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.