Election Advisory No. 2019-11

To:	Election Officials
From:	Keith Ingram, Director of Elections
Date:	August 5, 2019
RE:	2019 Legislative Summary

Below is a brief summary of the major election-related legislation that passed during the 86th Legislative Session. We have also included a reminder about relevant legislation from the 85th Legislative session and some additional changes in federal law affecting elections.

Bills passed during the 2019 Session

House Bill 88 (Swanson): Provides that the order of candidates’ names on the ballot for a runoff election or a second election to resolve a tie shall be in the same order as they appeared on the ballot for the original election. This change now conforms the procedures for these elections to what was already occurring with primary elections and special elections to fill a vacancy in the legislature. Additionally, this bill adds a definition of a ballot-marking device and provides that the Secretary of State may prescribe the form and content for voting systems that use a ballot-marking device.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 2.002, 52.075, 52.094, 121.003,

House Bill 273 (Swanson): Provides that if an application to vote by mail is received earlier than the 37th day before election day, the early voting clerk must mail the balloting material no later than the 30th day before election day.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 86.004

House Bill 831 (Huberty): Provides additional guidelines for what constitutes continuous residence for the purpose of candidate eligibility requirements under Section 141.001. A person who claims an intent to return to a residence after a temporary absence may establish that intent only if the person has (1) made a reasonable and substantive attempt to effectuate that intent, and (2) has a legal right and the practical ability to return to the residence.

Effective Date: January 1, 2020

Statutes Affected: Election Code §141.001

House Bill 933 (Bucy): Requires the posting of certain types of election information on the Secretary of State’s internet website and/or the County Election Officers’ internet website, if they maintain a website. Items that must be posted include the following:

County requirements for internet postings:

Contact information for the county election officer including, street address, zip code, mailing address, if different, telephone number, fax number, and email address.
Election day and early voting polling place information for county and local elections. This includes the polling place building name, if any, street address and zip code, and days and hours of voting at each location.
Notice of Election for county elections under 4.003
Notice of Election provided to the county by local entities under 4.008

This now includes a listing of polling places for local entity elections.

Notice of time and place of each session of public training for election judges and clerks for elections ordered by the governor or county authority (32.114)

If no website is available, posting must be made to bulletin board used for commissioners court. The posting must include a statement that the program is open to the public.

Notice when adopting a change in boundary lines for a county election precinct under 42.031
Notice when a ballot box is opened to retrieve erroneously placed election records pursuant to a court order under 66.059. Notice must be posted for 24 hours preceding the hour set for opening the box.
Notice required under 85.007 for weekend voting that has been ordered under 85.006(b).
Notice of branch voting schedules under 85.067
Certain items related to the Signature Verification Committee under 87.027 including: (1) the copy of order calling for the appointment of the Signature Verification Committee, (2) the early voting clerk’s notice of names and addresses of members of the committee, and (3) Notice of delivery of ballots to the signature verification committee.
Notice of the public Logic and Accuracy Test under Section 129.023

Secretary of State requirements for internet postings

Contact Information for each county election officer including their street address and zip code, mailing address, if different, telephone number, fax number and email address.
Election day and early voting polling place locations for county and local elections including the polling places building name, if any, street address and zip code, and days and hours of voting under each location.
Notice for the Governor’s statewide canvass for elections containing a statewide office, statewide measure, district office, or president or vice-president under
Notice of the submission of a petition supplementing a precinct convention list for the creation of a new party under 181.006.
Notice of the Governor’s canvass of an election to fill a legislative vacancy under 203.012.
Notice of the Ballot Drawing for Constitutional Amendments under 274.002.

Effective Date: September 1, 2019. For information required under 31.125, October 1, 2019 for counties that maintain an internet website.

