By: Hancock, et al. S.B. No. 5
 
  (Goldman)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prevention of fraud in the conduct of an election;
  creating a criminal offense; increasing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 64.012(a), Election Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person:
               (1)  votes or attempts to vote in an election in which
  the person knows the person is not eligible to vote;
               (2)  knowingly votes or attempts to vote more than once
  in an election;
               (3)  knowingly [impersonates another person and] votes
  or attempts to vote a ballot belonging to another person, or by
  impersonating another [as the impersonated] 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.
         SECTION 2.  Section 66.058(a), Election Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this code, the precinct
  election records shall be preserved by the authority to whom they
  are distributed[:
               [(1)  in an election involving a federal office,] for
  at least 22 months after election day [in accordance with federal
  law; or
               [(2)     in an election not involving a federal office,
  for at least six months after election day].
         SECTION 3.  Section 84.0041, Election Code, is amended to
  read as follows:
         Sec. 84.0041.  FRAUDULENT USE OF [PROVIDING FALSE
  INFORMATION ON] APPLICATION FOR BALLOT BY MAIL. (a)  A person
  commits an offense if the person:
               (1)  knowingly provides false information on an
  application for [an early voting] ballot by mail;
               (2)  intentionally causes false information to be
  provided on an application for ballot by mail;
               (3)  knowingly submits an application for ballot by
  mail without the knowledge and authorization of the voter; or
               (4)  knowingly and without the voter's authorization
  alters information provided by the voter on the voter's application
  for ballot by mail.
         (b)  An offense under this section is a state jail felony
  [unless the person is the applicant, is related to the applicant
  within the second degree by affinity or the third degree by
  consanguinity, as determined under Subchapter B, Chapter 573,
  Government Code, or is registered to vote at the same address as the
  applicant, in which event the offense is a Class A misdemeanor].
         (c)  An offense under Subsection (a)(4) does not apply to an
  early voting clerk or deputy early voting clerk who receives and
  marks an application for administrative purposes only.
         (d)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that: 
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         SECTION 4.  The heading to Section 86.0051, Election Code,
  is amended to read as follows:
         Sec. 86.0051.  UNLAWFUL CARRIER ENVELOPE ACTION BY PERSON
  OTHER THAN VOTER[; OFFENSES].
         SECTION 5.  Section 86.0051, Election Code, is amended by
  amending Subsections (b), (d), and (e) and adding Subsection (f) to
  read as follows:
         (b)  A person other than the voter who assists a voter by
  depositing [deposits] the carrier envelope in the mail or with a
  common or contract carrier or who obtains the carrier envelope for
  that purpose must provide the person's signature, printed name, and
  residence address on the reverse side of the envelope.
         (d)  An offense under this section is a Class A [B]
  misdemeanor, unless it is shown on the trial of an offense under
  this section that the person committed [is convicted of] an offense
  under Section 64.036 for providing unlawful assistance to the same
  voter in connection with the same ballot, in which event the offense
  is a state jail felony.
         (e)  This section does [Subsections (a) and (c) do] not apply
  if the person is related to the voter [applicant] within the second
  degree by affinity or the third degree by consanguinity, as
  determined under Subchapter B, Chapter 573, Government Code, or was
  physically living in [is registered to vote at] the same dwelling
  [address] as the voter at the time of the event [applicant].
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 6.  Sections 86.006(f), (g), and (g-1), Election
  Code, are amended to read as follows:
         (f)  A person commits an offense if the person knowingly
  possesses an official ballot or official carrier envelope provided
  under this code to another. Unless the person possessed the ballot
  or carrier envelope with intent to defraud the voter or the election
  authority, this subsection does not apply to a person who, on the
  date of the offense, was:
               (1)  related to the voter within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Subchapter B, Chapter 573, Government Code;
               (2)  physically living in [registered to vote at] the
  same dwelling [address] as the voter;
               (3)  an early voting clerk or a deputy early voting
  clerk;
               (4)  a person who possesses a ballot or [the] carrier
  envelope solely for the purpose of lawfully assisting a voter who
  was eligible for assistance under Section 86.010 and complied fully
  with:
                     (A)  Section 86.010; and
                     (B)  Section 86.0051, if assistance was provided
  in order to deposit the envelope in the mail or with a common or
  contract carrier [and who provides the information required by
  Section 86.0051(b) in accordance with that section];
               (5)  an employee of the United States Postal Service
  working in the normal course of the employee's authorized duties;
  or
               (6)  a common or contract carrier working in the normal
  course of the carrier's authorized duties if the official ballot is
  sealed in an official carrier envelope that is accompanied by an
  individual delivery receipt for that particular carrier envelope.
         (g)  An offense under Subsection (f) is a Class A misdemeanor
  unless the defendant possessed the ballot or carrier envelope
  without the request of the voter, in which case it is a felony of the
  third degree. If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both[:
               [(1)     a Class B misdemeanor if the person possesses at
  least one but fewer than 10 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a state jail
  felony;
               [(2)     a Class A misdemeanor if the person possesses at
  least 10 but fewer than 20 ballots or carrier envelopes unless the
  person possesses the ballots or carrier envelopes without the
  consent of the voters, in which event the offense is a felony of the
  third degree; or
               [(3)     a state jail felony if the person possesses 20 or
  more ballots or carrier envelopes unless the person possesses the
  ballots or carrier envelopes without the consent of the voters, in
  which event the offense is a felony of the second degree].
