By Danburg, Ehrhardt, Jones of Dallas, Denny, Madden  H.B. No. 2239
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain early voting processes and procedures;
    1-3  providing criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 81, Election Code, is amended by adding
    1-6  Section 81.005 to read as follows:
    1-7        Sec. 81.005.  COMMON OR CONTRACT CARRIER.  A common or
    1-8  contract carrier may not be used to perform an act in accordance
    1-9  with this title unless the carrier has been in continuous, active
   1-10  business as a carrier for the six months preceding the date of
   1-11  performance of the act.
   1-12        SECTION 2.  Chapter 83, Election Code, is amended by adding
   1-13  Subchapter D to read as follows:
   1-14        SUBCHAPTER D.  VOLUNTEER DEPUTY EARLY VOTING ASSISTANTS
   1-15        Sec. 83.071.  APPOINTMENT; TERM.  (a)  To maximize the
   1-16  efficient conduct of early voting by mail, the early voting clerk
   1-17  shall appoint as deputy early voting assistants persons who
   1-18  volunteer to serve.
   1-19        (b)  In this code, "volunteer deputy early voting assistant"
   1-20  means a deputy early voting assistant appointed under this section.
   1-21        (c)  Volunteer deputy early voting assistants serve for terms
   1-22  expiring December 31 of even-numbered years.
   1-23        Sec. 83.072.  PROHIBITION ON REFUSING TO APPOINT.  An early
   1-24  voting clerk may not refuse to appoint as a volunteer deputy early
    2-1  voting assistant a person who complies with Section 83.073.
    2-2        Sec. 83.073.  REQUEST FOR APPOINTMENT.  (a)  A person
    2-3  desiring to serve as a volunteer deputy early voting assistant must
    2-4  request appointment by the early voting clerk in person, by
    2-5  telephone, by telephonic facsimile machine, or by mail.
    2-6        (b)  The early voting clerk shall mail the person a form for
    2-7  requesting appointment, including an appropriate oath, and a set of
    2-8  the rules applicable to the powers and duties of volunteer deputy
    2-9  early voting assistants.
   2-10        (c)  To be appointed, the person must be a registered voter
   2-11  and must deliver in person to the early voting clerk or a
   2-12  designated deputy early voting clerk the signed and completed oath
   2-13  and request form, including the person's name, residence address,
   2-14  telephone number, voter registration number and affirmation of an
   2-15  understanding of the rules and intention to comply with them.
   2-16        Sec. 83.074.  CERTIFICATE OF APPOINTMENT.  (a)  If a person
   2-17  is to be appointed, the early voting clerk shall prepare a
   2-18  certificate of appointment in duplicate containing:
   2-19              (1)  the date of appointment;
   2-20              (2)  the statement:  "I, __________, Early Voting Clerk
   2-21  for (name of political subdivision), do   hereby   appoint
   2-22  __________ as a volunteer deputy   early   voting   assistant   for
   2-23  (name of political subdivision).";
   2-24              (3)  the person's residence address;
   2-25              (4)  the person's voter registration number;
   2-26              (5)  a statement that the term of the appointment
   2-27  expires December 31 of an even-numbered year; and
    3-1              (6)  the person's identification number as a volunteer
    3-2  deputy early voting assistant.
    3-3        (b)  The early voting clerk shall sign the certificate and
    3-4  issue the original to the appointee, who shall sign it on receipt.
    3-5        (c)  A volunteer deputy early voting assistant  shall present
    3-6  the certificate as identification to an early voting applicant or
    3-7  voter when collecting or receiving an application or carrier
    3-8  envelope.
    3-9        Sec. 83.075.  ACTIVE APPOINTMENT FILE.  The early voting
   3-10  clerk shall maintain a file containing the duplicate certificates
   3-11  of appointment of the volunteer deputy early voting assistants
   3-12  whose appointments are effective.
   3-13        Sec. 83.076.  TERMINATION OF APPOINTMENT.  An appointment as
   3-14  a volunteer deputy early voting assistant is terminated on:
   3-15              (1)  the expiration of the volunteer deputy's term of
   3-16  appointment; or
   3-17              (2)  the final conviction of the volunteer deputy for
   3-18  an election-related offense.
