By Danburg H.B. No. 1581
74R5732 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting procedures; providing criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 82.002, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 82.002. DISABILITY. (a) A qualified voter is eligible
1-8 for early voting by mail if the voter has a sickness or physical
1-9 condition that prevents the voter from appearing at the polling
1-10 place on election day and during the period for early voting by
1-11 personal appearance without a likelihood of needing personal
1-12 assistance or of injuring the voter's <his> health.
1-13 (b) Expected or likely confinement for childbirth on
1-14 election day or during the period for personal appearance voting is
1-15 sufficient cause to entitle a voter to vote under Subsection (a).
1-16 SECTION 2. Section 84.001(c), Election Code, is amended to
1-17 read as follows:
1-18 (c) An applicant must <is not required to> use an officially
1-19 prescribed <official> application form obtained from the early
1-20 voting clerk on request of the applicant.
1-21 SECTION 3. Section 84.002(a), Election Code, is amended to
1-22 read as follows:
1-23 (a) An early voting ballot application must include:
1-24 (1) the applicant's name and the address at which the
2-1 applicant is registered to vote;
2-2 (2) for an application for a ballot to be voted by
2-3 mail on the ground of absence from the county of residence or
2-4 confinement in jail, the address to which the ballot is to be
2-5 mailed;
2-6 (3) for an application for a ballot to be voted by
2-7 mail on any ground, <and> an indication of each election for which
2-8 the voter is applying for a ballot; and
2-9 (4) <(3)> an indication of the ground of eligibility
2-10 for early voting.
2-11 SECTION 4. Section 84.007(b), Election Code, is amended to
2-12 read as follows:
2-13 (b) An application must be submitted to the early voting
2-14 clerk by<:>
2-15 <(1)> mail, except that it may be submitted by<;>
2-16 <(2)> common or contract carrier<; or>
2-17 <(3) telephonic facsimile machine,> if the applicant
2-18 is absent from the county <and if a machine is available in the
2-19 clerk's office>.
2-20 SECTION 5. Section 84.011, Election Code, is amended by
2-21 amending Subsection (a) and adding Subsection (c) to read as
2-22 follows:
2-23 (a) The officially prescribed application form for an early
2-24 voting ballot must include:
2-25 (1) immediately preceding the signature space the
2-26 statement: "I certify that the information given in this
2-27 application is true, and I understand that giving false information
3-1 in this application is a crime.";
3-2 (2) a statement informing the applicant <voters> of
3-3 the offense prescribed by Section 84.004;
3-4 (3) spaces for entering an applicant's voter
3-5 registration number and county election precinct of registration,
3-6 with a statement informing the applicant that failure to furnish
3-7 that information does not invalidate the application; and
3-8 (4) on an application for a ballot to be voted by
3-9 mail:
3-10 (A) a space for an applicant applying on the
3-11 ground of absence from the county of residence to indicate the date
3-12 on or after which the applicant can receive mail at the address
3-13 outside the county;
3-14 (B) a space for indicating the fact that an
3-15 applicant whose application is signed by a witness cannot make his
3-16 mark and a space for indicating the relationship or the lack of
3-17 relationship of the witness to the applicant; <and>
3-18 (C) a space for entering an applicant's
3-19 telephone number, with a statement informing the applicant that
3-20 failure to furnish that information does not invalidate the
3-21 application;
3-22 (D) a statement informing the applicant of the
3-23 requirement prescribed by Section 84.001(c);
3-24 (E) a statement informing the applicant of the
3-25 offense prescribed by Section 84.013;
3-26 (F) a statement informing the applicant of the
3-27 requirement prescribed by Section 86.003(c); and
4-1 (G) a statement informing the applicant of the
4-2 limitation prescribed by Section 86.0031.
4-3 (c) Each application form for a ballot to be voted by mail
4-4 must be printed or marked with a number, code, or other notation,
4-5 as approved by the secretary of state, that identifies the form as
4-6 having been provided by the particular early voting clerk.
