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.