By: Moncrief S.B. No. 654
A BILL TO BE ENTITLED
AN ACT
1-1 relating to early voting by mail for persons over 65 years of age
1-2 or with a physical disability.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Section 84.001, Election Code, is
1-5 amended to read as follows:
1-6 (d) An applicant for a ballot to be voted by mail may apply
1-7 for ballots for the main election and any resulting runoff election
1-8 on the same application. The timeliness of the application for
1-9 both elections is determined in relation to the main election.
1-10 However, if the application is not timely for the main election,
1-11 the timeliness of the application for the runoff election is
1-12 determined in relation to that election. This subsection does not
1-13 apply to an applicant for an early voting ballot by mail under
1-14 Section 84.0091.
1-15 SECTION 2. Subsection (a), Section 84.007, Election Code, is
1-16 amended to read as follows:
1-17 (a) Except as provided by Sections 84.008, <and> 84.009, and
1-18 84.0091, an application for a ballot to be voted by mail must be
1-19 submitted as provided by this section.
1-20 SECTION 3. Subchapter A, Chapter 84, Election Code, is
1-21 amended by adding Section 84.0091 to read as follows:
1-22 Sec. 84.0091. ANNUAL APPLICATION FOR BALLOT BY MAIL; VOTERS
1-23 OVER 65 OR WITH A PHYSICAL DISABILITY. (a) A person is eligible
2-1 to apply for the receipt of early voting ballots by mail as
2-2 provided by this section if:
2-3 (1) the person is 65 years of age or older on the date
2-4 the application is made; or
2-5 (2) the person has on the date of the application a
2-6 sickness or physical disability described by Section 82.002 that is
2-7 certified as provided by Subsection (f)(4) and that will prevent
2-8 the person from appearing at a polling place during the year for
2-9 which the application is made.
2-10 (b) A qualified voter who is eligible under this section may
2-11 apply to the county clerk of the county in which the voter resides
2-12 to be put on a list to receive an early voting ballot by mail for
2-13 each election to be held during the calendar year for which the
2-14 application is made.
2-15 (c) The county clerk shall keep all original applications on
2-16 file and create and keep current a list of all eligible qualified
2-17 voters that make an application under this section prior to each
2-18 election during a calendar year to which the list applies. A
2-19 qualified voter whose name appears on the list shall be deemed to
2-20 have submitted an application for early voting by mail.
2-21 (d) An application under this section must be submitted to
2-22 the county clerk by mail or by common or contract carrier. The
2-23 names of eligible qualified voters whose applications are submitted
2-24 prior to the 60th day before an election shall appear on the list
2-25 created under Subsection (c).
3-1 (e) A list created by a county clerk under this section
3-2 expires on December 31 of each year. An applicant may apply to
3-3 appear on the current year's list as the applicant becomes eligible
3-4 under this section. An applicant may apply to appear on the
3-5 subsequent year's list at any time after September 1.
3-6 (f) An annual application for the receipt of early voting
3-7 ballots by mail must:
3-8 (1) include the applicant's name and the address at
3-9 which the applicant is registered to vote;
3-10 (2) include the address to which the ballots are to be
3-11 mailed and a space for the applicant to indicate the calendar year
3-12 in which the applicant will receive early voting ballots by mail;
3-13 (3) include an indication of the ground of eligibility
3-14 for the receipt of early voting ballots under this section; and
3-15 (4) if the ground for eligibility is sickness or
3-16 physical disability, be accompanied by a certificate from a
3-17 licensed physician or chiropractor or accredited Christian Science
3-18 practitioner in substantially the following form:
3-19 "This is to certify that I know that ___________________ has
3-20 a sickness or physical condition that will prevent him or her from
3-21 appearing during early voting or at a polling place for an election
3-22 to be held during 19___ without a likelihood of needing personal
3-23 assistance or of injuring his or her health.
3-24 Witness my hand at _______________, Texas, this ____ day
3-25 of ________________________________________, 19________.
4-1 ________________________________________________________
4-2 (Signature of physician, chiropractor, or practitioner)"
4-3 SECTION 4. This Act takes effect September 1, 1995.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.