SB2975 - Relating to certain election practices and procedures; increasing a criminal penalty; providing an administrative penalty.

  89R7646 MPF-D     By: Bettencourt S.B. No. 2975       A BILL TO BE ENTITLED   AN ACT   relating to certain election practices and procedures; increasing a   criminal penalty; providing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002(c), Election Code, is amended to   read as follows:          (c)  A registration application must include:                (1)  the applicant's first name, middle name, if any,   last name, and former name, if any;                (2)  the month, day, and year of the applicant's birth;                (3)  a statement that the applicant is a United States   citizen;                (4)  a statement that the applicant is a resident of the   county;                (5)  a statement that the applicant has not been   determined by a final judgment of a court exercising probate   jurisdiction to be:                      (A)  totally mentally incapacitated; or                      (B)  partially mentally incapacitated without the   right to vote;                (6)  a statement that the applicant has not been   finally convicted of a felony or that the applicant is a felon   eligible for registration under Section 13.001;                (7)  the applicant's residence address or, if the   residence has no address : [ , ]                       (A)   the address at which the applicant receives   mail ;                       (B)   [ and ] a concise description of the location   of the applicant's residence; and                       (C)     a statement that the applicant's residence   has no address;                (8)  the following information:                      (A)  the applicant's Texas driver's license number   or the number of a 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);                (9)  if the application is made by an agent, a statement   of the agent's relationship to the applicant; and                (10)  the city and county in which the applicant   formerly resided.          SECTION 2.  Section 31.037(a), Election Code, is amended to   read as follows:          (a)  The employment of the county elections administrator   may be suspended, with or without pay, or terminated at any time for   good and sufficient cause on the three-fifths [ four-fifths ] vote of   the county election commission and approval of that action by a   majority vote of the commissioners court.          SECTION 3.  Section 31.043, Election Code, is amended to   read as follows:          Sec. 31.043.  DUTIES OF ADMINISTRATOR GENERALLY.   (a) The   county elections administrator shall perform:                (1)  the duties and functions of the voter registrar;                (2)  the duties and functions placed on the county   clerk by this code;                (3)  the duties and functions relating to elections   that are placed on the county clerk by statutes outside this code,   subject to Section 31.044; and                (4)  the duties and functions placed on the   administrator under Sections 31.044 and 31.045.           (b)     The county elections administrator is a nonvoting   member of the county election commission and the county election   board.          SECTION 4.  Subchapter B, Chapter 31, Election Code, is   amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and   31.0435 to read as follows:           Sec.   31.0431.     REPORT TO COUNTY ELECTION COMMISSION: VOTE BY   MAIL. Not later than the 30th day after the final canvass of an   election is completed, the county elections administrator shall   provide a report to the county election commission that includes   the following information pertaining to voting by mail:                 (1)     the number of applications for a ballot to be voted   by mail submitted and the number of applications rejected;                 (2)  the number of official ballots to be voted by mail:                       (A)  provided to an applicant;                       (B)  returned by an applicant;                       (C)     returned undelivered by the United States   Postal Service;                       (D)     delivered to the early voting ballot board or   signature verification committee;                       (E)     for which the voters were accepted by the   early voting ballot board, including accepted voters whose jacket   envelopes were empty, contained the wrong ballot, or contained   multiple ballots; and                       (F)     for which the voters were rejected by the   early voting ballot board;                 (3)     the number of limited ballots to be voted by mail   submitted by an applicant; and                 (4)  the number of ballots voted by mail:                       (A)  delivered to the central counting station;                       (B)     duplicated at the central counting station;   and                       (C)  tabulated by the central counting station.           Sec.   31.0432.     REPORT TO COUNTY ELECTION COMMISSION: EARLY   VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the   final canvass of an election is completed, the county elections   administrator shall provide a report to the county election   commission that includes the following information pertaining to   each day of early voting by personal appearance:                 (1)     the number of persons accepted to vote using a   limited ballot and the number of limited ballots cast;                 (2)  the number of:                       (A)     voters accepted to vote at each polling   place, including accepted voters who did not cast a vote;                       (B)     votes cast at each polling place and in each   election precinct;                       (C)  voters accepted to vote a provisional ballot;                       (D)     provisional ballot affidavits accepted at   each polling place;                       (E)     requests for cancellation of an application   for a ballot to be voted by mail received by each polling place;                       (F)  spoiled ballots at each polling place;                       (G)     marked ballots deposited in a location other   than a ballot box;                       (H)     polling places where 25 percent or more of   the election officers were not available to work at the polling   place for more than one hour at a time;                       (I)     polling places where a seal on a ballot box or   voting equipment did not match the documentation or was broken; and                       (J)     polling places that were not able to   reconcile every voter against the record of votes cast, including   the number of polling places where the discrepancy exceeded two   votes cast;                 (3)     the allocation of voting equipment and election   officials for each polling place; and                 (4)     the number of ballots cast during early voting by   personal appearance that were duplicated by the central counting   station.           Sec.   31.0433.     REPORT TO COUNTY ELECTION COMMISSION:   ELECTION DAY. Not later than the 30th day after the final canvass of   an election is completed, the county elections administrator shall   provide a report to the county election commission that includes   the following information pertaining to election day:                 (1)  the number of:                       (A)     voters accepted to vote at each polling   place, including accepted voters who did not cast a vote;                       (B)     votes cast at each polling place and in each   election precinct;                       (C)  voters accepted to vote a provisional ballot;                       (D)     provisional ballot affidavits accepted at   each polling place;                       (E)     requests for cancellation of an application   for a ballot to be voted by mail received by each polling place;                       (F)  spoiled ballots at each polling place; and                       (G)     m [Text truncated for display. Full text available on LegiScan.]