   3-19        Sec. 83.077.  COMPENSATION; BOND.  (a)  A person may not
   3-20  receive compensation from a political subdivision for service as a
   3-21  volunteer deputy early voting clerk.
   3-22        (b)  A volunteer deputy is not required to give a bond in
   3-23  connection with the deputy's service.
   3-24        Sec. 83.078.  POWERS GENERALLY.  A volunteer deputy early
   3-25  voting assistant may collect or receive from applicants for
   3-26  submission to the early voting clerk signed applications for a
   3-27  ballot to be voted by mail and from voters in person to the early
    4-1  voting clerk the signed carrier envelopes, as provided by this
    4-2  subchapter.
    4-3        Sec. 83.079.  REVIEW OF APPLICATION OR CARRIER ENVELOPE.  (a)
    4-4  On receipt of an early voting ballot application or carrier
    4-5  envelope, a volunteer deputy early voting assistant shall review it
    4-6  for completeness in the applicant's or voter's presence, if
    4-7  practicable.
    4-8        (b)  If the application or carrier envelope is reviewed under
    4-9  Subsection (a), the volunteer deputy shall return the application
   4-10  or carrier envelope to the applicant or voter for completion and
   4-11  resubmission if the application or carrier envelope does not
   4-12  contain all the required information and the required signature.
   4-13        Sec. 83.080.  SUBMISSION OR DELIVERY OF APPLICATION OR
   4-14  CARRIER ENVELOPE.  (a)  A volunteer deputy early voting assistant
   4-15  shall submit to the early voting clerk in person or by mail each
   4-16  completed early voting ballot application received by the deputy
   4-17  from an applicant.
   4-18        (b)  A volunteer deputy early voting assistant shall deliver
   4-19  to the early voting clerk in person each completed carrier envelope
   4-20  received by the deputy from a voter.
   4-21        (c)  An application or carrier envelope shall be submitted or
   4-22  delivered not later than 24 hours after the time the application or
   4-23  carrier envelope is received by the volunteer deputy unless an
   4-24  earlier submission or delivery is necessary to ensure timely
   4-25  receipt and processing by the early voting clerk.
   4-26        Sec. 83.081.  FAILURE TO SUBMIT OR DELIVER APPLICATION OR
   4-27  CARRIER ENVELOPE.  (a)  A volunteer deputy early voting assistant
    5-1  commits an offense if the deputy knowingly fails to comply with
    5-2  Section 83.080.
    5-3        (b)  An offense under this section is a Class A misdemeanor.
    5-4        Sec. 83.082.  PURPORTEDLY ACTING AS VOLUNTEER DEPUTY EARLY
    5-5  VOTING ASSISTANT.  (a)  A person commits an offense if the person
    5-6  purports to act as a volunteer deputy early voting assistant when
    5-7  the person does not have an effective appointment as a volunteer
    5-8  deputy early voting assistant.
    5-9        (b)  An offense under this section is a Class A misdemeanor.
   5-10        Sec. 83.083.  ADDITIONAL PROCEDURES.  The secretary of state
   5-11  by rule shall prescribe any additional procedures necessary for the
   5-12  orderly and proper administration of this subchapter.  The system
   5-13  for the appointment, powers, duties, and accountability of
   5-14  volunteer deputy early voting assistants must be designed to
   5-15  maximize the efficient conduct of early voting by mail  and to
   5-16  minimize the potential for illegal activity in connection with
   5-17  early voting by mail.
   5-18        SECTION 3.  Section 84.004(e), Election Code, is amended to
   5-19  read as follows:
   5-20        (e)  An offense under this section is a Class A <B>
   5-21  misdemeanor.
   5-22        SECTION 4.  Section 84.0041(b), Election Code, is amended to
   5-23  read as follows:
   5-24        (b)  An offense under this section is a Class A <B>
   5-25  misdemeanor.
