By Danburg, Denny, Jones of Dallas, Gallego, H.B. No. 1483
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting processes and procedures;
1-3 providing a criminal penalty.
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 is a bona fide, for profit
1-10 carrier, the primary business of which is transporting or
1-11 delivering property for compensation and the business practices of
1-12 which are reasonable and prudent according to the usual standards
1-13 for the business in which it is engaged.
1-14 SECTION 2. Sections 84.001(a) and (e), Election Code, are
1-15 amended to read as follows:
1-16 (a) To be entitled to vote an early voting ballot by mail, a
1-17 person who is eligible for early voting must make an application
1-18 for an early voting ballot to be voted by mail as provided by this
1-19 title.
1-20 (e) A person who has not made an application as provided by
1-21 this title is not entitled to receive an early voting ballot to be
1-22 voted by mail.
1-23 SECTION 3. Section 84.002(a), Election Code, is amended to
1-24 read as follows:
1-25 (a) An early voting ballot application must include:
2-1 (1) the applicant's name and the address at which the
2-2 applicant is registered to vote;
2-3 (2) for an application for a ballot to be voted by
2-4 mail on the ground of absence from the county of residence, the
2-5 address outside the applicant's county of residence to which the
2-6 ballot is to be mailed;
2-7 (3) for an application for a ballot to be voted by
2-8 mail on the ground of age or disability, the address of the
2-9 hospital, nursing home or other long-term care facility, or
2-10 retirement center, or of a person related to the applicant within
2-11 the second degree by affinity or the third degree by consanguinity,
2-12 as determined under Chapter 573, Government Code, if the applicant
2-13 is living at that address and that address is different from the
2-14 address at which the applicant is registered to vote;
2-15 (4) for an application for a ballot to be voted by
2-16 mail on the ground of confinement in jail, the address of the jail
2-17 or of a person related to the applicant within the degree described
2-18 by Subdivision (3);
2-19 (5) for an application for a ballot to be voted by
2-20 mail on any ground, [and] an indication of each election for which
2-21 the applicant [voter] is applying for a ballot; and
2-22 (6) [(3)] an indication of the ground of eligibility
2-23 for early voting.
2-24 SECTION 4. Section 84.0041(b), Election Code, is amended to
2-25 read as follows:
2-26 (b) An offense under this section is a Class A [B]
2-27 misdemeanor.
3-1 SECTION 5. Section 84.011(a), Election Code, is amended to
3-2 read as follows:
3-3 (a) The officially prescribed application form for an early
3-4 voting ballot must include:
3-5 (1) immediately preceding the signature space the
3-6 statement: "I certify that the information given in this
3-7 application is true, and I understand that giving false information
3-8 in this application is a crime.";
3-9 (2) a statement informing the applicant [voters] of
3-10 the offense prescribed by Section 84.004;
3-11 (3) spaces for entering an applicant's voter
3-12 registration number and county election precinct of registration,
3-13 with a statement informing the applicant that failure to furnish
3-14 that information does not invalidate the application; and
3-15 (4) on an application for a ballot to be voted by
3-16 mail:
3-17 (A) a space for an applicant applying on the
3-18 ground of absence from the county of residence to indicate the date
3-19 on or after which the applicant can receive mail at the address
3-20 outside the county;
3-21 (B) a space for indicating the fact that an
3-22 applicant whose application is signed by a witness cannot make the
3-23 applicant's [his] mark and a space for indicating the relationship
3-24 or [the] lack of relationship of the witness to the applicant;
3-25 [and]
3-26 (C) a space for entering an applicant's
3-27 telephone number, with a statement informing the applicant that
4-1 failure to furnish that information does not invalidate the
4-2 application;
4-3 (D) a space or box for an applicant applying on
4-4 the ground of age or disability to indicate that the address to
4-5 which the ballot is to be mailed is the address of a facility or
4-6 relative described by Section 84.002(a)(3), if applicable;
4-7 (E) a space or box for an applicant applying on
4-8 the ground of confinement in jail to indicate that the address to
4-9 which the ballot is to be mailed is the address of a relative
4-10 described by Section 84.002(a)(4), if applicable;
4-11 (F) a space for entering the name of any person
4-12 assisting the applicant;
4-13 (G) a statement informing the applicant of the
4-14 condition prescribed by Section 81.005; and
4-15 (H) a statement informing the applicant of the
4-16 requirement prescribed by Section 86.003(c).
4-17 SECTION 6. Section 84.012, Election Code, is amended to read
4-18 as follows:
4-19 Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
4-20 early voting clerk shall mail without charge an appropriate
4-21 official application form for an early voting ballot to each
4-22 applicant [person] requesting the clerk to send the applicant [him]
4-23 an application form.
4-24 SECTION 7. Section 84.032(d), Election Code, is amended to
4-25 read as follows:
4-26 (d) An applicant may also submit a request [on election day]
4-27 by appearing in person [at the applicant's precinct polling place]
5-1 and returning the ballot to be voted by mail or presenting a notice
5-2 received under Section 86.006(e) to:
5-3 (1) the early voting clerk or deputy early voting
5-4 clerk at any polling place that is open for early voting by
5-5 personal appearance; or
5-6 (2) the presiding election judge on election day at
5-7 the applicant's precinct polling place.
5-8 SECTION 8. Section 84.033(c), Election Code, is amended to
5-9 read as follows:
5-10 (c) If the request complies, the presiding election judge
5-11 shall enter on the returned ballot or the notice, as applicable,
5-12 "canceled," place it and the request in an envelope, and deposit
5-13 the envelope in ballot box no. 4. The applicant's application is
5-14 considered to be canceled.
5-15 SECTION 9. Section 85.031, Election Code, is amended to read
5-16 as follows:
5-17 Sec. 85.031. ACCEPTING VOTER. (a) For each person [If an
5-18 applicant is] entitled to vote an early voting ballot by personal
5-19 appearance, the early voting clerk shall follow the procedure for
5-20 accepting a regular voter on election day, with the modifications
5-21 necessary for the conduct of early voting.
5-22 (b) A signature roster is not required to be maintained at
5-23 an early voting polling place.
5-24 (c) On accepting a voter [If an applicant does not enter the
5-25 applicant's voter registration number or county election precinct
5-26 of residence on the application, or enters an incorrect number or
5-27 precinct, the clerk shall enter the appropriate information on the
6-1 application before permitting the applicant to vote.]
6-2 [(d) If the applicant is accepted to vote], the clerk shall
6-3 indicate beside the voter's [applicant's] name on the list of
6-4 registered voters or registration omissions list, as applicable,
6-5 that the voter is [applicant was] accepted to vote by personal
6-6 appearance unless the form of either list makes it impracticable to
6-7 do so, and the clerk shall enter the voter's [applicant's] name on
6-8 the poll list.
6-9 SECTION 10. Subchapter B, Chapter 85, Election Code, is
6-10 amended by adding Section 85.0311 to read as follows:
6-11 Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The
6-12 early voting clerk's initials shall be placed on the back of each
6-13 ballot to be used at the polling place.
6-14 (b) The early voting clerk shall enter the initials on each
6-15 ballot or a deputy early voting clerk shall stamp a facsimile of
6-16 the initials on each ballot.
6-17 SECTION 11. Section 85.032, Election Code, is amended by
6-18 adding Subsection (f) to read as follows:
6-19 (f) The secretary of state shall prescribe procedures
6-20 providing for the security of the voted early voting ballots from
6-21 the last day of voting by personal appearance at a polling place
6-22 until the day the ballots are counted. The procedures must include
6-23 security measures covering the transfer of the ballots between the
6-24 early voting clerk and the early voting ballot board.
6-25 SECTION 12. Section 85.062, Election Code, is amended by
6-26 amending Subsections (a) and (e) and adding Subsections (f) and (g)
6-27 to read as follows:
7-1 (a) Except as provided by Subsection (d) or (e), one or more
7-2 early voting polling places other than the main early voting
7-3 polling place may be established by:
7-4 (1) the commissioners court, for an election in which
7-5 the county clerk is the early voting clerk; or
7-6 (2) the governing body of the political subdivision
7-7 served by the authority ordering the election, for an election in
7-8 which a person other than the county clerk is the early voting
7-9 clerk.
7-10 (e) In an election covered by Subsection (d), a temporary
7-11 branch polling place that is movable may be established only with
7-12 the approval of the county clerk. If a movable temporary branch
7-13 polling place is established on the request of a political party,
7-14 each other political party whose nominee for governor in the most
7-15 recent gubernatorial general election received more than 10 percent
7-16 of the total number of votes received by all candidates for
7-17 governor in the election is entitled to establishment of such a
7-18 polling place. The election officers serving a polling place
7-19 covered by this subsection must be affiliated or aligned with
7-20 different political parties to the extent possible. The secretary
7-21 of state, after consulting the state chair of each affected
7-22 political party, shall prescribe the procedures necessary to
7-23 implement this subsection.
7-24 (f) In a countywide election, the total number of permanent
7-25 branch polling places and temporary branch polling places open for
7-26 voting at the same time in a commissioners precinct may not exceed
7-27 twice the number of permanent branch and temporary branch polling
8-1 places open at that time in another commissioners precinct.
8-2 (g) In this subchapter, "temporary branch polling place"
8-3 means an early voting polling place established under this section.
8-4 SECTION 13. Section 86.001(c), Election Code, is amended to
8-5 read as follows:
8-6 (c) Except as provided by Section 86.008, if the applicant
8-7 is not entitled to vote by mail, the clerk shall reject the
8-8 application, [and] enter on the application "rejected" and the
8-9 reason for and date of rejection, and deliver written notice of the
8-10 reason for the rejection to the applicant at both the residence
8-11 address and mailing address on the application. A ballot may not
8-12 be provided to an applicant whose application is rejected.
8-13 SECTION 14. Section 86.003, Election Code, is amended to
8-14 read as follows:
8-15 Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
8-16 ADDRESS. (a) The balloting materials for voting by mail shall be
8-17 provided to the voter by mail. A ballot provided by any other
8-18 method may not be counted.
8-19 (b) Subject to Subsection (c), the balloting materials shall
8-20 be addressed to the applicable [mailing] address specified in the
8-21 voter's application. [If no mailing address is specified, the
8-22 materials shall be mailed to the voter's residence address unless a
8-23 different address is required by Subsection (c).] The election
8-24 officer providing the ballot may not knowingly mail the materials
8-25 to an address other than that prescribed by this section.
8-26 (c) The [mailing] address to which the balloting materials
8-27 must be addressed is the address at which the voter is registered
9-1 to vote [the voter's residence or temporary living quarters]
9-2 unless[:]
9-3 [(1)] the ground for voting by mail is:
9-4 (1) absence from the county of residence, in which
9-5 case the address must be an address outside the voter's county of
9-6 residence; [or]
9-7 (2) [the ground for voting by mail is] confinement in
9-8 jail, in which case the address must be the address of the jail or
9-9 of a relative described by Section 84.002(a)(4); or
9-10 (3) age or disability and the voter is living at a
9-11 hospital, nursing home or other long-term care facility, or
9-12 retirement center, or with a relative described by Section
9-13 84.002(a)(3), in which case the address must be the address of that
9-14 facility or relative.
9-15 (d) If the applicable [mailing] address specified in a
9-16 voter's application is an address other than that prescribed by
9-17 Subsection (c), the voter's application shall be rejected in
9-18 accordance with Section 86.001(c) [ballot may not be counted].
9-19 SECTION 15. Section 86.006, Election Code, is amended by
9-20 amending Subsections (c) and (d) and adding Subsection (e) to read
9-21 as follows:
9-22 (c) The carrier envelopes of persons [spouses or parents and
9-23 children] who are registered to vote at the same address may be
9-24 returned in the same envelope or package.
9-25 (d) Each carrier envelope that is delivered by a common or
9-26 contract carrier must be accompanied by an individual delivery
9-27 receipt for that particular carrier envelope that indicates the
10-1 date, hour, and address at which the carrier envelope was received
10-2 by the carrier unless the carrier does not routinely issue a
10-3 receipt, in which case the secretary of state shall prescribe
10-4 appropriate procedures for accounting for the delivery. A delivery
10-5 of carrier envelopes is prohibited by a common or contract carrier
10-6 if the delivery originates from the address of:
10-7 (1) the headquarters of a political party or a
10-8 candidate in the election;
10-9 (2) a candidate in the election unless the address is
10-10 the residence of the early voter;
10-11 (3) a specific-purpose or general-purpose political
10-12 committee involved in the election; or
10-13 (4) an entity that requested that the election be
10-14 held, unless the delivery is a forwarding to the early voting
10-15 clerk.
10-16 (e) A ballot returned in violation of this section may not
10-17 be counted. If the early voting clerk determines that the ballot
10-18 was returned in violation of this section, the clerk shall make a
10-19 notation on the carrier envelope and treat it as a ballot not
10-20 timely returned in accordance with Section 86.011(c). If the
10-21 ballot is returned before the end of the period for early voting by
10-22 personal appearance, the early voting clerk shall promptly mail or
10-23 otherwise deliver to the voter a written notice informing the voter
10-24 that:
10-25 (1) the voter's ballot will not be counted because of
10-26 a violation of this code; and
10-27 (2) the voter may vote if otherwise eligible at an
11-1 early voting polling place or the election day precinct polling
11-2 place on presentation of the notice.