Statutes Affected: Election Code § 4.003, 4.008,31.016, 31.125, 32.114, 42.035, 66.059, 67.012, 85.007, 85.067, 87.027, 129.023, 181.006, 203.012. 274.002

House Bill 1048 (Guillen): Requires political subdivisions to designate as one of their early voting polling place at least one of the county’s early voting polling places located within the territory of the political subdivision. This provision only applies to political subdivisions that are not holding a joint election with a county or have not executed a contract for election services with a county election officer. Additionally, these political subdivisions may not designate any other early voting locations other than an eligible county early voting location unless they have designated all county early voting locations that are within the territory of their political subdivision as early voting locations for their political subdivision.

Effective Date: Immediately

Statutes Affected: Election Code § 85.010

House Bill 1067 (Ashby): For political subdivisions other than a county, if a candidate dies on or before the deadline for filing an application for a place on the ballot, the authority preparing the ballot may choose to omit the candidate from the ballot. If they choose to omit the deceased candidate from the ballot, the filing deadline for an application for a place on the ballot for the office sought by the deceased candidate will be extended to the fifth day after the filing deadline.

Effective Date: Immediately

Statutes Affected: Election Code §§ 145.096, 145.098

House Bill 1241 (Bucy): Requires all written notices that include a polling place location to include the building name, if any, and the street address, including the suite or room number, if any, of the polling places listed in the notice.

Effective Date: September 1, 2019

Statutes Affected: Election Code §1.021

House Bill 1421 (Israel): Creates a new Chapter in the Texas Election Code, Chapter 279 “Cybersecurity of Election Systems.” This new chapter defines certain election security terms and provides that the Texas Secretary of State shall adopt rules that define classes of protected election data and establish best practices for identifying risk to electronic use, storage, and transmission of election data and the security of election systems. The Secretary of State is also required to provide cybersecurity training to SOS personnel and county election officers. This bill also prescribes breach notification requirements related to county election officers and the Secretary of State’s Office. Finally, if state funds are available and the Secretary of State recommends it, county election officers shall complete an election security assessment of the cybersecurity of the county’s election system. For more details, please see Advisory 2019-12 – HB 1421 and Election Security Requirements.

Effective Date: September 1, 2019

Statutes Affected: Election Code Chapter 279

House Bill 1850 (Klick): Requires that early voting rosters must be made available by 11:00 am on the day they become public under 87.121. For elections in which the county serves as the early voting clerk, these rosters must be made available on the county’s internet website, if they maintain one. If the county does not maintain a website, then it must be posted on the bulletin board used for posting notice of meeting of commissioners court. Additionally, this bill requires the early voting clerk to post on their website, if they maintain a website, a current copy of the branch daily register in a downloadable format. For primary elections, primary runoff elections, the general election for state and county officers, and any special election ordered by the governor, the early voting clerk is also required to submit these rosters to the Secretary of State for posting on the Secretary of State’s website.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 85.072, 87.121

House Bill 1888 (Bonnen): All temporary branch locations must be open the same weekdays as the main early voting location and must be open for 8 hours each of those days. For elections where someone other than the county clerk or city secretary is the early voting clerk, and the territory has fewer than 1,000 registered voters, the temporary branch locations must still be open the same weekdays as the main early voting location, but only have to be open three hours each day. This bill eliminates the concept of “mobile voting” by now requiring all temporary branch locations to remain open at the same fixed location for the duration of the early voting period.

Effective Date: September 1, 2019.

Statutes Affected: Election Code §§ 42.0621, 85.062, 85.064, 85.068. Repeals 42.002(c), 85.064 (a) and (c), 85.065.

House Bill 2075 (Neave): Provides that on a ballot, a candidate may use any surname acquired by law or marriage.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 52.031

House Bill 2504 (Springer): Modifies the threshold by which a political party is automatically entitled to have the names of its nominees placed on the general election ballot. If the party had a nominee for a statewide office receive a number of votes equal to at least two percent of the total number of votes received by all candidates for that office at least once in the last five previous general elections, the party’s nominees will be on the general election ballot for the succeeding election. This bill also creates a filing fee and petition in lieu of filing fee process for minor party candidates. All minor party candidates seeking the nomination of their party must also submit a filing fee or petition in lieu of filing fee to the county judge or Secretary of State, whichever is applicable, in addition to filing their candidate application with the appropriate party chair. This filing fee or petition must be submitted by the last day of the filing period or the candidate is not eligible to have their name placed on the general election ballot. The amount of the filing fee or the number of signatures required for the petition in lieu of a filing fee is the same amount that is required for a candidate seeking nomination by primary election under sections 172.024 and 172.025.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 141.041, 181.005

House Bill 2628 (Vo): Updates the procedures for providing information to the Sectary of State related to precinct by precinct reporting, canvassing, and submission of candidate information by minor parties. This bill now requires that precinct by precinct reporting include county and precinct level offices. Additionally, the county election office can now certify and submit their county election returns to the Secretary of State electronically.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 67.007, 67.008, 67.009,181.032

House Bill 2640 (Cortez): Requires all precinct by precinct reporting that is submitted to the Secretary of State to now include, district, county, and precinct level offices. Clarifies that precinct by precinct reporting is submitted by the county election officers which eliminates the submission of precinct by precinct reporting for local political subdivisions. Provides that the Secretary of State must now deliver a copy of the ballot certification for the general election for state and county officers via email in addition to other methods used for delivering the certification. Changes when a person who is voting by mail affiliates with a political party to when the person returns the ballot by mail rather than when they apply for it. Updates language related to the submission of candidate names into the Secretary of State’s candidate filing system.

This bill also makes a number of changes to political party procedures including:

No later than the 90th day before the primary election, the county Chair may notify the county election officer that it is not required for polling place workers to stamp voter registration cards or issue affiliation certificates as they will not be required for attendance to precinct conventions.
Provides that when a person affiliates with a political party by taking an oath, the person administering the oath may stamp the individual’s voter registration certificate or issue an affiliation certificate to the individual.
Allows for a modification of the composition of the state executive committee by party rule to be based on congressional districts rather than senatorial districts.
Provides that write-in candidates for county or precinct chair are not allowed unless authorized by a county executive committee.
A replacement member’s name of a county executive committee must be submitted to the Secretary of State for posting on their website.
The state executive committee may, by rule, require a specific deadline for filling vacancies on a precinct executive committee, county executive committee or district executive committee before the committee fills a vacancy in nomination for public office.
The precinct executive committee for a commissioners precinct or for a justice precinct containing three or more county election precincts consists of the members of the county executive committee who reside in the commissioners or justice precinct.
County Chairs must review candidate applications not later than the fifth business day after the date the application is received. If the application is submitted fewer than five business days before the regular filing deadline, the review shall be completed not later than the first Friday after the regular filing deadline.
The filing authority for an application for a place on the general primary election ballot may not challenge the application for its failure to comply with the requirements as to form, content, and procedure after the 50th day before primary election day.
If a filing deadline is extended under 172.055, the county chair must post notice on their website, if they maintain one, and send the notice to the Secretary of State or county election officer, whichever is applicable, for posting on their internet website.

County chair may designate someone to:

Conduct the ballot drawing on their behalf. Designee must be a member of the county executive committee, or if no one is available, a resident of the county served by the committee who is affiliated with the same political party.
Canvass the precinct election returns for the county in a primary election. Designee must be a member of the county executive committee, or if no one is available, a resident of the county served by the committee who is affiliated with the same political party.

The state executive committee will prescribe the ballot language for any petition-initiated referendum in a primary election under 172.088.
For the office of precinct chair, the county chair may produce and number ballots by hand in accordance with rules adopted by the Secretary of State.
Convention notices must remain posted at polling places continuously through early voting and on election.
A party may enact a rule authorizing the precinct conventions to be held during the county convention.
State Chairs may enter into an agreement with county chairs to serve as the fiscal agent for the county party.
Party rules must be posted on the party’s internet website.

Effective Date: September 1, 2019
Statutes Affected: Election Code §§ 67.017, 161.008, 162.003, 162.004, 162.005, 162.008, 171.002, 171.003,171.004, 171.0231,171.051, 171.053,171.071, 171.072, 172.0222, 171.0223, 172.055, 172.082, 172.088, 172.090, 172.1111, 172.1112, 172.1114, 172.113, 172.1141, 172.115, 172.116, 172.117, 172.121, 172.122,172.124, 172.130, 173.032, 173.0341, 173.061,174.021, 174.025, 174.064, 174.067, 191.003, 191.004, 191.008. Repealed: 171.054(g), 174.023(b), 174.064(b).