   5-26        SECTION 5.  Section 84.007, Election Code, is amended by
   5-27  amending Subsection (b) and adding Subsection (e) to read as
    6-1  follows:
    6-2        (b)  An application must be submitted to the early voting
    6-3  clerk <by>:
    6-4              (1)  by mail;
    6-5              (2)  by common or contract carrier; <or>
    6-6              (3)  by telephonic facsimile machine, if the applicant
    6-7  is absent from the county and if a machine is available in the
    6-8  clerk's office; or
    6-9              (4)  in person by a volunteer deputy early voting
   6-10  assistant.
   6-11        (e)  Except as provided by Section 84.009, an application may
   6-12  be collected or received from an applicant for submission only by a
   6-13  relative of the applicant, a person registered to vote at the same
   6-14  address as the applicant, an early voting clerk, a deputy early
   6-15  voting clerk, or a volunteer deputy early voting assistant.
   6-16        SECTION 6.  Section 84.011(a), Election Code, is amended to
   6-17  read as follows:
   6-18        (a)  The officially prescribed application form for an early
   6-19  voting ballot must include:
   6-20              (1)  immediately preceding the signature space the
   6-21  statement:  "I certify that the information given in this
   6-22  application is true, and I understand that giving false information
   6-23  in this application is a crime.";
   6-24              (2)  a statement informing the applicant <voters> of
   6-25  the offense prescribed by Section 84.004;
   6-26              (3)  spaces for entering an applicant's voter
   6-27  registration number and county election precinct of registration,
    7-1  with a statement informing the applicant that failure to furnish
    7-2  that information does not invalidate the application; and
    7-3              (4)  on an application for a ballot to be voted by
    7-4  mail:
    7-5                    (A)  <a space for an applicant applying on the
    7-6  ground of absence from the county of residence to indicate the date
    7-7  on or after which the applicant can receive mail at the address
    7-8  outside the county;>
    7-9                    <(B)>  a space for indicating the fact that an
   7-10  applicant whose application is signed by a witness cannot make the
   7-11  applicant's <his> mark and a space for indicating the relationship
   7-12  or <the> lack of relationship of the witness to the applicant;
   7-13  <and>
   7-14                    (B) <(C)>  a space for entering an applicant's
   7-15  telephone number, with a statement informing the applicant that
   7-16  failure to furnish that information does not invalidate the
   7-17  application;
   7-18                    (C)  a space for entering the name and
   7-19  identification number of the volunteer deputy early voting
   7-20  assistant, if applicable;
   7-21                    (D)  a statement informing the applicant of the
   7-22  condition prescribed by Section 81.005; and
   7-23                    (E)  a statement informing the applicant of the
   7-24  limitation prescribed by Section 84.007(e).
   7-25        SECTION 7.  Section 84.012, Election Code, is amended to read
   7-26  as follows:
   7-27        Sec. 84.012.  CLERK TO MAIL APPLICATION FORM ON REQUEST.  The
    8-1  early voting clerk shall mail without charge an appropriate
    8-2  official application form for an early voting ballot to each
    8-3  applicant <person> requesting the clerk to send the applicant <him>
    8-4  an application form.
    8-5        SECTION 8.  Section 84.032(d), Election Code, is amended to
    8-6  read as follows:
    8-7        (d)  An applicant may also submit a request <on election day>
    8-8  by appearing in person <at the applicant's precinct polling place>
    8-9  and returning the ballot to be voted by mail or presenting a notice
   8-10  received under Section 86.006(f) to:
   8-11              (1)  the early voting clerk or deputy early voting
   8-12  clerk at any polling place that is open for early voting by
   8-13  personal appearance; or
   8-14              (2)  the presiding election judge on election day at
   8-15  the applicant's precinct polling place.
   8-16        SECTION 9.  Section 84.033(c), Election Code, is amended to
   8-17  read as follows:
   8-18        (c)  If the request complies, the presiding election judge
   8-19  shall enter on the returned ballot or the notice, as applicable,
   8-20  "canceled," place it and the request in an envelope, and deposit
   8-21  the envelope in ballot box no. 4.  The applicant's application is
   8-22  considered to be canceled.
   8-23        SECTION 10.  Subchapter B, Chapter 85, Election Code, is
   8-24  amended by adding Section 85.0311 to read as follows:
   8-25        Sec. 85.0311.  EARLY VOTING CLERK TO SIGN BALLOTS.  (a)  The
   8-26  early voting clerk's initials or the location of the early voting
   8-27  polling place shall be placed on the back of each ballot to be used
    9-1  at the polling place.
    9-2        (b)  The early voting clerk shall enter the initials or
    9-3  location on each ballot or a deputy early voting clerk shall stamp
    9-4  a facsimile of the initials or stamp or enter the location on each
    9-5  ballot.
    9-6        SECTION 11.  Section 85.032, Election Code, is amended by
    9-7  adding Subsection (f) to read as follows:
    9-8        (f)  The secretary of state shall prescribe procedures
    9-9  providing for the security of the voted early voting ballots from
   9-10  the last day of voting by personal appearance at a polling place
   9-11  until the day the ballots are counted.  The procedures must include
   9-12  security measures covering the transfer of the ballots between the
   9-13  early voting clerk and the early voting ballot board.
   9-14        SECTION 12.  Section 85.062, Election Code, is amended by
   9-15  amending Subsections (a) and (e) and adding Subsections (f) and (g)
   9-16  to read as follows:
   9-17        (a)  Except as provided by Subsection (d) or (e), one or more
   9-18  early voting polling places other than the main early voting
   9-19  polling place may be established by:
   9-20              (1)  the commissioners court, for an election in which
   9-21  the county clerk is the early voting clerk; or
   9-22              (2)  the governing body of the political subdivision
   9-23  served by the authority ordering the election, for an election in
   9-24  which a person other than the county clerk is the early voting
   9-25  clerk.
   9-26        (e)  In an election covered by Subsection (d), a temporary
   9-27  branch polling place that is movable may be established only with
   10-1  the approval of the county clerk.  If a movable temporary branch
   10-2  polling place is established on the request of a political party,
   10-3  each other political party whose nominee for governor in the most
   10-4  recent gubernatorial general election received more than 10 percent
   10-5  of the total number of votes received by all candidates for
   10-6  governor in the election is entitled to establishment of such a
   10-7  polling place.  The election officers serving a polling place
   10-8  covered by this subsection must be affiliated or aligned with
   10-9  different political parties to the extent possible.  The secretary
  10-10  of state, after consulting the state chair of each affected
  10-11  political party, shall prescribe the procedures necessary to
  10-12  implement this subsection.
  10-13        (f)  In a countywide election, the total number of permanent
  10-14  branch polling places and temporary branch polling places open for
  10-15  voting at the same time in a commissioners precinct may not exceed
  10-16  twice the number of permanent branch and temporary branch polling
  10-17  places open at that time in another commissioners precinct.
  10-18        (g)  In this subchapter, "temporary branch polling place"
  10-19  means an early voting polling place established under this section.
  10-20        SECTION 13.  Section 86.001(c), Election Code, is amended to
  10-21  read as follows:
  10-22        (c)  Except as provided by Section 86.008, if the applicant
  10-23  is not entitled to vote by mail, the clerk shall reject the
  10-24  application, <and> enter on the application "rejected" and the
  10-25  reason for and date of rejection, and deliver written notice of the
  10-26  reason for the rejection to the applicant at the residence address
  10-27  on the application.  A ballot may not be provided to an applicant
   11-1  whose application is rejected.
   11-2        SECTION 14.  Sections 86.003(c) and (d), Election Code, are
   11-3  amended to read as follows:
   11-4        (c)  The mailing address must be the voter's residence, the
   11-5  address at which the voter is registered to vote, any current
   11-6  mailing address contained in the voter's voter registration
   11-7  records, or the voter's temporary living quarters unless:
   11-8              (1)  the ground for voting by mail is absence from the
   11-9  county of residence, in which case the address must be an address
  11-10  outside the voter's county of residence; or
  11-11              (2)  the ground for voting by mail is confinement in
  11-12  jail, in which case the address must be the jail.
  11-13        (d)  If the mailing address specified in a voter's
  11-14  application is an address other than that prescribed by Subsection
  11-15  (c), the voter's application shall be rejected in accordance with
  11-16  Section 86.001(c) <ballot may not be counted>.
  11-17        SECTION 15.  Chapter 86, Election Code, is amended by adding
  11-18  Sections 86.0051 and 86.0052 to read as follows:
  11-19        Sec. 86.0051.  SIGNING CARRIER ENVELOPE BY WITNESS.  An
  11-20  official carrier envelope signed for the voter by a witness other
  11-21  than the early voting clerk or a deputy must indicate the witness's
  11-22  relationship to the voter or, if unrelated, indicate that fact.
  11-23        Sec. 86.0052.  UNLAWFULLY WITNESSING CARRIER ENVELOPE.
  11-24  (a)  A person commits an offense if, in the same election, the
  11-25  person signs an official carrier envelope as a witness for more
  11-26  than one voter.
  11-27        (b)  It is an exception to the application of Subsection (a)
   12-1  that the person signed carrier envelopes for more than one voter
   12-2  and the person is related to the additional voters as a parent,
   12-3  grandparent, spouse, child, or sibling.
   12-4        (c)  A violation of this section does not affect the validity
   12-5  of a carrier envelope or marked ballot involved in the offense.
   12-6        (d)  Each carrier envelope signed by the witness in violation
   12-7  of this section constitutes a separate offense.
   12-8        (e)  An offense under this section is a Class A misdemeanor.
   12-9        SECTION 16.  Section 86.006, Election Code, is amended by
  12-10  amending Subsections (c) and (d) and adding Subsections (e) and (f)
  12-11  to read as follows:
  12-12        (c)  The carrier envelopes of persons <spouses or parents and
  12-13  children> who are registered to vote at the same address may be
  12-14  returned in the same envelope or package.
  12-15        (d)  Each carrier envelope that is delivered by a common or
  12-16  contract carrier must be accompanied by an individual delivery
  12-17  receipt for that particular carrier envelope that indicates the
  12-18  date, hour,  and address at which the carrier envelope was received
  12-19  by the carrier.  A delivery of carrier envelopes is prohibited by a
  12-20  common or contract carrier if the delivery originates from the
  12-21  address of:
  12-22              (1)  the headquarters of a political party;
  12-23              (2)  a candidate in the election unless the address is
  12-24  an early voter's residence;
  12-25              (3)  a specific-purpose or general-purpose political
  12-26  committee involved in the election; or
  12-27              (4)  an entity that requested that the election be
   13-1  held.
   13-2        (e)  Except as provided by this section, a carrier envelope
   13-3  may be collected or received from a voter for delivery only by a
   13-4  relative, within the second degree by affinity or within the third
   13-5  degree by consanguinity as defined by Chapter 573, Government Code,
   13-6  of the voter, a person registered to vote at the same address as
   13-7  the voter, an early voting clerk, a deputy early voting clerk, or a
   13-8  volunteer deputy early voting assistant.  A volunteer deputy early
   13-9  voting assistant may not deliver a carrier envelope by common or
  13-10  contract carrier.
  13-11        (f)  A ballot returned in violation of this section may not
  13-12  be counted. If the early voting clerk determines that the ballot
  13-13  was returned in violation of this section, the clerk shall make a
  13-14  notation on the carrier envelope and treat it as a ballot not
  13-15  timely returned in accordance with Section 86.011(c).  If the
  13-16  ballot is returned before the end of the period for early voting by
  13-17  personal appearance, the early voting clerk shall promptly mail or
  13-18  otherwise deliver to the voter a written notice informing the voter
  13-19  that:
  13-20              (1)  the voter's ballot will not be counted because of
  13-21  a violation of this code; and
  13-22              (2)  the voter may vote at an early voting polling
  13-23  place or the election day precinct polling place on presentation of
  13-24  the notice.
  13-25        SECTION 17.  Sections 86.013(b), (d), and (e), Election Code,
  13-26  are amended to read as follows:
  13-27        (b)  Spaces <for indicating the identity and date of the
   14-1  election> must appear on the reverse side of the official carrier
   14-2  envelope for indicating:
   14-3              (1)  the identity and date of the election;
   14-4              (2)  the fact that a voter whose carrier envelope is
   14-5  signed by a witness cannot make the voter's mark and a space for
   14-6  indicating the relationship or lack of relationship of the witness
   14-7  to the voter; and
   14-8              (3)  the name and identification number of the
   14-9  volunteer deputy early voting assistant, if applicable.
  14-10        (d)  The following textual material, as <prohibition
  14-11  prescribed by Section 86.006(b), in wording> prescribed by the
  14-12  secretary of state, must be printed on the reverse side of the
  14-13  official carrier envelope:
  14-14              (1)  the offense prescribed by Section 86.0052;
  14-15              (2)  the prohibition prescribed by Section 86.006(b);
  14-16              (3)  the conditions for delivery by common or contract
  14-17  carrier prescribed by Sections 81.005 and 86.006;
  14-18              (4)  the limitations prescribed by Section 86.006(e);
  14-19  and
  14-20              (5)  the requirements for the legal execution and
  14-21  delivery of the carrier envelope, including requirements relating
  14-22  to volunteer deputy early voting assistants.
  14-23        (e)  The following notice must be printed on the reverse side
  14-24  of the official carrier envelope, near the space provided for the
  14-25  voter's signature:  "This envelope must be sealed by the voter
  14-26  before it leaves the voter's hands.  Do not sign this envelope if
  14-27  you have not marked the ballot inside."
   15-1        SECTION 18.  Sections 87.027(i) and (j), Election Code, are
   15-2  amended to read as follows:
   15-3        (i)  The signature verification committee shall compare the
   15-4  signature on each carrier envelope certificate, except those signed
   15-5  for a voter by a witness, with the signature on the voter's ballot
   15-6  application to determine whether the signatures are those of the
   15-7  same person.  The committee may also compare the signatures with
   15-8  the signature on the voter's registration application to make the
   15-9  determination.  The committee shall place the jacket envelopes,
  15-10  carrier envelopes, and applications of voters whose signatures do
  15-11  not match in separate containers from those of voters whose
  15-12  signatures match.  The committee chairman shall deliver the sorted
  15-13  materials to the early voting ballot board at the time specified by
  15-14  the board's presiding judge but within the period permitted for the
  15-15  early voting clerk's delivery of early voting ballots to the board.
  15-16        (j)  If a signature verification committee is appointed, the
  15-17  early voting ballot board shall follow the same procedure for
  15-18  accepting the early voting ballots voted by mail as in an election
  15-19  without a signature verification committee, except that the board
  15-20  may not determine whether a voter's signatures on the carrier
  15-21  envelope certificate, <and> ballot application, and registration
  15-22  application match if the committee has determined that the
  15-23  signatures match.
  15-24        SECTION 19.  Section 87.041(b), Election Code, is amended to
  15-25  read as follows:
  15-26        (b)  A ballot may be accepted only if:
  15-27              (1)  the carrier envelope certificate is properly
   16-1  executed;
   16-2              (2)  neither the voter's signature on the ballot
   16-3  application nor the signature on the carrier envelope certificate
   16-4  is determined to have been executed by a person other than the
   16-5  voter, unless signed by a witness, the determination of which may
   16-6  also be made by comparing the signatures with the signature on the
   16-7  voter's registration application;
   16-8              (3)  the voter's ballot application states a legal
   16-9  ground for early voting by mail;
  16-10              (4)  the voter is registered to vote, if registration
  16-11  is required by law; and
  16-12              (5)  the address to which the ballot was mailed to the
  16-13  voter, as indicated by the <his> application, was outside the
  16-14  voter's county of residence, if the ground for early voting is
  16-15  absence from the county of residence.
  16-16        SECTION 20.  Section 87.121(f), Election Code, is amended to
  16-17  read as follows:
  16-18        (f)  Information on the roster for a person to whom an early
  16-19  voting mail ballot has been sent is not available for public
  16-20  inspection, except to the voter seeking to verify that the
  16-21  information pertaining to the voter <him> is accurate, until 72
  16-22  <24> hours after the time a ballot was mailed to the voter.
  16-23        SECTION 21.  This Act takes effect September 1, 1995.
  16-24        SECTION 22.  The importance of this legislation and the
  16-25  crowded condition of the calendars in both houses create an
  16-26  emergency and an imperative public necessity that the
  16-27  constitutional rule requiring bills to be read on three several
   17-1  days in each house be suspended, and this rule is hereby suspended.