11-3 SECTION 16. Section 86.010, Election Code, is amended by
11-4 amending Subsection (c) and adding Subsection (d) to read as
11-5 follows:
11-6 (c) The person assisting the voter must sign a written oath
11-7 prescribed by Section 64.034.
11-8 (d) If a voter is assisted in violation of Subsection (a) or
11-9 (b) [this section], the voter's ballot may not be counted.
11-10 SECTION 17. Section 86.013, Election Code, is amended by
11-11 amending Subsections (d) and (e) and adding Subsection (f) to read
11-12 as follows:
11-13 (d) The following textual material, as [prohibition
11-14 prescribed by Section 86.006(b), in wording] prescribed by the
11-15 secretary of state, must be printed on the reverse side of the
11-16 official carrier envelope or on a separate sheet accompanying the
11-17 carrier envelope when it is provided:
11-18 (1) the prohibition prescribed by Section 86.006(b);
11-19 (2) the conditions for delivery by common or contract
11-20 carrier prescribed by Sections 81.005 and 86.006; and
11-21 (3) the requirements for the legal execution and
11-22 delivery of the carrier envelope.
11-23 (e) The following notice must be printed on the reverse side
11-24 of the official carrier envelope, near the space provided for the
11-25 voter's signature: "This envelope must be sealed by the voter
11-26 before it leaves the voter's hands. Do not sign this envelope
11-27 unless the ballot has been marked by you or at your direction."
12-1 (f) The oath of a person assisting a voter must be included
12-2 on the official carrier envelope.
12-3 SECTION 18. Section 86.014(a), Election Code, is amended to
12-4 read as follows:
12-5 (a) A copy of an application for a ballot to be voted by
12-6 mail may be obtained from the early voting clerk:
12-7 (1) 72 hours after the time a ballot is mailed to the
12-8 voter; or
12-9 (2) 48 hours after the time a ballot is mailed to the
12-10 voter if the mailing occurs on the fourth day before election day
12-11 [receipt of the application by the clerk].
12-12 SECTION 19. Section 87.002, Election Code, is amended by
12-13 amending Subsection (b) and adding Subsections (c) and (d) to read
12-14 as follows:
12-15 (b) Except as provided by Subsection (d), the [The]
12-16 presiding judge is appointed in the same manner as a presiding
12-17 election judge. Except as provided by Subsection (c), the [The]
12-18 other members are appointed by the presiding judge in the same
12-19 manner as the precinct election clerks.
12-20 (c) In the general election for state and county officers,
12-21 each county chair of a political party with nominees on the general
12-22 election ballot shall submit to the county election board a list of
12-23 names of persons eligible to serve on the early voting ballot
12-24 board. The county election board shall appoint at least one person
12-25 from each list to serve as a member of the early voting ballot
12-26 board. The same number of members must be appointed from each
12-27 list.
13-1 (d) In addition to the members appointed under Subsection
13-2 (c), the county election board shall appoint the presiding judge
13-3 from the list provided under that subsection by the political party
13-4 whose nominee for governor received the most votes in the county in
13-5 the most recent gubernatorial general election.
13-6 SECTION 20. Subsections (a), (i), and (j), Section 87.027,
13-7 Election Code, are amended to read as follows:
13-8 (a) A signature verification committee may be appointed in
13-9 any election. The early voting clerk is the authority responsible
13-10 for determining whether a signature verification committee is to be
13-11 appointed. If the clerk determines that a committee is to be
13-12 appointed, the clerk shall issue a written order calling for the
13-13 appointment. Section 87.0271 supersedes this section to the extent
13-14 of a conflict.
13-15 (i) The signature verification committee shall compare the
13-16 signature on each carrier envelope certificate, except those signed
13-17 for a voter by a witness, with the signature on the voter's ballot
13-18 application to determine whether the signatures are those of the
13-19 same person. The committee may also compare the signatures with
13-20 the signature on the voter's registration application to confirm
13-21 that the signatures match but may not use the registration
13-22 application signature to determine that the signatures do not
13-23 match. A determination under this subsection that the signatures
13-24 do not match must be made by a majority vote of the committee's
13-25 membership. The committee shall place the jacket envelopes,
13-26 carrier envelopes, and applications of voters whose signatures do
13-27 not match in separate containers from those of voters whose
14-1 signatures match. The committee chair [chairman] shall deliver the
14-2 sorted materials to the early voting ballot board at the time
14-3 specified by the board's presiding judge but within the period
14-4 permitted for the early voting clerk's delivery of early voting
14-5 ballots to the board.
14-6 (j) If a signature verification committee is appointed, the
14-7 early voting ballot board shall follow the same procedure for
14-8 accepting the early voting ballots voted by mail as in an election
14-9 without a signature verification committee, except that the board
14-10 may not determine whether a voter's signatures on the carrier
14-11 envelope certificate and ballot application match if the committee
14-12 has determined that the signatures match. If the committee has
14-13 determined that the signatures do not match, the board may make a
14-14 determination that the signatures match by a majority vote of the
14-15 board's membership.
14-16 SECTION 21. Subchapter B, Chapter 87, Election Code, is
14-17 amended by adding Section 87.0271 to read as follows:
14-18 Sec. 87.0271. COMMITTEE REQUIREMENTS SPECIFIC TO GENERAL
14-19 ELECTION FOR STATE AND COUNTY OFFICERS. (a) A signature
14-20 verification committee shall be appointed in the general election
14-21 for state and county officers on receipt by the early voting clerk
14-22 of a written request for the committee submitted by at least 15
14-23 registered voters of the county. Except as provided by this
14-24 section, Section 87.027 applies to the committee.
14-25 (b) If a signature verification committee is appointed under
14-26 this section, each county chair of a political party with nominees
14-27 on the general election ballot shall submit to the county election
15-1 board a list of names of persons eligible to serve on the
15-2 committee. The county election board shall appoint at least two
15-3 persons from each list to serve as members of the committee. The
15-4 same number of members must be appointed from each list.
15-5 (c) In addition to the members appointed under Subsection
15-6 (b), the county election board shall appoint the chair of the
15-7 committee from the list provided under that subsection by the
15-8 political party whose nominee for governor received the most votes
15-9 in the county in the most recent gubernatorial general election.
15-10 SECTION 22. Section 87.041, Election Code, is amended by
15-11 adding Subsection (e) to read as follows:
15-12 (e) In making the determination under Subsection (b)(2), the
15-13 board may also compare the signatures with the signature on the
15-14 voter's registration application to confirm that the signatures
15-15 match but may not use the registration application signature to
15-16 determine that the signatures do not match.
15-17 SECTION 23. Section 87.121(f), Election Code, is amended to
15-18 read as follows:
15-19 (f) Information on the roster for a person to whom an early
15-20 voting mail ballot has been sent is not available for public
15-21 inspection, except to the voter seeking to verify that the
15-22 information pertaining to the voter [him] is accurate, until:
15-23 (1) 72 hours after the time a ballot is mailed to the
15-24 voter; or
15-25 (2) 48 [24] hours after the time a ballot is [was]
15-26 mailed to the voter if the mailing occurs on the fourth day before
15-27 election day.
16-1 SECTION 24. Section 112.006, Election Code, is amended to
16-2 read as follows:
16-3 Sec. 112.006. Place for Voting by Personal Appearance. A
16-4 [(a) Except as provided by Subsection (b), a person may vote a
16-5 limited ballot by personal appearance only at an early voting
16-6 polling place serving the voters of the election precinct in which
16-7 the person resides.]
16-8 [(b) In a county with a population of more than 1,500,000,
16-9 a] person may vote a limited ballot by personal appearance only at
16-10 the main early voting polling place.
16-11 SECTION 25. Section 84.006, Election Code, is repealed.
16-12 SECTION 26. (a) The change in law made by this Act applies
16-13 only to an offense committed on or after the effective date of this
16-14 Act. For purposes of this section, an offense is committed before
16-15 the effective date of this Act if any element of the offense occurs
16-16 before that date.
16-17 (b) An offense committed before the effective date of this
16-18 Act is covered by the law in effect when the offense was committed,
16-19 and the former law is continued in effect for that purpose.
16-20 SECTION 27. This Act takes effect September 1, 1997.
16-21 SECTION 28. The importance of this legislation and the
16-22 crowded condition of the calendars in both houses create an
16-23 emergency and an imperative public necessity that the
16-24 constitutional rule requiring bills to be read on three several
16-25 days in each house be suspended, and this rule is hereby suspended.