4-7 SECTION 6. Section 84.012, Election Code, is amended to read
4-8 as follows:
4-9 Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
4-10 early voting clerk shall mail without charge an appropriate
4-11 official application form for an early voting ballot to each
4-12 applicant <person> requesting the clerk to send the applicant <him>
4-13 an application form.
4-14 SECTION 7. Section 84.013, Election Code, is amended to read
4-15 as follows:
4-16 Sec. 84.013. DISTRIBUTION OR COLLECTION BY CAMPAIGN WORKER
4-17 PROHIBITED. (a) A campaign worker commits an offense if the
4-18 person:
4-19 (1) requests for or distributes to a voter an
4-20 application form for an early voting ballot to be voted by mail; or
4-21 (2) collects or receives a voter's application for a
4-22 ballot to be voted by mail.
4-23 (b) In this section, "campaign worker" means a person who is
4-24 employed by or volunteers for:
4-25 (1) an election campaign;
4-26 (2) a political party to promote the candidates or
4-27 interests of the party; or
5-1 (3) a political action committee or other political
5-2 organization to promote the candidates or interests of the
5-3 committee or organization.
5-4 (c) A violation of this section does not affect the validity
5-5 of an application involved in the offense.
5-6 (d) Each application form that is requested or distributed
5-7 or application that is collected or received in violation of this
5-8 section constitutes a separate offense.
5-9 (e) An offense under this section is a Class B misdemeanor.
5-10 <APPLICATION FORMS FURNISHED BY SECRETARY OF STATE. The secretary
5-11 of state shall maintain a supply of the official application forms
5-12 for ballots to be voted by mail and shall furnish the forms in
5-13 reasonable quantities without charge to individuals or
5-14 organizations requesting them for distribution to voters.>
5-15 SECTION 8. Chapter 86, Election Code, is amended by amending
5-16 Sections 86.003 and 86.006 and adding Sections 86.0031 and 86.0061
5-17 to read as follows:
5-18 Sec. 86.003. Method of Providing Ballot to Voter: Required
5-19 Address. (a) The balloting materials for voting by mail shall be
5-20 provided to the voter by mail. A ballot provided by any other
5-21 method may not be counted.
5-22 (b) Subject to Subsection (c), the balloting materials shall
5-23 be addressed to the applicable <mailing> address specified in the
5-24 voter's application. <If no mailing address is specified, the
5-25 materials shall be mailed to the voter's residence address unless a
5-26 different address is required by Subsection (c).> The election
5-27 officer providing the ballot may not knowingly mail the materials
6-1 to an address other than that prescribed by this section.
6-2 (c) The <mailing> address to which the balloting materials
6-3 must be addressed is the address at which the voter is registered
6-4 to vote <the voter's residence or temporary living quarters>
6-5 unless:
6-6 (1) the ground for voting by mail is absence from the
6-7 county of residence, in which case the address must be an address
6-8 outside the voter's county of residence; or
6-9 (2) the ground for voting by mail is confinement in
6-10 jail, in which case the address must be the jail.
6-11 (d) If the applicable <mailing> address specified in a
6-12 voter's application is an address other than that prescribed by
6-13 Subsection (c), the voter's application shall be rejected in
6-14 accordance with Section 86.001(c) <ballot may not be counted>.
6-15 Sec. 86.0031. LIMITATION ON BALLOTS MAILED TO ONE ADDRESS.
6-16 (a) The early voting clerk may not mail more than one set of
6-17 balloting materials for voting by mail for each registered voter at
6-18 any one address.
6-19 (b) Each application for which a ballot may not be mailed
6-20 under this section shall be rejected in accordance with Section
6-21 86.001(c).
6-22 Sec. 86.006. Method of Returning Marked Ballot. (a) A
6-23 marked ballot voted under this chapter must be returned to the
6-24 early voting clerk in the official carrier envelope. The carrier
6-25 envelope may be delivered in another envelope and must be delivered
6-26 by mail, except that it may be delivered <or> by common or contract
6-27 carrier if the voter is absent from the county.
7-1 (b) Except as provided by Subsection (c), a carrier envelope
7-2 may not be returned in an envelope or package containing another
7-3 carrier envelope.