House Bill 3965 (Bohac): For counties participating in the countywide polling place program under Section 43.007, this bill requires that each countywide polling place location in a county post a notice of the four nearest county wide polling place locations by driving distance. Additionally, if there is a court order extending voting hours past 7:00 pm in a given county, all countywide polling places located in that county shall remain open for the length of time dictated in the court order.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 43.007

House Bill 4129 (Swanson): Provides that if a candidate files an untimely withdrawal request after the deadline prescribed by 145.092, the authority responsible for preparing the ballots may choose to omit the candidate from the ballot if, at the time of the request, the ballots have not been prepared, and if using a voting system, public notice of the logic and accuracy test has not been published.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 145.098

House Bill 4130 (Swanson): Authorizes the use of electronic pollbooks and requires the Secretary of State to prescribe specific requirement and standards for the certification of electronic pollbooks. The standards must include that the device produce certain electronic reports, display the voter’s original signature, if applicable, accept the voter for voting if the device is off-line, and provide jurisdictions or territorial unit numbers for each voter and time stamp when the voter has been accepted. If the device is used during early voting or as part of the countywide polling place program under 43.007, the device must also transmit time stamps related to the transmission of certain data. The certification must be conducted annually. If a county uses a device that does not comply with the prescribed rules in two consecutive general elections for state and county officers, the SOS shall assess a non-compliance fee to the county.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 31.014, 63.003, 63.004

Senate Bill 893 (Menendez): Eliminates the need to file a number of election related documents with the Comptroller of Public Accounts.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 12.032, 12.034, 31.031, 31.048, 31.071, 31.076, 31.152, 31.170,

Senate Bill 902 (Hughes): Provides changes to the election code related to public availability of election records. This bill also:

Provides that election records shall be available not later than the 15th day after election day in an electronic format for a fee of not more than $50.00.
Shifts the deadlines to file an election contest. The deadline is now the 30th day (or 10th day for certain elections) after the election records are publically available, or the official result of the contested election is determined, which is later.
Requires the general custodian of election records for a primary election or general election for state and county officers to maintain a list that states the total number of votes cast in each precinct on election day. This list must be available for public inspection not later than the day after election day. This information shall be submitted to the Secretary of State and posted in a downloadable format on the Secretary of State’s internet website.
Requires that information on the early voting roster shall be made available for public inspection no later than 11:00 am the day the roster becomes available for public inspection.
In a primary election or the general election for state and county officers, the early voting clerk must submit to the Secretary of State for posting on the Secretary of State’s internet website, in a downloadable format, certain early voting rosters described by 87.121(g) and (h).

Effective Date: September 1, 2019

Statutes Affected: Election Code §§1.012, 66.0021, 87.121, 232.008, 233.006, 241.003, 243.003.

Changes related to Voter Registration Confidentiality

House Bill 2910 (Klick): Standardizes the list of persons that are eligible for confidentiality for voter registration purposes and provides that the same data will be made confidential though all mechanisms used to obtain confidentiality.

NOTE: Section 552.117 of the Government Code was amended to include a current or former United States attorney or assistant United States attorney and the spouse or child of the attorney; however, this change was not made to Section 552.1175 so these individuals are not eligible for confidentiality for voter registration purposes.

Effective Date: September 1, 2019

Statutes Affected: Election Code §§ 1.005, 13.004, 15.0215, 15.081, 18.066, 552.1175, Repeals 13.0021, 15.0215

House Bill 3100 (Wray): Amends the list of individuals eligible for confidentiality under the Texas Election Code to include the spouse of a peace officer as defined by Article 2.12, Code of Criminal Procedure.
A number of bills added categories of individual eligible to obtain confidentiality.

