Legislative Blog

J.B. Williams, J.D.

Election Integrity and Voting

A Blog about Elections and Voters 2021

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Elections and Voters 2021 as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of Elections and Voters 2021

Voting bills are overall expanding voter rights, as well as reducing voter fraud. If reviews of voting are accurate, there are about 4.8 million fraudulent votes being made across the United States. And several individuals have admitted to what they were caught doing has been done by them and others for many years. This is well over 1% of the registered voters in the United States. Voting is a privilege and should be treated as such. Not all countries are able to vote.

Blog Summary

The news hurried criticized the voting/election modifications made in this bill. However, it did expand voting hours and early voting days. It did not take away methods of voting that were previously legal, but it did not expand as far as what some jurisdictions attempted to during the pandemic. If you think more expansion is important the let your legislature know and let them know often. If you think you are not being heard, ask to talk to them by phone or in person. Some items were not implemented due to the inability to assure voters that massive fraud would not follow. For those that don't think massive fraud was a thing, I direct you to Protect the Vote videos showing people picking up and delivering stacks and stacks of ballots.

Texas now requires defendants be advised in court that their finding of guilt may affect their voting rights. I know all of the attorneys I personally knew in Collin County were ensuring their clients were aware of any affect to voting rights or possible immigration issues associated with findings of guilt. But now the judge will ensure they are made aware.

Voting clerks cannot solicit vote by mail. I know I've heard from elderly people who get confused by mail they receive regarding all kinds of things. Sending them unrequested solicitation may just serve to confuse them rather than assist them in any way. On the other side, I don't know of anyone that doesn't know that voting by mail may be an option available. Even my neighbors who are in their 90s and immigrated here in their 70s were aware that it was an option.

Don't believe the press when they tell you what to think. Remember only controversy seems to sell the news, so they are not prone to publishing merely the facts. For more details, read on.

Election Integrity and Voting

Published: 2021-12-08

An Act Relating to Elections

Elections and Voter Registration Modifications

Don't be sucked into rhetoric that voting bills are taking rights away or limiting voting. The ones that I have read through have all added voting rights - extending voting hours - to increase the people's ability to vote more easily. Now understand that during the 'pandemic' some place extended voting rights beyond what was legally allowed under the laws. Some were caught and pushed back to be more in line, but some items were permitted or overlooked.

If you believe that items included were right and should be fully implemented, then seek redress. Stay on top of your state legislators, gather signatures and make it happen. That being said, don't stop legislatures from expanding on existing laws. Adding more dates/times for voting is a good thing, not a bad. And if there are 'limits' in bills push your legislature to re-consider that issue before passing a bill. There are methods to get rid of specific items while still enacting positive change.

And remember that all bills will not be what all people want. That is an impossible task. And that if all of your dream items don't become law this time, then there is still work to be done.

