By Hirschi H.B. No. 2688
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 84.007(b)(3), Election Code, is amended
1-5 to read as follows:
1-6 (3) telephone facsimile machine, if the applicant is
1-7 located outside of the county, and if a machine is available in the
1-8 clerk's office.
1-9 SECTION 2. Subchapter A, Chapter 84, Election Code, is
1-10 amended by adding section 84.0091 to read as follows:
1-11 Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
1-12 MAIL: PHYSICAL DISABILITY. If the ground of application is
1-13 physical disability, the application for early ballot must be
1-14 accompanied by a certificate of a licensed physician or
1-15 chiropractor or accredited Christian Science practitioner in
1-16 substantially the following form: "This is to certify that I know
1-17 that _________________ has a sickness or physical condition that
1-18 will prevent him or her from appearing during early voting or at a
1-19 polling place for an election to be held on the _____ day of
1-20 __________, 19___ without a likelihood of needing personal
1-21 assistance or of injuring his health.
1-22 Witness my hand at __________, Texas, this ___ day
1-23 of __________, 19___.
2-1 ___________________________________________________________________
2-2 (Signature of physician,
2-3 chiropractor, or practitioner)"
2-4 SECTION 3. Section 84.032, Election Code, is amended by
2-5 adding Subsection (d) to read as follows:
2-6 (d) On election day, an applicant may submit a request for
2-7 cancellation to the election judge at the applicant's precinct
2-8 polling place by appearing in person at applicant's polling place
2-9 and returning the ballot to be voted by mail to the election judge.
2-10 The election judge shall mark "canceled" on the ballot and place it
2-11 in an envelope for canceled ballots, which must be stored in ballot
2-12 box 4.
2-13 SECTION 4. Section 66.026, Election Code, is amended to add
2-14 new subsection (5) and renumbering the subsequent subsection to
2-15 read as follows:
2-16 (4) any defectively printed ballots; <and>
2-17 (5) any canceled ballots; and
2-18 (6) any other unused ballots.
2-19 SECTION 5. Section 86.010, Election Code, is amended by
2-20 adding a new Subsection (c) and by relettering the subsequent
2-21 subsection to read as follows:
2-22 (c) In any single election, it is unlawful for a person to
2-23 assist in preparing the early ballot by mail of more than five
2-24 voters. A violation of this subsection is a Class A misdemeanor.
2-25 A person commits a separate offense for each voter assisted in
3-1 violation of this section.
3-2 (d) <(c)> If a voter is assisted in violation of this
3-3 section, the voter's ballot may not be counted.
3-4 SECTION 6. Section 88.004(a), Election Code, is amended to
3-5 read as follows:
3-6 (a) If as a result of a challenge under this chapter a
3-7 ballot is not accepted, the presiding judge of the early voting
3-8 ballot board <early voting clerk> shall deliver written notice of
3-9 the result of the challenge including the reason for the result, to
3-10 the challenged voter no later than the deadline prescribed by
3-11 Section 87.0431.
3-12 SECTION 7. This Act takes effect September 1, 1993.
3-13 SECTION 8. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.