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AN ACT
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relating to an opportunity to correct certain defects in an early |
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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 86.011, Election Code, is amended by |
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amending Subsection (d) and adding Subsections (e), (f), (g), (h), |
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(i), (j), and (k) to read as follows: |
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(d) Notwithstanding any other provisions of this code, if |
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the clerk receives a timely carrier envelope that does not fully |
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comply with the applicable requirements prescribed by this title, |
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the clerk, not later than the second day after the clerk discovers |
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the defect and before the time of delivery under Subchapter B, |
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Chapter 87, shall send [may deliver the carrier envelope in person |
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or by mail to] the voter a notice of the defect and a corrective |
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action form developed by the secretary of state under Subsection |
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(g) by mail or by common or contract carrier. |
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(e) The early voting clerk shall include with the notice |
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delivered to the voter under Subsection (d): |
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(1) a brief explanation of each defect in the |
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noncomplying ballot; and |
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(2) a notice that the voter may: |
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(A) [and may receive, before the deadline, the |
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corrected carrier envelope from the voter, or the clerk may notify |
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the voter of the defect by telephone and advise the voter that the |
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voter may come to the clerk's office in person to correct the defect |
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or] cancel the voter's application to vote by mail in the manner |
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described by Section 84.032; or |
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(B) correct the defect in the voter's ballot by: |
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(i) submitting a corrective action form |
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developed and made available by the secretary of state under |
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Subsection (g) by mail or by common or contract carrier; or |
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(ii) coming to the early voting clerk's |
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office not later than the sixth day after election day [and vote on |
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election day]. |
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(f) If the early voting clerk determines that it would not |
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be possible for the voter to receive the notice of defect within a |
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reasonable time to correct the defect, the clerk may notify the |
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voter of the defect by telephone or e-mail and inform the voter that |
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the voter may request to have the voter's application to vote by |
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mail canceled in the manner described by Section 84.032, submit a |
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corrective action form developed by the secretary of state under |
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Subsection (g) by mail or by common or contract carrier, or come to |
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the early voting clerk's office in person not later than the sixth |
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day after election day to correct the defect. |
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(g) The secretary of state shall develop a corrective action |
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form that may be completed and submitted to an early voting clerk |
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under this section to correct a defect. |
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(h) If the early voting clerk takes an action described by |
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Subsection (d), the clerk must take either action described by that |
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subsection with respect to each ballot in the election to which this |
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section applies [procedures authorized by this subsection are used, |
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they must be applied uniformly to all carrier envelopes covered by |
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this subsection]. |
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(i) A poll watcher is entitled to observe an action taken |
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under Subsection (d) or (f) [the procedures under this subsection]. |
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(j) The early voting clerk shall: |
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(1) in addition to sending the voter notice of the |
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defect under Subsection (d) or notifying the voter of the defect by |
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telephone or e-mail under Subsection (f), notify the voter of a |
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defect discovered under this section using the online tool |
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described by Section 86.015; and |
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(2) if possible, permit the voter to correct a defect |
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using the online tool described by Section 86.015. |
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(k) The secretary of state may prescribe any [other] |
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procedures necessary to implement this section [subsection |
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including requirements for posting notice of any deliveries]. |
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SECTION 2. Section 86.015(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state shall develop or otherwise |
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provide an online tool to each early voting clerk on the secretary's |
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Internet website and on the county's Internet website if the early |
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voting clerk is the county clerk of a county that maintains an |
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Internet website that enables a person who submits an application |
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for a ballot to be voted by mail to: |
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(1) track the location and status of the person's |
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application and ballot; and |
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(2) receive notice of and, if possible, correct a |
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defect in the person's application and ballot under Sections |
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86.008(c-1), 86.011(j), 87.0271(e-1), and 87.0411(e-1). |
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SECTION 3. The changes in law made by this Act apply only to |
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an election held on or after the effective date of this Act. An |
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election held before the effective date of this Act is governed by |
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the law in effect when the election was held, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2964 passed the Senate on |
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April 24, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2964 passed the House on |
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May 5, 2025, by the following vote: Yeas 111, Nays 24, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |