharge of my duties."          SECTION 4.07.  Section 33.056, Election Code, is amended by   amending Subsection (a) and adding Subsections (e) and (f) to read   as follows:          (a)  Except as provided by Section 33.057, a watcher is   entitled to observe any activity conducted at the location at which   the watcher is serving. A watcher is entitled to sit or stand   [conveniently] near enough to see and hear the election officers   conducting the observed activity, except as otherwise prohibited by   this chapter.          (e)  Except as provided by Section 33.057(b), a watcher may   not be denied free movement where election activity is occurring   within the location at which the watcher is serving.          (f)  In this code, a watcher who is entitled to "observe" an   election activity is entitled to sit or stand near enough to see and   hear the activity.          SECTION 4.08.  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) A watcher appointed to serve at a polling place in an election   who is available at the time of the action may observe all election   activities relating to closing the polling place, including 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.          (b)  Notwithstanding any other provision of this code, a   watcher duly accepted for service at a polling location is entitled   to follow the transfer of election materials from the polling place   at which the watcher was accepted to a regional tabulating center,   the central counting station, or any other location designated to   process election materials.  The authority responsible for   administering a regional tabulating center or another location   where election materials are processed must accept duly appointed   watchers for service in the same manner a watcher is accepted for   service under Section 33.051 and must accept the same number of   watchers that may serve under Section 33.007(a).          SECTION 4.09.  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 or procedure the person knows the watcher is entitled to   observe, including by taking any action to obstruct the view of a   watcher or distance the watcher from the activity or procedure to be   observed in a manner that would make observation not reasonably   effective.          SECTION 4.10.  Subchapter C, Chapter 33, Election Code, is   amended by adding Section 33.063 to read as follows:          Sec. 33.063.  RELIEF. The appointing authority for a   watcher who believes that the watcher was unlawfully prevented or   obstructed from the performance of the watcher's duties may seek:                (1)  injunctive relief under Section 273.081,   including issuance of temporary orders;                (2)  a writ of mandamus under Section 161.009 or   273.061; and                (3)  any other remedy available under law.          SECTION 4.11.  Section 34.005, Election Code, is amended to   read as follows:          Sec. 34.005.  ACTION BY SECRETARY OF STATE. (a) The   secretary of state may refer a reported violation of law for   appropriate action to the attorney general, if the attorney general   has jurisdiction, or to a prosecuting attorney having jurisdiction.          (b)  If the secretary of state believes that a state   inspector was unlawfully prevented or obstructed from the   performance of the inspector's duties, the secretary of state may   seek:                (1)  injunctive relief under Section 273.081,   including issuance of temporary orders;                (2)  a writ of mandamus under Section 161.009 or   273.061; and                (3)  any other remedy available under law.          SECTION 4.12.  Section 86.006, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-2) to read as   follows:          (a)  A marked ballot voted under this chapter must be   returned to the early voting clerk in the official carrier   envelope.  The carrier envelope may be delivered in another   envelope and must be transported and delivered only by:                (1)  mail;                (2)  common or contract carrier; or                (3)  subject to Subsections [Subsection] (a-1) and   (a-2), in-person delivery by the voter who voted the ballot.          (a-2)  An in-person delivery of a marked ballot voted under   this chapter must be received by an election official at the time of   delivery.  The receiving official shall record the voter's name,   signature, and type of identification provided under Section   63.0101 on a roster prescribed by the secretary of state. The   receiving official shall attest on the roster that the delivery   complies with this section.          SECTION 4.13.  Chapter 121, Election Code, is amended by   adding Section 121.004 to read as follows:          Sec. 121.004.  COMMUNICATIONS WITH VOTING SYSTEMS VENDOR   PUBLIC INFORMATION. (a) Except as provided by Subsection (b), a   written letter, e-mail, or other communication, including a   communication made confidential by other law, between a public   official and a voting systems vendor:                (1)  is not confidential;                (2)  is public information for purposes of Chapter 552,   Government Code; and                (3)  is not subject to an exception to disclosure   provided by Chapter 552, Government Code, other than Sections   552.110 and 552.1101, Government Code.          (b)  A written letter, e-mail, or other communication   between a public official and a voting systems vendor is excepted   from disclosure under Chapter 552, Government Code, if the   communication discloses information, data, or records relating to   the security of elections critical infrastructure.          SECTION 4.14.  Section 127.1301, Election Code, is amended   to read as follows:          Sec. 127.1301.  [TALLYING, TABULATING, AND REPORTING]   CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND   OVERVOTES]. (a) In an election using centrally counted optical   scan ballots, the undervotes and overvotes on those ballots shall   be tallied, tabulated, and reported by race and by election   precinct in the form and manner prescribed by the secretary of   state.          (b)  An authority operating a central counting station under   this chapter may not purchase or use a centrally counted optical   ballot scan system that uses a data storage disc on which   information, once written, is capable of being modified.          (c)  An authority that purchases system components in order   to comply with this section is eligible to have 100 percent of the   cost of those system components reimbursed.          (d)  Subsection (b) applies starting on the earlier of:                (1)  the date on which the state certifies the first   centrally counted optical ballot scan system under this section; or                (2)  September 1, 2026.          (e)  This subsection and Subsection (d) expire October 1,   2026.          SECTION 4.15.  Section 127.131, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  The presiding judge of the central counting station   shall provide and attest to a written reconciliation of votes and   voters at the close of tabulation for election day and again after   the central counting station meets for the last time to process   late-arriving ballots by mail and provisional ballots. The   secretary of state shall create and promulgate rules and a form to   facilitate compliance with this subsection. The form shall be   posted on a website maintained by the county along with election   returns and results.          SECTION 4.16.  Section 129.023, Election Code, is amended by   adding Subsections (b-2) and (c-1) to read as follows:          (b-2)  If the test is being conducted for an election in   which a county election board has been established under Section   51.002, the general custodian of election records shall notify each   member of the board of the test at least 48 hours before the date of   the test. If the county election board chooses to witness the test,   each member shall sign the statement required by Subsection (e)(1).          (c-1)  A test conducted under this section must also require   the general custodian of election records to demonstrate, using a   representative sample of voting system equipment, that the source   code of the equipment has not been altered.   ARTICLE 5. VOTING BY MAIL          SECTION 5.01.  Section 84.001(b), Election Code, is amended   to read as follows:          (b)  Subject to Section 1.011, an [An] application must be   submitted in writing and signed by the applicant using ink on paper.     An electronic signature or photocopied signature is not permitted.          SECTION 5.02.  Section 84.002, Election Code, as effective   September 1, 2021, is amended by amending Subsection (a) and adding   Subsection (b-1) to read as follows:          (a)  An early voting ballot application must include:                (1)  the applicant's name and the address at which the   applicant is registered to vote;                (1-a)  the following information:                      (A)  the number of the applicant's driver's   license, election identification certificate, or personal   identification card issued by the Department of Public Safety;                      (B)  if the applicant has not been issued a number   described by Paragraph (A), the last four digits of the applicant's   social security number; or                      (C)  a statement by the applicant that the   applicant has not been issued a number described by Paragraph (A) or   (B);                (2)  for an application for a ballot to be voted by mail   on the ground of absence from the county of residence, the address   outside the applicant's county of residence to which the ballot is   to be mailed;                (3)  for an application for a ballot to be voted by mail   on the ground of age or disability, the address of the hospital,   nursing home or other long-term care facility, or retirement   center, or of a person related to the applicant within the second   degree by affinity or the third degree by consanguinity, as   determined under Chapter 573, Government Code, if the applicant is   living at that address and that address is different from the   address at which the applicant is registered to vote;                (4)  for an application for a ballot to be voted by mail   on the ground of confinement in jail, the address of the jail or of a   person related to the applicant within the degree described by   Subdivision (3);                (5)  for an application for a ballot to be voted by mail   on any ground, an indication of each election for which the   applicant is applying for a ballot;                (6)  an indication of the ground of eligibility for   early voting; and                (7)  for an application for a ballot to be voted by mail   on the ground of involuntary civil commitment, the address of the   facility operated by or under contract with the Texas Civil   Commitment Office or of a person related to the applicant within the   degree of consanguinity described by Subdivision (3).          (b-1)  A person may use the number of a driver's license,   election identification certificate, or personal identification   card that has expired for the purpose of fulfilling the requirement   under Subsection (a)(1-a) if the license or identification is   otherwise valid.          SECTION 5.03.  Section 84.011(a), Election Code, as   effective September 1, 2021, is amended to read as follows:          (a)  The officially prescribed application form for an early   voting ballot must include:                (1)  immediately preceding the signature space the   statement: "I certify that the information given in this   application is true, and I understand that giving false information   in this application is a crime.";                (2)  a statement informing the applicant of the   offenses prescribed by Sections 84.003 and 84.004;                (3)  spaces for entering an applicant's voter   registration number and county election precinct of registration,   with a statement informing the applicant that failure to furnish   that information does not invalidate the application;                (3-a)  a space for entering the information required   under Section 84.002(a)(1-a); and                (4)  on an application for a ballot to be voted by mail:                      (A)  a space for an applicant applying on the   ground of absence from the county of residence to indicate the date   on or after which the applicant can receive mail at the address   outside the county;                      (B)  a space for indicating the fact that an   applicant whose application is signed by a witness cannot make the   applicant's mark and a space for indicating the relationship or   lack of relationship of the witness to the applicant;                      (C)  a space for entering an applicant's telephone   number, with a statement informing the applicant that failure to   furnish that information does not invalidate the application;                      (D)  a space or box for an applicant applying on   the ground of age or disability to indicate that the address to   which the ballot is to be mailed is the address of a facility or   relative described by Section 84.002(a)(3), if applicable;                      (E)  a space or box for an applicant applying on   the ground of confinement in jail or involuntary civil commitment   to indicate that the address to which the ballot is to be mailed is   the address of a relative described by Section 84.002(a)(4) or (7),   if applicable;                      (F)  a space for an applicant applying on the   ground of age or disability to indicate if the application is an   application under Section 86.0015;                      (G)  spaces for entering the signature, printed   name, and residence address of any person assisting the applicant;                      (H)  a statement informing the applicant of the   condition prescribed by Section 81.005; and                      (I)  a statement informing the applicant of the   requirement prescribed by Section 86.003(c).          SECTION 5.04. Subchapter A, Chapter 84, Election Code, is   amended by adding Section 84.0111 to read as follows:          Sec. 84.0111.  DISTRIBUTION OF APPLICATION FORM. (a)   Except as provided by Subsection (c) or as otherwise authorized by   this code, an officer or employee of this state or of a political   subdivision of this state may not distribute an application form   for an early voting ballot to a person who did not request an   application under Section 84.001.          (b)  An officer or employee of this state or of a political   subdivision of this state may not use public funds to facilitate the   distribution by another person of an application form for an early   voting ballot to a person who did not request an application under   Section 84.001.          (c)  A political party or a candidate for office may   distribute an application form for an early voting ballot to a   person who did not request an application under Section 84.001.          SECTION 5.05.  Section 84.032(c), Election Code, is amended   to read as follows:          (c)  An applicant may submit a request after the close of   early voting by personal appearance by appearing in person and:                (1)  returning the ballot to be voted by mail to the   early voting clerk; or                (2)  executing an affidavit that the applicant:                      (A)  has not received the ballot to be voted by   mail; [or]                      (B)  never requested a ballot to be voted by mail;   or                      (C)  received notice of a defect under Section   87.0271(b) or (c) or 87.0411(b) or (c).          SECTION 5.06. Section 84.035, Election Code, is amended to   read as follows:          Sec. 84.035.  BALLOT SENT TO APPLICANT. (a) If the early   voting clerk cancels an application by an applicant to whom an early   voting ballot has been sent, the clerk shall:                (1)  remove the applicant's name from the early voting   roster; and                (2)  make any other entries in the records and take any   other action necessary to prevent the ballot from being counted if   returned.          (b)  An election judge may permit a person to whom an early   voting ballot has been sent who cancels the person's application   for a ballot to be voted by mail in accordance with Section 84.032   but fails to return the ballot to be voted by mail to the early   voting clerk, deputy early voting clerk, or presiding judge as   provided by that section to vote only a provisional ballot under   Section 63.011.          SECTION 5.07.  Section 86.001, Election Code, is amended by   adding Subsections (f), (f-1), and (f-2) to read as follows:          (f)  If the information required under Section   84.002(a)(1-a) included on the application does not identify the   same voter identified on the applicant's application for voter   registration under Section 13.002(c)(8), the clerk shall reject the   application.          (f-1)  If an application is rejected under Subsection (f),   the clerk shall provide notice of the rejection in accordance with   Subsection (c).  The notice must include information regarding the   ability to correct or add information required under Section   84.002(a)(1-a) through the online tool described by Section   86.015(c).          (f-2)  If an applicant corrects an application for a ballot   to be voted by mail online and that application subsequently   identifies the same voter identified on the applicant's application   for voter registration, the clerk shall provide a ballot to the   applicant as provided by this chapter.          SECTION 5.08.  Section 86.002, Election Code, is amended by   adding Subsections (g), (h), and (i) to read as follows:          (g)  The carrier envelope must include a space that is hidden   from view when the envelope is sealed for the voter to enter the   following information:                (1)  the number of the voter's driver's license,   election identification certificate, or personal identification   card issued by the Department of Public Safety;                (2)  if the voter has not been issued a number described   by Subdivision (1), the last four digits of the voter's social   security number; or                (3)  a statement by the applicant that the applicant   has not been issued a number described by Subdivision (1) or (2).          (h)  A person may use the number of a driver's license,   election identification certificate, or personal identification   card that has expired for purposes of Subsection (g) if the license   or identification is otherwise valid.          (i)  No record associating an individual voter with a ballot   may be created.          SECTION 5.09.  Section 86.011(c), Election Code, is amended   to read as follows:          (c)  If the return is not timely, the clerk shall enter the   time of receipt on the carrier envelope and retain it in a locked   container for the period for preserving the precinct election   records. The clerk shall destroy the unopened envelope and its   contents after the preservation period.          SECTION 5.10.  Section 86.015(c), Election Code, as   effective September 1, 2021, is amended to read as follows:          (c)  An online tool used under this section must:                (1)  for each election, record:                      (A)  each application for a ballot to be voted by   mail received by the clerk; and                      (B)  each carrier envelope sent to a voter by the   clerk;                (2)  for each carrier envelope, record or assign a   serially numbered and sequentially issued barcode or tracking   number that is unique to each envelope; [and]                (3)  update the applicable Internet website as soon as   practicable after each of the following events occurs:                      (A)  receipt by the early voting clerk of the   person's application for a ballot to be voted by mail;                      (B)  acceptance or rejection by the early voting   clerk of the person's application for a ballot to be voted by mail;                      (C)  placement in the mail by the early voting   clerk of the person's official ballot;                      (D)  receipt by the early voting clerk of the   person's marked ballot; and                      (E)  acceptance or rejection by the early voting   ballot board of a person's marked ballot; and                (4)  allow a voter to add or correct information   required under Section 84.002(a)(1-a) or Section 86.002(g).          SECTION 5.11.  Sections 87.027(d), (e), and (i), Election   Code, are amended to read as follows:          (d)  The early voting clerk shall determine the number of   members who are to compose the signature verification committee and   shall state that number in the order calling for the committee's   appointment.  A committee must consist of not fewer than five   members.  In an election in which party alignment is indicated on   the ballot, each county chair of a political party with a nominee or   aligned candidate on the ballot shall submit to the appointing   authority a list of names of persons eligible to serve on the   signature verification committee in order of the county chair's   preference.  The authority shall appoint at least two persons from   each list in the order of preference indicated on each list to serve   as members of the committee.  The same number of members must be   appointed from each list.  The authority shall appoint as [the]   chair of the committee the highest-ranked person on [from] the list   provided by the political party whose nominee for governor received   the most votes in the county in the most recent gubernatorial   general election.  The authority shall appoint as vice chair of the   committee the highest-ranked person on the list provided by the   political party whose nominee for governor received the second most   votes in the county in the most recent gubernatorial general   election. A vacancy on the committee shall be filled by appointment   from the original list or from a new list submitted by the   appropriate county chair.          (e)  To be eligible to serve on a signature verification   committee, a person must be eligible under Subchapter C, Chapter   32, for service as a presiding election judge, except that the   person must be a qualified voter:                (1)  of the county, in a countywide election ordered by   the governor or a county authority or in a primary election;                (2)  of the part of the county in which the election is   held, for an election ordered by the governor or a county authority   that does not cover the entire county of the person's residence; or                (3)  of the political subdivision, in an election   ordered by an authority of a political subdivision other than a   county.          (i)  The signature verification committee shall compare the   signature on each carrier envelope certificate, except those signed   for a voter by a witness, with the signature on the voter's ballot   application to determine whether the signatures are those of the   voter.  The committee may also compare the signatures with any   known signature [two or more signatures] of the voter [made within   the preceding six years and] on file with the county clerk or voter   registrar to determine whether the signatures are those of the   voter.  Except as provided by Subsection (l), a determination under   this subsection that the signatures are not those of the voter must   be made by a majority vote of the committee's membership.  The   committee shall place the jacket envelopes, carrier envelopes, and   applications of voters whose signatures are not those of the voter   in separate containers from those of voters whose signatures are   those of the voter.  The committee chair shall deliver the sorted   materials to the early voting ballot board at the time specified by   the board's presiding judge.          SECTION 5.12.  Subchapter B, Chapter 87, Election Code, is   amended by adding Section 87.0271 to read as follows:          Sec. 87.0271.  OPPORTUNITY TO CORRECT DEFECT:  SIGNATURE   VERIFICATION COMMITTEE. (a) This section applies to an early   voting ballot voted by mail:                (1)  for which the voter did not sign the carrier   envelope certificate;                (2)  for which it cannot immediately be determined   whether the signature on the carrier envelope certificate is that   of the voter;                (3)  missing any required statement of residence;                (4)  missing information or containing incorrect   information required under Section 84.002(a)(1-a) or Section   86.002; or                (5)  containing incomplete information with respect to   a witness.          (b)  Not later than the second business day after a signature   verification committee discovers a defect described by Subsection   (a) and before the committee decides whether to accept or reject a   timely delivered ballot under Section 87.027, the committee shall:                (1)  determine if it would be possible for the voter to   correct the defect and return the carrier envelope before the time   the polls are required to close on election day; and                (2)  return the carrier envelope to the voter by mail,   if the committee determines that it would be possible for the voter   to correct the defect and return the carrier envelope before the   time the polls are required to close on election day.          (c)  If the signature verification committee determines   under Subsection (b)(1) that it would not be possible for the voter   to correct the defect and return the carrier envelope before the   time the polls are required to close on election day, the committee   may notify the voter of the defect by telephone or e-mail and inform   the voter that the voter may request to have the voter's application   to vote by mail canceled in the manner described by Section 84.032   or come to the early voting clerk's office in person not later than   the sixth day after election day to correct the defect.          (d)  If the signature verification committee takes an action   described by Subsection (b) or (c), the committee must take either   action described by that subsection with respect to each ballot in   the election to which this section applies.          (e)  A poll watcher is entitled to observe an action taken   under Subsection (b) or (c).          (f)  The secretary of state may prescribe any procedures   necessary to implement this section.          (g)  Notwithstanding any other law, a ballot may not be   finally rejected for a reason listed in Section 87.041(b)(1), (2),   or (6) before the seventh day after election day.          SECTION 5.13.  Section 87.041, Election Code, is amended by   amending Subsections (b) and (e) and adding Subsection (d-1) to   read as follows:          (b)  A ballot may be accepted only if:                (1)  the carrier envelope certificate is properly   executed;                (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; and                (8)  the information required under Section 86.002(g)   provided by the voter identifies the same voter identified on the   voter's application for voter registration under Section   13.002(c)(8).          (d-1)  If a voter provides the information required under   Section 86.002(g) and it identifies the same voter identified on   the voter's application for voter registration under Section   13.002(c)(8), the signature on the ballot application and on the   carrier envelope certificate shall be rebuttably presumed to be   the signatures of the voter.           (e)  In making the determination under Subsection (b)(2), to   determine whether the signatures are those of the voter, the board   may also compare the signatures with any known signature [two or   more signatures] of the voter [made within the preceding six years   and] on file with the county clerk or voter registrar [to determine   whether the signatures are those of the voter].          SECTION 5.14.  Subchapter C, Chapter 87, Election Code, is   amended by adding Section 87.0411 to read as follows:          Sec. 87.0411.  OPPORTUNITY TO CORRECT DEFECT:  EARLY VOTING   BALLOT BOARD. (a) This section applies to an early voting ballot   voted by mail:                (1)  for which the voter did not sign the carrier   envelope certificate;                (2)  for which it cannot immediately be determined   whether the signature on the carrier envelope certificate is that   of the voter;                (3)  missing any required statement of residence;                (4)  missing information or containing incorrect   information required under Section 84.002(a)(1-a) or Section   86.002; or                (5)  containing incomplete information with respect to   a witness.          (b)  Not later than the second business day after an early   voting ballot board discovers a defect described by Subsection (a)   and before the board decides whether to accept or reject a timely   delivered ballot under Section 87.041, the board shall:                (1)  determine if it would be possible for the voter to   correct the defect and return the carrier envelope before the time   the polls are required to close on election day; and                (2)  return the carrier envelope to the voter by mail,   if the board determines that it would be possible for the voter to   correct the defect and return the carrier envelope before the time   the polls are required to close on election day.          (c)  If the early voting ballot board determines under   Subsection (b)(1) that it would not be possible for the voter to   correct the defect and return the carrier envelope before the time   the polls are required to close on election day, the board may   notify the voter of the defect by telephone or e-mail and inform the   voter that the voter may request to have the voter's application to   vote by mail canceled in the manner described by Section 84.032 or   come to the early voting clerk's office in person not later than the   sixth day after election day to correct the defect.          (d)  If the early voting ballot board takes an action   described by Subsection (b) or (c), the board must take either   action described by that subsection with respect to each ballot in   the election to which this section applies.          (e)  A poll watcher is entitled to observe an action taken   under Subsection (b) or (c).          (f)  The secretary of state may prescribe any procedures   necessary to implement this section.          (g)  Notwithstanding any other law, a ballot may not be   finally rejected for a reason listed in Section 87.041(b)(1), (2),   or (6) before the seventh day after election day.          SECTION 5.15.  Section 87.0431(b), Election Code, is amended   to read as follows:          (b)  The early voting clerk shall, not later than the 30th   day after election day, deliver 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; or                (6)  the early voting ballot board or the signature   verification committee determined that another violation of the   Election Code occurred.          SECTION 5.16.  Sections 87.062(a) and (c), Election Code,   are amended to read as follows:          (a)  On the direction of the presiding judge, the early   voting ballot board, in accordance with Section 85.032(b), shall   open the containers [container] for the early voting ballots that   are to be counted by the board, remove the contents from each [the]   container, and remove any ballots enclosed in ballot envelopes from   their envelopes.          (c)  Ballots voted by mail shall be tabulated and stored   separately from the ballots voted by personal appearance and shall   be separately reported on the returns [The results of all early   voting ballots counted by the board under this subchapter shall be   included in the same return].          SECTION 5.17.  Section 87.103, Election Code, is amended to   read as follows:          Sec. 87.103.  COUNTING BALLOTS AND PREPARING RETURNS. (a)   The early voting electronic system ballots counted at a central   counting station, the ballots cast at precinct polling places, and   the ballots voted by mail shall be tabulated separately [from the   ballots cast at precinct polling places] and shall be separately   reported on the returns.          (b)  The early voting returns prepared at the central   counting station must include any early voting results obtained by   the early voting ballot board under Subchapter [Subchapters] D [and   E].          SECTION 5.18.  Section 87.126, Election Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  Electronic records made under this section shall   record both sides of any application, envelope, or ballot recorded,   and all such records shall be provided to the early voting ballot   board, the signature verification committee, or both.          SECTION 5.19.  Subchapter G, Chapter 87, Election Code, is   amended by adding Section 87.128 to read as follows:          Sec. 87.128.  NOTES. (a) Each member of an early voting   ballot board and each member of a signature verification committee   is entitled to take any notes reasonably necessary to perform the   member's duties under this chapter.          (b)  Notes taken under this section may not contain   personally identifiable information.          (c)  Each member who takes notes under this section shall   sign the notes and deliver them to the presiding judge or committee   chair, as applicable, for delivery to the custodian of election   records.          (d)  Notes collected under this section shall be preserved in   the same manner as precinct election records under Section 66.058.   ARTICLE 6.  ASSISTANCE OF VOTERS          SECTION 6.01.  Section 64.009, Election Code, is amended by   amending Subsection (b) and adding Subsections (e), (f), (f-1),   (g), and (h) to read as follows:          (b)  The regular voting procedures, except those in   Subchapter B, may be modified by the election officer to the extent   necessary to conduct voting under this section.          (e)  Except as provided by Section 33.057, a poll watcher is   entitled to observe any activity conducted under this section.          (f)  A person who simultaneously assists seven or more voters   voting under this section by providing the voters with   transportation to the polling place must complete and sign a form,   provided by an election officer, that contains the person's name   and address and whether the person is providing assistance solely   under this section or under both this section and Subchapter B.          (f-1)  Subsection (f) does not apply if the person is related   to each voter within the second degree by affinity or the third   degree by consanguinity, as determined under Subchapter B, Chapter   573, Government Code.          (g)  A form completed under Subsection (f) shall be delivered   to the secretary of state as soon as practicable.  The secretary   shall retain a form delivered under this section for the period for   preserving the precinct election records and shall make the form   available to the attorney general for inspection upon request.          (h)  The secretary of state shall prescribe the form   described by Subsection (f).          SECTION 6.02.  Section 64.031, Election Code, is amended to   read as follows:          Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE. A voter is   eligible to receive assistance in marking or reading the ballot, as   provided by this subchapter, if the voter cannot prepare or read 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.          SECTION 6.03.  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 relationship to the voter of the person   assisting the voter; and                (3)  whether the person assisting the voter received or   accepted any form of compensation or other benefit from a   candidate, campaign, or political committee.          (b)  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 6.04.  Section 64.034, Election Code, is amended to   read as follows:          Sec. 64.034.  OATH. A person, other than an election   officer, 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) under penalty of perjury that the voter I   am assisting represented to me they are eligible to receive   assistance; I will not suggest, by word, sign, or gesture, how the   voter should vote; I will confine my assistance to reading the   ballot to the voter, directing the voter to read the ballot, marking   the voter's ballot, or directing the voter to mark the ballot;   [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 coerce 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; I will not communicate information about how the   voter has voted to another person; and I understand that if   assistance is provided to a voter who is not eligible for   assistance, the voter's ballot may not be counted."          SECTION 6.05.  Sections 86.010(e), (h), and (i), Election   Code, are amended 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 relationship of the person providing the   assistance to the voter; and                (3)  whether the person received or accepted any form   of compensation or other benefit from a candidate, campaign, or   political committee in exchange for providing assistance [on the   official carrier envelope of the voter].          (h)  Subsection (f) does not apply:                (1)  to 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)  to 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.          SECTION 6.06.  Section 86.0105, Election Code, is amended by   amending Subsections (a), (c), and (e) and adding Subsection (f) to   read as follows:          (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)  solicits, receives, or [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,] accepts compensation for an activity   described by Subdivision (1) [or (2)].          (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].          (e)  For purposes of this section, compensation means an   economic benefit as defined by Section 38.01, Penal Code [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].          (f)  This section does not apply if the person assisting a   voter is an attendant or caregiver previously known to the voter.          SECTION 6.07.  Section 86.013(b), Election Code, is amended   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 relationship of that person to the   voter.          SECTION 6.08.  (a) The secretary of state shall conduct a   study regarding the implementation of educational programs,   including the production and publication on the secretary of   state's Internet website of instructional videos, to help voters   with disabilities understand how to use voting systems used in this   state.          (b)  Not later than December 1, 2022, the secretary of state   shall submit to the standing committees of the legislature with   jurisdiction over elections a report on the study required by this   section.          (c)  The secretary of state, using existing resources, may   contract with a qualified vendor to conduct the study required by   this section.          (d)  This section expires December 1, 2023.   ARTICLE 7.  FRAUD AND OTHER UNLAWFUL PRACTICES          SECTION 7.01.  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 information that the judge entered on   the form knowing it was false.          (b)  An offense under this section is a state jail felony.          SECTION 7.02.  Sections 276.004(a) and (b), Election Code,   are amended to read as follows:          (a)  A person commits an offense if, with respect to another   person over whom the person has authority in the scope of   employment, the person knowingly:                (1)  refuses to permit the other person to be absent   from work on election day or while early voting is in progress for   the purpose of attending the polls to vote; or                (2)  subjects or threatens to subject the other person   to a penalty for attending the polls on election day or while early   voting is in progress to vote.          (b)  It is an exception to the application of this section   that the person's conduct occurs in connection with an election in   which the polls are open on election day or while early voting is in   progress for voting for two consecutive hours outside of the   voter's working hours.          SECTION 7.03.  Sections 276.013(a) and (b), Election Code,   are 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,   including by altering the ballot of another or by otherwise causing   a ballot to not reflect the intent of the voter;                (2)  cause a voter to become registered, a ballot to be   obtained, or a vote to be cast under false pretenses; [or]                (3)  cause any false or 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;                (4)  prevent a voter from casting a legal ballot in an   election in which the voter is eligible to vote;                (5)  provide false information to a voter with the   intent of preventing the voter from voting in an election in which   the voter is eligible to vote;                (6)  cause the ballot not to reflect the intent of the   voter;                (7)  cause a ballot to be voted for another person that   the person knows to be deceased or otherwise knows not to be a   qualified or registered voter;                (8)  cause or enable a vote to be cast more than once in   the same election; or                (9)  discard or destroy a voter's completed ballot   without the voter's consent.          (b)  An offense under this section is a Class A misdemeanor,   unless:                (1)  the person committed the offense while acting in   the person's capacity as an elected official, in which case the   offense is a state jail felony; or                (2)  the person is convicted of an attempt, in which   case the offense is a Class B [A] misdemeanor.          SECTION 7.04.  Chapter 276, Election Code, is amended by   adding Sections 276.015, 276.016, 276.017, 276.018, and 276.019 to   read as follows:          Sec. 276.015.  VOTE HARVESTING. (a) In this section:                (1)  "Benefit" means anything reasonably regarded as a   gain or advantage, including a promise or offer of employment, a   political favor, or an official act of discretion, whether to a   person or another party whose welfare is of interest to the person.                (2)  "Vote harvesting services" means in-person   interaction with one or more voters, in the physical presence of an   official ballot or a ballot voted by mail, intended to deliver votes   for a specific candidate or measure.          (b)  A person commits an offense if the person, directly or   through a third party, knowingly provides or offers to provide vote   harvesting services in exchange for compensation or other benefit.          (c)  A person commits an offense if the person, directly or   through a third party, knowingly provides or offers to provide   compensation or other benefit to another person in exchange for   vote harvesting services.          (d)  A person commits an offense if the person knowingly   collects or possesses a mail ballot or official carrier envelope in   connection with vote harvesting services.          (e)  This section does not apply to:                (1)  an activity not performed in exchange for   compensation or a benefit;                (2)  interactions that do not occur in the presence of   the ballot or during the voting process;                (3)  interactions that do not directly involve an   official ballot or ballot by mail;                (4)  interactions that are not conducted in-person with   a voter; or                (5)  activity that is not designed to deliver votes for   or against a specific candidate or measure.          (f)  An offense under this section is a felony of the third   degree.          (g)  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.          (h)  Records necessary to investigate an offense under this   section or any other section of this code shall be provided by an   election officer in an unredacted form to a law enforcement officer   upon request.  Records obtained under this subsection are not   subject to public disclosure.          Sec. 276.016.  UNLAWFUL SOLICITATION AND DISTRIBUTION OF   APPLICATION TO VOTE BY MAIL. (a) A public official or election   official commits an offense if the official, while acting in an   official capacity, knowingly:                (1)  solicits the submission of an application to vote   by mail from a person who did not request an application;                (2)  distributes an application to vote by mail to a   person who did not request the application unless the distribution   is expressly authorized by another provision of this code;                (3)  authorizes or approves the expenditure of public   funds to facilitate third-party distribution of an application to   vote by mail 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.          (b)  An offense under this section is a state jail felony.          (c)  Subsection (a)(2) does not apply if the public official   or election official engaged in the conduct described by Subsection   (a)(2) by providing access to an application to vote by mail from a   publicly accessible Internet website.          (d)  Subsection (a)(4) does not apply if the public official   or election official engaged in the conduct described by Subsection   (a)(4) while lawfully assisting the applicant under Section 84.003.          (e)  Subsection (a) does not apply if the public official or   election official:                (1)  provided general information about voting by mail,   the vote by mail process, or the timelines associated with voting to   a person or the public; or                (2)  engaged in the conduct described by Subsection (a)   while acting in the official's capacity as a candidate for a public   elective office.          (f)  The remedy provided under this chapter is cumulative,   and does not restrict any other remedies provided by this code or by   law.  A violation of this section is subject to injunctive relief or   mandamus as provided by this code.          Sec. 276.017.  UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS   AND BALLOTING MATERIALS. (a) The early voting clerk or other   election official commits an offense if the clerk or official   knowingly mails or otherwise provides an early voting ballot by   mail or other early voting by mail ballot materials to a person who   the clerk or official knows did not submit an application for a   ballot to be voted by mail under Section 84.001.          (b)  An offense under this section is a Class A misdemeanor.          Sec. 276.018.  PERJURY IN CONNECTION WITH CERTAIN ELECTION   PROCEDURES. (a) A person commits an offense if, with the intent to   deceive, the person knowingly or intentionally makes a false   statement or swears to the truth of a false statement:                (1)  on a voter registration application; or                (2)  previously made while making an oath, declaration,   or affidavit described by this code.          (b)  An offense under this section is a state jail felony.          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.   ARTICLE 8.  ENFORCEMENT          SECTION 8.01.  Subchapter E, Chapter 31, Election Code, is   amended by adding Sections 31.128, 31.129, and 31.130 to read as   follows:          Sec. 31.128.  RESTRICTION ON ELIGIBILITY. (a) In this   section, "election official" does not include a chair of a county   political party holding a primary election or a runoff primary   election.          (b)  A person may not serve as an election official if the   person has been finally convicted of an offense under this code.          Sec. 31.129.  CIVIL PENALTY. (a) In this section, "election   official" has the meaning assigned by Section 31.128.          (b)  An election official may be liable to this state for a   civil penalty if the official:                (1)  is employed by or is an officer of this state or a   political subdivision of this state; and                (2)  violates a provision of this code.          (c)  A civil penalty imposed under this section may include   termination of the person's employment and loss of the person's   employment benefits.          Sec. 31.130.  SUIT AGAINST ELECTION OFFICER. An action,   including an action for a writ of mandamus, alleging that an   election officer violated a provision of this code while acting in   the officer's official capacity may only be brought against the   officer in the officer's official capacity.          SECTION 8.02.  Sections 232.008(b), (c), and (d), Election   Code, are amended to read as follows:          (b)  Except as provided by Subsection (c), a contestant must   file the petition not later than the later of the 45th [30th] day   after the date the election records are publicly available under   Section 1.012 or the official result of the contested election is   determined.          (c)  A contestant must file the petition not later than the   later of the 15th [10th] day after the date the election records are   publicly available under Section 1.012 or the official result is   determined in a contest of:                (1)  a primary or runoff primary election; or                (2)  a general or special election for which a runoff is   necessary according to the official result or will be necessary if   the contestant prevails.          (d)  A contestant must deliver, electronically or otherwise,   a copy of the petition to the secretary of state by the same   deadline prescribed for the filing of the petition.          SECTION 8.03.  Title 14, Election Code, is amended by adding   Subtitle D to read as follows:   SUBTITLE D. OTHER ELECTION LAWSUITS   CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES          Sec. 247.001.  PETITION ALLEGING FRAUD. This chapter   applies to a civil suit in which a candidate in an election alleges   in the petition that an opposing candidate, an agent of the opposing   candidate, or a person acting on behalf of the opposing candidate   with the candidate's knowledge violated any of the following   sections of this code:                (1)  Section 13.007;                (2)  Section 64.012;                (3)  Section 64.036;                (4)  Section 84.003;                (5)  Section 84.0041;                (6)  Section 86.0051;                (7)  Section 86.006;                (8)  Section 86.010;                (9)  Section 276.013; and                (10)  Section 276.015.          Sec. 247.002.  PROCEDURE. A candidate in an election may   file a petition for an action under this chapter in any county where   a defendant resided at the time of the election. If the election is   for a statewide office, the candidate may also file the petition in   a district court in Travis County.          Sec. 247.003.  FILING PERIOD FOR PETITION. A candidate in an   election may file a petition for an action under this chapter not   earlier than the day after the date the election is certified and   not later than the 45th day after the later of that date or the date   election records are made publicly available under Section 1.012.          Sec. 247.004.  DAMAGES. (a) If it is shown by a   preponderance of the evidence that a defendant, an agent of the   defendant, or a person acting on behalf of the defendant with the   defendant's knowledge committed one or more violations of a section   described by Section 247.001, the defendant is liable to the   plaintiff for damages in an amount of $1,000 for each violation.          (b)  Notwithstanding Section 41.004, Civil Practice and   Remedies Code, a court shall award damages under Subsection (a) to   the plaintiff irrespective of whether the plaintiff is awarded   actual damages.          Sec. 247.005.  ATTORNEY'S FEES. In an action under this   chapter, the court may award reasonable attorney's fees to the   prevailing party.          SECTION 8.04.  Section 273.061, Election Code, is amended to   read as follows:          Sec. 273.061.  JURISDICTION. (a) The supreme court or a   court of appeals may issue a writ of mandamus to compel the   performance of any duty imposed by law in connection with the   holding of an election or a political party convention, regardless   of whether the person responsible for performing the duty is a   public officer.          (b)  The court of criminal appeals may issue a writ of   mandamus to compel the performance of any duty imposed by law in   connection with the provision, sequestration, transfer, or   impoundment of evidence in or records relating to a criminal   investigation conducted under this code or conducted in connection   with the conduct of an election or political party convention. If a   writ of mandamus is issued under this subsection, it shall include   an order requiring the provision, sequestration, transfer, or   impoundment of the evidence or record.          SECTION 8.05.  Subchapter D, Chapter 22, Government Code, is   amended by adding Sections 22.304 and 22.305 to read as follows:          Sec. 22.304.  COURT SITTING IN PANELS FOR CERTAIN ELECTION   PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public   official" means any 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.          (b)  Notwithstanding any other law or rule, a court   proceeding entitled to priority under Section 22.305 and filed in a   court of appeals shall be docketed by the clerk of the court and   assigned to a panel of three justices determined using an automated   assignment system.          (c)  A person, including a public official, commits an   offense if the person communicates with a court clerk with the   intention of influencing or attempting to influence the composition   of a three-justice panel assigned a specific proceeding under this   section.          (d)  An offense under this section is a Class A misdemeanor.          Sec. 22.305.  PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)     The supreme court or a court of appeals shall prioritize over any   other proceeding pending or filed in the court a proceeding for   injunctive relief or for a writ of mandamus under Chapter 273,   Election Code, pending or filed in the court on or after the 70th   day before a general or special election.          (b)  If granted, oral argument for a proceeding described by   Subsection (a) may be given in person or through electronic means.          SECTION 8.06.  Section 23.101, Government Code, is amended   by amending Subsection (a) and adding Subsections (b-1) and (b-2)   to read as follows:          (a)  Except as provided by Subsection (b-1), the [The] trial   courts of this state shall regularly and frequently set hearings   and trials of pending matters, giving preference to hearings and   trials of the following:                (1)  temporary injunctions;                (2)  criminal actions, with the following actions given   preference over other criminal actions:                      (A)  criminal actions against defendants who are   detained in jail pending trial;                      (B)  criminal actions involving a charge that a   person committed an act of family violence, as defined by Section   71.004, Family Code;                      (C)  an offense under:                            (i)  Section 21.02 or 21.11, Penal Code;                            (ii)  Chapter 22, Penal Code, if the victim   of the alleged offense is younger than 17 years of age;                            (iii)  Section 25.02, Penal Code, if the   victim of the alleged offense is younger than 17 years of age;                            (iv)  Section 25.06, Penal Code;                            (v)  Section 43.25, Penal Code; or                            (vi)  Section 20A.02(a)(7), 20A.02(a)(8),   or 20A.03, Penal Code;                      (D)  an offense described by Article 62.001(6)(C)   or (D), Code of Criminal Procedure; and                      (E)  criminal actions against persons who are   detained as provided by Section 51.12, Family Code, after transfer   for prosecution in criminal court under Section 54.02, Family Code;                (3)  election contests and suits under the Election   Code;                (4)  orders for the protection of the family under   Subtitle B, Title 4, Family Code;                (5)  appeals of final rulings and decisions of the   division of workers' compensation of the Texas Department of   Insurance regarding workers' compensation claims and claims under   the Federal Employers' Liability Act and the Jones Act;                (6)  appeals of final orders of the commissioner of the   General Land Office under Section 51.3021, Natural Resources Code;                (7)  actions in which the claimant has been diagnosed   with malignant mesothelioma, other malignant asbestos-related   cancer, malignant silica-related cancer, or acute silicosis; and                (8)  appeals brought under Section 42.01 or 42.015, Tax   Code, of orders of appraisal review boards of appraisal districts   established for counties with a population of less than 175,000.          (b-1)  Except for a criminal case in which the death penalty   has been or may be assessed or when it would otherwise interfere   with a constitutional right, the trial courts of this state shall   prioritize over any other proceeding pending or filed in the court a   proceeding for injunctive relief under Chapter 273, Election Code,   pending or filed in the court on or after the 70th day before a   general or special election.          (b-2)  A hearing in a proceeding described by Subsection   (b-1) may be held in person or through electronic means, as   determined by the court.          SECTION 8.07.  Chapter 23, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. GENERAL PROVISIONS          Sec. 23.301.  ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;   CRIMINAL OFFENSE. (a) Notwithstanding any other law or rule, the   clerk of a district court in which a proceeding entitled to priority   under Section 23.101(b-1) is filed shall docket the proceeding and,   if more than one district court in the county has jurisdiction over   the proceeding, randomly assign the proceeding to a district court   using an automated assignment system.          (b)  Notwithstanding any other law or rule, the clerk of a   county court or statutory county court in which a proceeding   entitled to priority under Section 23.101(b-1) is filed shall   docket the proceeding and, if more than one court in the county has   jurisdiction over the proceeding, randomly assign the proceeding to   a court using an automated assignment system.          (c)  A person, including a public official, commits an   offense if the person communicates with a county or district clerk   with the intention of influencing or attempting to influence the   court or judge assigned to a proceeding under this section.          (d)  An offense under this section is a Class A misdemeanor,   except that the offense is a state jail felony if it is shown on the   trial of the offense that the person committed the offense while   acting in the person's official capacity as an election official.          (e)  If a district or county clerk does not comply with this   section, a person may seek from the supreme court or a court of   appeals a writ of mandamus as provided by Section 273.061, Election   Code, to compel compliance with this section.          Sec. 23.302.  DEADLINES IN CERTAIN ELECTION PROCEEDINGS.     (a)  Not later than 24 hours after the proceeding is filed, a judge   to whom a case is assigned under Section 23.301(b) who wishes to be   recused from the proceeding must, before recusal:                (1)  hear an application for any emergency temporary   relief sought;                (2)  grant or deny any emergency temporary relief   sought; and                (3)  set a scheduling order that provides:                      (A)  a date for a hearing on any injunction sought   not later than five days after the date on which the proceeding was   filed; and                      (B)  discovery and deposition deadlines before   the expiration of any emergency relief order entered.          (b)  The presiding judge of an administrative region shall   assign a new judge to a proceeding assigned under Section 23.301(b)   not later than 12 hours after the original judge assigned to the   proceeding is recused under Subsection (a).          (c)  A final order in a proceeding filed under Section   273.081, Election Code, shall be submitted in writing to the   parties not later than 24 hours after the judge makes a final   determination in the proceeding.          (d)  If a district judge does not comply with this section, a   person may seek from the supreme court, the court of criminal   appeals, or a court of appeals a writ of mandamus as provided by   Section 273.061, Election Code, to compel compliance with this   section.          (e)  Notwithstanding Section 23.101(b-1), a proceeding   relating to a permanent injunction being sought in connection to a   challenge under Section 141.034, Election Code, may be heard after   the primary election has been canvassed.   ARTICLE 9.  INELIGIBLE VOTERS AND RELATED REFORMS          SECTION 9.01.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0194 to read as follows:          Art. 42.0194.  FINDING REGARDING FELONY CONVICTION. In the   trial of a felony offense, if the defendant is adjudged guilty of   the offense, the court shall:                (1)  make an affirmative finding that the person has   been found guilty of a felony and enter the affirmative finding in   the judgment of the case; and                (2)  instruct the defendant regarding how the felony   conviction will impact the defendant's right to vote in this state.          SECTION 9.02.  Article 42.01, Code of Criminal Procedure, as   effective September 1, 2021, is amended by adding Section 16 to read   as follows:          Sec. 16.  In addition to the information described by   Section 1, the judgment should reflect the affirmative finding and   instruction entered pursuant to Article 42.0194.          SECTION 9.03.  Section 64.012, Election Code, is amended by   amending Subsections (a) and (b) and adding Subsections (c) and (d)   to read as follows:          (a)  A person commits an offense if the person knowingly or   intentionally:                (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)  votes or attempts to vote in an election in this   state after voting in another state in an election in which a   federal office appears on the ballot and the election day for both   states is the same day.          (b)  An offense under this section is a Class A misdemeanor   [felony of the second degree unless the person is convicted of an   attempt.  In that case, the offense is a state jail felony].          (c)  A person may not be convicted solely upon the fact that   the person signed a provisional ballot affidavit under Section   63.011 unless corroborated by other evidence that the person   knowingly committed the offense.          (d)  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 9.04.  The change in law made by this article in   adding Section 64.012(c), Election Code, applies to an offense   committed before, on, or after the effective date of this Act,   except that a final conviction for an offense under that section   that exists on the effective date of this Act remains unaffected by   this article.   ARTICLE 10. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE          SECTION 10.01.  The following provisions of the Election   Code are repealed:                (1)  Section 85.062(e);                (2)  Section 86.0105(b); and                (3)  Section 127.201(f).          SECTION 10.02.  If any provision of this Act or its   application to any person or circumstance is held invalid, the   invalidity does not affect other provisions or applications of this   Act that can be given effect without the invalid provision or   application, and to this end the provisions of this Act are declared   to be severable.          SECTION 10.03.  (a)  Except as otherwise provided by this   Act, 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 when the offense was committed, and the former law is   continued in effect for that purpose. For purposes of this section,   an offense was committed before the effective date of this Act if   any element of the offense occurred before that date.          (b)  The changes in law made by this Act apply only to an   election ordered on or after the effective date of this Act.  An   election ordered before the effective date of this Act is governed   by the law in effect when the election was ordered, and the former   law is continued in effect for that purpose.          (c)  The changes in law made by this Act apply only to an   application to vote an early voting ballot by mail submitted on or   after the effective date of this Act.  An application to vote an   early voting ballot by mail submitted before the effective date of   this Act is governed by the law in effect when the application was   submitted, and the former law is continued in effect for that   purpose.          (d)  The changes in law made by this Act apply only to an   application for voter registration submitted on or after the   effective date of this Act.          (e)  Chapter 247, Election Code, as added by this Act,   applies only to a cause of action for which the associated election   occurred after the effective date of this Act.          SECTION 10.04.  This Act takes effect on the 91st day after   the last day of the legislative session.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1 passed the Senate on   August 12, 2021, by the following vote:  Yeas 18, Nays 11;   August 27, 2021, Senate refused to concur in House amendments and   requested appointment of Conference Committee; August 29, 2021,   House granted request of the Senate; August 31, 2021, Senate   adopted Conference Committee Report by the following   vote:  Yeas 18, Nays 13.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1 passed the House, with   amendments, on August 27, 2021, by the following vote:  Yeas 80,   Nays 41, one present not voting; August 29, 2021, House granted   request of the Senate for appointment of Conference Committee;   August 31, 2021, House adopted Conference Committee Report by the   following vote:  Yeas 80, Nays 41, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor