By: Fallon H.B. No. 4131       A BILL TO BE ENTITLED   AN ACT   relating to assisting voters and other voting processes and   procedures; creating criminal offenses; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  S   ection 61.033, Election Code, is amended to   read as follows:          Sec. 61.033.  ELIGIBILITY TO SERVE AS INTERPRETER.  To be   eligible to serve as an interpreter for the purpose of   communicating with an election officer, a person must be a   registered voter in this state [of the county in which the voter   needing the interpreter resides].          SECTION 2.  Section 63.012, Election Code, is amended to   read as follows:          Sec. 63.012.  UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT   VOTER.  (a)  An election officer commits an offense if the officer   knowingly:                (1)  permits an ineligible voter to vote other than as   provided by Section 63.011; [or]                (2)  permits an unlawful vote or ineligible ballot to   be cast in a manner that will be counted; or                (3)  refuses to accept a person for voting whose   acceptance is required by this code.          (b)  An offense under this section is a Class A [B]   misdemeanor.          SECTION 3.  Subchapter B, Chapter 64, Election Code, is   amended by adding Section 64.030 to read as follows:          Sec. 64.030.  DEFINITION. In this subchapter,   "compensation" means any monetary payment, goods, services,   benefits, employment, political favors, acts of official   discretion, or other form of consideration offered to another   person in exchange for assisting voters.          SECTION 4.  Section 64.031, Election Code, is amended to   read as follows:          Sec. 64.031.  ELIGIBILITY FOR ASSISTANCE.  (a)  A voter is   eligible to receive assistance in marking the ballot, as provided   by this subchapter, if the voter cannot prepare the ballot because   of:                (1)  a physical disability that renders the voter   unable to mark the ballot [write] or see the ballot; or                (2)  an inability to read the language in which the   ballot is written.          (b)  An election officer commits an offense if the election   officer knowingly allows a voter who is ineligible for assistance   under Subsection (a) to receive assistance.          (c)  An offense under Subsection (b) is a Class A   misdemeanor.          SECTION 5.  Section 64.032, Election Code, is amended by   amending Subsections (c) and (d) and adding Subsection (c-1) to   read as follows:          (c)  On the voter's request, the voter may be assisted by any   person selected by the voter other than:                (1)  the voter's employer;                (2)  [,] an agent of the voter's employer;                (3)  [, or] an officer or agent of a labor union to   which the voter belongs;                (4)  a candidate for office;                (5)  a person previously convicted of an   election-related offense;                (6)  a person who is not an election judge or clerk and   who receives or is offered or promised compensation for assisting   voters; or          (c-1)  Notwithstanding Subsection (c), on the voter's   request, a voter may be assisted by a person who:                (1)  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                (2)  physically lives in the same residence as the   voter.          (d)  If assistance is provided by a person of the voter's   choice, an election officer shall enter the person's name and   address on the poll list beside the voter's name and shall require   the assistant to complete a voter assistance affidavit under   Section 64.034.          SECTION 6.  Section 64.034, Election Code, is amended to   read as follows:          Sec. 64.034.  VOTER ASSISTANCE AFFIDAVIT REQUIRED [OATH].   (a) Before a [A] person other than an election officer provides   [selected to provide] assistance to a voter, the person must   complete, sign, and submit a voter assistance affidavit that   includes:                (1)  the assisting person's legal name, residence   address, and date of birth;                (2)  the nature of the relationship of the person to the   voter;                (3)  an affirmation that the person has never been   convicted of an election-related offense;                (4)  an affirmation that the person has not been   compensated in any way or offered or promised any type of   compensation, political favor, or official act of discretion to   assist voters;                (5)  an affirmation that the person did not approach   the voter and offer assistance; and                (6)  [must take] the following oath[, administered by   an election officer at the polling place, before providing   assistance]:          "I swear (or affirm) under penalty of law that all of the   above information and affirmations are true and accurate, and that   I will not suggest, by word, sign, or gesture, how the voter should   vote; I will confine my assistance to 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 only as the voter specifically directs; 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, or a   candidate for office. I understand it is a criminal offense to   provide false information or to in any way influence the   independent choice of the voter."          (b)  Before allowing a person other than an election officer   to assist a voter, an election officer must review the voter   assistance affidavit form and confirm that the form is complete and   the assisting person is eligible to assist the voter under Section   64.032, based on the answers provided.          (c)  An election officer commits an offense if the officer   knowingly fails to comply with any part of Subsection (b). An   offense under this subsection is a Class A misdemeanor.          (d)  A person commits an offense if the person knowingly   provides false information under this section. An offense under   this subsection is a state jail felony.          (e)  A person commits an offense if the person knowingly   fails to submit a completed affidavit under this section. An   offense under this subsection is a Class A misdemeanor.          (f)  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.          (g)  The secretary of state shall prescribe a form to   implement this section.          SECTION 7.  Section 64.036, Election Code, is amended to   read as follows:          Sec. 64.036.  UNLAWFULLY ASSISTING OR INFLUENCING A VOTER   [UNLAWFUL ASSISTANCE].  (a)  A person commits an offense if the   person knowingly:                (1)  provides or offers to provide assistance to a   voter who is not eligible for assistance;                (2)  while assisting a voter prepares the voter's   ballot in a way other than the way the voter directs or without   direction from the voter;                (3)  while assisting a voter suggests by word, sign, or   gesture how the voter should vote; or                (4)  provides or offers to provide assistance to a   voter who has not first requested assistance or selected the person   to assist the voter.          (b)  A person commits an offense if the person knowingly   assists a voter in violation of Section 64.032 [64.032(c)].          (c)  An election officer commits an offense if the officer   knowingly permits a person to provide assistance:                (1)  to a voter in violation of this section [who is not   eligible for assistance]; or                (2)  in violation of Section 64.032 [64.032(c)].          (d)  An offense under this section is a state jail felony,   unless the offense is committed under Subsection (c), in which case   it is a Class A misdemeanor.          (e)  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 8.  Section 84.004(e), Election Code, is amended to   read as follows:          (e)  An offense under this section is a Class A [B]   misdemeanor.          SECTION 9.  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 knowingly provides or causes false   information to be provided on an application for an early voting   ballot by mail.          (a-1)  A person other than the voter commits an offense if   the person knowingly alters a voter's application for ballot by   mail or causes an application to be altered, without the voter's   express consent. This offense does not apply to an early voting   clerk or deputy early voting clerk who receives and marks an   application for administrative purposes only.          (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 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 10.  Chapter 86, Election Code, is amended by adding   Section 86.0061 to read as follows:          Sec. 86.0061.  UNLAWFUL POSSESSION OF BALLOT. (a)  A person   commits an offense if the person knowingly possesses an official   ballot or official carrier envelope provided under this code to   another person. 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 possession:                (1)  was 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)  was registered to vote at and physically living in   the same residence as the voter;                (3)  possessed the ballot or carrier envelope solely   for the temporary purpose of assisting a voter who was eligible for   assistance under Section 64.031, did not commit an offense under   Section 64.036, and fully complied with the requirements of Section   86.010;                (4)  was a deputy voter registrar who:                      (A)  possessed a sealed carrier envelope for the   sole purpose of depositing the carrier envelope in the mail;                      (B)  met the qualifications of an assistant under   Section 64.032; and                      (C)  truthfully completed the affidavit required   of an assistant on the certificate of the carrier envelope;                (5)  was an early voting clerk, deputy early voting   clerk, or other election officer;                (6)  was an officer of the court, agent of law   enforcement, or other individual authorized by a court who   possessed a ballot or carrier envelope for the purpose of an   election contest, criminal investigation, or proceeding in   connection with an election; or                (7)  was an employee of the United States Postal   Service working in the normal course of the employee's authorized   duties.          (b)  An offense under Subsection (a) is a state jail felony.          (c)  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 an individual 65 years of age   or older;                (3)  the defendant committed another offense under this   section in the same election; or                (4)  the defendant possessed the ballot or carrier   envelope without the express consent of the voter.          (d)  In the prosecution of an offense under this section:                (1)  the prosecuting attorney is not required to negate   the applicability of the provisions of Subsection (a)(1), (2), (3),   or (4) in the charging instrument;                (2)  the issue of the applicability of a provision of   Subsection (a)(1), (2), (3), or (4) is not submitted to the jury   unless evidence of that provision is admitted; and                (3)  if the issue of the applicability of a provision of   Subsection (a)(1), (2), (3), or (4) is submitted to the jury, the   court shall charge that a reasonable doubt on the issue requires   that the defendant be acquitted.          (e)  A ballot returned in violation of this section may not   be counted.          SECTION 11.  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.          (c)  The person assisting the voter must sign and complete a   written affidavit [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)  Before accepting a ballot under this section, an early   voting clerk must confirm the information provided under Subsection   (c)  following the procedure described by Section 64.034(b) [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 provide the information on the official   carrier envelope [as] required by Subsection (c) [(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 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 and physically   lives in the same residence [address] as the 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.          SECTION 12.  Section 86.0105, Election Code, is amended to   read as follows:          Sec. 86.0105.  PAID VOTE HARVESTING ACTIVITY [COMPENSATION   FOR ASSISTING VOTERS PROHIBITED].  (a)  A person commits an offense   if the person:                (1)  compensates or offers to compensate another person   for collecting mail ballots or assisting voters [as provided by   Section 86.010,] as part of any performance-based compensation   scheme based on the number of ballots collected or voters assisted   or in which another person is presented with a quota of ballots to   be collected or voters to be assisted [as provided by Section   86.010];                (2)  engages in another practice that causes another   person's compensation from or employment status with the person to   be dependent on the number of ballots collected or voters assisted   [as provided by Section 86.010]; or                (3)  [with knowledge that accepting compensation for   such activity is illegal,] accepts compensation or an offer of   compensation for an activity described by Subdivision (1) or (2).          (b)  Except as provided by Subsection (c), an offense under   this section is a Class A misdemeanor [punishable by:                      [(1) confinement in jail for a term of not more   than one year or less than 30 days; or                      [(2) confinement described by Subdivision (1) and   a fine not to exceed $4,000].          (c)  An offense under this section is increased to the next   higher category of offense [a state jail felony] 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 [two or   more times] under this section in the same election.          (d)  An officer, director, or other agent of an entity that   commits an offense under this section is punishable for the   offense.          (e)  For purposes of this section, compensation means 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.          SECTION 13.  Section 86.013(d), Election Code, is amended to   read as follows:          (d)  The following textual material, as prescribed by the   secretary of state, must be printed on the reverse side of the   official carrier envelope or on a separate sheet accompanying the   carrier envelope when it is provided:                (1)  the prohibition prescribed by Section 86.006(b);                (2)  the conditions for delivery by common or contract   carrier prescribed by Sections 81.005 and 86.006;                (3)  the requirements for the legal execution and   delivery of the carrier envelope, including the prohibition on   compensation for depositing carrier envelopes containing ballots   voted by other persons under Section 86.0105 [86.0052];                (4)  the prohibition prescribed by Section 86.006(e);   and                (5)  the offenses prescribed by Sections 86.0061   [86.006(f)] and 86.010(f).          SECTION 14.  Section 87.041, Election Code, is amended by   amending Subsections (b) and (e) and adding Subsection (g) to read   as follows:          (b)  A ballot may be accepted only if:                (1)  the carrier envelope certificate is properly   executed in compliance with Sections 86.006 and 86.010;                (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.          (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 voter registrar to 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].          (g)  A person commits an offense if the person intentionally   accepts a ballot or causes a ballot to be accepted for voting that   does not meet the requirements of Subsection (b). An offense under   this subsection is a Class A misdemeanor.          SECTION 15.  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 10th 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 16.  The following provisions of the Election Code   are repealed:                (1)  Sections 86.006(f), (g), (g-1), and (i); and                (2)  Sections 86.0051 and 86.0052.          SECTION 17.  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 18.  This Act takes effect September 1, 2017.