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.