Section 552.1175, Texas Government Code now includes:

Current or former CPS caseworkers, adult protective services caseworkers, or investigators for DFPS or a current or former employee of a DFPS contractor performing CPS, adult protective services, or investigative functions for the contractor on behalf of DPS. Senate Bill 1494 (Paxton).
State officers elected statewide or a member of the legislature. Senate Bill 1494 (Paxton) Senate Bill 662 (Campbell).
A firefighter, volunteer firefighter, or emergency medical services personnel. House Bill 2446 (Fallon).
Current or former member of the US Army, Navy, Air Force, Coast Guard, or Marine Corps, and auxiliary service of one of those branches, or the Texas military forces House Bill 1351(Cortez).
Special investigators as described by 2.122, Code of Criminal Procedure. House Bill 2910 (Klick).

Article 2.12, Code of Criminal Procedure now includes:

Special agents of the Office of Inspector General of the USDA and certain officers that are designated by the Department of Homeland Security. House Bill 3863 (Wilson).
Officers commissioned by the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas. Senate Bill 319 (Perry).

Other Relevant Bills

HB 1130 (Hinojosa): Provides that the Texas Department of Motor Vehicles shall issue a specialty license plate that includes the words “Register to Vote.” Revenue collected from such plates will be deposited into an account used only by the Secretary of State for use on Project V.O.T.E or a successor voter education program.

Effective Date: September 1, 2019

Statutes Affected: Transportation Code § 504.671

House Bill 1545 (Paddie): Changes the terminology used in local option liquor election regarding the legalization or prohibition of beer. The term beer has been eliminated from statute and replaced with the term, “Malt Liquor.”

Effective Date: September 1, 2020 (and various other effective dates).

Statutes Affected: Election Code §§ 501.001, 501.035, numerous other provisions in the Alcoholic Beverage Code, Health and Safety Code, Tax Code, Transportation Code, and Occupations Code.

Bills Affecting Debt Obligation Elections and Elections Affecting Property Tax Rates.

Senate Bill 2 (Bettencourt): Significantly changes the process for adopting property tax rates. Renames rollback tax rate to “Voter-Approval” tax rate. Requires elections for taxing units and cities that exceed the “voter-approval” rate to take place (without petition, automatically in most cases) on November uniform election date. Prescribes certain requirements for the order, notice and ballot language.

Effective: January 1, 2020 (and various other dates)

Statutes Affected: Tax Code §§1.045, 26.013, 26.05, 26.07, 27.075, 26.08, and various other statutes.

House Bill 3 (Huberty): Significantly changes the process for adopting property tax rates. Renames rollback tax rate to “Voter-Approval” tax rate. Requires “Voter-Approval” tax rate elections (school districts) to occur on uniform election dates. Adds ballot language stating “THIS IS A PROPERTY TAX INCREASE” for all bond elections.

Effective: September 1, 2019 (and various other dates).

Statutes Affected: Education Code §§ 44.004, 45.0021, 45.003, 45.0032, Tax Code §§ 26.08 and various other statutes.

House Bill 305 (Paul): Requires that a political subdivision with the authority to impose a tax that at any time on or after January 1, 2019, maintained a publicly accessible Internet website, must post the following items:

The political subdivision’s contact information, including a mailing address, telephone number, and e-mail address;
Each elected officer of the political subdivision;
The date and location of the next election for officers of the political subdivision;
The requirements and deadline for filing for candidacy of each elected office of the political subdivision. These requirements and deadlines shall be continuously posted for at least one year before the election day for the office.

Effective Date: September 1, 2019
Statutes Affected: Government Code §§ 2051.151, 2051.152

House Bill 440 (Murphy): Requires that a political subdivision that maintains a website include a sample ballot for their general obligation bond election be posted for the 21 days before the election, along with the election order, notice of the election, and contents of the proposition. Additionally, if a political subdivision other than a school wishes to use the unspent proceeds for a purpose other than what the bond was issued for, they must have an election to approve this alternative purpose.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 4.003; Education Code §45.1105; Government Code Chapter 1253

House Bill 477 (Murphy): Makes a number of changes to the requirements of a debt obligation order, ballot language, and notice requirements. This bill also provides for the creation of voter information document that must be included in the election order.

