Texas HB 439: Relating to maintaining certain voter registration information and reviewing ballots voted by mail; creating criminal offenses.

Bill Text

By:AASwanson H.B.ANo.A439
A BILL TO BE ENTITLED
AN ACT
relating to maintaining certain voter registration information and
reviewing ballots voted by mail; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubchapter A, Chapter 18, Election Code, is
amended by adding Section 18.0045 to read as follows:
Sec.A18.0045.AARECORD OF VOTERS REMOVED FROM LIST. (a) The
registrar shall retain the voter registration application of any
person whose name is removed from a list of registered voters
prepared under this subchapter.
(b)AAIf voter registration information was recorded on an
optional storage method under Section 13.104, the information may
be substituted for the retained registration application under
Subsection (a).
(c)AAAll information and records held by the registrar under
this section, other than information described as confidential
under Section 13.004, are open records for the purposes of Chapter
552, Government Code.
(d)AAA registrar commits an offense if the registrar
knowingly fails to comply with a requirement under this section. An
offense under this section is a Class A misdemeanor.
(e)AAThe registrar may use funds dedicated under Chapter 19
for the purpose of defraying costs associated with complying with
this section.
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(f)AAThe Secretary of State shall make a copy of any list
prepared under this subchapter available on the Secretary’s
publicly accessible Internet website in a searchable, sortable, and
downloadable database format.
SECTIONA2.AASubchapter A, Chapter 18, Election Code, is
amended by adding Section 18.0085 to read as follows:
Sec.A18.0085.AADATABASE OF LISTS AVAILABLE ON COUNTY
WEBSITE. (a) The registrar shall make a copy of any list prepared
under this subchapter available on the county’s publicly accessible
Internet website in a searchable, sortable, and downloadable
database format.
(b)AAThe registrar may use funds dedicated under Chapter 19
for the purpose of defraying costs associated with developing and
maintaining the database prescribed by this section.
(c)AAA registrar commits an offense if the registrar
knowingly fails to comply with the requirements under Subsection
(a). An offense under this section is a Class A misdemeanor.
SECTIONA3.AASections 87.027(i) and (j), Election Code, are
amended to read as follows:
(i)AAThe 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 shall [may] also compare the signatures with
any known signature of the voter on file with the county clerk or
voter registrar to determine whether the signatures are those of
the voter. The committee shall also compare the information
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H.B.ANo.A439
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provided by the voter under Section 84.002(a)(1-a) on the voter’s
ballot application with the information provided by the voter under
Section 86.002(g) and any known copies of the information on file
with the county clerk or voter registrar. Except as provided by
Subsection (l), a determination under this subsection that the
signatures or provided information 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 or provided information are
not those of the voter in separate containers from those of voters
whose signatures or provided information 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.
(j)AAIf a signature verification committee is appointed, the
early voting ballot board shall follow the same procedure for
accepting the early voting ballots voted by mail as in an election
without a signature verification committee, except that the board
may not determine whether a voter’s signatures on the carrier
envelope certificate and ballot application are those of the same
person if the committee has determined that the signatures are
those of the same person. If the committee has determined that the
signatures or provided information are not those of the same
person, the board may make a determination that the signatures or
provided information are those of the same person by a majority vote
of the board’s membership.
SECTIONA4.AASubchapter B, Chapter 87, Election Code, is
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amended by adding Section 87.0272 to read as follows:
Sec.A87.0272.AAINAPPROPRIATE ACTION BY SIGNATURE
VERIFICATION COMMITTEE. (a) A chair of a signature verification
committee or a chair’s designee commits an offense if the chair or
chair’s designee