1-1 By: Moncrief S.B. No. 654
1-2 (In the Senate - Filed February 20, 1995; February 21, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 11, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 13, Nays 0; April 11, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 654 by replacing all references to "voter registrar"
1-8 with:
1-9 "county clerk".
1-10 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-11 Amend S.B. No. 654, SECTION 3, Section 84.0091, Subsection (c) by
1-12 striking Subsection (c) in its entirety and adding a new Subsection
1-13 (c) to read as follows:
1-14 "(c) The county clerk shall keep all original applications
1-15 on file and create and keep current a list of all eligible
1-16 qualified voters that make an application under this section prior
1-17 to each election during a calendar year to which the list applies.
1-18 A qualified voter whose name appears on the list shall be deemed to
1-19 have submitted an application for early voting by mail."
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to early voting by mail for persons over 65 years of age
1-23 or with a physical disability.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsection (d), Section 84.001, Election Code, is
1-26 amended to read as follows:
1-27 (d) An applicant for a ballot to be voted by mail may apply
1-28 for ballots for the main election and any resulting runoff election
1-29 on the same application. The timeliness of the application for
1-30 both elections is determined in relation to the main election.
1-31 However, if the application is not timely for the main election,
1-32 the timeliness of the application for the runoff election is
1-33 determined in relation to that election. This subsection does not
1-34 apply to an applicant for an early voting ballot by mail under
1-35 Section 84.0091.
1-36 SECTION 2. Subsection (a), Section 84.007, Election Code, is
1-37 amended to read as follows:
1-38 (a) Except as provided by Sections 84.008, <and> 84.009, and
1-39 84.0091, an application for a ballot to be voted by mail must be
1-40 submitted as provided by this section.
1-41 SECTION 3. Subchapter A, Chapter 84, Election Code, is
1-42 amended by adding Section 84.0091 to read as follows:
1-43 Sec. 84.0091. ANNUAL APPLICATION FOR BALLOT BY MAIL; VOTERS
1-44 OVER 65 OR WITH A PHYSICAL DISABILITY. (a) A person is eligible
1-45 to apply for the receipt of early voting ballots by mail as
1-46 provided by this section if:
1-47 (1) the person is 65 years of age or older on the date
1-48 the application is made; or
1-49 (2) the person has on the date of the application a
1-50 sickness or physical disability described by Section 82.002 that is
1-51 certified as provided by Subsection (f)(4) and that will prevent
1-52 the person from appearing at a polling place during the year for
1-53 which the application is made.
1-54 (b) A qualified voter who is eligible under this section may
1-55 apply to the voter registrar of the county in which the voter
1-56 resides to be put on a list to receive an early voting ballot by
1-57 mail for each election to be held during the calendar year for
1-58 which the application is made.
1-59 (c) The voter registrar shall create and keep current a list
1-60 of all eligible qualified voters that make an application under
1-61 this section and provide the list to the early voting clerk in a
1-62 timely manner prior to each election during a calendar year to
1-63 which the list applies. A qualified voter whose name appears on
1-64 the list provided to the early voting clerk shall be deemed to have
1-65 submitted an application for early voting by mail.
1-66 (d) An application under this section must be submitted to
1-67 the voter registrar by mail or by common or contract carrier. The
1-68 names of eligible qualified voters whose applications are submitted
2-1 prior to the 60th day before an election shall appear on the list
2-2 provided to early voting clerks under Subsection (c).
2-3 (e) A list created by a voter registrar under this section
2-4 expires on December 31 of each year. An applicant may apply to
2-5 appear on the current year's list as the applicant becomes eligible
2-6 under this section. An applicant may apply to appear on the
2-7 subsequent year's list at any time after September 1.
2-8 (f) An annual application for the receipt of early voting
2-9 ballots by mail must:
2-10 (1) include the applicant's name and the address at
2-11 which the applicant is registered to vote;
2-12 (2) include the address to which the ballots are to be
2-13 mailed and a space for the applicant to indicate the calendar year
2-14 in which the applicant will receive early voting ballots by mail;
2-15 (3) include an indication of the ground of eligibility
2-16 for the receipt of early voting ballots under this section; and
2-17 (4) if the ground for eligibility is sickness or
2-18 physical disability, be accompanied by a certificate from a
2-19 licensed physician or chiropractor or accredited Christian Science
2-20 practitioner in substantially the following form:
2-21 "This is to certify that I know that ___________________ has
2-22 a sickness or physical condition that will prevent him or her from
2-23 appearing during early voting or at a polling place for an election
2-24 to be held during 19___ without a likelihood of needing personal
2-25 assistance or of injuring his or her health.
2-26 Witness my hand at _______________, Texas, this ____ day
2-27 of ________________________________________, 19________.
2-28 ________________________________________________________
2-29 (Signature of physician, chiropractor, or practitioner)"
2-30 SECTION 4. This Act takes effect September 1, 1995.
2-31 SECTION 5. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *