By Madden H.B. No. 674
75R2035 GGS-D
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. Section 84.004(e), Election Code, is amended to
1-13 read as follows:
1-14 (e) An offense under this section is a Class A [B]
1-15 misdemeanor.
1-16 SECTION 3. Section 84.0041(b), Election Code, is amended to
1-17 read as follows:
1-18 (b) An offense under this section is a Class A [B]
1-19 misdemeanor.
1-20 SECTION 4. Section 84.007, Election Code, is amended by
1-21 adding Subsection (e) to read as follows:
1-22 (e) Except as provided by Section 84.009, an application may
1-23 be collected or received from an applicant for submission only by a
1-24 person related to the applicant within the second degree by
2-1 affinity or the third degree by consanguinity, as determined under
2-2 Chapter 573, Government Code, a person registered to vote at the
2-3 same address as the applicant, an early voting clerk, or a deputy
2-4 early voting clerk.
2-5 SECTION 5. Section 84.011(a), Election Code, is amended to
2-6 read as follows:
2-7 (a) The officially prescribed application form for an early
2-8 voting ballot must include:
2-9 (1) immediately preceding the signature space the
2-10 statement: "I certify that the information given in this
2-11 application is true, and I understand that giving false information
2-12 in this application is a crime.";
2-13 (2) a statement informing the applicant [voters] of
2-14 the offense prescribed by Section 84.004;
2-15 (3) spaces for entering an applicant's voter
2-16 registration number and county election precinct of registration,
2-17 with a statement informing the applicant that failure to furnish
2-18 that information does not invalidate the application; and
2-19 (4) on an application for a ballot to be voted by
2-20 mail:
2-21 (A) [a space for an applicant applying on the
2-22 ground of absence from the county of residence to indicate the date
2-23 on or after which the applicant can receive mail at the address
2-24 outside the county;]
2-25 [(B)] a space for indicating the fact that an
2-26 applicant whose application is signed by a witness cannot make the
2-27 applicant's [his] mark and a space for indicating the relationship
3-1 or [the] lack of relationship of the witness to the applicant;
3-2 [and]
3-3 (B) [(C)] a space for entering an applicant's
3-4 telephone number, with a statement informing the applicant that
3-5 failure to furnish that information does not invalidate the
3-6 application;
3-7 (C) a space for entering the name of any person
3-8 assisting the applicant;
3-9 (D) a statement informing the applicant of the
3-10 condition prescribed by Section 81.005; and
3-11 (E) a statement informing the applicant of the
3-12 limitation prescribed by Section 84.007(e).
3-13 SECTION 6. Section 84.012, Election Code, is amended to read
3-14 as follows:
3-15 Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
3-16 early voting clerk shall mail without charge an appropriate
3-17 official application form for an early voting ballot to each
3-18 applicant [person] requesting the clerk to send the applicant [him]
3-19 an application form.
3-20 SECTION 7. Section 84.032(d), Election Code, is amended to
3-21 read as follows:
3-22 (d) An applicant may also submit a request [on election day]
3-23 by appearing in person [at the applicant's precinct polling place]
3-24 and returning the ballot to be voted by mail or presenting a notice
3-25 received under Section 86.006(f) to:
3-26 (1) the early voting clerk or deputy early voting
3-27 clerk at any polling place that is open for early voting by
4-1 personal appearance; or
4-2 (2) the presiding election judge on election day at
4-3 the applicant's precinct polling place.
4-4 SECTION 8. Section 84.033(c), Election Code, is amended to
4-5 read as follows:
4-6 (c) If the request complies, the presiding election judge
4-7 shall enter on the returned ballot or the notice, as applicable,
4-8 "canceled," place it and the request in an envelope, and deposit
4-9 the envelope in ballot box no. 4. The applicant's application is
4-10 considered to be canceled.
4-11 SECTION 9. Subchapter B, Chapter 85, Election Code, is
4-12 amended by adding Section 85.0311 to read as follows:
4-13 Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The
4-14 early voting clerk's initials or the location of the early voting
4-15 polling place shall be placed on the back of each ballot to be used
4-16 at the polling place.
4-17 (b) The early voting clerk shall enter the initials or
4-18 location on each ballot or a deputy early voting clerk shall stamp
4-19 a facsimile of the initials or stamp or enter the location on each
4-20 ballot.
4-21 SECTION 10. Section 85.032, Election Code, is amended by
4-22 adding Subsection (f) to read as follows:
4-23 (f) The secretary of state shall prescribe procedures
4-24 providing for the security of the voted early voting ballots from
4-25 the last day of voting by personal appearance at a polling place
4-26 until the day the ballots are counted. The procedures must include
4-27 security measures covering the transfer of the ballots between the
5-1 early voting clerk and the early voting ballot board.
