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A BILL TO BE ENTITLED
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AN ACT
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relating to an early voting ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.032(c), Election Code, is amended to |
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read as follows: |
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(c) An applicant may submit a request after the close of |
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early voting by personal appearance by appearing in person and: |
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(1) returning the ballot to be voted by mail to the |
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early voting clerk; or |
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(2) executing an affidavit that the applicant: |
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(A) has not received the ballot to be voted by |
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mail; [or] |
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(B) never requested a ballot to be voted by mail; |
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or |
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(C) received notice of a defect under Section |
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87.0271(b) or 87.0411(b). |
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SECTION 2. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early |
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voting ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Not later than the second business day after discovering |
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a defect described by Subsection (a) and before deciding whether to |
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accept or reject a timely delivered ballot under Section 87.027, |
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the signature verification committee shall: |
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(1) return the carrier envelope to the voter by mail, |
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if the signature verification committee determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may request to have the |
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voter's application to vote by mail canceled in the manner |
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described by Section 84.032 or come to the early voting clerk's |
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office in person not later than the sixth day after election day to |
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correct the defect. |
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(c) If the signature verification committee takes an action |
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described by Subsection (b), the committee must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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(f) Notwithstanding any other law, a ballot may not be |
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finally rejected for a reason listed in Section 87.041(b)(1), (2), |
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or (6) before the seventh day after election day. |
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SECTION 3. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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BALLOT BOARD. (a) This section applies to an early voting ballot |
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voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Not later than the second business day after discovering |
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a defect described by Subsection (a) and before deciding whether to |
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accept or reject a timely delivered ballot under Section 87.041, |
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the early voting ballot board shall: |
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(1) return the carrier envelope to the voter by mail, |
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if the early voting ballot board determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may request to have the |
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voter's application to vote by mail canceled in the manner |
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described by Section 84.032 or come to the early voting clerk's |
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office in person not later than the sixth day after election day to |
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correct the defect. |
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(c) If the early voting ballot board takes an action |
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described by Subsection (b), the board must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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(f) Notwithstanding any other law, a ballot may not be |
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finally rejected for a reason listed in Section 87.041(b)(1), (2), |
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or (6) before the seventh day after election day. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |