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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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PaxtonX |
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BettencourtX |
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BirdwellX |
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LaMantiaX |
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MenéndezX |
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MiddletonX |
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ParkerX |
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PerryX |
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SchwertnerX |
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ZaffiriniX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an accessible absentee mail system by certain |
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voters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Election Code, is amended by adding |
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Sections 81.006 and 81.007 to read as follows: |
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Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A |
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person eligible for early voting by mail under Section 82.002 may |
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receive and cast a ballot using an accessible absentee mail system |
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approved by the secretary of state under Section 81.007. |
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(b) An accessible absentee mail system must be an electronic |
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system, including software, used for the sole purpose of enabling a |
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voter who has a disability and needs assistive technology for |
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marking or reading the ballot, to mark the voter's ballot and print |
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and submit the ballot in the manner required by Chapter 86 for a |
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ballot marked by the voter. |
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(c) The secretary of state shall adopt rules and prescribe |
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procedures for the implementation of this section. |
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Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS. |
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(a) An accessible absentee ballot system described by Section |
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81.006 may not be used in an election unless the system is approved |
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by the secretary of state in accordance with this section. |
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(b) The secretary of state shall adopt standards for the |
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approval of an accessible absentee ballot system. At a minimum, the |
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standards adopted shall require an accessible absentee ballot |
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system to: |
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(1) preserve the secrecy of the ballot; |
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(2) authenticate the voter prior to delivery of a |
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ballot using: |
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(A) all information required under Sections |
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84.002(a)(1) and (1-a); and |
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(B) any other information the secretary of state |
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determines to be necessary for the positive identification of the |
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person accessing the ballot as the voter; |
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(3) operate safely, efficiently, and accurately; |
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(4) be equipped with security measures necessary to |
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prevent fraudulent or unauthorized manipulation; |
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(5) secure the screen and audio output of the device on |
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which the ballot is displayed during voting so that, other than the |
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voter's own notes, political advertising or a campaign |
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communication, as those terms are defined by Section 251.001, is |
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not displayed or audibly available to the voter while the ballot is |
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being marked; |
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(6) securely print the voter's marked ballot with a |
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unique serial number and transmit the ballot to the early voting |
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clerk without information identifying the voter; |
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(7) use a method of verification that a ballot was |
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issued to an eligible voter; |
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(8) require the voter, prior to accessing the ballot, |
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to swear or affirm that the voter is the person to whom the ballot is |
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issued, and affirmatively indicate the statement, "I have a |
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sickness or physical condition that prevents me from appearing at |
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the polling place on election day without a likelihood of needing |
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personal assistance or injuring my health," as prescribed by |
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Section 82.002(a), is true and correct; |
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(9) require the voter, after printing the voted |
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ballot, to: |
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(A) place the voted ballot in the official ballot |
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envelope and seal the ballot envelope; |
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(B) place the ballot envelope in the official |
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carrier envelope and seal the carrier envelope; and |
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(C) sign the certificate on the sealed carrier |
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envelope; |
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(10) prevent any image or record of a voter's ballot |
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choices, other than the original ballot printed, from being saved, |
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printed, transmitted, or stored on the voter's device; |
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(11) be incapable of transmitting voted ballot images |
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or records via the Internet; and |
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(12) be capable of providing records, including |
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Internet protocol addresses of the devices displaying a voter's |
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ballot, from which the operation of the accessible absentee ballot |
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system may be audited. |
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(c) For the purposes of Subsection (b)(9)(A), a voter's |
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failure to use the official ballot envelope does not affect the |
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validity of the ballot and the voter must complete the official |
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carrier envelope as provided by Section 86.006. |
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(d) The secretary of state by rule may prescribe additional |
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standards for accessible absentee ballot systems consistent with |
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this title. The standards adopted under this subsection may apply |
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to: |
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(1) particular kinds of accessible absentee ballot |
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systems; |
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(2) particular elements comprising an accessible |
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absentee ballot system, including operation procedures; or |
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(3) accessible absentee ballot systems generally. |
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(e) The secretary of state by rule shall prescribe and |
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implement, to the extent applicable: |
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(1) a certification process for approval of an |
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accessible absentee ballot system using the process prescribed by |
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Subchapter B, Chapter 122; |
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(2) a process for approval of modification in design |
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of approved systems prescribed by Subchapter C, Chapter 122; and |
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(3) a process for reexamination of approved systems |
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prescribed by Subchapter D, Chapter 122. |
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SECTION 2. Section 86.002, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The early voting clerk shall provide to a voter using |
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an accessible absentee ballot system under Section 81.006: |
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(1) the balloting materials required under this |
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section; and |
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(2) instructions prescribed by the secretary of state |
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for accessing the accessible absentee ballot system. |
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SECTION 3. Section 86.003(a), Election Code, is amended to |
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read as follows: |
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(a) The balloting materials for voting by mail shall be |
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provided to the voter by mail. Except for a ballot voted under |
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Section 81.006, a [A] ballot provided by any other method may not be |
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counted. |
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SECTION 4. Section 86.009, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The secretary of state by rule shall modify the |
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procedures required under this section if an accessible absentee |
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ballot system is used to deliver a ballot to a voter. |
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SECTION 5. This Act takes effect September 1, 2023. |
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* * * * * |