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A BILL TO BE ENTITLED
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AN ACT
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relating to unsolicited provision of an application form for a |
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ballot to be voted by mail and to procedures for verification of a |
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ballot voted by mail; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0111 to read as follows: |
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Sec. 84.0111. UNSOLICITED PROVISION OF OFFICIAL |
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APPLICATION FORM. (a) A person commits an offense if the person |
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mails or otherwise provides an application form for an early voting |
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ballot to a person who did not solicit the form. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Section 86.002, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The clerk shall include with the balloting materials a |
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card containing a space for the voter to: |
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(1) place the voter's right thumbprint; and |
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(2) sign the card. |
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SECTION 3. Section 86.005(c), Election Code, is amended to |
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read as follows: |
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(c) After marking the ballot, the voter must place it in the |
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official ballot envelope and then seal the ballot envelope, place |
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the ballot envelope and the completed card described by Section |
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86.002(g) in the official carrier envelope and then seal the |
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carrier envelope, and sign the certificate on the carrier envelope. |
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SECTION 4. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.028 to read as follows: |
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Sec. 87.028. THUMBPRINT VERIFICATION. The secretary of |
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state shall adopt rules to facilitate the procurement of the right |
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thumbprint of as many registered voters as possible by entering |
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into agreements with the Department of Public Safety and any other |
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state agency the secretary of state deems appropriate. A state |
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agency shall cooperate with the secretary of state in fulfilling |
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its duties under this section. |
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SECTION 5. Sections 87.041(b) and (e), Election Code, are |
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amended to 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 and [nor] the signature on the carrier envelope |
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certificate are [is] determined to be those of [have been executed |
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by a person other than] the 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 voter returned the completed card described by |
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Section 86.002(g) in the carrier envelope. |
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(e) In making the determination under Subsection (b)(2), |
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the board may also: |
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(1) compare the signatures with any two or more |
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signatures of the voter made within the preceding six years and on |
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file with the county clerk or voter registrar to determine whether |
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the signatures are those of the voter; and |
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(2) open the carrier envelope and use the card |
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described by Section 86.002(g) to assist in the determination. |
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SECTION 6. This Act takes effect September 1, 2021. |