Ballot language must state:

A general description of the purposes for which the debt obligations are to be authorized,
The total principal amount of the debt obligations to be authorized, and
That taxes sufficient to pay the principal of and interest on the debt obligations will be imposed.

Voter Information Document: Requires a political subdivision with at least 250 registered voters to prepare a voter information document for each proposition to be voted on at the election

Must be posted:

On election day and during early voting in a prominent location at each polling place,
Not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election; and
During the 21 days before the election, on the political subdivision’s website.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 3.009; Government Code Chapter 1251; Local Government Code §271.049

Senate Bill 30 (Birdwell): Creates a new Chapter 1251 in the Government Code, which provides more specific instructions on debt obligation elections. This bill requires each single specific purpose for which bonds requiring voter approval are to be issued to be printed on the ballot as a separate proposition. A proposition may include as a specific purpose one or more structures or improvements serving the substantially same purpose and may include related improvements and equipment necessary to accomplish the specific purpose; and may include related improvements and equipment necessary to accomplish the specific purpose. Additionally, the ballot for a measure seeking voter approval of the issuance of debt obligations shall specifically state:

A plain language description of the single specific purposes for which the debt obligations are to be authorized;
The total principal amount of the debt obligations to be authorized; and
That taxes sufficient to pay the principal of and interest on the debt obligations will be imposed.

Effective Date: September 1, 2019

Statutes Affected: Election Code § 52.072; Education Code § 45.003; Government Code § 504.671

Property Tax Election

Joint Resolutions passed during the 2019 Regular Session

HJR 4 - "The constitutional amendment providing for the creation of the flood infrastructure fund to assist in the financing of drainage, flood mitigation, and flood control projects."

HJR 12 - "The constitutional amendment authorizing the legislature to increase by $3 billion the maximum bond amount authorized for the Cancer Prevention and Research Institute of Texas."

HJR 34 - "The constitutional amendment authorizing the legislature to provide for a temporary exemption from ad valorem taxation of a portion of the appraised value of certain property damaged by a disaster."

HJR 38 - "The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual's share of partnership and unincorporated association income."

HJR 72 - "The constitutional amendment permitting a person to hold more than one office as a municipal judge at the same time."

HJR 95 - "The constitutional amendment authorizing the legislature to exempt from ad valorem taxation precious metal held in a precious metal depository located in this state."

HJR 151 - "The constitutional amendment allowing increased distributions to the available school fund."

SJR 24 - "The constitutional amendment dedicating the revenue received from the existing state sales and use taxes that are imposed on sporting goods to the Texas Parks and Wildlife Department and the Texas Historical Commission to protect Texas' natural areas, water quality, and history by acquiring, managing, and improving state and local parks and historic sites while not increasing the rate of the state sales and use taxes."

SJR 32 - "The constitutional amendment to allow the transfer of a law enforcement animal to a qualified caretaker in certain circumstances."

SJR 79 - "The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $200 million to provide financial assistance for the development of certain projects in economically distressed areas."

Bills from 2017 Legislative Session

House Bill 25: Ends the ability to allow voters the option of voting a straight party ballot with one selection. It also requires the Secretary of State and the voter registrar of each county that maintains a website to notify voters on their websites by September 2020 that straight ticket voting will not be an option going forward. This information provided on the website must be in each language in which voter registration and election materials are available. NOTE: This bill is not effective until September 1, 2020.

Effective Date: September 1, 2020

Statutes Affected: Election Code §§ 1.005, 31.012, 52.071, 62.011, 64.004, 65.007, 65.011, 105.002, 122.001, 124.001, 124.003, 124.063, 129.023, and 232.050.

Changes resulting from Federal Legislation

The Veterans Benefits and Transitions Act (2018): Allows military spouses to choose the same state of residence as their service member for voting purposes, regardless of whether they have ever lived in the state. Non-military overseas voters can still rely on our common law. This does not apply to the children of military and non-military overseas voters.

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