Many Texas state lawmakers have spent the last couple of months pre-filing and refiling bills ahead of the state’s 88th regular legislative session, which convened on Tuesday. More than 70 pre-filed bills are related to voting and election laws.
Republicans aim to pass legislation to create county-level forensic audit processes, appoint election marshals, record ballot counting, enforce election laws, and increase the penalties for illegal voting. At the same time, Democrat voting and election proposals are mostly related to developing electronic voter registration, expanding the forms of acceptable voter identification, registering voters at polling sites, and qualifying and registering convicted felons, among others.
Republicans Aim to Pass Legislation Protecting Voter Rights
Concerns for “voter irregularities” in Harris County prompted two Republicans, state Sen. Paul Bettencourt and state Rep. Valoree Swanson, to file companion bills, SB 220 (
pdf) and HB 549 (
pdf), respectively, in November. Bettencourt and Swanson represent districts that encompass portions of Houston in Harris County.
Last month, the Secretary of State’s office released its forensic audit of the 2020 general election that showed “very serious issues” in Harris County,
The Epoch Times previously reported.
Harris County has faced years of scrutiny regarding allegations of election improprieties, including during the recent November midterm elections, where nearly two dozen polling places reportedly ran out of paper ballots, and polling places opened late, among other voter complaints.
Bettencourt and Swanson’s bills would allow the secretary of state to appoint a chief election marshal who would select one regional marshal per 1 million voters from the Texas Department of Public Safety to investigate potential violations.
“What happened in the November 8th election in Harris County is absolutely abominable and can NEVER happen again! Which is why I will continue to champion voter integrity bills like Senate Bill 220,” Bettencourt said in a joint press release.
The bills would also provide emergency judges to promptly oversee alleged violations during early voting and election day.
Swanson also pre-filed HB 246 (
pdf) to establish a pilot program for recording ballot counting. The legislation would call on the secretary of state to select six counties of various populations to participate in the program.
Bettencourt and Swanson’s offices did not respond to requests for comment.
Audit Systems, Increasing Penalties for Illegal Voting
Republican state Rep. Steve Toth refiled legislation to create a forensic audit system at the county level to address election discrepancies. Toth represents South Montgomery County, adjacent to Harris County.Toth, who filed HB 589 (
pdf) about a week after the 2022 midterms, said it was because of the issues some voters in the state’s largest county experienced on election day.
“Clearly Harris County’s leaders have failed their citizens. That’s why I have filed HB 589 to create an audit process for our elections and restore trust in our electoral system,” Toth said in a press release.
State Rep. Andrew Murr, a Republican, pre-filed HB 39 (
pdf), which would increase the penalty for election fraud from a Class A misdemeanor to a state jail felony.
Murr’s office did not respond to a request for comment.
Republican state Reps. David Spiller, Bryan Slaton, Craig Goldman, and Bryan Hughes pre-filed similar bills. House bills 52 (
pdf), 222 (
pdf), 397 (
pdf), and SB 166 (
pdf) would increase the penalty for illegal voting from a Class A misdemeanor to a felony.
Slaton also wrote HB 239 (
pdf), a bill requiring party affiliation to vote in that party’s primary. Voting or attempting to vote in the other party’s primary would be a felony offense.
In another bill authored by Slaton, HB 125 (
pdf) would allow the state attorney general to issue civil penalties of up to $25,000 against local prosecutors who fail to enforce election laws. It would also allow the attorney general to remove prosecutors who do not enforce and prosecute violations.
Pre-filed bill HB 678 (
pdf), authored by Rep. Keith Bell, would shift election authority from the secretary of state to the state attorney general. The attorney general would be allowed to appoint a special prosecutor to indict criminal violations.
The local district attorney holds much authority under current state election laws.
Democrats Push Bills Expanding Voter Access
Some Democrats want to increase voter access with new methods for registering voters, additional forms of acceptable identification, and restoring voting rights to convicted criminals.State Rep. John Bucy, a Democrat, pre-filed more than a dozen bills related to election and voting laws. His district covers part of Williamson County north of Austin.
Expanding methods for voter registration is another topic of interest.
In HB 675 (
pdf), a person can access and submit voter registration applications through the state’s official website. Current law requires new applicants to complete a registration form, available online, to be submitted in person or by mail to the voter’s county election office.
Bucy also pre-filed another bill related to voter registration. HB 281 (
pdf) would require the county registrar to appoint one election officer to serve as a registrar at in-person polling places during early voting and on election day. Eligible persons would be allowed to register and vote on the same day. State Rep. Terry Meza, and state Sens. Nathan Johnson and José Menéndez filed similar bills. (HB 488)
Another bill, HB 365 (
pdf), would allow voters to receive absentee ballots through email. Currently, absentee ballots are mailed to voters who are absent from their county of residence.
Bucy and Johnson did not respond to a request for comment.
Bills relating to voter identification are also on some Democrats’ lists.
Bucy wants to expand the acceptable forms of photo identification for voting with HB 354 (
pdf). It would allow voters to use an official Native American ID, a college or university ID, or an identification card issued by a Texas state agency.
State Rep. Erin Zwiener pre-filed a similar bill (
pdf) expanding the acceptable forms of photo identification to include a voter’s college or university ID.
A voter ID bill (
pdf) filed by state Rep. Ron Reynolds would require election workers to receive training and guidance for acceptable identification for those who identify as transgender. This bill states that a person will not be disqualified from voting if their gender expression doesn’t match the gender marked on their identification.
Restoring Voter Rights to Convicted Felons
Several pre-bills are related to passing legislation that restores voting rights to convicted felons.
State Rep. Senfronia Thompson of Harris County pre-filed HB 355 (
pdf) to reduce the qualifications required for restoring voting privileges to convicted felons. Her bill would allow those convicted of a felony to vote once released from prison. Under current law, a person convicted of a felony must be fully discharged from prison, parole, probation, or pardoned.
State Sen. Sarah Eckhart filed an identical bill (
pdf) in the Senate. She is a senator for Travis and Bastrop Counties. And Harris County Rep. Harold Dutton pre-filed a similar bill HB 945 (
pdf).
Another bill authored by Dutton, HB 944 (
pdf), would require county jails with a population of 3.3 million or more to serve as a polling place for residents in custody. It would also allow persons to register to vote while in custody.
Other bills include reducing the age requirement for voter pre-registration.
Johnson pre-filed SB 94 (
pdf), which would change the pre-registration age from 17 years and 10 months to 17 years. A similar bill, HB 704 (
pdf), authored by state Rep. Jessica González would modify the pre-registration age to 17 years and six months.
Texas Democrats will have a tough time passing party legislation in the Republican House and Senate. The regular session runs through May 29.
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