1. Texas now requires people to be advised in court that their finding of guilt may affect their voting rights. Shift notification of someone voting but not registered to the AG rather than the local DA.
2. Voting clerks are not permitted to solicit vote by mail. My personal opinion is that they should never solicit vote by mail. There are so many items that people receive and do not understand, especially elderly individuals. Sending more items makes people think that it is required when it comes from a government entity. And I know that somewhere in there it will say not required, but I've heard so many stories about the confusion of items people have received. Look at the scams getting money from people for the 'IRS'. Perhaps letting people know it is an option. For instance, when someone applies for and receives an over 65 exemption for property taxes, there could be a small insert that says they may be eligible for voting by mail and provides the contact for finding out more.
   1. Requires the application to vote by mail to state providing false information is a state jail penalty. (It already was but now those applying will be advised of that in writing when applying.) Prohibits sending out vote by mail that is not applied for. It expands the signatures available for comparison. Requires mail in and in person voting numbers to be counted separately and reported as such. Requires the application, ballot and envelope be available to boards that oversee elections.
   2. I think all of these measures adds to ensuring people understand mail in voting, and ensure that the people feel confident that the votes are proper. And it will actually allow more signatures be used for comparison, helping to ensure more votes are not tossed while being valid.
3. Requires watchers to be close enough to see and hear election officers. Again this should reassure people that fraud would be caught, and probably less likely to be attempted. Same number of polling locations for counties under one million but for those over there is a newer rule to help ensure more locations.
4. Anyone accompanying more than 3 non-related individuals to a polling location must complete an information form at the polling location. This will ensure that if there is a claim of voter fraud in someone taking people to vote, that it can be investigated. I personally have taken my neighbors to vote because they are older and not able to drive themselves. Yes we did look at mail in voting but by the time we were doing it they worried about getting things back in time, so I volunteered to drive them there. And by the way, no issue because I also told the voting clerk they needed to vote while seated in their car. If they had been able to drive there alone, there was a number they could call so the clerk would come out to meet them.
5. Ensures voting equipment is not connected to the internet and ensures chain of custody until contest to election is complete.
6. Changes to hours for early voting. Previously was generally up to 9 hours as it was when the clerk's office was open - 8am-5pm. Now required for at least 9 hours but not before 6am or after 9pm on weekdays. If over 30,000 (was over 100,000) must have at least 12 hours on last 2 days of early voting. And it is added that anyone in line before polling closes is eligible to vote.
   1. Not sure if other places did not do this since it wasn't, and still is not, the law; but where I live they did this. Basically one volunteer stood with the last person in line, getting their name and providing them a card designation for last in line at poll closing. And another volunteer counted the number of people in line. But apparently this was not required by law and they could have told anyone that had not voted that it was too late.
   2. I think it's great that they can be open before 8am and/or after 5pm. I know it made it harder to get to vote if you worked 8am-5pm, not impossible but harder. If this passed places could be open earlier, allowing voting going to work; or later, allowing people to vote after work.

Article I. Voter Registration is amended as follows:

In a trial for a felony offense, where the accused is 18 years of age or older, the court shall advise them that a finding of guilty (here the court must make a finding that the person is guilty of a felony offense) or a plea of guilty may effect their voting rights and advise them how it will do so.

Requires anyone applying to vote complete the entire application for voting.

Requires the voting registrar to notify the Attorney General if anyone applies to vote or actually votes but is not eligible to do so. (Previously they notified local DAs if someone voted but was not registered to vote.)

Requires the registrar follow up with those persons whom are excused or disqualified from jury service or otherwise ineligible to vote - only the ineligible to vote was added.

Puts the burden of ensuring the registrar is doing their job on the Secretary of State (was already in place), and adds civil penalties with the registrar fails to correct a violation within 30 days of notice. The penalty is then placed in general funds for the state.

Article 2. Voting by mail is amended as follows:

Prohibits the voting clerk from soliciting vote by mail directly or indirectly.

Requires anyone requesting vote by mail on the ground of disability to affirm so in a statement provided.

Changes the application statement from stating that providing false information is a crime to that it is a state jail penalty. (Just clarification, which I think is helpful as crime is vague).

Prohibits a employee of the state or a political subdivision of the state from distributing an early voting ballot that has not been requested. And further prohibits them from using public funds to have a third party do so.

If an early vote by mail has been requested and sent, then the person to whom it is sent may only cast a provisional ballot at the polling place if they have not received and returned their early voting ballot.

Clarifies the methods of returning mail ballots. Permitting mail, common or contract carrier, or in person return. And prohibits mail ballots not returned from being counted.

States that if a ballot is not timely returned, that the clerk shall enter the time of receipt on the carrier envelope (was the law) and retain it in a 'locked container' to preserve the record. (The quoted part was added.)

Requires an additional method of allowing the voter to track application for vote by mail, the ballot sent, return of ballot, the ballot's acceptance or rejection. This information would be available via the internet in a secure manner to ensure it was only available to the voter and not public information.

Expands the availability of signatures for comparison.

Requires in person and mail ballot vote counts to be tabulated and reported separately.

Requires all portions of applications, envelope, or ballot to be electronically made and available to the early voting board, signature verification committee, or both.

Article 3. Election Security

1. Removes requiring appointees/watchers overseeing elections to not have recording devices on their person.
2. Requires that watchers be able to be close enough to see and hear election officers conducting the observed activity and permits them to able to move freely where they are watching.
3. Violations of the code are found if there is action taken to distance or obstruct the view of watchers, making their observation ineffective.
4. Permits watchers to send to the Secretary of State evidence of violations during the time the are watching. And anything so submitted can be requested by the attorney general.
5. The watcher may not otherwise share or permit sharing of such 'evidence'.
6. Number of polling locations remains the same for counties under 1 million but for over 1 million
   1. for each state district within the county, number of polling locations is determined by dividing the number of eligible voters in that district by the number of eligible voters in the county - this number becomes the percentage of polling places out of total polling places in the county (helping to ensure polling locations are not stacked so as to inconvenience some voters while encouraging others. This sounds like putting more polls where more people are - which makes sense and I'm not certain why anyone would object.)
   2. polling equipment, materials, elections officials to be divided based upon the same percentage
7. All polling locations must be inside a building not inside any temporary structure or vehicle. To vote in a vehicle the voter must meet the requirements previously set out under the law. (Here I'm not sure the issues with 'temporary structure' is but I'm guessing it has to do with ensuring security for ballots rather than anything else.)
8. Other than watchers, person may not record images or sound at a polling place.
9. A watcher may only record a person voting if the person is receiving assistance which the watcher believes to be unlawful.
10. Spoiled ballots must be maintained at polling locations.
11. A person may not be inside the vehicle with a voter that is permitted to vote from a vehicle unless that person would be permitted to assist the voter inside the polling location. (When I took my elderly neighbors, the voting clerk brought a chair to sit in and remained outside the vehicle. I was inside since I was permitted to assist them - language barrier.)
12. If a person assists more than 3 persons to polling location must complete a form with their information that will be provided at the polling location. This does not apply with relations within a certain degree of connectivity.
13. Beginning 1/1/24 no voting equipment counting votes can be connected to the internet. (Seems like a very sound idea.)
14. Ensures chain of custody of ballots until 60 days post election (already in place) or until any contests of election are resolved (added).
15. Days of voting (quoted parts added):
    1. early voting when county clerk is voting clerk - is each weekday 'except legal state holidays' and for 'a period of at least 9 hours' but 'not before 6am or after 9pm' - use to be the hours the clerks office was normally open, which for most was probably 8am-5pm
    2. other early voting - each weekday that is not a legal state holiday for at least 'nine' (was 8) hours each day, unless county has less than 1,000 voters than at least 'four' (was 3) each day
    3. In counties with population of '30,000' (was 100,000) or more voting is for '12' (dropped the at least) each weekday during the last 2 days of early voting.
16. Voting after polls close. If the person is in line waiting to vote before the polling location closes than they are eligible to vote.
17. The voting clerk may still add voting on Saturday/Sunday.
18. Added that a polling machine used in early voting may not be removed from the location before closing on the day of election. A defective machine or one needing repairs may be removed.
19. Communications with voting systems vendors is not confidential, is public information for purposed stated under the Government code, and is not subjection to an exception to disclosure.
20. Voting ballots cannot be arranged to permit voting for a political party in one gesture or motion. (Straight party voting was not on the ballot here for the last election.)
21. A voter does not have to vote on all matters and must be permitted to cast their ballot by affirmatively agreeing to not vote on those matters not voted on. (Ensures that someone does not inadvertently miss an item but rather specifically wished to not vote.)
22. Counting devices must track all inputs and activities. Such tracking of inputs and activities must be printed and provided to the Sec of State within 5 days of finalizing counting.
23. Video in the central counting may be provided in counties with less than 100,000 population and must be provided in those larger than. Live stream can be available in the smaller counties but must be in larger counties. The video shall be maintained until the end of calendar year or until any contested election is resolved.
24. Centrally counted optical scan 'ballots'
    1. After 1/1/24 if ballots are centrally counted optical ballots, the storage device for that data, once written, may not be on a modifiable device
    2. (Where I am, they use to have flash drives that you cast onto. These were then read and the flash drive was cleaned and re-used - all during the same voting days. I thought this was a bad idea and mentioned it several times to several individuals. They now have you cast your ballot onto an optical scan ballot, this is then placed into a reader by the person voting, as it is read it drops into a container that is otherwise sealed. I think this was a great solution because it ensures that the only person voting touches the ballot. Made me feel much safer about the count being accurate. It maintains a paper version of all votes as well.)
25. Audits - all new
    1. Paper record either for vote or for voter to verify vote;
    2. If all electronic (no paper for counting just for voter verification) than it must be auditable;
    3. Except for recounts or contests to elections, a fully electronic system's electronic vote is the official record or in paper prints then the paper ballot is the official record;
    4. For recounts in fully electronic than the voting machines are the official record or if paper than the paper ballot is the official record;
    5. Before opening polls the presiding election judge must verify machines are set to 0 for count and print proof of this. After polling closes the election judge shall print the tape showing the number of ballots cast. The election judge must sign the tape.
    6. There are additional verifications that can be conducted to ensure source code for equipment has not been modified.
26. Automatic recount if the number of ballots casts exceeds the number of registered voters in a precinct. (This seems like a great idea. More ballots than registered voters is an automatic flag for issues, and discounts the valid votes.)
27. Commissioners court may not accept donations over $1,000 for use in administering elections without written consent from the Secretary of State.
    1. Secretary of state may grant consent only after consulting with the governor, lt. governor, and speaker of the house of representatives and all of them unanimously agree to grant consent.

Article 4. Enforcement

1. Election official gets officially defined here. They may not include anyone convicted of a felony offense under Section 33.061.
2. Violations of the laws for elections may result in termination of employment and loss of employment benefits.
3. Violations include refusal to accept a watcher.
4. If a contestant alleges fraud by an opponent in an election, they must prove by a preponderance of the evidence that fraud was committed.
   1. If found guilty of fraud then there are civil penalties of $1,000 for each violation.
   2. Attorney's fees may be awarded.
5. The following are added offenses/violations under the code: counts votes or alters a report to include votes known to not be valid; refused to count valid votes or alters a report to exclude valid votes.
6. Paid vote harvesting
   1. direct interaction with one or more voters in connection with their official ballot for voting
   2. it is a violation to offer to provide vote harvesting
   3. it is a violation to offer to pay for vote harvesting
   4. it is a violation to knowingly collect or possess a ballot voted by mail or official carrier envelope from a voter in connection with vote harvesting
   5. violations here are third degree felonies
   6. If found guilty by a preponderance of the evidence, then liable to candidate harmed by vote harvesting for damages and civil penalties
      1. Candidate is harmed if person was candidate for office, liable party committed the offense, and another candidate seeking the same office received votes attributable to the offense regardless of whether the other candidate knew of vote harvesting.
      2. There are listed penalties included should harmed candidate found to be harmed.

Article 5. Repealer and Effective Date.

1. Section 85.062(e) of the Election Code is repealed. Gets rid of polling places being in a movable structure with county clerk approval.
2. Section 127.201(f) of the Election Code is repealed. Removes the Secretary of States ability to waive or reinstate the partial count of electronic voting system ballots by general custodian. Meaning that the general custodian must conduct a manual count of all races in at least 1% of the election precincts or in 3 precincts, whichever is greater.
3. Requires the Secretary of State to have on line tracking for applications for voting by mail only if funds are designated for this, or makes it a may if other funds are available to do so.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.