         (g-1)  An offense under Subsection (g) is increased to the
  next higher category of offense if it is shown on the trial of an
  offense under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved an individual 65 years of age
  or older; or
               (3)  the defendant committed another offense under this
  section in the same election [When ballots or carrier envelopes are
  obtained in violation of this section pursuant to one scheme or
  continuing course of conduct, whether from the same or several
  sources, the conduct may be considered as one offense and the number
  of ballots or carrier envelopes aggregated in determining the grade
  of the offense].
         SECTION 7.  Section 86.010, Election Code, is amended to
  read as follows:
         Sec. 86.010.  UNLAWFULLY ASSISTING VOTER VOTING BALLOT BY
  MAIL. (a)  A voter casting a ballot by mail who would be eligible
  under Section 64.031 to receive assistance at a polling place may
  select a person as provided by Section 64.032(c) to assist the voter
  in preparing the ballot.
         (b)  Assistance rendered under this section is limited to
  that authorized by this code at a polling place, except that a voter
  with a disability who is physically unable to deposit the ballot and
  carrier envelope in the mail may also select a person as provided by
  Section 64.032(c) to assist the voter by depositing a sealed
  carrier envelope in the mail.
         (c)  The person assisting the voter must sign a written oath
  prescribed by Section 64.034 that is part of the certificate on the
  official carrier envelope.
         (d)  If a voter is assisted in violation of this section
  [Subsection (a) or (b)], the voter's ballot may not be counted.
         (e)  A person who assists a voter to prepare a ballot to be
  voted by mail shall enter the person's signature, printed name, and
  residence address on the official carrier envelope of the voter.
         (f)  A person who assists a voter commits an offense if the
  person knowingly fails to comply with Subsections (c) and [provide
  the information on the official carrier envelope as required by
  Subsection] (e).
         (g)  An offense under this section is a [Class A misdemeanor
  unless the person is convicted of an offense under Section 64.036
  for providing unlawful assistance to the same voter, in which event
  the offense is a] state jail felony.
         (h)  Subsection (f) does not apply if the person is related
  to the voter [applicant] within the second degree by affinity or the
  third degree by consanguinity, as determined under Subchapter B,
  Chapter 573, Government Code, or was physically living in [is
  registered to vote at] the same dwelling [address] as the voter at
  the time of the event [applicant].
         (i)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of an offense
  under this section that:
               (1)  the defendant was previously convicted of an
  offense under this code;
               (2)  the offense involved a voter 65 years of age or
  older; or
               (3)  the defendant committed another offense under this
  section in the same election.
         (j)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 8.  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
  same person.  The committee may also compare the signatures with any
  two or more signatures of the voter made within the preceding six
  years and on file with the county clerk or voter registrar [the
  signature on the voter's registration application to confirm that
  the signatures are those of the same person but may not use the
  registration application signature] to determine whether [that]
  the signatures are [not] those of the same person.  Except as
  provided by Subsection (l), a determination under this subsection
  that the signatures are not those of the same person 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 same person in separate
  containers from those of voters whose signatures are those of the
  same person.  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 9.  Section 87.041(e), Election Code, is amended to
  read as follows:
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with any two or more
  signatures of the voter made within the preceding six years and on
  file with the county clerk or voter registrar to determine whether 
  [confirm that] the signatures are those of the same person [but may
  not use the signatures to determine that the signatures are not
  those of the same person].
         SECTION 10.  Section 87.0431, Election Code, is amended to
  read as follows:
         Sec. 87.0431.  NOTICE OF REJECTED BALLOT. (a)  Not later
  than the 10th day after election day, the presiding judge of the
  early voting ballot board shall deliver written notice of the
  reason for the rejection of a ballot to the voter at the residence
  address on the ballot application.  If the ballot was transmitted to
  the voter by e-mail under Subchapter C, Chapter 101, the presiding
  judge shall also provide the notice to the e-mail address to which
  the ballot was sent.
         (b)  The presiding judge shall, not later than the 30th day
  after election day, deliver written notice to the attorney general,
  including certified copies of the carrier envelope and
  corresponding ballot application, of any ballot rejected because:
               (1)  the voter was deceased;
               (2)  the voter already voted in person in the same
  election;
               (3)  the signatures on the carrier envelope and ballot
  application were not executed by the same person;
               (4)  the carrier envelope certificate lacked a witness
  signature; or
               (5)  the carrier envelope certificate was improperly
  executed by an assistant.
         SECTION 11.  Chapter 276, Election Code, is amended by
  adding Section 276.013 to read as follows:
         Sec. 276.013.  ELECTION FRAUD. (a)  A person commits an
  offense if the person knowingly or intentionally makes any effort
  to:
               (1)  influence the independent exercise of the vote of
  another in the presence of the ballot or during the voting process;
               (2)  cause a voter registration application, ballot, or
  vote to be obtained or 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 other official election-related form or document.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  An offense under this section is increased to the next
  higher category of offense if it is shown on the trial of the
  offense 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.
         (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 12.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 13.  This Act takes effect December 1, 2017.