7-4 (c) The carrier envelopes of spouses or parents and children
7-5 who are registered to vote at the same address may be returned in
7-6 the same envelope or package.
7-7 (d) Each carrier envelope that is delivered by a common or
7-8 contract carrier must be accompanied by an individual delivery
7-9 receipt for that particular carrier envelope that indicates that
7-10 payment for its delivery was made by the voter. Carrier envelopes
7-11 covered by Subsection (c) may be accompanied by a single delivery
7-12 receipt indicating that payment for their delivery was made by one
7-13 of those voters.
7-14 (e) <(d)> A ballot returned in violation of this section may
7-15 not be counted. If the early voting clerk determines that the
7-16 ballot was returned in violation of this section, the clerk shall
7-17 make a notation on the carrier envelope and treat it as a ballot
7-18 not timely returned in accordance with Section 86.011(c).
7-19 Sec. 86.0061. COLLECTION BY CAMPAIGN WORKER PROHIBITED. (a)
7-20 A campaign worker commits an offense if the person collects or
7-21 receives a voter's marked ballot voted under this chapter.
7-22 (b) In this section, "campaign worker" has the meaning
7-23 assigned by Section 84.013.
7-24 (c) A marked ballot that is collected or received in
7-25 violation of this section may not be counted.
7-26 (d) Each marked ballot that is collected or received in
7-27 violation of this section constitutes a separate offense.
8-1 (e) An offense under this section is a Class B misdemeanor.
8-2 SECTION 9. Section 86.013(d), Election Code, is amended to
8-3 read as follows:
8-4 (d) The following textual material, as <prohibition
8-5 prescribed by Section 86.006(b), in wording> prescribed by the
8-6 secretary of state, must be printed on the reverse side of the
8-7 official carrier envelope:
8-8 (1) the prohibition prescribed by Section 86.006(b);
8-9 (2) the conditions for delivery by common or contract
8-10 carrier prescribed by Section 86.006; and
8-11 (3) the offense prescribed by Section 86.0061.
8-12 SECTION 10. Sections 87.027(i) and (j), Election Code, are
8-13 amended to read as follows:
8-14 (i) The signature verification committee shall compare the
8-15 signature on each carrier envelope certificate, except those signed
8-16 for a voter by a witness, and <with> the signature on the voter's
8-17 ballot application with the signature on the voter's registration
8-18 application to determine whether the signatures are those of the
8-19 same person. The committee shall place the jacket envelopes,
8-20 carrier envelopes, and applications of voters whose signatures do
8-21 not match in separate containers from those of voters whose
8-22 signatures match. The committee chairman shall deliver the sorted
8-23 materials to the early voting ballot board at the time specified by
8-24 the board's presiding judge but within the period permitted for the
8-25 early voting clerk's delivery of early voting ballots to the board.
8-26 (j) If a signature verification committee is appointed, the
8-27 early voting ballot board shall follow the same procedure for
9-1 accepting the early voting ballots voted by mail as in an election
9-2 without a signature verification committee, except that the board
9-3 may not determine whether a voter's signatures on the carrier
9-4 envelope certificate, <and> ballot application, and registration
9-5 application match if the committee has determined that the
9-6 signatures match.
9-7 SECTION 11. Section 87.041(b), Election Code, is amended to
9-8 read as follows:
9-9 (b) A ballot may be accepted only if:
9-10 (1) the carrier envelope certificate is properly
9-11 executed;
9-12 (2) neither the voter's signature on the ballot
9-13 application nor the signature on the carrier envelope certificate
9-14 is determined to have been executed by a person other than the
9-15 voter, unless signed by a witness after comparison of the
9-16 signatures with the signature on the voter's registration
9-17 application;
9-18 (3) the voter's ballot application states a legal
9-19 ground for early voting by mail;
9-20 (4) the voter is registered to vote, if registration
9-21 is required by law; and
9-22 (5) the address to which the ballot was mailed to the
9-23 voter, as indicated by his application, was outside the voter's
9-24 county of residence, if the ground for early voting is absence from
9-25 the county of residence.
9-26 SECTION 12. This Act takes effect September 1, 1995.
9-27 SECTION 13. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended.