87S10630 TSS-D     By: Murr H.B. No. 3       A BILL TO BE ENTITLED   AN ACT   relating to election integrity and security, including by   preventing fraud in the conduct of elections in this state;   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 1.018, 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.   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 Subsection (c) must be   supplied by the person desiring to register to vote.          SECTION 2.02.  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 original 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 2.03.  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 either registered to vote or [a registered   voter] voted in an election, the registrar shall 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.]   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 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 3.07.  Subchapter A, Chapter 66, Election Code, is   amended by adding Section 66.004 to read as follows:          Sec. 66.004.  CLOSING POLLING PLACE. 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 closing of   the polling place.          SECTION 3.08.  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 3.09.  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 3.10.  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 3.11.  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 3.12.  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 3.13.  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.   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, the Penal   Code, or any other provision of law relating to the conduct of   elections, unless the violation was observed by an election judge   or clerk after the watcher was previously warned that the watcher's   conduct violated the law.          (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.  Section 33.051, Election Code, is amended by   adding Subsections (g) and (h) to read as follows:          (g)  An election officer commits an offense if the officer   intentionally or knowingly refuses to accept a watcher for service   when acceptance of the watcher is required by this section.  An   offense under this subsection is a Class B 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 4.04.  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 4.05.  Subchapter C, Chapter 33, Election Code, is   amended by adding Section 33.0605 to read as follows:          Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.   (a) 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 4.06.  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 4.07.  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 4.08.  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 4.09.  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 4.10.  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 (d) 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 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).          (d)  A person may use the number of a driver's license 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.  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 87.0411(b).          SECTION 5.05.  Section 86.001, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  If the information required under Section   84.002(a)(1-a) included on the application does not match the   information on the applicant's application for voter registration   under Section 13.002(c)(8), the clerk shall reject the application.          SECTION 5.06.  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 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 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 5.07.  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 5.08.  Section 87.027(i), Election Code, is amended   to read as follows:          (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 5.09.  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; or                (4)  containing incomplete information with respect to   a witness.          (b)  Not later than the second business day after discovering   a defect described by Subsection (a) and before deciding whether to   accept or reject a timely delivered ballot under Section 87.027,   the signature verification committee shall:                (1)  return the carrier envelope to the voter by mail,   if the signature verification committee determines that it would be   possible to correct the defect and return the carrier envelope   before the time the polls are required to close on election day; or                (2)  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.          (c)  If the signature verification committee takes an action   described by Subsection (b), the committee must take either action   described by that subsection with respect to each ballot in the   election to which this section applies.          (d)  A poll watcher is entitled to observe an action taken   under Subsection (b).          (e)  The secretary of state may prescribe any procedures   necessary to implement this section.          (f)  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 5.10.  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 matches the information 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 matches the information 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:                (1)  shall request from the Department of Public Safety   any signature of the voter's on file with that department and   compare the signatures of the voter on the ballot application and   the carrier envelope certificate with any signature provided; and                (2)  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 5.11.  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; or                (4)  containing incomplete information with respect to   a witness.          (b)  Not later than the second business day after discovering   a defect described by Subsection (a) and before deciding whether to   accept or reject a timely delivered ballot under Section 87.041,   the early voting ballot board shall:                (1)  return the carrier envelope to the voter by mail,   if the early voting ballot board determines that it would be   possible to correct the defect and return the carrier envelope   before the time the polls are required to close on election day; or                (2)  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.          (c)  If the early voting ballot board takes an action   described by Subsection (b), the board must take either action   described by that subsection with respect to each ballot in the   election to which this section applies.          (d)  A poll watcher is entitled to observe an action taken   under Subsection (b).          (e)  The secretary of state may prescribe any procedures   necessary to implement this section.          (f)  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 5.12.  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 5.13.  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 5.14.  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 5.15.  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 5.16.  Subchapter G, Chapter 87, Election Code, is   amended by adding Section 87.128 to read as follows:          Sec. 87.128.  NOTES. Each member of an early voting ballot   board and each member of a signature verification committee is   entitled to take and keep any notes reasonably necessary to perform   the member's duties under this chapter.   ARTICLE 6.  ASSISTANCE OF VOTERS          SECTION 6.01.  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 6.02.  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 6.03.  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 because of a physical disability that renders the voter   unable to write or see or an inability to read the language in which   the ballot is written; 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 6.04.  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;                (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; or                (3)  if the voter is a person with a disability being   assisted by a previously known attendant or caregiver.          (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 6.05.  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 6.06.  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.   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 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; or                (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.          (b)  An offense under this section is a Class A misdemeanor,   except that an offense under this section is a state jail felony if   the person committed the offense while acting in the person's   official capacity as an election officer.          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" has the meaning assigned by Section   1.07, Penal Code.                (2)  "Vote harvesting services" means in-person   interaction with one or more voters, in the presence of the ballot   or during the voting process, 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 are not conducted in-person with   a voter; or                (4)  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 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   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   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:                (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 the person makes a   false statement or swears to the truth of a false statement   previously made while making the oath described by Section 64.034.          (b)  An offense under this section is a state jail felony.          Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES. A   public 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 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 8.02.  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 8.03.  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, 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 Subsection (a) and adding Subsections (c) and (d) to read   as follows:          (a)  A person commits an offense if the person:                (1)  votes or attempts to vote in an election in which   the person knows the person is not eligible to vote;                (2)  knowingly votes or attempts to vote more than once   in an election;                (3)  knowingly votes or attempts to vote a ballot   belonging to another person, or by impersonating another person;   [or]                (4)  knowingly marks or attempts to mark any portion of   another person's ballot without the consent of that person, or   without specific direction from that person how to mark the ballot;   or                (5)  knowingly votes or attempts to vote in an election   in this state after voting in 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.          (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); and                (2)  Section 86.0105(b).          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.          SECTION 10.04.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect on the 91st day after the last day of   the legislative session.