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A BILL TO BE ENTITLED
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AN ACT
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relating to identification requirements for early voting by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.001(b), Election Code, is amended to |
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read as follows: |
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(b) An application must be in writing and signed by the |
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applicant using ink on paper. An electronic signature or |
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photocopied signature is not permitted. |
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SECTION 2. Section 84.002, Election Code, as effective |
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September 1, 2021, is amended by amending Subsection (a) and adding |
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Subsection (d) to read as follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) the following information: |
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(A) the number of the applicant's driver's |
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license or personal identification card issued by the Department of |
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Public Safety that has not expired or that expired no earlier than |
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four years before the date of application; or |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number; |
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(2) for an application for a ballot to be voted by mail |
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on the ground of absence from the county of residence, the address |
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outside the applicant's county of residence to which the ballot is |
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to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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on the ground of age or disability, the address of the hospital, |
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nursing home or other long-term care facility, or retirement |
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center, or of a person related to the applicant within the second |
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degree by affinity or the third degree by consanguinity, as |
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determined under Chapter 573, Government Code, if the applicant is |
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living at that address and that address is different from the |
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address at which the applicant is registered to vote; |
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(4) for an application for a ballot to be voted by mail |
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on the ground of confinement in jail, the address of the jail or of a |
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person related to the applicant within the degree described by |
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Subdivision (3); |
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(5) for an application for a ballot to be voted by mail |
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on any ground, an indication of each election for which the |
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applicant is applying for a ballot; |
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(6) an indication of the ground of eligibility for |
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early voting; and |
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(7) for an application for a ballot to be voted by mail |
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on the ground of involuntary civil commitment, the address of the |
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facility operated by or under contract with the Texas Civil |
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Commitment Office or of a person related to the applicant within the |
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degree of consanguinity described by Subdivision (3). |
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(d) A person 70 years of age or older may use the number of a |
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driver's license or personal identification card that has expired |
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for the purpose of fulfilling the requirement under Subsection |
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(a)(1-a) if the license or identification is otherwise valid. |
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SECTION 3. Section 84.011(a), Election Code, as effective |
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September 1, 2021, is amended to read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; |
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(3-a) a space for entering the information required |
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under Section 84.002(a)(1-a); and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail or involuntary civil commitment |
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to indicate that the address to which the ballot is to be mailed is |
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the address of a relative described by Section 84.002(a)(4) or (7), |
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if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) a statement informing the applicant of the |
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condition prescribed by Section 81.005; and |
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(I) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c). |
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SECTION 4. Section 86.001, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the information required under Section |
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84.002(a)(1-a) included on the application does not match the |
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information on the applicant's application for voter registration |
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under Section 13.002(c)(8), the clerk shall reject the application. |
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SECTION 5. Section 86.002, Election Code, is amended by |
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adding Subsections (g), (h), and (i) to read as follows: |
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(g) The carrier envelope must include a space that is hidden |
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from view when the envelope is sealed for the voter to enter the |
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following information: |
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(1) the number of the voter's driver's license or |
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personal identification card issued by the Department of Public |
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Safety that has not expired or that expired no earlier than four |
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years before the date of presentation; or |
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(2) if the voter has not been issued a number described |
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by Subdivision (1), the last four digits of the voter's social |
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security number. |
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(h) A person 70 years of age or older may use the number of a |
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driver's license or personal identification card that has expired |
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for purposes of Subsection (g) if the license or identification is |
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otherwise valid. |
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(i) No record associating an individual voter with a ballot |
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may be created. |
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SECTION 6. Section 87.041(b), Election Code, is amended to |
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read as follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) the voter's ballot application states a legal |
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ground for early voting by mail; |
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(4) the voter is registered to vote, if registration |
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is required by law; |
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(5) the address to which the ballot was mailed to the |
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voter, as indicated by the application, was outside the voter's |
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county of residence, if the ground for early voting is absence from |
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the county of residence; |
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(6) for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; [and] |
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(7) the address to which the ballot was mailed to the |
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voter is an address that is otherwise required by Sections 84.002 |
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and 86.003; and |
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(8) the information required under Section 86.002(g) |
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provided by the voter matches the information on the voter's |
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application for voter registration under Section 13.002(c)(8). |
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SECTION 7. The changes in law made by this Act apply only to |
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an application to vote an early voting ballot by mail submitted on |
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or after the effective date of this Act. An application to vote an |
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early voting ballot by mail submitted before the effective date of |
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this Act is governed by the law in effect when the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect December 1, 2021. |