5-2 SECTION 11. Section 85.062, Election Code, is amended by
5-3 amending Subsections (a) and (e) and adding Subsections (f) and (g)
5-4 to read as follows:
5-5 (a) Except as provided by Subsection (d) or (e), one or more
5-6 early voting polling places other than the main early voting
5-7 polling place may be established by:
5-8 (1) the commissioners court, for an election in which
5-9 the county clerk is the early voting clerk; or
5-10 (2) the governing body of the political subdivision
5-11 served by the authority ordering the election, for an election in
5-12 which a person other than the county clerk is the early voting
5-13 clerk.
5-14 (e) In an election covered by Subsection (d), a temporary
5-15 branch polling place that is movable may be established only with
5-16 the approval of the county clerk. If a movable temporary branch
5-17 polling place is established on the request of a political party,
5-18 each other political party whose nominee for governor in the most
5-19 recent gubernatorial general election received more than 10 percent
5-20 of the total number of votes received by all candidates for
5-21 governor in the election is entitled to establishment of such a
5-22 polling place. The election officers serving a polling place
5-23 covered by this subsection must be affiliated or aligned with
5-24 different political parties to the extent possible. The secretary
5-25 of state, after consulting the state chair of each affected
5-26 political party, shall prescribe the procedures necessary to
5-27 implement this subsection.
6-1 (f) In a countywide election, the total number of permanent
6-2 branch polling places and temporary branch polling places open for
6-3 voting at the same time in a commissioners precinct may not exceed
6-4 twice the number of permanent branch and temporary branch polling
6-5 places open at that time in another commissioners precinct.
6-6 (g) In this subchapter, "temporary branch polling place"
6-7 means an early voting polling place established under this section.
6-8 SECTION 12. Section 86.001(c), Election Code, is amended to
6-9 read as follows:
6-10 (c) Except as provided by Section 86.008, if the applicant
6-11 is not entitled to vote by mail, the clerk shall reject the
6-12 application, [and] enter on the application "rejected" and the
6-13 reason for and date of rejection, and deliver written notice of the
6-14 reason for the rejection to the applicant at the residence address
6-15 on the application. A ballot may not be provided to an applicant
6-16 whose application is rejected.
6-17 SECTION 13. Sections 86.003(c) and (d), Election Code, are
6-18 amended to read as follows:
6-19 (c) The mailing address must be the voter's residence, the
6-20 address at which the voter is registered to vote, any current
6-21 mailing address contained in the voter's voter registration
6-22 records, or the voter's temporary living quarters unless:
6-23 (1) the ground for voting by mail is absence from the
6-24 county of residence, in which case the address must be an address
6-25 outside the voter's county of residence; or
6-26 (2) the ground for voting by mail is confinement in
6-27 jail, in which case the address must be the jail.
7-1 (d) If the mailing address specified in a voter's
7-2 application is an address other than that prescribed by Subsection
7-3 (c), the voter's application shall be rejected in accordance with
7-4 Section 86.001(c) [ballot may not be counted].
7-5 SECTION 14. Section 86.006, Election Code, is amended by
7-6 amending Subsections (c) and (d) and adding Subsections (e) and (f)
7-7 to read as follows:
7-8 (c) The carrier envelopes of persons [spouses or parents and
7-9 children] who are registered to vote at the same address may be
7-10 returned in the same envelope or package.
7-11 (d) Each carrier envelope that is delivered by a common or
7-12 contract carrier must be accompanied by an individual delivery
7-13 receipt for that particular carrier envelope that indicates the
7-14 date, hour, and address at which the carrier envelope was received
7-15 by the carrier. A delivery of carrier envelopes is prohibited by a
7-16 common or contract carrier if the delivery originates from the
7-17 address of:
7-18 (1) the headquarters of a political party or a
7-19 candidate in the election;
7-20 (2) a candidate in the election unless the address is
7-21 the residence of the early voter;
7-22 (3) a specific-purpose or general-purpose political
7-23 committee involved in the election; or
7-24 (4) an entity that requested that the election be
7-25 held.
7-26 (e) Except as provided by this section, a carrier envelope
7-27 may be collected or received from a voter for delivery only by a
8-1 person related to the voter within the second degree by affinity or
8-2 the third degree by consanguinity, as determined under Chapter 573,
8-3 Government Code, or a person registered to vote at the same address
8-4 as the voter.
8-5 (f) A ballot returned in violation of this section may not
8-6 be counted. If the early voting clerk determines that the ballot
8-7 was returned in violation of this section, the clerk shall make a
8-8 notation on the carrier envelope and treat it as a ballot not
8-9 timely returned in accordance with Section 86.011(c). If the
8-10 ballot is returned before the end of the period for early voting by
8-11 personal appearance, the early voting clerk shall promptly mail or
8-12 otherwise deliver to the voter a written notice informing the voter
8-13 that:
8-14 (1) the voter's ballot will not be counted because of
8-15 a violation of this code; and
8-16 (2) the voter may vote if otherwise eligible at an
8-17 early voting polling place or the election day precinct polling
8-18 place on presentation of the notice.
8-19 SECTION 15. Sections 86.013(d) and (e), Election Code, are
8-20 amended to read as follows:
8-21 (d) The following textual material, as [prohibition
8-22 prescribed by Section 86.006(b), in wording] prescribed by the
8-23 secretary of state, must be printed on the reverse side of the
8-24 official carrier envelope or on a separate sheet accompanying the
8-25 carrier envelope when it is provided:
8-26 (1) the prohibition prescribed by Section 86.006(b);
8-27 (2) the conditions for delivery by common or contract
9-1 carrier prescribed by Sections 81.005 and 86.006;
9-2 (3) the limitations prescribed by Section 86.006(e);
9-3 and
9-4 (4) the requirements for the legal execution and
9-5 delivery of the carrier envelope.
9-6 (e) The following notice must be printed on the reverse side
9-7 of the official carrier envelope, near the space provided for the
9-8 voter's signature: "This envelope must be sealed by the voter
9-9 before it leaves the voter's hands. Do not sign this envelope if
9-10 you have not marked the ballot inside."
9-11 SECTION 16. Sections 87.027(i) and (j), Election Code, are
9-12 amended to read as follows:
9-13 (i) The signature verification committee shall compare the
9-14 signature on each carrier envelope certificate, except those signed
9-15 for a voter by a witness, with the signature on the voter's ballot
9-16 application to determine whether the signatures are those of the
9-17 same person. The committee may also compare the signatures with
9-18 the signature on the voter's registration application to make the
9-19 determination. The committee shall place the jacket envelopes,
9-20 carrier envelopes, and applications of voters whose signatures do
9-21 not match in separate containers from those of voters whose
9-22 signatures match. The committee chairman shall deliver the sorted
9-23 materials to the early voting ballot board at the time specified by
9-24 the board's presiding judge but within the period permitted for the
9-25 early voting clerk's delivery of early voting ballots to the board.
9-26 (j) If a signature verification committee is appointed, the
9-27 early voting ballot board shall follow the same procedure for
10-1 accepting the early voting ballots voted by mail as in an election
10-2 without a signature verification committee, except that the board
10-3 may not determine whether a voter's signatures on the carrier
10-4 envelope certificate, [and] ballot application, and registration
10-5 application match if the committee has determined that the
10-6 signatures match.
10-7 SECTION 17. Section 87.041(b), Election Code, is amended to
10-8 read as follows:
10-9 (b) A ballot may be accepted only if:
10-10 (1) the carrier envelope certificate is properly
10-11 executed;
10-12 (2) neither the voter's signature on the ballot
10-13 application nor the signature on the carrier envelope certificate
10-14 is determined to have been executed by a person other than the
10-15 voter, unless signed by a witness, the determination of which may
10-16 also be made by comparing the signatures with the signature on the
10-17 voter's registration application;
10-18 (3) the voter's ballot application states a legal
10-19 ground for early voting by mail;
10-20 (4) the voter is registered to vote, if registration
10-21 is required by law;
10-22 (5) the address to which the ballot was mailed to the
10-23 voter, as indicated by the [his] application, was outside the
10-24 voter's county of residence, if the ground for early voting is
10-25 absence from the county of residence; and
10-26 (6) for a voter to whom a statement of residence form
10-27 was required to be sent under Section 86.002(a), the statement of
11-1 residence is returned in the carrier envelope and indicates that
11-2 the voter satisfies the residence requirements prescribed by
11-3 Section 63.0011.
11-4 SECTION 18. Section 87.121(f), Election Code, is amended to
11-5 read as follows:
11-6 (f) Information on the roster for a person to whom an early
11-7 voting mail ballot has been sent is not available for public
11-8 inspection, except to the voter seeking to verify that the
11-9 information pertaining to the voter [him] is accurate, until 72
11-10 [24] hours after the time a ballot was mailed to the voter.
11-11 SECTION 19. This Act takes effect September 1, 1997.
11-12 SECTION 20. The importance of this legislation and the
11-13 crowded condition of the calendars in both houses create an
11-14 emergency and an imperative public necessity that the
11-15 constitutional rule requiring bills to be read on three several
11-16 days in each house be suspended, and this rule is hereby suspended.